Trade
My Phone Limited understands that your privacy is important to you
and that you care about how your personal data is used.
We respect and
value the privacy of everyone who visits this website, trademyphone.co.uk (“Our Site”) and will only
collect and use personal data in ways that are described here, and in a way
that is consistent with our obligations and your rights under the law.
Please read this
Privacy Policy carefully and ensure that you understand it.
Your acceptance of
this Privacy Policy is requested in order for you to continue use of our Site
and / or to place an order with us.
Part A:
WEBSITE USAGE
Your agreement to comply with the terms in this Policy is indicated by
your use of Our Site. If you do not agree to these Terms and Conditions, you
must stop using Our Site immediately.
By using this Site
you accept the terms of this Policy whether you chose to register with us or
place an order with us.
All Content
included on Our Site and the copyright and other intellectual property rights
in that Content belongs to or has been licensed by us, unless specifically
labelled otherwise. All Content is protected by applicable United Kingdom and
international intellectual property laws and treaties
Without limitation
to the foregoing, we reserve copyright, all intellectual property rights and
other rights in the Site and your use of the Site does not permit you to copy
or re-use any such intellectual property, save for your use and retention of
this Policy and of our other terms and conditions and policies on the Site for
purposes of our dealings with you only.
No part of this
website may be reproduced or stored in any other website or included in any
public or private electronic retrieval system or service without our prior
written permission.
All rights not
expressly granted herein are reserved.
You may not use any
Content saved or downloaded from Our Site for commercial purposes
Our Site is
intended for users in the United Kingdom only. We do not warrant or represent
that Our Site or its Content are available in other locations or are suitable
for use in other locations.
Any Links by you to
Our Site must be fair and lawful. You must not take unfair advantage of our
reputation or attempt to damage Our reputation.
Viruses etc:
- We exercise reasonable skill and care to
ensure that Our Site is secure and free from viruses and malware; however,
we do not guarantee that this is the case.
- You are responsible for protecting your
hardware, software, data, and other material from viruses, malware, and
other internet security risks.
- You must not deliberately introduce viruses or
other malware, or any other material which is malicious or technologically
harmful either to or via Our Site.
- You must not attempt to gain unauthorised
access to any part of Our Site, the server on which Our Site is stored, or
any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a
denial of service attack, a distributed denial of service attack, or by
any other means.
- By breaching the provisions above, you may be
committing a criminal offence under the Computer Misuse Act 1990 or
otherwise. We reserve the right to report breaches to the relevant law
enforcement authorities and we will cooperate fully with those authorities
by disclosing your identity to them. Your right to use Our Site will cease
immediately in the event of such a breach.
Acceptable Usage of Our Site
You may only use
Our Site in a lawful manner:
- You must ensure that you comply fully with any
and all local, national, or international laws and regulations that apply;
- You must not use Our Site in any way, or for
any purpose, that is unlawful or fraudulent. Without limitation to
the foregoing you are prohibited from posting or transmitting to or from
the Site any material that is threatening, defamatory, obscene, indecent,
seditious, unlawfully offensive, pornographic, abusive, discriminatory, in
breach of confidence, or otherwise unlawful;
- You must not use Our Site to knowingly send,
upload, or in any other way transmit data that contains any form of virus
or other malware or any other code designed to adversely affect computer
hardware, software, or data of any kind.
If you fail to
comply with the provisions of this paragraph, you will be in breach of these
Terms and Conditions. We may take one or more of the following actions in
response:
- Suspend or terminate your right to use Our
Site;
- Issue you with a written warning;
- Take legal proceedings against you for
reimbursement of any and all relevant costs on an indemnity basis
resulting from your breach;
- Take further legal action against you, as
appropriate;
- Disclose such information to law enforcement
authorities as required or as we deem reasonably necessary; and/or
- Any other actions which we deem reasonably
appropriate (and lawful).
We hereby exclude
any and all liability arising out of any actions that We may take (including,
but not limited to those set out above in this paragraph) in response to your
breach.
SERVICE ACCESS
AND INFORMATION ON SITE:
Access to Our Site is provided on an “as is” and on an “as available”
basis. We may suspend or discontinue Our Site (or any part of it) at any time.
We do not guarantee that Our Site will always be available or that access to it
will be uninterrupted
We make no
representations or warranties as to the accuracy or completeness of the content
of this Website.
Part B
PRIVACY POLICY
You acknowledge that any reliance on
material found on this Website will be at your own risk.
1.
Definitions and Interpretation
In this Policy the following terms shall have the following
meanings:
|
“Account” |
means an account required to
access and/or use certain areas and features of Our Site; |
|
“Cookie” |
means a small text file placed
on your computer or device by Our Site when you visit certain parts of Our
Site and/or when you use certain features of Our Site. Details of the Cookies
used by Our Site are set out in Part 14, below; and |
|
“Cookie Law” |
means the relevant parts of the
Privacy and Electronic Communications (EC Directive) Regulations 2003. |
2. Information About Us
Trademyphone.co.uk is
a trading name of Trade My Phone Limited, Registered in England & Wales,
Company Number:
Registered office
address: G8, Southall Towanhall, 1 Hight Street, Southall, UB1 3HA
Email: hello@trademyphone.co.uk
Telephone number: 02086068626.
For the purpose of
this Policy trademyphone.co.uk or Trade My Phone or ‘us’ or ‘we’ refers to the
owner of the website trademyphone.co.uk
‘you’, ‘your’ means
you a person or entity who wishes to use, uses or has used this website to place
a sales order via our website.
3. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Site.
Our Site may contain links to other websites.
Please note that we
have no control over how your data is collected, stored, or used by other
websites and we advise you to check the privacy policies of any such websites
before providing any data to them.
4. What Is Personal Data?
Personal data is
defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the
Data Protection Legislation”) as ‘any information relating to an identifiable
person who can be directly or indirectly identified in particular by reference
to an identifier’.
Personal data is,
in simpler terms, any information about you that enables you to be identified.
Personal data covers obvious information such as your name and contact details,
but it also covers less obvious information such as identification numbers,
electronic location data, and other online identifiers.
5. What Are My Rights?
Under the Data Protection Legislation, you have the following rights,
which we will always work to uphold:
- The right to be informed about our collection
and use of your personal data. This Privacy Policy should tell you
everything you need to know, but you can always contact us to find out more or to ask any questions
using the details in Part 15.
- The right to access the personal data we hold
about you. Part 13 will tell you how to do this.
- The right to have your personal data rectified
if any of your personal data held by us is inaccurate or incomplete.
Please contact using the details in Part 15 to find out more.
- The right to be forgotten, i.e. the right to
ask us to delete or otherwise dispose of any of your personal data that we
hold. Please contact us using the details in Part 15 to find out more.
- The right to restrict (i.e. prevent) the
processing of your personal data.
- The right to object to us using your personal
data for a particular purpose or purposes.
- The right to withdraw consent. This means
that, if we are relying on your consent as the legal basis for using your
personal data, you are free to withdraw that consent at any time.
- The right to data portability. This means
that, if you have provided personal data to us directly, we are using it
with your consent or for the performance of a contract, and that data is
processed using automated means, you can ask us for a copy of that
personal data to re-use with another service or business in many cases.
- Rights relating to automated decision-making
and profiling. We do not use your personal data in this way.
For more
information about our use of your personal data or exercising your rights as
outlined above, please contact us using the details provided in Part 15.
It is important
that your personal data is kept accurate and up-to-date. If any of the personal
data we hold about you changes, please keep us informed as long as we have that
data.
Further information
about your rights can also be obtained from the Information Commissioner’s
Office or your local Citizens Advice Bureau.
If you have any
cause for complaint about our use of your personal data, you have the right to
lodge a complaint with the Information Commissioner’s Office. We would welcome
the opportunity to resolve your concerns ourselves, however, so please contact
us first, using the details in Part 15.
6. What Data Do You Collect and How?
Depending upon your
use of Our Site, we may collect and hold some or all of the personal and
non-personal data set out in the table below, using the methods also set out in
the table.
Please also see
Part 14 for more information about our use of Cookies and similar technologies.
We do not collect
any ‘special category’ or ‘sensitive’ personal data and/or personal data
relating to children.
Your
Indemnity to us:
You shall indemnify us against all liabilities, costs, expenses, damages
and losses (including but not limited to any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest, penalties and
legal costs (calculated on a full indemnity basis) and all other reasonable
professional costs and expenses) suffered or incurred by us arising out of or
in connection with:
6.1 You sending us any Personal Data; other than your own personal data
for purposes of your use of our Site, your Account and you placing any orders
with us.
6.2 any breach by you of the Data Protection Legislation, provided that
we give to you notice of such claim within a reasonable time of us becoming
aware of same and subject always to applicable law, and
6.3 any unlawful act, or omission by you in relation to the Contract.
Data
Protection Legislation means all applicable data protection and
privacy legislation in force from time to time in the UK including the UK GDPR;
the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the
Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as
amended [and all other legislation and regulatory requirements in force from
time to time which apply to a party relating to the use of personal data
(including, without limitation, the privacy of electronic communications).
Personal
data means: means any information relating to an identified or
identifiable natural person (‘data subject’); an identifiable natural person is
one who can be identified, directly or indirectly, in particular by reference
to an identifier such as a name, an identification number, location data, an
online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that
natural person
|
Data
Collected |
How We
Collect the Data |
|
Your Identity Information including:
|
On our Site when you complete
your details, including when you email us and / or send us your Order |
|
Your Contact information
including as detailed above. |
|
7. How Do You Use My Personal Data?
Under the Data
Protection Legislation, we must always have a lawful basis for using personal
data.
The following table
describes how we may use your personal data, and our lawful bases for doing so:
|
What We
Do |
What Data
We Use |
Our
Lawful Basis |
|
Our Lawful Basis |
|
Carrying out our business and processing your
Orders and emails. |
|
Supplying our services to you in the form of
buying your Phone or Device |
Data provided to us on your Order placed with us
for sale by you on your phone or other device to us. |
To allow us to evaluate your order and enter into
any contract with you for purchase by us of your phone or device. |
|
Managing payments |
Your designated bank details and / or payment
details. |
To allow us to pay you. |
|
Communicating with you. |
Your contact email address and physical address. |
To allow us to communicate with you, including to
send To allow us to communicate with you, including to send back your Phone
if applicable. If you have chosen post & package service we
provide that service based on the information you have provided.back your
Phone if applicable. |
You will not be
sent any unlawful marketing or spam.
We will always work
to fully protect your rights and comply with our obligations under the Data
Protection Legislation and the Privacy and Electronic Communications (EC
Directive) Regulations 2003, and you will always have the opportunity to
opt-out.
We will
always obtain your express opt-in consent before sharing your personal data
with third parties for marketing purposes and you will be able to opt-out at
any time.
Third Parties whose
content appears on Our Site may use third-party Cookies, as detailed below in
Part 14.
Please refer to
Part 14 for more information on controlling cookies. Please note that we do not
control the activities of such third parties, nor the data that they collect
and use themselves, and we advise you to check the privacy policies of any such
third parties.
We only use
automated systems for initial automatic email responses to your Order and
generation of our invoices.
If at any point you
wish to query any action that we take on the basis of this automated process
please contact us.
We will only use
your personal data for the purpose(s) for which it was originally collected
unless we reasonably believe that another purpose is compatible with that or
those original purpose(s) and need to use your personal data for that purpose.
If we do use your personal data in this way and you wish us to explain how the
new purpose is compatible with the original, please contact us using the
details in Part 15.
If we need to use
your personal data for a purpose that is unrelated to, or incompatible with,
the purpose(s) for which it was originally collected, we will inform you and
explain the legal basis which allows us to do so.
In some
circumstances, where permitted or required by law, we may process your personal
data without your knowledge or consent. This will only be done within the
bounds of the Data Protection Legislation and your legal rights.
Device-checking
by Us
Every single device received by us,
mobile phone trade in, is checked against the CheckMEND database to ensure it
has not been reported stolen, lost or blacklisted.
8. How Long Will You Keep My Personal
Data?
We will not keep your personal data for any longer than is necessary in
light of the reason(s) for which it was first collected.
Your personal data will therefore be kept for the following periods (or,
where there is no fixed period, the following factors will be used to determine
how long it is kept):
|
Type of
Data |
How Long
We Keep It |
|
Your Identity Information as detailed above and
additional identity information you may provide to us. |
Such time needed for our business such as for
maintaining accounting, VAT or other Tax records; or if not required for
that, 6 years. |
|
Contact and Contract information and Payment information including as detailed above. |
Such time needed for our
business such as for maintaining accounting, VAT or other Tax records; or if
not required for that, 6 years for contractual reasons of maintaining a
record of our contract with you. |
9. How and Where Do You Store or Transfer My Personal Data?
We will only store
your personal data in the UK. This means that it will be fully protected under
the Data Protection Legislation.
The security of
your personal data is essential to us, and to protect your data, we take a
number of important measures, including the following:
- limiting access to your personal data to those
employees, agents, contractors, and other third parties with a legitimate
need to know and ensuring that they are subject to duties of
confidentiality;
- procedures for dealing with data breaches (the
accidental or unlawful destruction, loss, alteration, unauthorised
disclosure of, or access to, your personal data) including notifying you
and/or the Information Commissioner’s Office where we are legally required
to do so
10.
Do You Share My Personal Data?
We will not share any of your personal data with any
third parties for any purposes, subject to the following exceptions.
- If we sell, transfer, or merge parts of our
business or assets, your personal data may be transferred to a third
party. Any new owner of our business may continue to use your personal
data in the same way(s) that we have used it, as specified in this Privacy
Policy.
- In some limited circumstances, we may be
legally required to share certain personal data, which might include
yours, if we are involved in legal proceedings or complying with legal
obligations, a court order, or the instructions of a government authority.
If any of your
personal data is shared with a third party, as described above, we will take
steps to ensure that your personal data is handled safely, securely, and in
accordance with your rights, our obligations, and the third party’s obligations
under the law, as described above in Part 9.
If any personal
data is transferred outside of the UK, we will take suitable steps in order to
ensure that your personal data is treated just as safely and securely as it
would be within the UK and under the Data Protection Legislation, as explained
above in Part 9.
If we sell,
transfer, or merge parts of our business or assets, your personal data may be
transferred to a third party. Any new owner of our business may continue to use
your personal data in the same way(s) that we have used it, as specified in
this Privacy Policy.
In some limited
circumstances, we may be legally required to share certain personal data, which
might include yours, if we are involved in legal proceedings or complying with
legal obligations, a court order, or the instructions of a government
authority.
11.
Can I Control My Personal Data?
In addition to your
rights under the Data Protection Legislation, set out in Part 5, when you
submit personal data via Our Site, you may be given options to restrict our use
of your personal data.
In particular, we
aim to give you strong controls on our use of your data for direct marketing
purposes (including the ability to opt-out of receiving emails from us which
you may do by unsubscribing using the links provided in our emails and at the
point of providing your details and by managing your Account).
12. Can I Withhold Information?
You may access
certain areas of Our Site without providing any personal data at all. However,
to use all features and functions available on Our Site you may be required to
submit or allow for the collection of certain data.
You may restrict
our use of Cookies. For more information, see Part 14 (Cookie
Policy).
13. How Can I Access My Personal Data?
If you want to know
what personal data we have about you, you can ask us for details of that
personal data and for a copy of it (where any such personal data is held). This
is known as a “subject access request”.
All subject access
requests should be made in writing and sent to the email or postal addresses
shown in Part 15.
There is not
normally any charge for a subject access request. If your request is ‘manifestly
unfounded or excessive’ (for example, if you make repetitive requests) a fee
may be charged to cover our administrative costs in responding.
We will respond to
your subject access request within one month of receiving it. Normally, we aim
to provide a complete response, including a copy of your personal data within
that time. In some cases, however, particularly if your request is more
complex, more time may be required up to a maximum of three months from the
date we receive your request. You will be kept fully informed of our progress.
14. How Do You Use Cookies?
Please see
our Cookie
Policy
15. How Do I Contact You?
To contact us about
anything to do with your personal data and data protection, including to make a
subject access request, please use one of the following:
By post:-
Registered office address: G8, Southall Townhall, 1 Hight Street, Southall, UB1
3HA
By Email: hello@trademyphone.co.uk
By telephone:- 0208-606-8626.
16. Changes to this Privacy Policy
We may change this
Privacy Policy from time to time.
This may be
necessary, for example, if the law changes, or if we change our business in a
way that affects personal data protection.
Any changes will be
immediately posted on Our Site and you will be deemed to have accepted the
terms of the Privacy Policy on your first use of Our Site following the
alterations. We recommend that you check this page regularly to keep
up-to-date. This Privacy Policy was last updated on 31/12/2023.