PRIVACY POLICY

BACKGROUND

J & A Beare Ltd. understands that Your privacy is important too and that You care about how Your personal data is used. We respect and value the privacy of everyone who visits this website, www.beares.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and Your rights under the law.

Please read this Privacy Policy carefully and ensure that You understand it. You will be deemed to have accepted the terms of the Privacy Policy on Your first use of Our Site.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Business Information” means information about a business including business name, job title and profession;

“Personal Information” means Identity Information, Contact Information, Business Information, Property Information and Profile Information;

 “Contact Information” means contact information about a person including address, email address and telephone number;

 “Cookie” means a small text file placed on Your computer or device by Our Site when You visit certain parts of Our Site and/or when You use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below;

“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

“Identity Information” means identity information about a person including title, name, surname and gender;

“Profile Information” means information about a person or business and their preferences regarding potential purchases;00

“Property Information” means information about instruments or bows including details of the their ownership, valuations, appraisals, certification, repairs, restorations and loans;

“Technical Information” means technical information about a person or a business, including the IP address of the device they use to access Our Site and the website analytics data relating to their use of Our Site;

“We/Us/Our” means J & A Beare Ltd. a company registered in England under Registration No. 03487761, whose registered address is 30 Queen Anne Street, London W1G 8HX; and

“You/Your” means the user of Our Site.

2. Information About Us

Our Site is owned and operated by Us.

3. Cover of the Policy

This Privacy Policy applies only to Your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how Your data is collected, stored, or used by other websites and We advise You to check the privacy policies of any such websites before providing any data to them.

4. Personal Data

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

5. Your rights

Under the Data Protection Legislation, You have the following rights, which We will always work to uphold:

• The right to be informed about Our collection and use of Your personal data. This Privacy Policy should tell You everything You need to know, but You can always contact Us to find out more or to ask any questions using the details in Part 15.
• The right to access the personal data We hold about you. Part 13 will tell You how to do this.
• The right to have Your personal data rectified if any of Your personal data held by Us is inaccurate or incomplete. Please contact Us using the details in Part 15 to find out more.
• The right to be forgotten, i.e. the right to ask Us to delete or otherwise dispose of any of Your personal data that We hold. Please contact Us using the details in Part 15 to find out more.
• The right to restrict (i.e. prevent) the processing of Your personal data.
• The right to object to Us using Your personal data for a particular purpose or purposes.
• The right to withdraw consent. This means that, if We are relying on Your consent as the legal basis for using Your personal data, You are free to withdraw that consent at any time.
• The right to data portability. This means that, if You have provided personal data to Us directly, We are using it with Your consent or for the performance of a contract, and that data is processed using automated means, You can ask Us for a copy of that personal data to re-use with another service or business in many cases.
• Rights relating to automated decision-making and profiling. We do not use Your personal data in this way.

For more information about Our use of Your personal data or exercising Your rights as outlined above, please contact Us using the details provided in Part 15.

It is important that Your personal data is kept accurate and up-to-date. If any of the personal data We hold about You changes, please keep Us informed as long as We have that data.

Further information about Your rights can also be obtained from the Information Commissioner’s Office or Your local Citizens Advice Bureau.

If You have any cause for complaint about Our use of Your personal data, You have the right to lodge a complaint with the Information Commissioner’s Office. However, We would welcome the opportunity to resolve Your concerns Ourselves, so please contact Us first, using the details in Part 15.

6. Collection of personal data

We may collect and hold some or all of Your Personal Information when You send data to Us through Our Site via email or contact forms that can be found on Our Site.

We may also collect Your Technical Information through the placement of Cookies on Your computer or devices. Please see Part 14 for more information about Our use of Cookies and similar technologies We do not collect any ‘special category’ or ‘sensitive’ personal data, such as personal data relating to children or data relating to criminal convictions and/or offences.

7. Use of personal data

Under the Data Protection Legislation, We must always have a lawful basis for using personal data. We use Your Data for legitimate interests and with Your consent for the performance of services You have requested.

With Your permission and/or where permitted by law, We may also use Your personal data for marketing purposes, which may include contacting You by email, telephone, text message and/or post with information, news, and offers on Our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect Your rights and comply with Our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and You will always have the opportunity to opt-out. We will always obtain Your express opt-in consent before sharing Your personal data with third parties for marketing purposes and You will be able to opt-out at any time.

Third Parties whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data that they collect and use themselves, and We advise You to check the privacy policies of any such third parties.

We will only use Your personal data for the purpose(s) for which it was originally collected unless We reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use Your personal data for that purpose. If We do use Your personal data in this way and You wish us to explain how the new purpose is compatible with the original, please contact Us using the details in Part 15.

If We need to use Your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, We will inform You and explain the legal basis which allows Us to do so.

In some circumstances, where permitted or required by law, We may process Your personal data without Your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and Your legal rights.

8. Retention of personal data

We will not keep Your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. In most case, We will retail Your personal data for the duration of Our commercial relationship. If We have not had any communication with You for a period of more than seven years, We shall endeavour to delete such data.

9. Storage of personal data

We will only store or transfer Your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation.

10. Sharing of personal data

We will not share any of Your personal data with any third parties for any purposes, subject to the following exceptions:

(a) if We sell, transfer, or merge parts of Our business or assets, Your personal data may be transferred to a third party. Any new owner of Our business may continue to use Your personal data in the same way(s) that We have used it, as specified in this Privacy Policy, and

(b) in some limited circumstances, We may be legally required to share certain personal data, which might include Yours, if We are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

If any of Your personal data is shared with a third party, as described above, We will take steps to ensure that Your personal data is handled safely, securely, and in accordance with Your rights, Our obligations, and the third party’s obligations under the law.

If any personal data is transferred outside of the EEA, We will take suitable steps in order to ensure that Your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation.

11. Control of personal data

In addition to Your rights under the Data Protection Legislation, set out in Part 5, when You submit personal data via Our Site, You may be given options to restrict Our use of Your personal data. In particular, We aim to give You controls on Our use of Your data for direct marketing purposes, including the ability to opt-out of receiving emails from Us, which You may do by unsubscribing using the links provided in Our emails and at the point of providing Your details.

12. Withholding of Personal Data

You may access certain areas of Our Site without having to provide any personal data at all. However, to use all features and functions available on Our Site, You may be required to submit or allow for the collection of certain data.

You may restrict Our use of Cookies. For more information, see Part 14.

13. Access to Personal Data

If You want to know what personal data We have about You, You can ask Us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If Your request is ‘manifestly unfounded or excessive’ (for example, if You make repetitive requests) a fee may be charged to cover Our administrative costs in responding.

We aim to respond to Your subject access request within 10 working days and, in any case, not more than one month of receiving it. Normally, We aim to provide as complete a response as possible, including a copy of Your personal data within that time. In some cases, however, particularly if Your request is more complex, more time may be required. In that case We will acknowledge Your request within 10 working days of receiving it and We will endeavour to provide You with a full response within three months from receipt of the request.

14. Use of Cookies

Our Site may place and access certain first-party Cookies on Your computer or device. First-party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve Your experience of Our Site and to provide and improve Our products and/or services. We have carefully chosen these Cookies and taken steps to ensure that Your privacy and personal data is protected and respected at all times.

By using Our Site, You may also receive certain third-party Cookies on Your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than Us. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and Your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.

Before Cookies are placed on Your computer or device, You will be shown a pop-up request prompt requesting Your consent to set those Cookies. By giving Your consent to the placing of Cookies, You are enabling Us to provide the best possible experience and service to You. You may, if You wish, deny consent to the placing of Cookies; however, certain features of Our Site may not function fully or as intended.

Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that You are aware of them. You may still block these Cookies by changing Your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if You do so. We have taken great care to ensure that Your privacy is not at risk by allowing them.

The following first-party Cookies may be placed on Your computer or device:

In addition to the controls that We provide, You can choose to enable or disable Cookies in Your internet browser. Most internet browsers also enable You to choose whether You wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in Your internet browser or the documentation that came with Your device.

You can choose to delete Cookies on Your computer or device at any time, however You may lose any information that enables You to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that You keep Your internet browser and operating system up-to-date and that You consult the help and guidance provided by the developer of Your internet browser and manufacturer of Your computer or device if You are unsure about adjusting Your privacy settings.

15. Notices

To contact Us about anything to do with Your personal data and data protection, including to make a subject access request, please send Us an email at violins@beares.com or by using the contact form at www.beares.com/contact.

16. Law and Jurisdiction

These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 16 above takes away or reduces Your rights as a consumer to rely on those provisions.

If You are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.

If You are a business, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

17. Changes to the Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if We change Our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and You will be deemed to have accepted the terms of the Privacy Policy on Your first use of Our Site following the changes. We recommend that You check this page regularly to keep up-to-date.

This Privacy Policy was last modified on 20 February 2020.