Definitions and interpretation
In this privacy policy, the following definitions are used:
Data
Collectively all information that you submit to Pastdrives Limited via the Website, excluding User Uploaded Content. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies
A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR
The General Data Protection Regulation (EU) 2016/679;
Pastdrives Limited, we or us
Pastdrives Limited, a company incorporated in England and Wales with registered number 10889155 whose registered office is at 71-75 Shelton Street, London, WC2H 9JQ;
UK and EU Cookie Law
The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User, Member or You
Any third party that accesses the Website and is not either (i) employed by Pastdrives Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Pastdrives Limited and accessing the Website in connection with the provision of such services;
Website
The website that you are currently using, www.pastdrives.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions;
User Uploaded Content
Any content (images, video, text etc) uploaded by You to appear on the Website in order to showcase your car or advertise your car for sale or open to offers.
Timeline
User Uploaded Content formatted as part of an ownership timeline of your car or other Members car's that you may also be connected to
In this privacy policy, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- "including" is understood to mean "including without limitation"
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
This privacy policy applies only to the actions of Pastdrives Limited and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
For purposes of the applicable Data Protection Laws, Pastdrives Limited is the "data controller". This means that Pastdrives Limited determines the purposes for which, and the manner in which, your Data is processed.
Data collected
We may collect the following Data, which includes personal Data, from you:
- name
- contact Information such as email addresses
- demographic information such as postcode, preferences and interests;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected);
- a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
- we will collect User Uploaded Content supplied by you
- in each case, in accordance with this privacy policy.
How we collect Data
We collect Data in the following ways:
- data is given to us by you.
- data is collected automatically.
Data that is given to us by you
Pastdrives Limited will collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you supply User Upload Content to us
- when you enter a competition or promotion through a social media channel;
- when you elect to receive marketing communications from us;
- when you use our services; in each case; in accordance with this privacy policy.
Data that is collected automatically
To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
Our use of Data
Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of marketing materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or
- update the Website;
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Keeping Data secure
We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: info@pastdrives.com.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted. Notwithstanding your rights regarding User Uploaded Content.>
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Our use of User Uploaded Content
Our Website allows you to upload content, including images and videos with a view to that information being read, copied, downloaded, shared on other web sites and social media platforms or used by other people for similar reasons.
Examples include: showcasing your car, sharing textual and image content, posting content provided by you or other Users and Members to social media sites such as Facebook and Instagram, advertising your car for sale, connecting with other Members of the Website, messaging and sharing content with each other and enquiring about an advertisement on our Website.
Once your User Uploaded Content enters the public domain, Pastdrives Limited has no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
By submitting any User Uploaded Content, you grant to Pastdrives Limited a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use all or any portion of the User Uploaded Content, as well as your name, persona and likeness included in any User Uploaded Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Uploaded Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Uploaded Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Uploaded Content. Pastdrives Limited retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Uploaded Content for any reason or no reason.
Your rights
You have the following rights in relation to your Data, even in the event you have been removed as a User/Member by Pastdrives Limited due to misuse or inappropriate activity (see misuse and abuse clause within the Pastdrives Terms):
- Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase - the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
- Right to data portability - the right to request that we move, copy or transfer your Data.
- Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
You have the following rights in relation to User Uploaded Content, even if you have been removed as a User/Member by Pastdrives Limited due to misuse or inappropriate activity (see misuse and abuse clause within the Pastdrives Terms):
-
Right to erase any reference to you, wherever possible, including your name, user name and profile information. However, Pastdrives Limited, reserves the right to keep any User Uploaded Content that you have uploaded to your Timeline or the Timeline of other Members car's.
For the benefit of doubt, wherever possible, you have the right to remove reference to yourself from the User Uploaded Content, including your Timeline and Timelines that you have submitted User Uploaded Content to. However, images, videos and textual content that are relevant to either your car's Timeline or cars that you have connected to as a previous owner, remains the property of Pastdrives Limited. If there is any refence to you within the video or image content then this reference will not be removed or masked or similar.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: info@pastdrives.com.
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
Pastdrives Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Pastdrives Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
General
You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to this privacy policy
Pastdrives Limited reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.
You may contact Pastdrives Limited by email at info@pastdrives.com.
