Privacy Policy for MartEye
Last updated: March 2023
1. Who we are
2. To Whom does this privacy notice apply?
3. What personal data we collect about you
4. The legal basis we rely on to process your personal data
5. How and why we collect and use personal data
6. Third-party INFORMATION
7. Disclosure of your personal data
8. Transfers of your personal data
9. Security
10. Retention of your personal data
11. Your Data Protection Rights
12. Updating your personal data
13. Queries and Complaints
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Who we are
MartEye Limited, a company registered in Ireland (Company No. 681144) (“MartEye”, “we”, “our”, “us”) is committed to protecting the privacy and security of your personal data. We provide software services to auction houses to stream marts online (the “MartEye Service”) and we sell clothing merchandise online.
MartEye is a “controller” of your personal data of individuals (data subjects) covered by Section 2 of this Privacy Notice. This means that we are responsible for deciding the purposes and means by which we use the personal data we hold about you. “Personal data” is any information by which you or any living person can be individually identified either directly or directly but does not include anonymised data.
As a controller, we must provide you with this privacy statement to you in accordance with Irish data protection laws, including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Acts 1988 to 2018, as such laws may be updated from time to time (“Data Protection Laws”). In brief, this Privacy Notice explains:
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what personal data of yours we hold and why we process it;
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the legal grounds that allow us to process your personal data;
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where we obtain your personal data, who gets to see it, and how long we keep it;
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your data protection rights; and
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where to address queries or complaints.
2. To Whom does this privacy notice apply?
If you use www.marteye.ie (the “Website”) or download our mobile application (the “Marteye App”) (the Website and the Marteye App are collectively referred to in this Privacy Notice as the “Marteye Platform”) this Privacy Notice provides information about how we collect, receive and process your personal data. The personal data we process about you depends on how you interact with us. This Privacy Notice applies to:
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our customers with either a software subscription to the MartEye Service which is made available via the Marteye Platform or customers that purchase clothing and similar goods on the Website (collectively “Customers”); and
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any person that accesses and browses our Marteye Platform, including our Customer’s clients (and persons attending the marts streamed on the Marteye Platform) and any person that interacts with us on the Marteye Platform, our social media pages, by telephone, email, and by other means (“Users”).
This Privacy Notice does not form part of any contract or offer to enter into a contract, with us. It may be amended by us at any time. We reserve the right to amend this Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice on the Website or in the Marteye App. We recommend that you check the Website or Marteye App often, referring to the date of the last modification listed at the top.
It is important that you read this Privacy Notice so that you are aware of how and why we are using your personal data. Please see Section 11 (Your Data Protection Rights) and Section 13 (Queries and Complaints). for further information about your rights and how to exercise those rights.
The Marteye App is only available for download from app stores made available by authorised app channel providers (for example, Apple’s App Store and Google Play or such other app store as we may authorise) (an “App Channel Provider”). When you download the Marteye App from an App Channel Provider the privacy notices of the relevant App Channel Provider will also apply in respect of the personal data it controls and processes. Please refer to the relevant App Channel Provider’s Privacy Notice for more information.
3. What personal data we collect about you
The personal data we collect and receive about you depends on how you interact with us, and whether you are a Customer or a User. For this reason, we have distinguished parts of this Privacy Notice to describe our data protection practices in relation to whether you are a Customer or a User.
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Customers
If you are a Customer, we process the following kinds of personal data:
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Identity Data including your first name and surname.
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Contact Data including your personal or business email address, phone number, and postal address.
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KYC Data: includes [a form of identification, proof of address;]
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Financial Data includes details about payments from and to you including debit or credit card details and bank account details.
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Marketing Data including your preferences in receiving marketing communications from us.
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Technical Data. When you use the Marteye Platform we may automatically collect technical information which your browser automatically transmits. This includes the IP address used to connect your computer or mobile device to the internet (including in truncated form), the browser type and version you use, the operating system, location, date and time of your access, and whether cookies are accepted or rejected.
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Profile Data includes your login details, preferences, and feedback.
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Usage Data includes information about how you use our Website such as the goods and services you view or search for, traffic data, web logs and other communication data.
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Streaming Data. As part of its business, MartEye operates live video recordings of marts. If you attend a mart the camera(s) streaming the mart may record your image.
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Users
If you are a User, we process the following kinds of personal data:
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Identity Data including your first name and surname.
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Profile Data includes your login details, herd number, preferences, and feedback (when you choose to create an account).
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Financial Data includes details about payments made by you and the value of bids you place.
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Contact Data including your personal or business email address, phone number, and postal address.
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Technical Data. When you visit our Website we may automatically collect technical information which your browser automatically transmits. This includes the IP address used to connect your computer or mobile device to the internet (including in truncated form), the browser type and version you use, the operating system, date and time of your access, data connection type, and whether cookies are accepted or rejected. When you use the MartEye App we may collect the make and model of your device, details of its operating system version and the location of the device.
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Usage Data includes information about how you use our Marteye Platform such as the goods and services you view or search for, the bids you place, traffic data, web logs and other communication data.
4. The legal basis we rely on to process your personal data
Data Protection Laws permit specific legal basis to process personal data. The legal basis we may rely on to process your personal data are:
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Consent where you have freely given, specific, informed and unambiguous consent to the processing of your personal data.
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Contract Necessity where processing your personal data is necessary for our performance of a contract with you or to take steps at your request to enter a contract.
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Legal Obligation where processing your personal data is necessary for compliance with our legal obligations.
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Legitimate Interests where processing your personal data is necessary for our or a third party’s legitimate interests. We have a legitimate interest in carrying on, managing and administering our business. Part of our business management involves processing your personal data. However, your data will not be processed for our legitimate purposes if doing so would override your fundamental rights and freedoms which require protection of your personal data.
5. How and why we collect and use personal data
We may receive your personal data through various means including:
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Direct interactions: We obtain your Identity Data and Contact Data when you contact us and/or request a quote and/or complete a purchase.
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Automated technologies: As you browse and interact with the Website and App, we collect data. We collect this by using cookies, tracking codes, server logs and other similar technologies including Google Analytics and Meta. Please see our Cookies Policy for further details.
We have set out below a description of the ways we typically process your personal data as controller where you are a Customer and where you are a User, and the legal reasons we rely on to do so.
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Customer
Purpose/activity
Type of Personal Data
Legal Grounds for processing
To allow you to:
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create and manage a user account;
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use the MartEye Service;
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purchase goods from the Website
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facilitate your payments for any goods purchased and to post the goods to you; and
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manage your communications to us via the Marteye Platform.
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Identity Data
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Contact Data
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Financial Data
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Profile Data
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Technical Data
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Streaming Data
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Usage Data
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Contract Necessity
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Necessary for our Legitimate Interests for the administration and management of the MartEye Service and sale of goods on the Marteye Platform.
Where we are required to do so we will conduct Anti--Money Laundering checks.
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KYC Data
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Necessary for compliance with our Legal Obligation in respect of applicable Irish Anti-Money Laundering Laws.
To communicate with you including responding to your messages and queries about technical issues.
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Identity Data
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Contact Data
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Financial Data
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Profile Data
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Technical Data
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Usage Data
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Contract Necessity
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Necessary for our Legitimate Interests for the administration and management of our business.
To use data analytics to improve our Marteye Platform, services, marketing, customer relationships and experiences.
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Technical Data
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Usage Data
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Marketing Data
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Necessary for our Legitimate Interests to obtain insights into how our goods and services are used, to keep the MartEye Service updated and relevant; balance web traffic; develop and manage our business and strategies for growth and marketing.
To carry out marketing analysis, for example we look at what you have viewed on the Marteye Platform and what your preferences are to improve the relevance of our marketing.
If you would prefer that we do not send such communications to you, please follow the opt-out links on any marketing message or contact us using the contact details in this Privacy Notice.
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Marketing Data
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Necessary for our Legitimate Interests to promote our products and services and enhance customer experience.
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User
Purpose/activity
Type of Personal Data
Legal Grounds for processing
To allow you to:
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create and manage a user account;
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watch live marts;
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to interact and place bids via the Marteye Platform;
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purchase goods from the Website
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facilitate your payments for any goods purchased and to post the goods to you; and
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manage your communications to us via the Marteye Platform.
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Identity Data
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Contact Data
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Profile Data
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Technical Data
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Streaming Data
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Usage Data
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Contract Necessity
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Necessary for our Legitimate Interests for the administration and management of our business.
To check the creditworthiness of bidders
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Identity Data
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Profile Data
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Financial Data
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Usage Data
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Necessary for our Legitimate Interests in confirming that bidders are creditworthy.
Where we are required to do so we will conduct Anti--Money Laundering checks.
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KYC Data
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Necessary for compliance with our Legal Obligation in respect of applicable Irish Anti-Money Laundering Laws
To communicate with you including responding to your messages and queries to us via the “Subscribe for update” and “Contact us” forms on our Website.
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Identity Data
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Contact Data
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Profile Data
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Technical Data
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Usage Data
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Contract Necessity
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Necessary for our Legitimate Interests for the administration and management of our business.
To use data analytics to improve the Marteye Platform, services, marketing, customer relationships and experiences.
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Technical Data
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Usage Data
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Marketing Data
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Necessary for our Legitimate Interests to obtain insights into how our goods and services are used, to keep the MartEye Service updated and relevant; balance web traffic; develop and manage our business and strategies for growth and marketing.
To carry out marketing analysis, for example, we look at what you have viewed on the Marteye Platform and what your preferences are to improve the relevance of our marketing.
If you would prefer that we do not send such communications to you, please follow the opt-out links on any marketing message or contact us using the contact details in this Privacy Notice.
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Marketing Data
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Necessary for our Legitimate Interests to promote our products and services.
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Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Third-party INFORMATION
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Other individuals’ Personal data
Where you provide us with personal data relating to other people, you represent and warrant that you will only do so in accordance with applicable law, including Data Protection Laws. You will ensure that before doing so, the individuals in question are made aware of the fact that we will hold information relating to them and that we may use it for any of the purposes set out in this Privacy Notice and where necessary you will obtain their consent to our use of their information. You will provide anyone that you provide us with personal data with a copy of the relevant Privacy Notice. We may notify those individuals that you have provided their details to us.
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Information collected through third-party links and content
The Marteye Platform may include links to other websites and other content from third-party businesses and can offer direct interaction with external websites, networks or platforms that are outside our control. These third-party businesses may use cookies, web beacons or other similar technology to collect information about you. We do not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the security, privacy of the information collected by these third parties or the privacy practices of these third parties or the content on any third-party website. You are encouraged to review the privacy policies of the different websites you visit.
7. Disclosure of your personal data
We reserve the right to disclose your personal data to third parties:
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if we are under any legal or regulatory duty to do so; and
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to protect our rights or the safety of us, our personnel, other Customers and other Users.
We may disclose your personal data for the purposes listed in Section 5 of this Privacy Notice to the categories of recipients described in this Section 7.
We require these parties to keep your personal data confidential and secure and to protect it in accordance with the law. They are only permitted to process your personal data for the lawful purpose for which it has been shared and in accordance with our instructions
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Service providers. We also use third-party service providers to only hold and use personal data on our behalf in order to provide us with a service. We may also disclose personal data to our professional advisors and experts in order to obtain their assistance in carrying out our services and our activities. We require these parties to keep your personal data confidential and secure and to protect it in accordance with the law. They are only permitted to process your personal data for the lawful purpose for which it has been shared and where a service provider is uses your personal data as our processor, only in accordance with our instructions.
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Public and Government Authorities: Entities that regulate or have jurisdiction over us. We will disclose personal data in order to comply with any legal obligation if we are ordered to do so by a court of competent jurisdiction, law enforcement, regulatory or administrative authorities. We may also do so where we consider necessary in order to enforce our legal notices and agreements we may have with you, and/or to protect the rights, property and/or safety of our personnel, agents and others.
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Corporate activity: If we acquire other businesses, dispose of all or part of our business or merge with any other party, it may be necessary for us to disclose your personal data to other parties and their professional and other advisors in the course of any relevant transaction.
8. Transfers of your personal data
In connection with our business and for administrative, management and legal purposes, we may transfer your personal data to jurisdictions outside of the European Economic Area. Where we need to transfer your personal data, we shall ensure that the transfer is lawful and that there are appropriate security arrangements.
9. Security
MartEye is committed to maintaining the security of your personal data it processes. MartEye maintains appropriate physical, procedural, organisational and technical security measures intended to prevent loss, misuse, unauthorised access, disclosure, or modification of your personal data under our control. We also limit access to your personal data within our organisation and to third parties that need access to your information in provision of service to us. They will only process your personal data on our instructions and are required to protect personal data. If you have reason to believe that your personal data is no longer secure, please notify us immediately using the contact information supplied in Section 13 (Queries and Complaints).
Please be aware that when you transmit information to us or to our service providers over the internet or another telecommunications network this can never be guaranteed to be 100% secure. For any payments which we take from you or pay to you online, we will use a recognised third-party online secure payment system, and we are not responsible for the security of this system. You should contact these third parties for information about the security of these internet, telecommunications systems or payment systems if you need further information.
We cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data but we take reasonable steps to prevent this from happening. We have put in place measures to protect the security of your personal data and will notify you and any applicable regulator of a breach where we are legally required to do so.
10.Retention of your personal data
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, tax or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
11. Your Data Protection Rights
You have various rights under Data Protection Laws, subject to certain exemptions, in connection with our processing of your personal data, including those set out in the table below.
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Data Protection Right
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Explanation
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Access and Information
You are entitled to receive, on request and free of charge, a copy of all your personal data that we hold together with other information about the processing of that personal data. There are some limitations to this right. For example, if the personal data also relates to another person and we do not have that person’s consent, or if the personal data is subject to legal privilege. Where there is data that we cannot disclose, we will explain this to you.
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Rectification of your personal data
You may request to have inaccurate or incomplete information corrected and updated by us.
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Erasure of your personal data
This right enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing. However, where we hold and process your personal data in order to comply with legal obligations, such as compliance with tax, or for the establishment exercise or defence of legal claims, your right to ask us to delete or remove your personal data is limited.
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Object to processing
You may object to our processing of your personal data where we are relying on a legitimate interest (or those of a third party) in order to justify the basis for our processing your personal data and there is something about your particular situation which makes you wish to object to processing on this ground.
Request restriction of processing of your personal data
This right enables you to ask us to suspend the processing of your personal data (e.g. if you want us to establish its accuracy or the reason for processing it).
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Data Portability
Where we process your personal data by automated means (i.e. not on paper) and this processing is based on your consent or required for the performance of a contract between us, you are entitled, where technically feasible to request that we transmit your personal data in this format to another controller.
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Not be subject to a solely automated decision.
You have the right to be informed if your personal data will be subject to automated decision-making, including profiling, where that decision impacts on your legal rights. Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. We do not engage in profiling.
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The right to complain to the Data Protection Commission
You have the right to make a complaint in respect of our compliance with Data Protection Laws to the Data Protection Commission, the supervisory authority in Ireland.
12. Updating your personal data
You are responsible for notifying us of any changes to your personal data that you provide to us.
13. Queries and Complaints
If you have any questions or wish to exercise any of your rights, please contact us by emailing hello@marteye.ie or by writing to: Data Protection, The Portershed, 15 Market Street, Galway H91 TCX3 .
You may also raise complaints with the Data Protection Commission. For contact and other details see: www.dataprotection.ie