Privacy Policy

INTRODUCTION

The Fused Equipment Services Group is a global organisation with companies located in Canada, the United States, the United Kingdom, the European Union and South America. In this Privacy Notice, “personal data” means any information about a living identifiable individual, excluding any information that has been fully anonymised or that is excluded from the definition of “personal data” or “personal information” under applicable laws. The purpose of this Privacy Notice is to set out how and why we process your personal data when you visit our website, make enquiries or transact with us, what we do with your personal data and what to expect from us.

Fused Equipment Services offers a variety of used equipment for sale (the "Product(s)").

To understand which Fused Equipment Services group company is responsible for the collection and processing of your personal data, see the section below, "Data Controllers".

HOW TO CONTACT US

For any questions or issues in relation to this Privacy Notice, please use the contact details set out for your relevant Fused company, as set out in the section below, "Data Controllers".

DATA CONTROLLERS

Different Fused Equipment Services group companies will each be a Data Controller responsible for your personal information in different circumstances as follows:

Action taken	Data Controller
Registering to open an account	Fused Equipment Services group company in the country in which you are registering i.e. if you are in the UK, then the UK company will be controller
Enquiring about a Product and purchasing a Product	Fused Equipment Services group company in the country in which that Product is located i.e. if the Product is located in Canada, (regardless of where the user is based) the Canadian company will be controller.
Online auctions	Fused Equipment Services group company in the country which is holding the auction (even when the Products for sale in that auction are situated in another country) i.e. the UK company is auctioning Products located in Canada, so the UK company will be controller.
Consent to receive marketing	Fused Equipment Services group company you have consented to receiving marketing information from.

It is possible that more than one Fused Equipment Services group company may be an independent Data Controller of your personal data at the same time. If you have any questions about Data Controllers, please contact us.

Your personal data may also be shared between Fused Equipment Services group companies for the purpose of facilitating sales transactions. When your personal data is transferred to another Fused Equipment Services company in a different country, that company will become an independent Data Controller at the point at which it receives your personal data.

The table below sets out the details, and contact information, for each of the Fused Equipment Services group companies:

COUNTRY	DATA CONTROLLER	CONTACT DETAILS
Canada	Fused Equipment Services Inc.	privacy@fusedequipment.com
UK& Ireland	Fused Equipment Services (UK) Limited	privacy@fusedequipment.com
USA	Fused Equipment Services (US) Inc.	privacy@fusedequipment.com

WHAT INFORMATION DO WE COLLECT?

Personal data refers to any information that can be used to identify a living individual directly or indirectly. This does not include data where the identity has been removed (anonymous data).

We may collect this data from a variety of sources that broadly falls into the following categories:

PERSONAL INFORMATION WHICH WE COLLECT FROM YOU DIRECTLY

We collect and process information relating to you as an individual when you, register for an account, contact us with an enquiry about a Product or register to participate in an online auction.

The information we collect from you directly includes:

Name;
Address;
Contact details e.g. phone number, email address; and
Payment details.

INFORMATION THAT WE OBTAIN FROM THIRD PARTY SOURCES

In order to comply with various regulations, or to conduct background checks in accordance with our internal requirements (where permissible and in accordance with applicable law), sometimes we may receive personal information about you from third party sources such as credit check databases, and financial institutions, as well as online sources databases and public registries. We will only obtain this information where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal data to us.

The types of information we collect from third parties are listed in the table below.

TYPE OF DATA:	REASON FOR PROCESSING:
Name, residential address, date of birth, e-mail, phone number	to conduct credit checking by requesting credit reports from authorised providers in order to assess creditworthiness in respect of any equipment sale

HOW DO WE USE YOUR PERSONAL DATA AND HOW IS IT LAWFUL?

We set out below how we use your personal information and what our legal basis is for being able to use your personal data in each way. We will normally only collect and process your personal information for the following reasons and on the following legal basis:

Where the processing is to enable us to comply with our legal obligations for the purposes of compliance with local law, for example:
1. Dealing with legal disputes involving you;
2. Accounting and auditing;
3. Making repairs, alterations and improvements (e.g. to Products); and
4. To carry out necessary anti-money laundering checks.
Where processing is to allow us to enter into and perform a contract:
1. For the performance of the contract that you have agreed to enter with a Fused Equipment Services group company because you are purchasing a Product from us;
2. In order to deal with any complaints;
3. To assess financial, reputational, credit or insurance risks arising from any relationships or prospective relationship with you or your organisation; and
4. To send you service-related communications and deal with communications you send to us about your contract with us.
Where our processing is on receipt of your consent:
1. To tailor and personalise your user experience of our website using cookies;
2. To contact you directly or via our agents with offers of goods and services or information that may be of interest to you; and
3. To permit other Fused Equipment Services companies within our group to send you similar marketing messages about offers of goods and services or information that may be of interest to you.
Processing your data is also legal if it based on 'legitimate interests'. To do so, we have considered the impact on your interests and rights and have put in place appropriate safeguards to ensure that intrusion on your privacy is reduced by as much as possible. Please be aware you have the right to object to the processing of your data in relation to any of the legitimate interests identified. It is in our legitimate interests:
1. To inform you about important changes to the business or policies of Fused Equipment Services; and
2. To interact and respond to communications you send us, including social media posts in which you have tagged us.
3. You can choose not to provide personal data to us. However, where information that we request is necessary for the purposes of entering into and performing a contract with you or your organisation and/or providing services to you or your organisation, failure to provide it will impede the contracting process and/or the provision of the relevant services.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us.

WHO WILL HAVE ACCESS TO YOUR PERSONAL DATA?

Like any business, we use service providers to operate our website and to help deliver our services. Some of these service providers will process your data as part of the services they offer to us. We take steps to ensure that our service providers treat your data in accordance with the law, only use it in accordance with our contract with them and keep it secure.

We may also share your personal data across the Fused Equipment Services group of companies for the purpose of facilitating your enquiries about Products in their location and for sales and purchasing purposes (for example, your personal data will be processed by the relevant Fused Equipment Services company situated in the country from which you are accessing our website and also in the country in which you are purchasing our Products).Those Fused Equipment Services companies must also comply with local privacy laws, which may be different from the law in own country.

Further, it may be necessary to share your data with courts, the police or other law enforcement or government agencies, if the law requires.

TRANSFERS OF DATA OUT OF THE UK AND EEA

If you are a data subject located in the UK or EU, we may need to transfer your personal data to other countries outside of the UK and EEA.

These countries may have data protection laws that are different to the laws of the UK and EU (and in some cases, may not be as protective). When we transfer data out of the UK or EEA, we always require that appropriate safeguards are in place to protect then information when it is processed.
Any transfer of your data will be subject to a safeguarding mechanism required by data protection laws, including government approved contracts, that will safeguard your privacy rights and give you remedies in the unlikely event of a security breach.

You are entitled to request more information about how we are transferring your data in this way and information can be provided upon request.

HOW DO WE PROTECT YOUR DATA?

We strive to implement appropriate technical and organisational measures in order to protect your personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorised disclosure or access and any other unlawful forms of processing. We aim to ensure that the level of security and the measures adopted to protect your personal data are appropriate for the risks presented by the nature and use of your personal data. We follow recognised industry practices for protecting our IT environment and physical facilities. If you would like more information as to how we are keeping your data secure, please get in touch.

While we use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the integrity and security of any personal data that are transferred from you or to you via the internet.

DATA RETENTION

We store personal information in accordance with applicable data protection laws to the extent necessary for the purposes set out in this Privacy Notice or for which you are otherwise notified. We will delete data in accordance with our data retention and deletion policies unless we are obliged to keep your personal data longer (i.e. for legal or audit purposes). Some of our data retention periods may vary by country as a result of applicable laws.

YOUR DATA PROTECTION RIGHTS

In some jurisdictions, you have rights under data protection legislation in relation to your personal data. In particular, you have the following rights (see table below) which you can exercise free of charge, by contacting your relevant Data Controller. We will respond to any rights that you exercise within a month of receiving the request unless the request is particularly complex, in which case we will respond within three months.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

YOUR DATA PROTECTION RIGHTS	WHAT DOES THIS MEAN?
1. The right to be informed	You have the right to be provided with clear, transparent and easily understandable information about how we use your information and rights. This is why we are providing you with the information in this Privacy Policy.
2. The right of access	You have the right to obtain access to your information (if we are processing it), and certain other information (similar to that provided in this Privacy Notice). This is so you are aware and can check that we are using your information in accordance with data protection law. You may ask for: A copy of your information; Details of the purpose for which it is being processed; Details of the recipients or classes of recipients to whom it is or could be disclosed, including if they are overseas and what protections they have in place; The period for which it is held (or the criteria which determines this); Any information available about the source of the data; Whether we carry out any automated decision-making or profiling, and where we do information about the logic involved and the outcome or consequences of that decision or profiling; Any request for your personal data must be made to us in writing and a copy will be retained on your personal file. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain consent off that person if possible. There are certain types of data which we are not obliged to disclose to you, which include personal data which records out intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations.
3. the right to rectification	You are entitled to have your information corrected if it is inaccurate or incomplete. If you would like us to do this, please: Email, call or write to us at the contact detail at the end of this Privacy Notice; Let us have enough information to identify you (e.g. accountregistration details); and Let us know the information that is incorrect and what it should be replaced with.
4. rights to ask us to stop contact you with direct marketing	You can ask us to stop contacting you for direct marketing purposes. If you would like to do so, please: Email, call or write to us at the details provided in this Privacy Notice to withdraw your consent. Where we request it, provide proof of your identity and address (e.g. driving licence/ passport). Provide us with details of your preferred method of contact (e.g. you may be happy for us to contact you via email and not by telephone).
5. rights in relation to automated decision making	You may ask us to ensure that, if we are evaluating you (for example when doing a credit check on you), we don’t base any decisions solely on an automated process and we have any decision reviewed by a member of staff. These rights will not apply in all circumstances, for example where the decision is authorised or required by law and steps have been taken to safeguard your interests.
6. the right to erasure	This is also known as the 'right to be forgotten' and, in simple terms, enables you to request the deletion or removal of your information where: You do not believe that we need your data in order to process it for the purposes set out in this Privacy Notice; If you had given us consent to process your data, you withdraw that consent and we cannot otherwise legally process your data; You object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or Your data has been processed unlawfully or have not been erased when it should have been.
7. the right to restrict processing	You have rights to 'block' or suppress further use of your information. When processing is restricted we can still store your information, but may not use it further. You may request that we stop processing your personal data temporarily if: You do not think your data is accurate. We will start processing again once we have checked whether or not the data is accurate; The processing is unlawful but you do not want to erase your data; We no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or You have objected to the processing because you believe that your interests should override [the companies] legitimate interests.
8. the right to data portability	You have rights in certain circumstances to obtain and reuse your personal data for your own purposes across different services.
9. the right to object to processing	You have the right to object to certain types of processing, including processing based on our legitimate interests and processing for direct marketing.
10. the right to withdraw consent	If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time (although if you do so, that does not mean anything we have done with your personal data with your consent up to that point is unlawful.)

Complaints to the relevant data protection supervisory regulator

It is important to ensure that you have read this Privacy Notice. If you do not think that we have processed your data in accordance with this notice, you should let us know as soon as possible. Similarly, you may complain to the relevant data protection supervisory authority. In the UK, this is the 'Information Commissioner's Office'. Information about how to do this is available on their website: www.ico.org.uk.

UPDATES TO THIS PRIVACY NOTICE

We will update this Privacy Notice from time to time when necessary to reflect your feedback and in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you. You should check this Privacy Notice occasionally to ensure you are aware of the most recent version that will apply.