Privacy Policy

This Privacy Policy was last updated on 10^th April 2024.

ABOUT US

We Swap is an online vehicle marketplace platform accessible via our website www.we-swap.com or mobile application (“Platform”).

Our Platform is operated and managed by  Swap Any Car Ltd, trading as We Swap. We are a company incorporated in England and Wales (company number 14413684). Our registered office address is Unit 2, 99 – 101 Kingsland Road, Hoxton, London, England, E2 8AG) (“We Swap”, “we”, “us”, “our”).

For the purpose of the UK Data Protection Act 2018, we are the Controller of your Personal Data.

PURPOSE OF THIS PRIVACY POLICY

We are committed to protecting and respecting your privacy. This Privacy Policy explains what Personal Data we collect, how we use it and who you can contact in case of any questions.

Terms which appear in bold link through to either specific sections in this Privacy Policy or other Policies on our Platform which you can access by clicking on them.

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).

Please read through this Privacy Policy carefully so that you are fully aware of how and why we use your Personal Data.

Our Platform is 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 Policies 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.

WHAT INFORMATION WE COLLECT

We may receive the following Personal Data from you directly:

• Contact Data, including your name, email address, phone number, date of birth and gender.
• Profile Data, including your username and password, purchases made by you, your interests, preferences, feedback.
• Usage Data, including information about how you use our Platform and services;
• Communications Data, including information you submit when using our chat function or when contacting or corresponding with us.

We may receive the following Personal Data about you from various Third Parties as set out below:

• HPI data, including full vehicle history, ownership details and MOT history. We receive this data from providers, such as Experian.
• Any Personal Data you provide through our social media channels (e.g., your name and photos in Facebook comments).
• Technical Data, including internet protocol (IP) address, your login data, browser type and version, time sone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Platform.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose, including for commercial purposes. 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 data to calculate the percentage of users accessing a specific feature on our Platform, or we may use data collected from your use of our Platform to better understand user interests and preferences, such as preferred type of vehicle or price banding within a certain location, age range or according to gender. We may share Aggregated Data with Sellers who use our Platform, our commercial partners or other third parties.

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 require you to provide us with any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual origination, political opinions, trade union membership, information about your health, genetic biometric data, and criminal convictions). If you choose to provide us with any special categories of data, you give us your consent to process it and we rely on consent as a legal basis for processing such data.

HOW WE USE YOUR PERSONAL DATA

We will use your Personal Data for the following purposes and legal bases:

Performance of a contract

• To enable you to access our Platform and use our services.
• To create an account for you when you sign up to use our Platform.
• To communicate with you and manage our relationship with you regarding your use of our Platform or services you request from us.
• To deal with any enquiries or requests you make of us.

Our legitimate interests

• To send you important service updates regarding our Platform, our services and our terms of service (including this Privacy Policy).
• To confirm your identity and authenticate the information you provide for security purposes.
• For our own reporting and analytical purposes to enable us to improve our Platform, our services, and our user relationships and experiences.
• For our own record-keeping and general administrative purposes regarding our handling of your Personal Data and other operational activities.
• To provide you with our customer support and resolve any complaints.
• To administer and protect our business and our Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
• To improve our Platform to ensure that content is presented in the most effective manner for you and for your device(s).
• To effectively handle any legal claims or regulatory enforcement actions taken against us or take appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to us.
• To assist with our internal training purposes.

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).

To comply with our legal obligations

• To comply with our legal and regulatory obligations (including under applicable data protection laws).
• For preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies.
• To fulfil our duties to our members, colleagues and other stakeholders.

Consent

Generally, we do not rely on consent as a legal basis for processing your Personal Data other than in relation to any Special Category Data you may provide us. We will request your consent before sending Third Party direct marketing communications to you via email or text message. You have the right to withdraw your consent at any time by contacting us.

MARKETING

We may use your 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 (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us 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 following the opt-out links on any marketing message sent to you or by contacting us at any time.

WHO WE SHARE YOUR PERSONAL DATA WITH

We may disclose your Personal Data to the following third parties:

• Analytics and search engine providers that assist us in the improvement and optimisation of our Platform.
• Our Third-Party providers of operational and business services, who are authorised to process your Personal Data on our behalf and pursuant to our instructions as necessary to run our business and provide you with the services you request from us, including our IT, security and accounting providers.
• Third Party service providers, such as insurance and logistics companies, that you ask us to share your Contact Data with for the provision of relevant services or products.
• Other Buyers or Sellers on our Platform, to facilitate transactions on our Platform or in the event of a complaint or dispute where we may disclose your contact details.
• 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.
• Any Third Parties with whom we are required to share your Personal Data in order to comply with our legal obligations, to enforce our terms and conditions and policies, or to protect the rights, property, or safety of our Platform, our users, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection, professional advice and security.

YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data.

You can request to:

• Access a copy of the Personal Data we hold about you.
• Rectify any incorrect or incomplete data we hold about you. It is both in our interest and yours that any Personal Data we hold about you is accurate, complete and current. If the data we hold about you is inaccurate in any way, please contact us to have your Personal Data corrected.
• Delete, restrict or remove the data we hold about you. 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.
• Transfer your Personal Data that we hold to you or to a Third
• Object to any further processing of your data, if we are processing your Personal Data on the basis of our legitimate interests, or for direct marketing. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Withdraw your consent to any processing where consent is a legal basis on which we rely to process your data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

If you wish to exercise any of the rights set out above, please Contact Us using the details below.

We will endeavour to respond to your requests within one month and free of charge. Please note that in respect of all these rights, we reserve the right to:

• Refuse your request based on the exemptions set out in the applicable data protection laws.
• Request proof of your ID to process the request or request further information.
• Charge you a reasonable administrative fee for any repetitive, manifestly unfounded or excessive requests.
• Request more time to respond to you if your request if particularly complex of you have made a number of requests.

If we refuse your request to exercise these rights, we will give reasons for our refusal and allow you to challenge our decision. If we have shared your Personal Data with others, we will tell them about your request to rectify, erase, restrict or object to the processing where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.

If you have any concerns about how we handle your data, please Contact Us. If you are not satisfied after we’ve tried to resolve your issue, you have the right to lodge a complaint with the UK Information Commissioner’s Office (ICO).  

WHERE WE SHARE YOUR PERSONAL DATA

Some of our external service providers are based outside the UK so their processing of your Personal Data will involve a transfer of data outside the UK.

Whenever we transfer your Personal Data out of the UK, 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.
• Where we use certain service providers, we may use specific contracts approved by the UK which give Personal Data the same protection it has in the UK.
• Where we use certain service providers located in the US who are certified under the EU-US Data Privacy Framework (Data Privacy Framework), we may rely on that Data Privacy Framework or the UK’s data bridge for the UK extension to the Data Privacy Framework.

Please Contact Us if you want further information on the specific mechanism used by us when transferring your Personal Data outside of the UK.

HOW WE KEEP YOUR PERSONAL DATA SECURE

Online Privacy and Security is the most important aspect of any customer service, and we take it extremely seriously. We use a variety of the latest technologies and procedures to protect your Personal Data from unauthorised access, destruction, use or disclosure.

We restrict access to your Personal Data to those Employees, and Third Parties, who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to protect your Personal Data. In the event of any actual or suspected Personal Data breach we will notify you and any applicable regulator where we are legally required to do so.

HOW LONG WE KEEP YOUR PERSONAL DATA FOR

We keep your data for as long as it’s necessary to meet the relevant purposes for which we’ve collected your data, including for the purpose of satisfying any legal, accounting or reporting requirements.

To determine the appropriate length of time for holding your 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 purpose for which we process your data and whether we can achieve those purposes through other means, along with the applicable legal requirements.

In some circumstances you can ask us to delete your data: please see Your Rights for further information.

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.

CHANGES TO THIS PRIVACY POLICY

We may need to update this Privacy Policy to reflect changes to our practices, technology and legal requirements. We will post any changes we make to this Privacy Policy on our Platform from time to time and, where appropriate, notify you by e-mail.

All Personal Data held by us will be governed by the most recent Privacy Policy posted on our Platform, so please regularly check back to see any updates or changes.

THIRD PARTIES

This Privacy Policy only addresses We Swap’s use and disclosure of your Personal Data.

Our Platform may contain links to other websites, plug-ins and applications, including those of our business partners, and associated social media pages. 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 Platform, we encourage you to read the privacy policy of any external website you visit before you submit any Personal Data to them.

CONTACT US

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please contact us at GDPR@we-swap.com.