TRADERCARS PLATFORM
PRIVACY POLICY
1.
GENERAL PROVISIONS
1.1. We care about your privacy and the security of
your personal data, which is why we have prepared this privacy policy (“Privacy
Policy”), which explains how we process your personal data, which of your
rights we ensure, and provides other information about the processing of your
personal data.
1.2.
This
Privacy Policy applies when you use the Tradercars Platform - an auction-based
vehicles sales engine, available at https://www.tradercars.eu/
(the “Platform”), visit our social
networking site LinkedIn (hereinafter - “Social Accounts”),
and contact us by email, telephone, or other electronic communication channels.
1.3. In this Privacy Policy “personal data” (“Personal Data”) means any information
or set of information from which we can directly or indirectly identify you,
such as your name, surname, email address, telephone number, etc. As used in
this Privacy Policy, “You” means a user of the Platform and its services, a
visitor to the Social Accounts or a person who communicates with us.
1.4. In processing Personal Data, we comply with the
requirements of the General Data Protection Regulation 2016/679 (EU) (“GDPR”) and the legislation of the
Republic of Lithuania, as well as the instructions of the controlling
authorities.
1.5. If you use the Platform, its services, visit our
Social Accounts, contact us, you have consented to receive direct marketing
communications, we consider that you have read and understood the Privacy
Policy.
1.6. The Platform and Social Accounts may contain
links to, for example, our partners’ websites, websites of our other projects.
This Privacy Policy does not apply to such websites. We encourage you to review the privacy policies of any
third-party sites or platforms before providing any personal information or
engaging further.
1.7. This Privacy Policy is subject to change, so
please visit the Platform from time to time to read the latest version of the
Privacy Policy posted.
2.
WHO ARE WE?
2.1.
The
controller of your Personal Data is Exleasingcar,
UAB, a private limited liability company incorporated in the Republic of
Lithuania, legal entity code 302837280, address Parodų g. 2, LT-04133 Vilnius,
Lithuania, the data is collected and processed in the Register of Legal
Entities of the State Enterprise “Registrų Centras” (hereinafter referred to as
“Tradercars” or “We”).
3.
HOW DO WE RECEIVE YOUR PERSONAL DATA?
3.1. We receive your Personal Data:
3.1.1.
directly
from You when You provide your Personal Data to us. For example, when You
register Your company on the Platform and indicate Yourself as the contact
person or representative, use the Platform and its services, participate in the
auction(s) organized on the Platform, make a payment, communicate with us by
email or telephone, etc.;
3.1.2.
when We
collect Personal Data when You use the Platform or Social Accounts. For
example, We may record Your participation history in auction(s) organized on
the Platform, purchases or sales of vehicles, visits to the Platform, IP
address, service preferences, opened URL links, etc.
3.1.3.
when We
receive Personal Data from other persons, such as your employer, service
provider who identifies You as a contact person, payment institutions about payments made, etc.
3.2.
When You
provide Personal Data about yourself or others (e.g., about your employees,
agents), You are responsible for the accuracy, completeness, and timeliness of
such Personal Data, as well as for informing or consenting of the person whose
Personal Data is being provided to us. In certain cases, We may ask You to
confirm that You have the right to provide us with Personal Data (for example,
by completing registration forms).
4.
WHAT PERSONAL DATA DO WE PROCESS ABOUT YOU?
4.1. We process your Personal Data for the following
purposes and under the following conditions:
Purposes of personal data processing | Processed personal data | Personal data retention periods | Legal grounds for personal data processing |
Creating and using an account on the Platform, placing a vehicle for the auction(s) organized via Platform, bidding in the auction(s) organized via Platform, and receiving other services provided via Platform. | Name, surname, username, email address, phone number; Job title, person that you represent (when you represent a company or another person), relationship with the person represented; Encrypted account passwords; Account usage history, information on interactions with the Platform; Information on the services received via Platform, service-related communications and notifications. | Account data is stored for the duration of the account’s use and for 5 years after the last login; Service related data shall be stored for the duration of the account’s use and for a period of 5 years from the last login; When processing data based on your consent, we will do so for the duration of your consent. Should you withdraw your consent, we will retain the data until the originally agreed upon period of consent expires. | Consent of the data subject (Article 6(1)(a) of the GDPR). The processing is necessary for the conclusion and performance of the contract (Article 6(1)(b) of the GDPR); The legitimate interests of the controller to ensure the quality of the operation of the account, the provision of services, and the proper administration of orders (Article 6(1)(f) of the GDPR). |
Conclusion and execution of purchase and sale agreements for vehicles sold and acquired through the Platform. | Name, surname, email address, job title, person that you represent (when you represent a company or another person), relationship with the person represented, basis of representation, data related to the sold or purchased vehicle. | The data contained in the sale and purchase agreement will be retained for 10 years after the conclusion of the agreement. | The processing is necessary for the conclusion and performance of the contract (Article 6(1)(b) of the GDPR); The legitimate interests of the controller or third party (Article 6(1)(f) of the GDPR). |
Consultation on services available on the Platform and quality assurance. | If provided: name, surname, email address, phone number; Person represented (if you represent a company or another person), your relationship with the person represented; Subject and content of the communication (message, reply) and any data necessary to address quality issues; In the case of communication via social networks, we may collect publicly visible information from your account. | The data is stored for the duration of the communication and for up to 1 year after the end of the communication (last message); For Social Accounts, data is stored according to their respective settings; When processing data based on your consent, we will do so for the duration of your consent. Should you withdraw your consent, we will retain the data until the originally agreed upon period of consent expires. | Consent of the data subject (Article 6(1)(a) of the GDPR); The processing is necessary for the conclusion and performance of the contract (Article 6(1)(b) of the GDPR); The legitimate interests of the controller to provide information and to ensure the quality of the service (Article 6(1)(f) of the GDPR). |
Managing payments, accounting, debt management. | Name of the payer / person for whom the payment is made; Personal identification number (if applicable); Person represented (when representing a company or another person), relationship with the person represented; Address, email address, telephone number; Amount of the payment, date of the payment, number of the payer’s account, payment institution, confirmation of payment by the collector of the contribution; Details of the arrears (date, amount, basis of the origin of the arrears, debtor passed on / unpassed to the debtor for collection). | The data shall be kept in accordance with the legislation governing financial transactions and financial accounting and, where this does not specify time limits, for 10 years from the date of payment. | The processing is necessary for the conclusion and performance of the contract (Article 6(1)(b) of the GDPR); The processing is necessary for compliance with a legal obligation imposed on the controller to ensure proper financial accounting (Article 6(1)(c) of the GDPR); The legitimate interests of the controller or third party (Article 6(1)(f) of the GDPR). |
Platform administration, development, security, fraud prevention. | IP address, device information, data collected by cookies, analytical data (such as visits, page views, searches, links clicked, and the date and time of those clicks), URL links pointing to the Platform, and information about data changes. | Platform data is stored as described in the Privacy Policy section “Cookies and other tracking technologies” and, if not included in the cookie information, for up to 2 years after collection; When processing data based on your consent, we will do so for the duration of your consent. Should you withdraw your consent, we will retain the data until the originally agreed upon period of consent expires. | Consent of the data subject (Article 6(1)(a) of the GDPR). The legitimate interests of the controller in ensuring the smooth functioning, development and security of the Platform (Article 6(1)(f) of the GDPR). |
Managing Social Accounts. | Username, comments and shares on the post, information about clicks on “like” and “follow”, information about reactions to entries, photo, details of the message and the reply to the message (time of receipt, content, attachments), rating information, and any other information You provide. | Social Accounts store information according to the terms and conditions set by the owners of the social networks. | Consent of the data subject (Article 6(1)(a) of the GDPR). |
Conducting direct marketing campaigns for businesses, sending news. | Data used for sending newsletters and marketing: name, surname, email address, telephone number; preferences for news content, service usage data for personalized news; URL links to the Platform, information about the recipients of the newsletters; data collected via advertising cookies. | When processing data based on your consent, we will do so for the duration of your consent. Should you withdraw your consent, we will retain the data until the originally agreed upon period of consent expires. | Consent of the data subject (Article 6(1)(a) of the GDPR). The legitimate interests of the controller to manage the mailing lists of news recipients, to analyse aggregated marketing results, to resolve problems related to the provision of news (Article 6(1)(f) of the GDPR). |
Resolving disputes and claims. | Email address, content of the complaint / claim / proceeding, information related to the dispute / claim; Other data provided by the person: name, surname, phone number, address, job title, person represented (if You represent a company or another person), relationship with the person represented. | During the resolving of the dispute and for 10 years after the end of the pendency of the dispute (or, in the case of a judicial dispute, after the final judgment has become final); Requests and correspondence from data subjects shall be kept for 2 (two) years after the end of the processing of the request. | The processing is necessary for compliance with a legal obligation imposed on the controller (Article 6(1)(c) of the GDPR); Legitimate interests of the controller or of a third party to assert claims or defend their rights (Article 6(1)(f) of the GDPR). |
4.2.
In some
cases, we may use the contacts you have provided to send you messages or call
you in connection with our services. For example, to inform you of results of
the auctions organized via Platform, changes to the provision of the services,
etc. Such communications are necessary for the proper provision of our services
and are not considered promotional communications.
4.3. We process some of your Personal Data only with
your consent. We observe the following rules for how data is processed on the
basis of consent:
4.3.1.
You are not
obliged to provide Personal Data, for example, if You are required to fill in a
form, You may not fill in the optional fields, or if consent is given by
ticking the relevant box, You may not tick it. In case You provide data in
optional fields on your own, provide us with more data than is necessary to
answer our questions, communicate with us on our Social Accounts, We consider
that the provision of such data constitutes, at the same time, your consent to
the processing of such data;
4.3.2.
You have
the right to object to or withdraw your consent to the processing of your
Personal Data at any time when it is processed on the basis of consent. Where
We process your Personal Data on the basis of your consent, We will retain such
data until You withdraw your consent. You can withdraw your consent by changing
your account settings (if the data is processed in your account), by clicking
on the relevant links (if provided) or by emailing us at info@tradercars.eu. We will endeavour to implement your request to withdraw
consent as soon as possible after We receive it, but in some cases, this may
take a reasonable amount of time due to the operation of our systems.
Withdrawing your consent to some processing may result in a reduction in the
scope of services available to You;
4.3.3.
even if You
withdraw your consent, We may keep a record of when consent was given and
withdrawn in order to demonstrate our compliance with the data protection rules
where necessary.
4.4. You have the right to amend and update the
information we hold about You. In some cases, it is necessary for us to have
accurate up-to-date information relating to You and We may ask You to confirm
that the information we hold about You is correct.
5. NEWS
AND DIRECT MARKETING
5.1.
We may send
information about our activities, services (direct marketing communications) to
your email address and / or telephone number, call You if you have given us
your consent to receive such information from us or if You or an organization
you represent is a client of ours. We may also ask you to help us assess the
quality of our performance and service.
5.2.
To provide
you with bespoke newsletters, We may personalize direct marketing
communications using information about your use of our services. The personalization solutions We use are
only intended to improve your experience and if You do not agree on receiving our newsletters, You will not lose your right to
use our services and You will receive the same quality of service.
5.3.
Your
contact details may be passed on to our partners / data processors who provide
us with newsletters or quality assessment services.
5.4.
If You no
longer wish to receive direct marketing, You can cancel them in the manner
specified in the electronic communications (for example, by clicking on the
“unsubscribe” link in the newsletter, etc.) or by sending us a notification by
email to info@tradercars.eu.
5.5.
If You
withdraw your consent, We will endeavour to stop sending You newsletters
immediately, but this may take some time. As our news campaigns are planned in
advance, You may still receive our newsletters one more time even after
withdrawing your consent.
5.6.
Withdrawal
of consent does not automatically oblige us to destroy your Personal Data or to
provide You with information about our processing of your Personal Data, and
You should make a separate request for these actions.
6.
SOCIAL ACCOUNTS
6.1. We post information about our activities,
services offered, changes to services, and other news on our Social Accounts.
6.2. It is important to remember that users of Social
Accounts are subject not only to this Privacy Policy, but also to the privacy
policies, rules and terms of use of the operators of the social networks on
which the Social Accounts are located. When You interact with us on the Social
Accounts and provide certain information (for example, by messaging us and
commenting on our posts), We may see public information about your profile
(name, image, email, etc.) depending on the privacy settings you have chosen.
This information (for example, a comment you have made) may also be visible to
other visitors to a particular Social Account, depending on the privacy
settings You have chosen.
7.
HOW DO WE USE YOUR PERSONAL DATA AND WHAT
PRINCIPLES DO WE FOLLOW?
7.1. We respect Your privacy and only collect as well
as process Personal Data that is necessary to achieve our stated purposes for
processing Personal Data.
7.2. In processing your Personal Data, we will:
7.2.1.
comply with
the requirements of applicable and valid legislation, including the GDPR;
7.2.2.
process
your Personal Data in a lawful, fair and transparent manner;
7.2.3.
We collect
your Personal Data for specified, clearly defined and legitimate purposes and
We do not process it in a way that is incompatible with those purposes, except
to the extent permitted by law;
7.2.4.
We take all
reasonable steps to ensure that Personal Data which is not accurate or complete
in relation to the purposes for which it is processed is promptly rectified,
supplemented, its processing is suspended, or it is destroyed;
7.2.5.
We keep
them in a form which permits your identification for no longer than is
necessary for the purposes for which the Personal Data is processed;
7.2.6.
We do not
provide Personal Data to third parties and will not disclose it other than as
set out in the Privacy Policy or applicable law;
7.2.7.
We ensure
that your Personal Data is processed securely, by ensuring technical and organizational
security measures, and by limiting access to your Personal Data to those of our
employees who need such access for the purposes of their job functions.
8.
TO WHOM AND WHEN DO WE TRANSFER YOUR PERSONAL
DATA?
8.1.
We may
transfer your Personal Data to processors or recipients who assist us in the performance
of our activities:
8.1.1.
marketing
and advertising service providers;
8.1.2.
providers
of financial accounting and financial transaction services;
8.1.3.
IT solution
providers;
8.1.4.
cloud and
hosting service providers;
8.1.5.
payment
administration service providers.
8.2.
To enable
us to publish content on Social Accounts, We provide data to the following
social networking platform operators:
8.2.1.
LinkedIn Ireland Unlimited
Company (Ireland) and LinkedIn Corporation (USA) (data transferred in
accordance with the EU Standard Contractual Clauses approved by the European
Commission);
Given that Tradercars
does not administer LinkedIn, but only its own account on LinkedIn, You are
invited to read the information about the storage of your personal data in the
privacy documents of LinkedIn.
8.3.
We may provide data to law
enforcement and pre-trial investigation authorities, courts and other dispute
resolution authorities, other persons performing functions assigned by law, in
accordance with the procedure provided by the legislation of the Republic of
Lithuania. We provide these entities with information that is required by law
or specified by the entities themselves.
8.4.
We may also transfer data, if necessary, to companies that would buy or acquire our
business or engage in joint activities or other forms of cooperation with us,
as well as to companies established by us.
8.5. We generally process Personal Data within the EU
/ EEA, but in some cases your Personal Data may be transferred outside the EU /
EEA. The transfer of your Personal Data outside the EU / EEA is based on:
8.5.1.
a data processing or supply agreement
that describes such transfer and includes Standard Contractual Clauses for
international transfers; or
8.5.2.
an adequacy
decision adopted by the European Commission, which means that the European
Commission has recognized the country in which the third party is established
and / or carries on business as providing an adequate level of protection of
personal data; or
8.5.3.
a specific
authorization by the data protection supervisory authority to carry out such
transfer; or
8.5.4.
your
consent to the transfer of your Personal Data outside the EU / EEA.
9.
WHAT RIGHTS DO YOU HAVE?
9.1. As a data subject, You have the following rights
in relation to your Personal Data:
9.1.1.
to have
access to your Personal Data, i.e., to receive a notice confirming whether We
are processing your Personal Data and, if We are, to request access to the data
processed and the information relating to it;
9.1.2.
to ask us
to correct inaccurate or incorrect information We use or to supplement
information where it is incomplete;
9.1.3.
to ask us
to erase information We hold about You where there is a basis for erasure (an
exception to this right is provided for in point 9.4.);
9.1.4.
to request
us to restrict the processing of the information We hold about You where You
contest the accuracy of the data or object to the processing of the data, You
object to the erasure of your data which is unlawfully processed, or You need
the data in order to assert, exercise, or defend legal claims;
9.1.5.
to object
to the use of your data where We process your data for our and / or third parties legitimate
interests;
9.1.6.
to request
us to transfer / receive data that You have provided to us under a contract or
consent and that We process by automated means in a commonly used electronic
format;
9.1.7.
to object
to the application to You of a fully automated decision, including profiling,
where such a decision may have legal consequences or a similar significant
effect on You;
9.1.8.
to withdraw
the consents, You have given us to use information about You where We are using
the data on the basis of your consent;
9.1.9.
lodge a
complaint with the relevant data protection supervisory authority.
9.2.
If You wish
to exercise any of your rights set out above, You may contact us by email at info@tradercars.eu. In order to better understand your request, We may ask
you to fill in the relevant request form, ask You to provide a request signed
with an advanced or qualified electronic signature, send the request by post or
visit us.
9.3. For security reasons, in some cases We will only
be able to process your request after verifying your identity. We may therefore
ask you to prove your identity, for example by providing an identity document
or other information.
9.4. You can exercise some of your rights as a data
subject by changing your account settings on the Platform or deleting your
account yourself. By changing your settings or deleting your account, You may
lose some or all of the information contained in your account. This right cannot
be exercised when You are participating in the auction as the seller or the
buyer.
9.5. We reserve the right to suspend or cancel your
account privileges and the ability to use the Platform under certain
circumstances. If you are not active on the Platform, meaning there are no
vehicles listed in an ongoing auction or you haven't placed a bid as a buyer,
we may suspend or cancel your account. Additionally, if your vehicle is listed
in an ongoing auction or you have submitted a bid, we reserve the right to
suspend or cancel your account in the event of a material breach of the Terms
and Conditions or applicable laws by you. In such cases, ongoing auctions of
your vehicles will be suspended, and any bids placed will be annulled.
9.6. We may refuse to exercise your rights other than
to object to the processing of your Personal Data where it is processed on the
basis of consent, including consent for direct marketing, where We are not
permitted to comply with your request under the GDPR.
9.7. We do not normally charge any fee for exercising
your rights. However, the law allows us to charge a reasonable fee or to refuse
to comply with your request if it is manifestly unfounded or excessive.
9.8. Upon receipt of your request or instruction
regarding the processing of your Personal Data, We will provide You with a
response within no later than 1 month from the date of the request and will
carry out the actions specified in the request or inform You why We refuse to
do so. If necessary, the time limit may be extended by a further 2 months,
depending on the complexity and number of requests. In this case, We will
inform You of the extension within 1 month of receipt of the request.
9.9. If Personal Data is erased at your request, We
may retain copies of the information as necessary to protect our legitimate
interests and those of others, to comply with obligations of public
authorities, to resolve disputes, to identify disturbances or to comply with
agreements.
10. HOW DO
WE PROTECT YOUR PERSONAL DATA?
10.1. Your Personal Data is processed responsibly and securely and is
protected against loss, unauthorized use and alteration. We have put in place
physical and technical measures to protect the information we collect from
accidental or unlawful destruction, damage, alteration, loss, disclosure or any
other unauthorized processing. The security measures for Personal Data shall be
determined taking into account the risks involved in the processing of Personal
Data.
10.2. Our employees are under a written obligation not to disclose or
distribute your Personal Data to any unauthorized third party.
11. HOW DO
WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
11.1. A cookie is a small text file that is stored in the browser or on
your device (computer, tablet, mobile phone). In this Privacy Policy, we use
the term “cookies” to refer to cookies and other similar technologies such as
Pixel Tags, Web Beacons and Clear GIFs.
11.2. Cookies may be used to analyse information flows and user behaviour,
to promote trust, to ensure security and the proper functioning of the
Platform, to remember preferences, to personalise the content displayed, and to
link the Platform to Social Accounts.
11.3. We may use mandatory cookies that are necessary for the operation of
the Platform, analytical cookies that analyse the use of the Platform,
functional cookies that remember users' preferences, ensure the smooth and
secure operation of the Platform and help to improve the functionality of the
Platform, performance cookies, third party cookies, advertising cookies that
are designed to show you both personalised and generic advertisements.
11.4. Cookies used on our Platform:
Cookie name |
Description
|
Creation moment
|
Period of validity
|
Data used |
|
|
|
|
|
11.5. We also use technological tools and solutions that record cookies
and collect data:
Name of the tool |
Purpose of the tool |
Google Analytics
|
Generate
statistics on the use of the Platform, aiming to reduce the frequency of
requests. The collected data is transmitted to the USA. You can prevent
Google Analytics from working by adjusting your browser settings or
installing a browser plug-in. More information: https://tools.google.com/dlpage/gaoptout?hl=en. |
Google Tag
Manager |
Analyse the
popularity of the Platform. The data collected is transmitted to the USA.
More information: https://support.google.com/tagmanager/answer/9323295?hl=en. |
11.6. Some third parties,
such as social network operators, may use their own anonymous cookies to tailor
the apps or applications they create to your needs. We do not control the use
of these cookies. We recommend that you check the privacy policy of the third
party for more detailed information.
11.7.
On the Platform, you can manage cookies (by ticking the options in the
cookie bar) or change the settings of the browser you use. You can refuse the
use of optional cookies, but this may result in some of the Platform's
functionality not working and may slow down its performance. To manage cookies
on your mobile device, you must follow the official instructions for that
device. For more detailed information on managing cookies, please visit http://www.AllAboutCookies.org or https://www.google.com/privacy_ads.html, as well as the help page of the browser you
are using. You can manage the use of advertising cookies on the Network
Advertising page at http://www.networkadvertising.org/managing/opt_out.asp.
12. CONTACT
US
12.1. If you have any questions, comments or
complaints about how We collect, use and store information about You, or if You
wish to exercise your rights as a data subject, You may contact us at info@tradercars.eu.
12.2.
If you
believe that the processing of Your personal data infringes the GDPR
provisions, You have the right to lodge a complaint with the supervisory
authority of the EU Member State in which you have your habitual residence,
place of work or the place where the alleged infringement took place.
The supervisory authority in Lithuania is the State Data
Protection Inspectorate, address L. Sapiegos str. 17, LT-10312 Vilnius,
Lithuania, email: ada@ada.lt, website: https://vdai.lrv.lt/.
13. FINAL
PROVISIONS
13.1. If we change this Privacy Policy, we will notify
you by posting the updated Privacy Policy on the Platform or by other customary
means of communication.
The date of the last update: 2024 04 18.