Dynamis' Privacy Policy
Introduction
Welcome to the PropertySales.com privacy notice.
PropertySales.com is published by Dynamis. We respect your privacy and we are committed to protecting your personal data. This privacy notice will tell you about how we look after your personal data when you visit any Dynamis website, including FranchiseSales.com, BusinessesForSale.com, PropertySales.com and FranchiseAVendre.fr and any other websites owned and operated by Dynamis (hereinafter collectively "Websites") (regardless of where you visit it from). It will also tell you about your privacy rights and how the law protects you.
Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important Information and Who We Are
Purpose of this privacy notice
In this privacy notice, Data Protection Legislation means up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the General Data Protection Regulation ( (EU) 2016/679) is no longer directly applicable in the UK, the General Data Protection Regulation and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the General Data Protection Regulation or the Data Protection Act 1998.
This privacy notice aims to give you information on how Dynamis collects and processes your personal data through your use of the Websites, including any data you may provide through the Websites when you sign up to buy or sell a business, franchise or commercial property, receive information in respect of potential buyers or sellers, or receive any other services provided by Dynamis.
This Website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing 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 data. This privacy notice supplements the other notices and is not intended to override them.
Controller
“Dynamis” includes Dynamis Ltd and Dynamis APAC Pty Ltd. For more information about these companies please see our Terms and Conditions.
This privacy notice is issued on behalf of Dynamis. Where you provide personal data to Dynamis, Dynamis is the Data Controller and responsible for your personal data (collectively referred to as “Dynamis”, "we", "us" or "our" in this privacy notice).
In cases where we receive your and your clients’ personal and business data, we are the Data Processor.
In the cases where we share your personal data with business, franchise, commercial property and other advertisers (i.e. when you fill out a form on our website), we act as the joint Data Controller.
Personal Data, Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation. Please see the Glossary for more information.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details
For the purposes of any privacy-related enquiries, regardless of your location, please contact our data privacy manager: dataprotection(at)dynamis.co.uk
You can also write to us at: Dynamis Limited, Dynamis House, 6-8 Sycamore Street, London, EC1Y 0SW.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority 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 notice and your duty to inform us of changes
This version was last updated on 23 May 2018 and historic versions can be obtained by contacting us.
The data protection law in the UK will change on 25 May 2018. Although this privacy notice sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.
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 Website, we encourage you to read the privacy notice of every website you visit.
2.The Data We Collect About You
Personal data, or personal information, means any information about an individual from which that person 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 as follows:
- Identity Data includes first name, last name, username or similar identifier and title.
- Contact Data includes postal address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, email tracking, 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 Websites.
- Profile Data includes your username and password, your interests, location, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Websites, and services.
- Marketing and Communications Data includes your preferences in receiving marketing communications from us and our third parties / partners.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 notice.
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
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.
3. How Is Your Personal Data Collected?
We use different methods to collect data from and about you through:
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Direct interactions.
You may give us your Identity, Contact, Financial and Profile Data by
filling in forms or by corresponding with us by post, phone, email or
otherwise. This includes personal data you provide when you:
- apply for our services;
- enquire on a business, franchise or commercial property or related service being advertised on our Websites;
- create an account on one of our Websites;
- advertise a business, franchise opportunity, commercial property or related service for sale on our Websites,
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our Websites, we may automatically collect Technical Data about your equipment, email open rate, click rate, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details or Review Consent Preferences
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Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
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Technical Data from the following parties:
- (a) advertising networks, and
- (b) analytics providers.
This includes Hotjar - a technology service that helps us better understand the way you use our website so we can make it better. Hotjar uses cookies and other technologies to collect data on your behaviour and their devices – captured and stored only in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link. You can opt-out of the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from publicly availably sources.
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Technical Data from the following parties:
4. 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 perform the contract we are about to enter into or have entered into with you.
- 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.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending you marketing communications via email. You have the right to withdraw consent to marketing at any time by unsubscribing from our emails, updating your preferences in your account area (if you have one) or by contacting our customer services team or your account manager (if you have one).
Purposes for which we will use your personal data
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.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To send your enquiry on to a business seller, business broker, franchise, commercial property agent or other intermediary using our Websites to advertise their services |
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| To register you as a new customer |
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| To advertise your business, set of businesses that you have been authorised to represent, franchise or commercial property for sale on the Websites and make them available to potential buyers, sellers, and business partners |
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| To notify you of business opportunities that may be of interest to you |
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To process and deliver our services including:
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To manage our relationship with you which will include:
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| To enable you to partake in a prize draw, competition or complete a survey |
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| To administer and protect our business and the Websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
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| To deliver relevant content on the Websites and advertisements to you and measure or understand the effectiveness of the services we provide to you |
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| To use data analytics to improve our Websites, services, marketing, customer relationships and experiences |
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| To make suggestions and recommendations to you about services that may be of interest to you |
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| To market our advertising products and services to you to win your business |
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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 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.
5. Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
You will receive marketing communications from us if you have provided your express consent, requested information from us or purchased services from us and, in each case, you have not withdrawn your consent for receiving that marketing.
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 services and offers may be relevant for you.
Third-party marketing
We will not share your personal data with any company outside Dynamis unless you have given us your express opt-in consent. This is not something we currently do or plan to do in the future.
We do however offer third party marketing services, which means from time to time we may email you about products, services or investment opportunities we feel may be of interest to you. We only do this if you have given us your explicit opt-in consent and you can withdraw this consent at any time.
Opting out
You can ask us to stop sending you marketing messages at any time by unsubscribing from any of our emails, changing your email preferences in your account (if you have one) or by contacting our customer services team.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us in relation to your use of our services or other transactions.
This will also not apply to emails about your account or directly related to your use of the Websites, for example billing comms and receipts, service updates and account notifications.
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 the Websites may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.
6. Disclosures Of Your Personal Data
If you make an enquiry on a business, franchise or commercial property listed on our Websites, or if you use a contact form on our site to contact another type of intermediary, we will share the personal details you have provided with the intended recipient. We will not share it with anyone else unless you ask us to do so.
We may also have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
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External third parties:
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- 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 notice. We will notify you as soon as we are able to if we are sharing your data in this way.
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.
7. International Transfers
We share your personal data within Dynamis and this will involve transferring your data outside the UK and European Economic Area (EEA).
As part of the delivery of the services we may also make your data available to sellers and advertisers who are located outside of the EEA, where you have asked us to do so.
8. 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 also 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.
9. Data Retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
10. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
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 (see below), 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: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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.
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 may 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 may 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.
11. 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 contact us as set out above.
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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
CONTROLLER DEFINITION
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
PROCESSOR DEFINITION
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.