Power Performance Cars Privacy Notice

Power Performance Cars is a UK digital automotive marketplace that offers a vehicle buying and selling process. To provide you with the full range of Power Performance Cars products and services, we need to collect and process certain information about you.

This Notice and our Cookies Policy apply to all visitors to and users of:

• the Power Performance Cars website at www.powerperformancecars.co.uk (the "Website");
• Any Power Performance Cars website that links to this Notice and/or our Cookies Policy;
• Power Performance Cars social media accounts;
• our mobile devices and Applications ("Apps").

It also applies to anyone contacting us by phone, SMS, email, in letters and other correspondence, in person, and via social media.

If you are a dealer contracted with us, please see the privacy notice that is available via the Portal for information regarding the personal information we hold and use in order to provide your dealership with requested products and services.

• Who are we? Data Controller and contact details
• For the purposes of this Notice, the data controller is Power Performance Cars Limited (registered in England and Wales under company registration number (05441091) and whose registered office address is at Power Performance Cars Limited 1 Pasture Close, Clayton Bradford.
• References in this Policy to "Power Performance Cars"
• If you have any questions regarding the use of your personal data please contact us at: info@powerperformancecars.co.uk

Information collected by us and how we use it

• Account Creation

To create an account, we will collect your email address and your chosen password. Once you have registered you can include further personal details in your account including your name and you can view your adverts, payment history, and subscriptions with us. Where you log in via Facebook or another social media account, we may be provided with limited personal details (including your account ID and email address) to verify you are logged in. We will use your name and email address to send you communications about your account.

Legal basis:

• Contract
• Legitimate Interest
• More Information

We use your name and email address to register your account and send you service communications about how to access and manage your account (available within the "My Portal" section of the Website). You can access the "My Portal" area at any time login in to update your details and can also change your options regarding marketing communications from Power Performance Cars and/or third parties that you have selected in this area.

If you log in via Facebook or another social media account, those sites may automatically give us access to your limited personal details (including your account ID and email address) in order to verify if you are logged in with their site. Once you are logged in to our website your data will be handled by us in accordance with this Privacy Policy and the Cookie Policy. We are not responsible for any use of your personal data by Facebook or any other social media site and you should review their privacy policies.

• Placing an advertisement

As part of the advert placement process on the Website, we collect your name, telephone number, email address, and postcode, as well as details of the vehicle you wish to sell (including the vehicle registration number VRM) and device ID, and IP address.

Legal basis:

• Contract
• Legitimate interest
• Legal Obligation

More Information

We use your name and email address to register your account and place your advert, confirm that your advert has been published and send you service communications about how to access and manage your account (available within the "My Portal" section of the Website) and your advert. You can access the "My Portal" area by logging in at any time to update your details and can also change your options regarding marketing communications from Auto Trader and/or third parties that you have selected in this area.

We use your postcode to provide a positioning of the vehicle you advertise within our database; this allows potential buyers to locate vehicles for sale within a set radius of their chosen location. Your postcode is not disclosed in your advert.

Vehicle Registration Numbers (VRM) are required to place an advert on the Website for regulatory and security purposes. We will not disclose the Vehicle Registration Number within the text of your advert to any person. However, if the Vehicle Registration Number is displayed in photographs within your advert then these details will be visible to Website visitors who may use them without your authorization.

If your advert expires we will contact you via phone or email to give you the option to rebook your advert.

We may also use the information you provide for internal business records and purposes, including to analyze and develop our products and services and the Website.

We use certain features in our advert placement process to protect the privacy of our customers when they are communicating with potential buyers via phone or email.

For customers placing a Private advert, we apply a Protect Your Number facility as a default on all adverts when customers provide their phone number. Protect Your Number enables you to keep your telephone number private by providing you with a substitute telephone number to use in your advert. You will need to contact our Customer Service team if you wish to remove this facility. Please be aware that if you opt-out of using this facility, your telephone number will be visible within your advert.

For customers placing Private adverts, we also provide a customer-to-customer email service that allows Website visitors and potential buyers who view your advert to contact you via a link displayed on your advert, without disclosing your email address. We use this to disable any potentially harmful links that may expose you to fraudulent activity. The use of the customer-to-customer email service is mandatory for us to maintain the security of our Website. We reserve the right to monitor and retain all communications via the email service for security monitoring purposes.

You will also be required to supply payment card details to place your advert. We use third-party payment providers to manage online card payment transactions. Payment card information is collected over a secure online payment gateway provided by:

• Paypal - processed in accordance with their privacy policy: https://www.paypal.com/uk/webapps/mpp/paypal-and-your-data
• Once a package has been purchased the cost of using our site is none refundable,

All payment transactions processed are encrypted. Your payment card information is used solely to process payment for your advert. We retain no record of your payment card details.

• Communicating with us

When you communicate with us, you may provide personal data to us such as your name, address, contact details, organization details, dietary requirements. We will use this in order to deal with your communication.

Legal basis:

• Consent
• Legitimate interest
• Contract

More information

You may provide your personal data to us for one of the following reasons:

• To request information about advertising with Power Performance Cars or about any of Power Performance Cars services;
• To make a complaint;
• To enquire about working with us whether the inquiry is made by you personally or on behalf of an organization;
• To register for and/or attend an event; and/or
• To respond to a survey.
• Using services on Power Performance Cars

When using services on Power Performance Cars you will need to provide certain personal information such as name, email address, telephone number and postcode and details regarding your vehicle (including vehicle registration number, mileage, make and model) to enable us or a third party to provide you with the services requested. Depending on the service, this information may be passed to a third party.

Legal Basis

• Contract
• Consent

More information

Valuation – You will need to provide details regarding your vehicle in order to obtain a valuation. This may be the vehicle registration number and mileage and/or other details regarding your vehicle such as the make and model.

Vehicle Search facility - You will need to supply your postcode in order to use our vehicle search facility. We will use this to present adverts matching your search criteria with the distance from your selected location.

Request for test drive/quote/brochure - If you book a test drive of a new vehicle, or request a quote or brochure, through the Website you will need to provide your name, email address, postal address, and telephone number which will be passed to the relevant dealer or another third party. Each request form clearly indicates that you are giving authorization for your details to be passed to the relevant dealer or another party for them to contact you and action your request.

Chat Service - If you use the chat service, available on some dealer adverts, to communicate with dealers ("Chat Service"), you may disclose your name, email address, and other personal information to a dealer while using the service. The Chat service is provided by a third party, Live Person Automotive, and the data they receive is processed in accordance with their privacy policy

All conversations and email exchanges are recorded. Any personal information that you disclose during a live chat or via an online form will be accessible to and processed by Live Person Automotive, the Dealer with whom you communicate, and will be made available to Power Performance Cars. Additionally, the Chat Service provider may use computer infrastructure which is situated outside of the EEA. By using the Chat Service, you acknowledge and agree that any personal data disclosed by you while using the Chat Service will be processed and stored by the Chat Service provider on its systems outside the EEA and protected by adequate safeguards.

• Information we collect if you use our Mobile Applications

If you choose to download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content.

Legal Basis:

• Legitimate interest
• Consent

More information

Most mobile devices allow you to control or disable location services within the mobile device’s settings. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacturer of your device.

• Administration, development, and monitoring of the Website and Services

To administer, maintain, develop and improve our Website and services, we use your contact details and details of your activity on the Website and interactions with us such as name, telephone number, email address and postcode, details of adverts you have published, details within the My Portal section of the Website and your interactions with us.

Legal Basis:

• Legitimate Interests
• Consent

More information

We will use your contact details such as name, telephone number, email address and postcode, details of adverts you have published, details with the My Portal section of the Website, and details of your activity on the Website and your interactions with us in order to:

• provide and administer the Website and related services and manage internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, and develop the Website and our products and services.
• generate an overall audience profile of visitors using the Website. We use this information to assist us in developing relevant content on the Website as well as encouraging automotive trade advertisers to place adverts for their stock or promotions on the Website.
• provide customers who have opted-in to receive marketing communications, with relevant and timely offers by email (including where customers have supplied their insurance renewal date information and/or vehicle ownership details).
• support our 'Send to Mobile' functionality. This allows visitors to our Website to send details of vehicles for sale to their mobile phones.
• provide a user-friendly online search experience. This includes the use of website analytics tools as described further in our Cookie Policy.
• identify the location of visitors, to block disruptive or fraudulent use, to establish the number of visits from different countries.

The Legal Basis we rely on for processing your information

• The Legal Basis we rely on for processing your information

Under data protection laws, we are required to have a legal basis to process your personal information. We have set out below the legal bases we rely on:

• Contract: To perform a contract entered into with you and fulfill our contractual obligations to you or to take steps at your request prior to entering into a contract. This processing is necessary for us to provide the service you have requested including registering and managing your account publishing your advert and providing service updates and our support services.
• Consent: To provide information and take actions in relation to services which you have opted-in to receive. This includes where you specifically request for your details to be passed onto a third party (e.g where you make an inquiry regarding a test drive or a vehicle for sale) or where you opt-in to receive relevant marketing communications from us (e.g. industry news and offers). For further information regarding consent please see below.
• Legal Obligation: Where the processing is necessary to comply with our legal or statutory obligations. This may include cooperating with police in relation to their investigations.
• Legitimate interest: Where necessary for our legitimate interests or those of a third party. We rely on this basis in order to monitor and improve our Website, products, and/or services, understand how visitors and customers use our Website, products and/or services, personalize content provided to you, deal with inquiries and complaints, undertake market research and inform our general marketing, to run our business and maintain the security or our Website and services for you, us and other Website visitors and customers.
• Consent
• Where consent is required for us to process certain types of your personal data, it must be clearly given. You may give us your consent to receive our marketing communications and/or when you use the Website to request services provided by dealers.
• Where you have given consent for Power Performance Cars to process your personal data you may withdraw consent at any time by emailing info@powerperformancecars.co.uk. We will cease processing your data based on that consent but this does not affect any processing we have undertaken at any time before withdrawal.
• If you have given consent for your details to be passed to a dealer or other third party your data may already have been used by them to respond to your request before we can action your consent withdrawal. In this event, you will need to contact them to withdraw your consent to their use of your personal data.
• Disclosure of your information

Power Performance Cars will not pass on your personal data to third parties except as set out in this Notice or with your consent. We may disclose your personal information to third parties for the following purpose(s) and in the following circumstances as part of our processing activities:

• We will send your personal information to dealers, vehicle manufacturers, bike manufacturers, and relevant third parties to enable them to provide you with the services and products that you have requested or consented to receive details of via the Website or the App. In certain circumstances, vehicle manufacturers (including Ford Motor Company Limited) or bike manufacturers and other relevant third parties may subsequently transfer, process, and store your personal information outside of the European Economic Area ("EEA") for their business and administration purposes. in accordance with their own privacy policies. If you have queries or require more information on how these third parties use information, including transfers outside of the EEA, please read their privacy policies or contact them.
• We may use service providers to help us run the Website or services available on the Website, some of whom may be based outside the EEA. Some of our web pages use plugins from third-party platforms (such as the 'Facebook Recommend' or 'Facebook Gestures' function). Information about your visit to the Website may be collected by these third-party providers on these pages. If you browse these pages whilst still also logged in to your account on the third-party platform, information collected by the third party may be connected to your account on the third-party platform. If you have queries or require more information on how these third parties use information, including transfers outside of the EEA, please read their privacy policies or contact them.
• As a security measure, we use 2-factor verification when you log in to your account We send your mobile number and a code to a third-party provider (IOVOX or Clickatell) who will send you a code to enable you to log in.
• The Chat service is provided by a third party, LivePerson Automotive, and the data they receive is processed in accordance with their privacy policy.
• Where we are under a duty to disclose or share your personal information with a third party in order to comply with any legal obligation, or in order to enforce our terms and conditions and any other agreements.
• If we sell or buy any business or assets, in which case Power Performance Cars may disclose your personal data to the prospective seller or buyer of such business or assets.
• We may share your personal information with our group companies.
• We may share any information that we collect with parties including our legal and professional advisors, the police, other public or private sector agencies, governmental or representative bodies (which may include insurance companies, finance companies, automotive advertising companies, and/or other agencies) in accordance with the relevant legislation for the purposes of the prevention or detection of offenses, and/or the apprehension or prosecution of offenders.
• You acknowledge that we have a legitimate business interest in preventing the use of our platform or services in any manner that may facilitate a fraudulent activity or deny consumers of their legal rights under the Consumer Protection from Unfair Trading Regulations 2008 or the Consumer Rights Act 2015. We may share any information that we collect about you or the vehicles that you advertise for sale on our platform with third parties or their legal representatives to the extent necessary to prevent fraud or any adverse effect to those third parties' consumer rights.

We are not responsible for any use of your personal data by these parties except where they act as our processor.

• Where we store your personal data
• Power Performance Cars will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy. All information you provide to us is stored securely within the EU, and not transferred outside the EEA unless specifically detailed in this Policy.
• More information
• Payment card information, details you provide when requesting dealer or other third-party services through the Website, and information you provide when using the Chat Service is handled in accordance with the relevant service providers’ privacy policies and may be transferred and stored or processed by them outside of the EEA in accordance with their privacy policies.
• Where we transfer your data outside of the EEA, we will ensure that safeguards are in place to provide a similar degree of protection is available to protect it. This may include contractual protections in place with our service providers or transferring your data to countries or parties which are recognized as providing suitable protection by the European Commission.
• Certain parties to whom we disclose your personal data may transfer your data outside of the EEA after we disclose it to them as part of their business and administration activities (see above, Disclosure of your information). We are not responsible for any use of your personal data by these parties except where they act as our processor. If you have queries or require more information on how these third parties use your information, including such transfers outside of the EEA, please read their privacy policies or contact them.
• Power Performance Cars uses strict procedures and security features designed to prevent any unauthorized access to your data that we hold.
• How long do we keep your data?
• Power Performance Cars will process personal data for as long as necessary to fulfill the purpose we collected it for, including the purpose of legal, accounting, and reporting requirements, and for as long as necessary for the prevention and detection of criminal activity.
•  
• More information
• The period for which we process and store the personal data varies depending on the use you make of the Website and the products and/or services we offer. Where you register an account or place an advert we will retain your data for as long as your account and/or advert is life and a period after your account is closed or advert ends to enable us to satisfy our legal, accounting, and reporting requirements.
• In some circumstances you can ask us to delete your data: see Right to be forgotten below for further information.
• In some circumstances, we may anonymize 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.
• Your rights as a data subject

Under data protection law, you have the following rights:

• Access
• Rectification
• Erasure/Right to be forgotten
• Restrict processing
• Portability
• Object to processing
• Complain

Some of these rights may not always apply. You can read more about your rights below.

More information

You may be able to exercise the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you. In the event that Power Performance Cars refuses your request under rights of access, we will provide you with a reason as to why
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right or erasure/ to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restrict processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – in certain circumstances you have the right to have the data we hold about you transferred to another organization.
• Right to object – you have the right to object to certain types of processing such as direct marketing, automated processing, or profiling.
• Right to complain to the supervisory authority – you have the right to complain as outlined in Section 8 below.

Please email info@powerperformancecars.co.uk if you have any queries regarding your rights. You can exercise your rights as set out above by emailing info@powerperformancecars.co.uk. All of the above requests will be forwarded should there be a third party involved (as set out in this Privacy Policy) in the processing of your personal data.

• Complaints
• If you wish to make a complaint about how your personal data is being processed by Power Performance Cars (or third parties as described above), or how your complaint has been handled, in the first instance please email your concerns to info@powerperformancecars.co.uk.
• You also have the right to lodge a complaint directly with the UK supervisory authority which is the Information Commissioner’s Office and can be contacted via the details at www.ico.org.uk.

What is an Accessibility statement?

This is the official accessibility statement for Power Performance Cars. If you have any comments or suggestions, please email us via info@powerperformancecarsco.uk

The new website uses a technique called 'Progressive Enhancement', which means basic content and basic functionality should be accessible to all browsers. Visitors to our site who do not have JavaScript enabled will still be able to search for a vehicle.

Standards compliance

1. All pages on this site are WCAG A approved, complying with all priority 1 and most of priority 2 guidelines of the W3C Web Content Accessibility Guidelines. This is a judgment call; many guidelines are intentionally vague and cannot be tested automatically. Power Performance Cars has reviewed the guidelines and believes all pages are in compliance (please see point 5).
2. We aim for the pages on this site to validate as XHTML 1.0 Transitional. A program of work is in progress to move to XHTML 1.0 Strict for our top 10 pages within the year.
3. Most pages on this site use Valid CSS.
4. We are aiming for pages on this site to use structured semantic mark-up. H1 tags are used for main titles, H2 tags for subtitles.
5. Applications other than at the following address "www.powerperformancecars.co.uk" may not be standards compliant but are constantly under review and in the process of being updated for accessibility.

Access keys

Power Performance Cars does not currently support Access keys, although this will be implemented in the future when we will support full WCAG AAA guidelines.

Tab key

You can also use the Tab key on your keyboard to move between links on a page. A single press of Tab high-lights the next link, Shift+Tab high-lights the previous link.

Links

1. Many links have title attributes that describe the link in greater detail unless the text of the link already fully describes the target (such as the headline of an article)
2. Links are written to make sense out of context

Images

1. All content images used in this site include descriptive ALT attributes. Purely decorative graphics currently include empty ALT attributes.
2. Complex images include TITLE attributes or inline descriptions to explain the significance of each image to non-visual readers

Visual design

1. This site uses cascading style sheets and progressive enhancement for visual layout
2. This site uses only relative font sizes, compatible with the user-specified "text size" option in visual browsers.

Terms of use

Access to the Website is subject to the following terms of use.

By accessing the Website, you accept all terms of use that apply to the facilities and services provided. We reserve the right to alter these terms of use at any time and it is your obligation to check regularly if changes have been made. Use of the Website after changes are posted on-line constitutes acceptance of any new terms of use.

In these terms of use: "we/us/our" means Power Performance Cars; "Website" means the Power Performance Cars Website www.powerperformancecars.co.uk; "you"/"your" means the user of the online services.

Access to Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

Content

By using the Website to search for vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. You must only use the contact details provided by private advertisers to contact them in connection with a genuine inquiry relating to the purchase of the vehicle in question.

Pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up to date or liability for any failure to do so.

The material on the Website is only for information purposes. It does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees, or representations, express or implied, as to:-

1. the completeness or accuracy of the advice and information contained on the Website or any associated website;
2. the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of a vehicle or the content more generally including any photographs, compliance with description or fitness for purpose of any such vehicles. Whilst we use reasonable efforts to identify and remove fraudulent advertisements, we cannot guarantee to identify all fraudulent advertisements on the Website.
3. the results of any search of our database or circumstances where there is a limited number of vehicles selected by the search on our database which might meet the searcher's requirements.

The Website publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the Website and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods, and/or any services advertised by third parties. If you choose to purchase a vehicle, goods, and/or services advertised for sale by third parties on the Website, the contract will be between you and the third-party advertiser and not with us. You are responsible for taking steps to safeguard you and your money before contacting a seller and/or making a purchase. Advice on buying a car can be obtained from info@powerperformancecars.co.uk . If you see anything suspicious please or believe an advertisement to be fraudulent, please report it to us immediately so we can investigate.

Copyright and trademarks

All rights, including copyright, in the content of the web pages, in the photographs of any vehicles displayed on the Website, and all database rights in our database of vehicles, are owned or controlled for these purposes by us.

All trademarks, names, and logos are the proprietary marks of Power Performance Cars or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these terms use confer on you any license or right under any trademarks, names or logos.

We are not liable for failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Unless, by exemption permitted within these terms of use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties, nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

Any information belonging to the Driver and Vehicle Licensing Agency (“DVLA”) which is made available on the Website (“DVLA Information”) is made available for your personal use only whilst visiting the Website. You agree not to use the DVLA Information for any commercial or business purposes. You may print one copy of the DVLA Information for future reference but you must not otherwise reproduce or redistribute the DVLA Information (whether on its own or as a component part of any other product, service, or material). You agree that you will not use the DVLA Information for any unlawful purposes or in a way that infringes the intellectual property rights of the DVLA or any other third party.

Liability

The material displayed on our Website is provided without any guarantees, conditions, or warranties as to its accuracy and as otherwise excluded in these terms of use. You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Power Performance Cars with respect to any such Content.

To the extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude:

All conditions, warranties, and other terms which might otherwise be implied by statute.

Any liability for a direct, indirect, or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it, and any materials posted on it, including without limitation any liability for:

• Loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available online. We, therefore, provide the Website on an "as is" and "as available" basis.

We make no warranty that the Website ( or associated websites) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Links to non-Power Performance Cars sites

The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

Links to the Website

You may establish a hypertext link to the home page of the Website, without the need for our written consent, provided there is no implied endorsement or sponsorship of you, your company, or your website by us

Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected in line with our Privacy Policy.

Vehicle Checks

We provide the vehicle history checks and the ‘Basic Checks’ (together, the ‘checks’) subject to these terms of use. The checks are produced using data from Experian Limited (“EXPERIAN”).

The checks are provided for your personal use only. You agree not to use the checks for any commercial or business purposes. You may print one copy of the check for future reference but you must not otherwise reproduce or redistribute the check. You agree that you will not use the checks for any unlawful purposes or in a way that infringes the intellectual property rights of Experian or any other third party.

The checks are provided for information purposes only. They do not constitute advice and you should not rely on the checks to make any decision or take any action. Neither us nor Experian gives any warranties, conditions, guarantees or representations (express or implied) as to the completeness or accuracy of the checks. To the extent permitted by law, we and Experian exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with a check.

The word “EXPERIAN” and certain other words and images are trademarks of Experian Limited and/or its associated companies and may be registered in the EU, USA, and other countries.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms of use to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms of use.

These terms of use of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements, and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

Our services are not suitable for those under sixteen years of age and, as such, by using our Website you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use the Website with legal parental or guardian consent.

If any of these terms of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms of use shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

If you do not agree to obey these terms of use you must stop using the Website immediately.

Accounts

Certain features of our websites, such as the forums, require you to create an account with us. When you do so, we will use the information you provide when you create the account in order to administer it and to give you access to those features.

When you have an account with us, you will also have the option to subscribe to a range of email alerts relating to your interactions with us, such as new inventory matching search criteria you specify, and new posts in discussion threads that you have followed or replied to. You can stop emails at any time using the unsubscribe link or following the instructions in the emails.

We will keep your account information for as long as your account is active, and for up to 10 years afterward.

We do this on the basis that it is necessary to provide those features of our websites.

Using message boards and forums

Any information you choose to voluntarily post to message boards and other interactive forums is by its very nature being made publicly available to other users who have access to that portion of the website or service. We would encourage you not to share your personal data, and we are not responsible for any information you choose to provide or communicate in such forums. Any disclosures you make are at your own risk.

We also share personal data with third parties who need it in order to provide services to us, including using external providers to assist in administering and overseeing our forums.

Other providers of products and services

Users of our site may find links to other businesses that provide products and services related to our industry (e.g. insurance, servicing, warranties). We also have links on our website to a shop, operated by Push Merchandising Limited, where you can buy Power Performance Cars-branded products.

When you click on those links, you are taken to the other provider's website, where you can decide whether to provide your personal data in relation to those other products and services. We will also provide information to these businesses to let them know that you navigated to their site from ours. You can learn more about the privacy practices of these businesses by reviewing the policies and notices on their websites.

We do this on the basis of our legitimate interest in promoting our business and connecting consumers with businesses to which they show

Third-party service providers

We also share personal data with third parties who need it in order to provide services to us in support of the purposes described above. For example, we use external providers to host our websites and databases and to operate our email alerts and marketing communications. We also use an external data warehouse provider to store and manage for us the data gathered by our advertising cookies.

Your rights and how to exercise them

European and/or UK privacy laws give you certain rights in respect of the information that we hold about you. Below is a short overview of those rights.

• With some exceptions, you have the right to have a copy of the personal data that we hold about you. We may make a reasonable charge for additional copies of that data beyond the first copy, based on our administrative costs. For data that you have given to us, you have the right to receive your copy of it in a common electronic format, and to provide copies of it to other people if you wish.
• You have the right to have the personal data we hold about you corrected if it is factually inaccurate.
• In some circumstances, you have the right to have personal data that we hold about you erased (the “right to be forgotten”). This right is not generally available when we still have a valid legal reason to keep the data.
• You have the right to require us to stop using your personal data for marketing purposes.
• You also have the right in some circumstances to request that temporary restrictions are placed on how we process your personal data, for example, if we are processing it on the basis of our legitimate interest, and you contest our assessment that our interest is not overridden by your fundamental rights and freedoms.
• If we are processing your personal data on the basis of your consent, you have the right to withdraw that consent at any time, in which case we will stop that processing unless we have another legal basis on which to continue.

If you want us to stop sending you marketing emails, the quickest and most efficient way is to use the provided links in our emails (although you can also contact us directly if you prefer). Otherwise, if you want to exercise your rights in respect of your personal data, the best way to do so is to contact us by email at info@powerperformancecars.co.uk or to write to us at the address above to the attention of the General Counsel. In order to protect your privacy, when you contact us, we may ask you to prove your identity before we take any steps in response to such a request.

In some cases, typically for people who work at dealerships who pay for our products, the actual controller of your personal data might be one of our local subsidiaries, but you can always contact Power Performance Cars, for help or if you want to exercise your rights, regardless of which of our group companies is technically the controller.

When Power Performance Cars itself is the data controller, Is our representative in Europe for data privacy purposes, and you can also contact them if you have questions or concerns.

You also have the right to lodge a complaint about our handling of your personal data with your local data protection authority, which in the UK is the Information Commissioner's Office (http://ico.org.uk).