PRIVACY POLICY

NGA International Limited (hereafter the “Company” or “We”) operates the following Websites: astepro.it, auctionspro.gi, auctionspro.uk, donbid.cat, donbid.com, donbid.es, donbid.fr, donbid.it, donbid.net, donbid.nl, donbid.org, donbid.pt, donbid.uk, encherespro.com, encherespro.fr, estudioproyecto.com, estudioproyecto.es, leiloespro.com, leiloespro.pt, lotenpro.com, lotenpro.nl, ngaholding.com ngainternational.com, subastaspro.com, subastaspro.es, subastespro.cat, subastespro.com, subastespro.es, subhastespro.cat, subhastespro.com, subhastespro.es (the “Websites”). The Company also operates under the following brands: astepro, auctionspro, encherespro, leiloespro, lotenpro, subastaspro, subhastespro.

We are registered in Gibraltar under company number 113751 and have our registered office at Suite 4, 4 Giro’s Passage, Gibraltar, GX11 1AA. We are a private company limited by shares.

To contact us, please email info@ngainternational.com or telephone our customer service line on +350 225 02120 or +442 036 954 091.

The Company respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our Websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This policy is provided for your attention, so please ensure you are familiar with its contents.

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how the Company collects and processes your personal data through your use of our Websites.

These Websites are not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 data. This privacy policy supplements other notices and privacy policies and is not intended to override them. This policy also applies if explicit reference is made to it via a link or in a similar manner e.g. on websites of partners.

The use of the Websites by the user are full and unreserved acceptance of the provisions included in this policy.

CONTROLLER

The Company is responsible for the collection and processing of your personal data in connection with your use of the Websites. The Company is therefore the controller and responsible for your personal data.

You have the right to make a complaint at any time to the Commissioner, for data protection issues (https://gra.gi/). We would, however, appreciate the chance to deal with your concerns before you approach the Commissioner so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review. We will at our discretion make any amendments or changes to this policy at any time. Changes may be made due to changes in legislation. If the changes or amendments are material or significant changes, we will communicate these changes to users either via the Websites or via email to registered users.

This version was last updated on 2020-05-27.

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 Websites 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 Websites, we encourage you to read the privacy policy of every website you visit.

  1. THE DATA WE COLLECT ABOUT YOU

Personal data or personal information, means any information about an individual or company from which that person or company can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together. This data is collected when you make enquiries on the website, when you activate your account, and your use of the website. The personal data includes the following:

  • Identity Data includes, if a private customer; the first name, last name and date of birth of the user, alongside a copy of the user’s passport. If the customer is a company, the company name, company number and the company’s website url.
  • Contact Data includes billing address, delivery address and registered address, email address and the contact numbers for the users (mobile and/or landline).
  • Financial Data includes your tax identification number (DNI, NIF, NIE), your bank details and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Marketing and Communications Data includes your preferences in receiving marketing from us such as through our newsletter and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

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.

IF YOU FAIL TO PROVIDE PERSONAL DATA

You are able to limit the personal data we collect from you, if you refuse to accept the general conditions of the website when registering your account with us. 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 with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  1. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • make enquiries via our Websites, using the ‘contact us’ feature;
  • create an account on our Websites by completing the registration form and accepting the terms and conditions;
  • apply for our products or services;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

(a) analytics providers;

(b) advertising networks; and

(c) search information providers.

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly available sources.
  1. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to prepare commercial documentation necessary to perform the contract, we are about to enter into or have entered into with you;
  • Where we need to prepare the corresponding invoice for the transaction;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data, although we will get your consent before sending third party direct marketing communications to you via email, or messages. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We process your personal data for various purposes and pursuant to various legal bases. We process your data primarily to provide and improve our services, to provide you with a personalized user experience on the Websites, to contact you about your account and our services, to provide customer service, to provide you with personalised advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

 

Type of data

 

Lawful basis for processing including basis of legitimate interest

 

To register you as a new customer

 

(a) Identity

(b) Contact

Performance of a contract with you

 

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

 

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

 

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

 

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

 

To administer and protect our business and the Websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

 

(a) Identity

(b) Contact

(c) Technical

 

(a) 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

 

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

 

To use data analytics to improve our Websites, products/services, marketing, customer relationships and experiences

 

(a) Technical

(b) Usage

 

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Websites updated and relevant, to develop our business and to inform our marketing strategy)

 

To make suggestions and recommendations to you about goods or services that may be of interest to you

 

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

 

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from the Websites and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Websites and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you (where applicable) and/or by contacting us.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product/service experience or other transactions.

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 these websites may become inaccessible, unresponsive or not function properly. For more information about the cookies we use, please see [Cookies policy].

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • Internal Third Parties.
  • external third p
  • Specific Third P
  • 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. 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.

  1. INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).

We ensure your personal data is protected by requiring that we, our agents, and third parties follow the same or similar rules when processing your personal data.

Some external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
  • Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  1. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place 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.

  1. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting 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.

To determine the appropriate retention period for personal data, we consider 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 the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for no longer than is necessary. In some circumstances you can ask us to delete your data and, 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. The data will be deleted after the relevant limitation or retention periods have expired.

  1. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:

  • Subject access;
  • To have inaccuracies corrected;
  • To have information erased;
  • To object your personal data to direct marketing;
  • To restrict the processing of their information, including automated decision making; and
  • Data portability.

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

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.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

OTHER IMPORTANT INFORMATION REGARIDNG DATA PROTECTION

What happens when you share your personal data on our Websites or applications?

Other users have access to the information you share on our Websites or disclose to other users. For example, the other users are able to see your bids, purchases, items for sale, saved interests, sellers and searches, shopfronts, feedback, ratings, product reviews and associated comments. Other users may see any information you chose to share in your profile.

When you use our Websites, your public user ID may be displayed and available to the public and associated with all of your activity. Notices sent to other users about suspicious activity and notice violations on our Websites may refer to your public user ID and specific items. Accordingly, if you use a username that allows others to identify you, these others may be able to identify your activities.

To help protect your personal data, we allow only limited access to other users’ contact, postage and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other’s name, user ID, email address and other contact and postage information.

Your responsibilities over transactional information

When you complete a transaction with another user (or a transaction has been cancelled, failed or subsequently invalidated), we will provide you with the other user’s personal data (such as name, username, email address, contact information, postage and billing information). Independent from us, you are the controller of such data and responsible for any processing.

Unless you act for purely personal purposes, we recommend that you explain your data processing activities in your own privacy notice and protect the privacy of other users. As a seller, you must in any case comply with the applicable data protection laws and in particular protect the rights of other users as data subjects, e.g. give them the opportunity to access the personal data collected by you and demand that it be erased.

You may use the personal data that you have access to only for transaction-related purposes, or for other services offered through our Websites (such as postage, fraud complaints, and member-to-member communications), and for purposes expressly consented by the user to whom the data relates. Using personal data of other users that you have access to for any other purpose constitutes a violation of our Policy.

Personal data relating to third parties

If you provide us with personal data relating to another person, you must obtain the consent of this person or the disclosure of the data to us must be otherwise legally permissible. You must inform the other person of how we process personal data in accordance with our Policy.

Filtering of messages sent via our messaging tools

We filter the messages sent via our messaging tools automatically according to certain criteria and check conspicuous messages manually if necessary. The messages are first received by us and then forwarded to the recipient. All messages are automatically filtered according to certain criteria. If necessary, conspicuous messages are checked manually by our customer service. In the event of a violation, we reserve the right to block the transmission of the message and to restrict the purchase and sales functions of your account or to block your account. This is to protect legitimate interests such as protecting against fraudulent or suspicious activities (e.g. spam, viruses, phishing or other illegal activities) or enforcing our policies.

Are you obliged to provide your personal data to us?

Some of the personal data that you provide to us (e.g. data by which we can identify you) are required to use our site. The provision of any other personal data is voluntary, but may be necessary for the use of our sservices, such as bidding, purchase and sales data to complete a transaction.

Staying signed in

When you sign in to your account on our Websites, we give you the option to stay signed in to your account for a certain amount of time. If you are using a public or shared computer, we encourage you not to choose to stay signed in. You or any other user of the computer/browser you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorisation. The specific actions and account activities that you or any other user of this computer/browser may take include:

  • bid, buy or make an offer on an item;
  • check out or add items to your cart;
  • purchase an item with PayPal using Faster Checkout (if enabled in your account);
  • view the activity header;
  • view the My Account page;
  • view or edit the Watch List or order details;
  • view the profile page;
  • send member-to-member messages; and
  • conduct after-sale activities, such as leaving Feedback, cancelling orders, requesting returns or submitting claims

If you attempt to change your password, User ID, update any other account information or attempt other account activity beyond those listed above, you may be required to enter your password.

You can typically end your signed-in session by either signing out and/or clearing your cookies. If you have certain browser privacy settings enabled, simply closing your browser may also end your signed-in session. If you are using a public or shared computer, you should sign out and/or clear your cookies when you are done using our Services to protect your account and your personal data.

  1. GLOSSARY

LAWFUL BASIS

Legitimate Interest 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. 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.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy;
  • Where our use of the data is unlawful but you do not want us to erase it;
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; and
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.