Privacy Policy Page

Introduction

Welcome to the OnBuy Privacy Policy.

OnBuy respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how OnBuy looks after your personal data when you visit the OnBuy Marketplace (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. Purpose of this privacy policy

This privacy policy sets out how OnBuy collects and processes personal data of those accessing the OnBuy Marketplace, including any data that is provided through the OnBuy Marketplace purchases are made through the guest and account set up options.

Please note that the OnBuy Marketplace is not intended for persons under the age of 18 years old. OnBuy does not knowingly collect data relating to children.

2. Controllers

OnBuy Limited ("OnBuy") is the controller and responsible for the personal data of users (hereafter referred to as "you/your") of the OnBuy Marketplace.

If you purchase a product via the OnBuy Marketplace, OnBuy and the third-party independent seller shall separately control your personal data. OnBuy will let you know which entity will be the controller for your data when you purchase a product via OnBuy.

OnBuy has appointed a data protection officer (DPO) 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 legal rights in relation to this policy, please contact OnBuy using the details set out below.

3. Contact details

If you have any questions about this privacy policy or our privacy practices the quickest way to contact OnBuy is via our support page.

Alternatively, you may contact our DPO at:

OnBuy Ltd
OnBuy House
12-14 Dean Park Crescent
Bournemouth
BH1 1HL

UK based users have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues Contact us | ICO.

EU based users may raise complaints with their National Data Protection Authority Our Members | European Data Protection Board (europa.eu)

You may also or in the alternative commence legal proceedings against OnBuy.

OnBuy would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact OnBuy in the first instance.

4. Changes to the privacy policy and your duty to inform OnBuy of changes

OnBuy keeps this privacy policy under regular review. This version was last updated on 23rd October 2024. Historic versions can be obtained by contacting OnBuy.

It is important that the personal data held about you is accurate and current. Please keep the OnBuy informed if your personal data changes.

5. Third-party links

The OnBuy Marketplace 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. OnBuy does not control these third-party websites and is not responsible for their privacy statements. When you leave the OnBuy Marketplace, you are encouraged to read the privacy policy of every website you visit.

6. 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).

OnBuy 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, maiden name, last name, username or similar identifier, title and date of birth.
• Contact Data includes billing address, delivery 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 products and services you have purchased from OnBuy.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use the OnBuy Marketplace, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from OnBuy and our third parties and your communication preferences.

OnBuy also collects, uses and shares 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, OnBuy may aggregate your Usage Data to calculate the percentage of users accessing specific marketplace features. However, if Aggregated Data is connected or combined with your personal data so that it can directly or indirectly identify you, the combined data will be treated as personal data and used in accordance with this privacy policy.

OnBuy does 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 data). Nor does OnBuy collect any information about criminal convictions and offences.

Where OnBuy may need to collect personal data by law, or under the terms of a contract OnBuy and/or a seller may have with you, and you fail to provide that data when requested, OnBuy or the seller may not be able to perform the contract and the sale may not proceed. In this case, OnBuy may have to cancel the transaction. In such an instance you will be notified.

7. How is your personal data collected?

Different methods are used to collect data from and about you including through:

• Direct interactions. You may give OnBuy your Identity, Contact and Financial Data by filling in forms or by corresponding with OnBuy by post, phone, email or otherwise. This includes personal data you provide when you:
  • Indicate your interest in products sold on the OnBuy Marketplace or OnBuy services;
  • create an account on the OnBuy Marketplace;
  • subscribe to OnBuy publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give feedback or make other contact with OnBuy.
• Automated technologies or interactions. As you interact with OnBuy, OnBuy will automatically collect Technical Data about your equipment, browsing actions and patterns. This data is collected by using cookies, and other similar technologies. OnBuy may also receive Technical Data about you if you visit other websites employing OnBuy's cookies. Please see the OnBuy cookie policy for further details.
• Third parties or publicly available sources. OnBuy may receive personal data about you from various third parties and public sources as set out below Technical Data from the following parties analytics providers, and search information providers.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as banks and payment card providers based.
• Identity and Contact Data from publicly available sources such as Companies House.

8. How your personal data is used

OnBuy will only use your personal data when the law allows this. Most commonly, your personal data will be used in the following circumstances:

• Where you have consented.
• Where OnBuy needs to perform the contract that is about to be, or has been entered into.
• 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 OnBuy needs to comply with a legal obligation.

Generally, OnBuy does not rely on consent as a legal basis for processing your personal data although OnBuy will get your consent by (soft opt-in) before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by clicking "unsubscribe" (see Marketing – opting out – below) on any marketing email or by contacting OnBuy via https://www.onbuy.com/gb/cb-contact/

Purposes for which OnBuy will use your personal data

Set out below is a description of all the ways your personal data may be processed by OnBuy and which of the legal bases are relied upon to do so. OnBuy has also identified what its legitimate interests are where appropriate.

Please note that your personal data may be processed on more than one lawful ground depending on the specific purpose for which your data is used. Please contact OnBuy via https://www.onbuy.com/gb/cb-contact/ if you need details about the specific legal basis being relied upon process your personal data where more than one ground has been set out in the table below.

Marketing

OnBuy strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can view and set your marketing preferences when you first make a purchase through your OnBuy account.

Promotional offers from OnBuy

OnBuy may use your Identity, Contact, Technical, Usage and Profile Data to form a view on which products and services may of most interest to you.

Third-party marketing

OnBuy will get your express consent before your personal data is shared with any third party for marketing purposes.

Opting out

You can request a block on marketing messages at any time by logging into your account and checking or unchecking relevant boxes to adjust your marketing preferences by following the opt-out links on any marketing message sent to you and by contacting OnBuy at any time. You are also able to close your OnBuy account at any time which will place a block on marketing, save for that marketing which has already been processed.

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 OnBuy uses, please see our cookie policy.

Change of purpose

OnBuy will only use your personal data for the purposes for which it collected it, unless it is reasonably considered that there is a 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 the OnBuy needs to use your personal data for an unrelated purpose, you will be notified and the legal basis will be explained to you.

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

9. Disclosures of your personal data

OnBuy may share your personal data with the parties set out below for the purposes set out in the table Purposes for which OnBuy will use your personal data above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom OnBuy may choose to sell, transfer or merge parts of the OnBuy's business or assets. Alternatively, OnBuy may seek to acquire other businesses or merge with them. If OnBuy becomes restructured or under a different ownership model, then the new owners may use your personal data in the same way as set out in this privacy policy.

OnBuy requires all third parties to respect the security of your personal data and to treat it in accordance with the law. OnBuy does 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 the specific instructions of OnBuy.

10. International transfers

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

Whenever OnBuy transfers your personal data out of the UK, OnBuy ensures a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• OnBuy will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where OnBuy uses certain service providers, OnBuy may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact OnBuy if you want further information on the specific mechanism used by OnBuy when transferring your personal data out of the UK.

11. Data security

OnBuy has 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, access to your personal data is limited to those employees, agents, contractors and other third parties who have a business need to know. Your personal data shall only be processed pursuant to OnBuy's instructions and all persons are subject to a duty of confidentiality.

Procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where OnBuy is legally required to do so.

12. Data retention

How long will you use my personal data for?

OnBuy shall only retain your personal data for as long as reasonably necessary to fulfil the purposes it was collected for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. OnBuy may retain your personal data for a longer period in the event of a complaint or if there is a reasonably held belief that there is a prospect of litigation in respect to OnBuy's relationship with you.

To determine the appropriate retention period for personal data, OnBuy considers 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 OnBuy process your personal data and whether those purposes can be achieved through other means. The applicable legal, regulatory, tax, accounting or other requirements are also relevant.

By law, OnBuy has to keep basic information about its customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can request that some, or all of your personal data is deleted. See your legal rights below for further information.

In some circumstances your personal data will be anonymised (so that it can no longer be associated with you) for research or statistical purposes, in which case, this information can be held indefinitely without further notice to you.

13. Your legal rights

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

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please make your request by contacting OnBuy. For more details about your individual rights, please see the Glossary and/or A guide to individual rights | ICO

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, a reasonable fee may be charged if your request is clearly unfounded, repetitive or excessive. Alternatively, your request may be refused in these circumstances.

What OnBuy may need from you

OnBuy may need to request specific information from you to help it 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. OnBuy may also contact you to ask you for further information in relation to your request to speed up the processing of your response.

Time limit to respond

OnBuy tries to respond to all legitimate requests within one month. Occasionally it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, you will notified and updated.

14. Glossary

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing OnBuy business to enable delivery of the best service and most secure experience. OnBuy considers and balances any potential impact on you (both positive and negative) and your rights before processing your personal data for their legitimate interests. OnBuy does not use your personal data for activities where their interests are overridden by the impact on you (unless OnBuy has your consent or are otherwise required or permitted to by law). You can obtain further information about how OnBuy assesses legitimate interests against any potential impact on you in respect of specific activities by submitting a request via https://www.onbuy.com/gb/cb-contact/.

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 OnBuy is subject to.

Third parties

Internal Third Parties

Other companies wholly owned by OnBuy Limited acting as joint controllers or processors and who are based in Europe or the United States of America and provide IT and system administration services and undertake leadership reporting.

External Third Parties

• Service providers acting as processors based 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.

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 OnBuy holds about you and to check that OnBuy is lawfully processing it.

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

Request erasure of your personal data. This enables you to ask OnBuy to delete or remove personal data where there is no good reason for OnBuy continuing to process it. You also have the right to ask OnBuy to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where OnBuy may have processed your information unlawfully or where OnBuy is required to erase your personal data to comply with local law. Note, however, that OnBuy 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 OnBuy is 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 OnBuy is processing your personal data for direct marketing purposes. In some cases, OnBuy may demonstrate that OnBuy has 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 OnBuy to suspend the processing of your personal data in the following scenarios:

• If you want OnBuy 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 OnBuy to hold the data even if OnBuy is no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data, but OnBuy needs to verify whether it has overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. OnBuy 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 OnBuy to use or where OnBuy used the information to perform a contract with you.

Withdraw consent at any time where OnBuy is 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, OnBuy may not be able to provide certain products or services to you. OnBuy will advise you if this is the case at the time you withdraw your consent.