PRIVACY POLICY
1.Important information and who we are
Welcome to Hectare’s privacy policy. We respect your privacy and are committed to protecting your personal data.
This privacy policy explains how we collect, use, disclose and otherwise process your personal data when you use our websites at wearehectare.com and sellmylivestock.com (whether as a registered account holder or just visiting) and apps, including our online agricultural trading platform (collectively “Website”). It also applies to your use of the products and services we primarily provide through our Website, as well as by phone or email.
This privacy policy also tells you about your privacy rights so it is important that you read this privacy policy together with any other privacy policy or notice we may provide on specific occasions, when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data.
This privacy policy was last updated on the date that appears above and applies from that date.
Controller
Hectare Agritech Limited is the data controller and is responsible for your personal data (collectively referred to as “Hectare”, " we ", " us " or " our " in this privacy policy). As the controller, we decide why and how your personal data is processed.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your data protection rights, please contact the data privacy manager using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:
Email address: help@wearehectare.com
Postal address: Hectare Agritech Limited, 79-81 Borough Rd, London SE1 1DN
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Changes to the privacy policy
We keep this privacy policy under regular review and may update it from time to time by posting an updated version on our Website or by contacting you by email, where appropriate. The revised version will state the date from which the updated policy applies.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third party links
The 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 those websites or their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every website you visit before you submit your information to those websites, or allow your information to otherwise be used by them.
2. The personal data we collect about you
Personal data, or personal information, means any information relating to an individual that can be identified.
We may process different kinds of personal data about you which we have grouped together as follows:
Identity Data - includes first name, last name, and user identification number and username.
User Account Data – includes your password, notes that you send or receive within listings or bids using the functionality of any of our platforms or systems, business information, membership numbers, personal description and photograph.
Financial Data - includes your personal financial and certain payment card information including any credit rating information, as well as information about your crops and loans.
Transaction Data - includes details about payments to and from the payment method you use and other details of products and services purchased from us.
Contact Data - includes your email address and telephone number.
Location Data - includes your physical location, including longitude and latitude and / or what3words locations, when location services are enabled.
Technical Data - includes internet protocol (IP) address used to connect your computer to the internet, 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 the Website.
Usage Data includes information about how you use our website, apps, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Enquiry Data – includes information included within and relating to your contact/enquiry to us and our communications back to you.
We do not collect any Special Categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Your personal data may also be converted into aggregated data such as statistical or demographic data in such a way as to ensure that you are not identified or identifiable from it. We may use this data for analytical and research purposes.
If you fail to provide personal data
The information you provide to us is voluntary. However, where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into (for example, to provide products or services). In this case, we may have to cancel or exclude you from a product or service you have with us, but we will notify you if this is the case at the time.
3. How your personal data is collected
We use different methods to collect data from and about you including through:
Your direct interactions with us. This includes personal data you provide when you:
fill in the ‘Contact Us’ form on our Website or submit information through the Website;
register to use our Website and/or any of our services;
interact with features that ask you to provide information to us;
correspond with us directly by phone, email or otherwise;
subscribe to our publications or otherwise request marketing to be sent to you; or
when you report a problem with our Website.
Automated technologies/interactions. As you interact with our Website, we will automatically collect Technical Data and Usage Data about your equipment and browsing actions. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
Third parties. We may receive certain personal data about you from third party sources, such as our customers and suppliers, when required to enable us to provide services. Details of the sources from which we may receive your personal data and the categories of personal data we receive are set out below:
Your employer or the organisation for whom you work: Identity Data, Contact Data
Search information providers: Technical Data
Data providers such as Red Tractor and Clay Labs: Contact Data, User Account Data
Providers of technical, payment and delivery services: Contact Data, Financial Data, Transaction Data
Credit report providers such as CreditSafe: Identity Data, User Account Data, Contact Data
4. How we use your personal data
We will only collect and use your personal data when the law allows us to and where we have a legal reason (known as a ‘lawful basis’) for doing so. We rely on one or more of the following lawful bases:
Where we need to perform the contract we are about to enter into or have entered into with you or to take pre-contractual steps you request.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override these.
Where we need to comply with a legal obligation.
Where you have provided your consent for us to do so.
Purposes for which we will use your personal data
We have set out below a description of the ways we may use your personal data, and which of the lawful bases we rely on to do so. We have also identified what the particular legitimate interests on which we rely, where appropriate.
Where necessary to perform a CONTRACT with you or take PRE-CONTRACT STEPS you request
We may process your personal data where we need to perform a contract with you or take steps you request before we enter into that contract. For example, we rely on this basis when you register to use our services, or where you make a sales enquiry in respect of services you wish to receive.
Where you have provided CONSENT
We may use and process your personal data where you have consented for us to do so for the following purposes:
where you are an individual or unincorporated business (e.g. sole trader), to contact you with marketing information about our services, or our third party partners where you have expressly consented to us doing so; and
to use non-essential cookies on our Website, as further described in our Cookie Policy.
You may withdraw your consent for us to use your data in any of these ways at any time. Please see Section 10 (Your Rights) for further details.
Where necessary to comply with our LEGAL OBLIGATIONS
We will use your personal data to comply with our legal obligations:
to keep a record relating to the exercise of any of your rights relating to our processing of your personal data;
to comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);
to anonymise or delete your personal data when it is no longer required for the purposes described in this privacy policy;
to comply with court orders or other notices where we are required to do so to comply with the law; and
to handle and resolve any complaints we receive relating to our processing of your personal data as described in this privacy policy.
Where there is a LEGITIMATE INTEREST
We may use and process your personal data where it is necessary for us to pursue our legitimate interests as a business, or that of a third party, for the following purposes:
Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively:
to administer and maintain our Website and other services, including to personalise our Website for our users and customers and to enable use of the services available on our Website, troubleshooting, testing, statistical purposes;
for the prevention of fraud and other criminal activities;
for network and information security in order for us to take steps to protect your information against loss or damage, theft or unauthorised access;
to maintain the security of our staff, customers, venues, systems, premises or property and to investigate any actual, suspected or threatened breach of that security;
for efficiency, accuracy or other improvements of our products, services, business processes, databases and systems, for example, by combining systems or consolidating records we hold about you;
for the purposes of corporate restructure or reorganisation or sale of our business or assets;
for cookies that are essential for our Website to function properly, as described in our Cookie Policy;
to aggregate or otherwise anonymise your information, and to permit our service providers to do the same, for our or those providers’ use of the anonymised information for operational, administrative or business improvement purposes;
to notify you about changes to our services or the availability of our services and Website;
to inform you of updates to our terms and conditions and policies; and
for other general administration purposes, including to send service messages to you.
For our legitimate interest in promoting our business:
if you are representative of a corporate organisation or where the law otherwise allows, to send to you marketing communications by email relating to our business (or the businesses of our third party partners) which we think may be of interest to you;
to identify and record when you have received, opened or engaged with the or our electronic communications as further described in our Cookie Policy;
to tailor the marketing information we send based on information we hold about you or based on Website; and
to contact with you by telephone and post with marketing communications (unless you have opted out of receiving these, directly with us or by using the Telephone Preference Service).
Processing necessary for us to better understand the needs of our customers, and our market
for analysis, insight and market research (including surveys) conducted to inform our marketing and business strategies, and to enhance your user experience;
For your and our legitimate interest in providing our services and supporting customers and users with their enquiries:
to provide our services to you;
to manage and respond to queries made by you about our services or our Website; and
to provide you with technical support.
Processing necessary for us to communicate with you and to assess and respond to complaints, claims and regulators:
to communicate with you to respond to queries, complaints or claims and to manage legal and regulatory requests and requirements; and
to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings.
Where necessary to comply with our LEGAL OBLIGATIONS
We will use your personal data to comply with our legal obligations including for the following purposes:
to comply with and (where relevant) keep a record relating to the exercise of any of your data rights under data protection laws;
to anonymise or delete your personal data when it is no longer required for the purposes described in this privacy policy;
to comply with court orders or other notices where failure to do so would result in us breaking the law;
to handle and resolve any complaints we receive relating to our processing of your personal data as described in this privacy policy; and
to inform you of updates to this privacy policy and other notices that we are required to provide to you by law.
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 and how you can amend your cookie preferences, please see our Cookie Policy.
5. Disclosures of your personal data
We may disclose your personal data to our entities within our group, service providers, agents and subcontractors (“Third Parties”). When processing your personal data and for the purposes set out in Section 4 above, we may share your personal data with the parties set out below:
Registered users and service providers, when required to provide the products and services that we offer.
Service providers acting as processors who provide IT, software and/or system administration services, to the extent needed to enable and provide the Services to you. Our suppliers can be categorised as the follows:
advertising, PR and media providers (media (advertising and PR) providers);
cloud software system providers, including database, email and document management providers (IT (cloud) providers);
facilities and technology service providers including scanning and data destruction providers (IT (data management) providers);
website data and analytics platform providers (IT (data analytics) providers);
website and software developers (IT (software development) providers);
website hosting providers (IT (hosting) providers);
financial providers (finance (lending and finance) providers);
payment facilitation providers (finance (payment processing) providers);
insurers and insurance brokers (insurance (underwriting & broking) providers);
legal, security and other professional advisers and consultants (professional services (legal & accounting) providers; and
market and customer research providers (media (market research) providers).
When required by law or regulation, HM Revenue & Customs, the police, tribunals, regulators, the government or related agencies regulators and other authorities, and/or to protect and defend Hectare, our affiliates, our business partners or our users' rights and interests.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. When sending your information to third parties, we only disclose to them any personal data that is necessary for them to provide their service and we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
When we share your personal data with any third parties that are controllers of that information, they may disclose or transfer it to other organisations in accordance with their data protection policies. This does not affect any of your data protection rights as detailed below. In particular, where you ask us to rectify, erase or restrict the processing of your information, we take reasonable steps to pass this request on to any such third parties with whom we have shared your personal data.
6. International transfers
Some of the suppliers that we use to operate our services are based outside the UK (and, in certain cases, outside Europe) so their processing of your personal data will involve a transfer of data by us outside the UK. Those countries may not have similar data protection laws to the UK and so may not protect the use of your personal data to the same standard. In accordance with applicable data protection laws, whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by implementing measures to address this, including by relying on standard contractual clauses or declarations by regulators or governments (e.g. adequacy decisions) to ensure that any transferred personal data remains protected and secure.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, altered, disclosed or accessed in an unauthorised way. We do this by having in place a range of appropriate technical and organisational measures, including encryption measures and disaster recovery plans. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.
If you suspect any misuse or loss of or unauthorised access to your personal data, please let us know immediately by contacting us using the details provided at the beginning of this privacy policy.
We have internal procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my data for?
The length of time we retain your personal data is determined by a number of factors, including the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and our obligations under other laws. We do not retain personal information in an identifiable format for longer than is necessary.
We will always retain your personal information for the period that you have an account with our Website. You can delete your account by contacting our Help Desk (via the details in our Main Terms and Conditions that can be accessed on the Website when logged in via Settings > Account > Terms of Use). If you do not hold an account, we retain your personal information for two years from the date we collect it or, where applicable, the date you are unsubscribed from our marketing lists, if later.
The exceptions to the periods mentioned above and our retention of your personal information are where:
the law requires us to hold your personal information for a longer period, or delete it sooner;
you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law;
you exercise your right to require us to retain your personal information for a period longer than our stated retention period; or
we bring or defend a legal claim or other proceedings during the period we retain your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeals are possible.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Automated Decision Making
In certain circumstances we may use automated decision-making when processing the information you provide in your application for finance in accordance with the terms and conditions in place with us. This means that decisions will be made solely by automated means without any human involvement. When you make a finance application, we may use automated decision-making to allocate your finance application to the appropriate finance provider which will be based on the type of finance you are applying for and the amount of finance you are applying for.
Use of an automated decision-making process is necessary for the performance of the contract between you and us when introducing you and making your finance application available to finance providers. We will notify you if a decision is based solely on automated processing.
If we notify you that a decision is based solely on automated processing, you have the right to:
request that we use human intervention in the decision-making process; and
express your view and contest the decision,
You can contact our Help Desk via the details in our Main Terms and Conditions(which can be accessed on the Website when logged in via Settings > Account > Terms of Use) or at www.wearehectare.com/contact to express your views or challenge the decision.
10. Your data protection rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are to:
To have your information corrected if it is inaccurate and to have incomplete personal information completed
If you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us using any of the details described at the beginning of this privacy policy.
To object to processing of your personal data
Where we rely on our legitimate interests as the lawful basis for processing your personal data for particular purposes, you may object to us using your personal data for these purposes by emailing or writing to us at the address at the end of this privacy policy. Except for the purposes for which we are sure we can continue to process your personal data, we will temporarily stop processing your personal data in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.
To withdraw your consent to processing your personal data
Where we rely on your consent as the lawful basis for processing your personal data, you may withdraw your consent at any time by contacting us using the details at the end of this privacy policy. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can also do so using our unsubscribe tool. If you withdraw your consent, our use of your personal data before you withdraw is still lawful.
To restrict processing of your personal data
You may ask us to restrict the processing of your personal data in the following situations:
where you believe it is unlawful for us to do so; or
you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings.
In these situations, we may only process your personal data whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
To have your personal data erased
In certain circumstances, you may ask for your personal data to be removed from our systems by emailing or writing to us at the address at the end of this privacy policy. Unless there is a reason that the law allows us to use your personal data for longer, we will make reasonable efforts to comply with your request.
To request access to your personal data and how we process it
You have the right to ask for a copy of the information that we hold about you by emailing or writing to us at the address at the end of this privacy policy. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
To electronically move, copy or destroy your personal data in a standard, machine-readable form
Where we rely on your consent as the lawful basis for processing your personal data or need to process it in connection with a contract in place directly with you, you may ask us to provide you with a copy of that information in a structured data file. We will provide this to you electronically in a structured, commonly used and machine readable form, such as a CSV file.
You can ask us to send your personal data directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal data if this concerns other individuals or we have another lawful reason to withhold that information.
Rights relating to automated decision making, including profiling
You may also contest a decision made about you based purely on automated processing by contacting us using the information at the top of this privacy policy. See the relevant section above for further details, including how to contest a decision.
To complain to a data protection regulator
You have the right to complain to a data protection regulator (which in the UK is the Information Commissioner’s Office (ICO)) if you are concerned about the way we have processed your personal data. Please visit the ICO’s website for further details.
If you wish to exercise any of the rights set out above, please contact us at help@wearehectare.com