Privacy and Cookies
WEBSITE Privacy Notice & COOKIES POLICY
BACKGROUND:
Sweeney Kincaid Limited (We) understand 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 all of our staff, customers, contacts and suppliers 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.
1. Information About Us
Sweeney Kincaid Limited is the controller and responsible for your personal data.
We are a limited company registered in Scotland under company number SC196511.
Our registered office and main trading address is: 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA.
Data Protection Officer: Russell Kincaid.
Email address: [email protected].
Telephone number: +44 (0) 141 570 4000.
2. What Does This Notice Cover?
This Privacy Notice explains how We use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. 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.
The personal data that We use is set out in Clause 5, below.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which We will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice 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 Clause 12.
b) The right to access the personal data We hold about you. Clause 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Clause 12 to find out more.
d) The right to request erasure, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that We hold where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Please contact us using the details in Clause 12 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) 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.
h) 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.
i) 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 Clause 12.
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 Clause 12.
5. What Personal Data Do You Collect and How?
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. We do not collect any ‘special category’ or ‘sensitive’ personal data AND/OR personal data relating to children AND/OR data relating to criminal convictions and/or offences. Where We need to collect personal data by law or under the terms of a contract We have with you (or are trying to enter into with you) and you fail to provide that data when requested, We may not be able to perform the contract. In this case, We may have to cancel a contract (but We will notify you if this is the case at the time).
| Data Collected | How We Collect the Data |
| Identity Information including name, title, date of birth, gender, copies of photo identification, bank statements. | Provided by you. |
| Contact information including address, email address, telephone number | Provided by you. |
| Business information including business name, job title, profession. | Provided by you. |
| Payment information including card details, bank account numbers, bank statements. | Provided by you. |
| Profile information including preferences, interests, purchase history. | Provided by you. |
| Data from third parties including contact information, profile information. | Provided by third parties or collected by us from publicly available sources |
| Technical information including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website; website clicks and views. | Website cookies, analytics providers and other similar technologies |
| Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences. | Provided by you. |
| Images | Collected by CCTV at our premises |
| Car registration | Collected by us either visually or by CCTV. |
6. 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 |
| Administering our business. | Identity Information; Contact Information; Business Information; Payment Information; Profile Information; Technical Information; Car registration. | Contractual Obligation; legitimate interests |
| Administer and protect our business and this website | Identity Information; Contact Information; Technical Information | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| Supplying our services to you. | Identity Information; Contact Information; Business Information; Payment Information; Technical Information; Profile Information. | Contractual Obligation. |
| Managing payments for our services; and making payments to you. | Identity Information; Contact Information; Business Information; Payment Information. | Contractual Obligation; Legitimate interests (to protect our business). |
| Communicating with you. | Identity Information; Contact Information; Business Information; Profile Information; Technical Information. | Contractual Obligation; Legitimate interests (to respond to your queries where you are not our customer). |
| Supplying you with information by email AND/OR post that you have opted-in-to (you may opt-out at any time by writing to us). | Identity Information; Contact Information; Business Information; Technical Information; Profile Information. | Direct Marketing with your prior consent only. |
| We also collect your VAT number (if applicable) to allow us to ensure we are applying the correct VAT codes to your sale/purchase | VAT Number | Legal Obligation |
| Protect our staff, property and business. | Identity Information; CCTV images and car registration. | Legitimate interests (detection and prevention of crime, to protect our staff and business and to verify customer identity and vehicle identity) |
Legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience as well as protecting our business and staff. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before We process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless We have your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Marketing and Opting out
With your permission and/or where permitted by law, We may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our services. 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.
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 Clause 12.
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.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy below.
7. 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.
We will not hold your personal information for any longer than is necessary for the uses outlined above, unless We are required to keep your personal data longer to comply with any legal, tax, accounting, reporting or regulatory requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
By law we have to keep basic information about our customers (including Contact Information, Identity Information, Payment Information and transaction data) for six years after they cease being customers for tax purposes.
We will retain your personal information for a period of 30 years after our last contact from you to allow us to inform you of our upcoming sales and auctions that may be of interest to you, unless you have contacted us to say that you wish us to delete your personal information from our records.
8. How and Where Do You Store or Transfer My Personal Data?
Storage
We will only store your personal data in the UK or in the EEA. 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;
Transfers
However, if you live or work outside of the UK or the EEA, we may need to transfer your personal data outside of the UK or the EEA to correspond with you. Where this applies, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice.
We also may transfer data outside the UK or the EEA where our service providers host, process, or store data outside the UK or the EEA. Where We do this, we will ensure that the transfer is to a country covered by a decision of the UK Information Commissioner or is otherwise made in circumstances where we have put appropriate safeguards in place to protect your data in accordance with the Data Protection Legislation.
9. 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, to comply with HM Revenue & Customs, a court order, or the instructions of a government authority.
CCTV images may be shared, upon request, with Police Scotland for crime prevention purposes and where otherwise necessary for legal proceedings. Our suppliers of the CCTV system also have access to these images to enable us to deliver this service.
We may sometimes contract with the following third parties to supply products AND/OR services.
| Recipient | Activity Carried Out |
| our waste management company, | who take care of our shredding and waste disposal requirements; |
| our third party IT support provider | who provides assistance in relation to our desktop applications that run our internal system; |
| our third party IT hardware support provider | who provide IT support for our devices and printing; |
| Our third party IT server support | who provides servers support |
| our third party database administrator | who maintain our internal database containing customer data; |
| Our third party identity verification provider | who provide personal identity verification services. |
| our CCTV provider | Who provide cctv recording and monitoring services. |
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 Clause 8. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
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 Clause 8.
10. 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 Clause 12.
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 may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
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.
11. Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
12. 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 the following details (for the attention of The Data Protection Officer):
Email address: [email protected].
Telephone number: +44 (0) 141 570 4000.
Postal Address: 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA.
If you have any other concerns you can contact the Information Commissioner"s Office on 0303 123 1113 or through their website: Make a complaint | ICO
13. Changes to this Privacy Notice
We may change this Privacy Notice 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 made available on our website. This Privacy Notice was last updated on 01 June 2023.
Cookie Policy
BACKGROUND:
Our Websites (defined below) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, We are able to provide you with a better experience and to improve Our Websites by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of Our Cookie Policy is deemed to occur if you continue using Our Websites. If you do not agree to Our Cookie Policy, please stop using Our Websites immediately.
1. 1. Definitions and Interpretation
1.1 In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:
“Cookie”means a small file placed on your computer or device by Our Websites when you visit certain parts of Our Websites and/or when you use certain features of Our Websites;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by the Data Protection Act 1998 and from 25th May 2018, the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and
“We/Us/Our” means Sweeney Kincaid Ltd , a company registered in Scotland under company number SC196511, whose registered address is 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA.
“Our Websites” means all websites which are owned and operated by Us.
2. How Do Our Websites Use Cookies?
2.1 Our Websites may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Websites and to provide and improve Our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
2.2 All Cookies used by and on Our Websites are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
2.2.1 Strictly Necessary Cookies
A Cookie falls into this category if it is essential to the operation of Our Websites, supporting functions such as logging in, your current bids, and payment transactions.
2.2.2 Functionality Cookies
Functionality Cookies enable Us to provide additional functions to you on Our Websites such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
2.2.3 Session Cookies
Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit Our Websites until you close your browser. Session Cookies are deleted when you close your browser.
2.3 Cookies on Our Websites are all session Cookies and will expire when you close your browser.
3. Consent and Control
3.1 Before Cookies are placed on your computer or device, you will be shown a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies unless those Cookies are strictly necessary; however you may not be able to access our full range of services on our Websites.
3.2 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
3.3 The links below provide instructions on how to control Cookies in all mainstream browsers:
3.3.1 Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
3.3.2 Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835
3.3.3 Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
3.3.4 Safari (macOS): https://support.apple.com/en-gb/guide/safari/sfri11471/16.1/mac/13.0
3.3.5 Safari (iOS): https://support.apple.com/en-gb/HT201265
3.3.6 Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences
3.3.7 Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)
4. Changes to this Cookie Policy
4.1 We may alter this Cookie Policy at any time. Any such changes will become binding on you on your first use of Our Websites after the changes have been made. You are therefore advised to check this page from time to time.
4.2 In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
5. Further Information
5.1 If you would like to know more about how We use Cookies, please contact Us at [email protected], by telephone on +44 (0)141 570 4000, or by post at 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA.