PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Bennettsauctioneers.ie, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Bennettsauctioneers.ie a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Bennettsauctioneers.ie by all means and in any media now known or hereafter developed. You also grant to Bennettsauctioneers.ie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Bennettsauctioneers.ie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Bennettsauctioneers.ie.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Bennettsauctioneers.ie. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Bennettsauctioneers.ie, Bennettsauctioneers.ie does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that Bennettsauctioneers.ie cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Bennettsauctioneers.ie PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Bennettsauctioneers.ie SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Bennettsauctioneers.ie DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Bennettsauctioneers.ie HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Bennettsauctioneers.ie BE LIABLE FOR (i) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Bennettsauctioneers.ie OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Bennettsauctioneers.ie LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Personal, Non-Automated Use Only
You may use the Site for your own personal, non-commercial use only. You may not access the site with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Site, you must first obtain our explicit approval.
You agree to indemnify, defend and hold harmless Bennettsauctioneers.ie, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
5. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Bennettsauctioneers.ie and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Personal, Non-Automated Use Only), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of Ireland applicable to agreements made and to be performed in Ireland. You agree that any legal action or proceeding between Bennettsauctioneers.ie and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ireland . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Bennettsauctioneers.ie’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Bennettsauctioneers.ie may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Like many websites, we use “cookies” to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser’s help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.
Like many websites, our servers automatically record ‘log files’ containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.
Bennetts Auctioneers is the controller for personal information that is collected and used about you. We will treat your personal information as confidential and in accordance with all applicable data protection regulations. Your personal information will only be shared with others in accordance with this Privacy Notice.
What Personal Information We Collect & Why We Collect It
Personal information is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.
We will collect your full name and contact details (such as phone number, email address and postal address) from you whenever you engage with us.
In addition, if we are providing a service to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport, a driving licence or an identification card) and one form of documentation with proof of your place of residence (such as a recent utility bill).
How We Use Your Personal Information
Your personal data may be used by us for the purposes of:
Liaising with you prior to your decision to engage us to provide property services to you or on your behalf;
Carrying out estate agency activities on your behalf or in connection with a property which you own or are interested in acquiring, letting or bidding for
To respond to any questions or queries that you send to us
Complying with legal obligations imposed on us
To help prevent and detect fraud or loss
You will only receive promotional material from Bennetts Auctioneers if you have specifically opted in to receive same. You can opt out of receiving such promotional materials at any time by emailing email@example.com or updating your preferences/unsubscribe on the communication received.
We will request your consent before collecting or processing your data where we are required to do so under the terms of current Data Protection Legislation.
Our Legal Basis for Processing
Under applicable data protection legislation we are only permitted to use your personal information if we have a lawful basis for doing so. We rely on the following lawful basis to use your information:
Where we need information to perform the contract we have entered into with you
Where we need to comply with a legal obligation
Where the processing is necessary for us to carry out activities for which it is in our legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests,
In more limited circumstances we may also rely on the following lawful basis:
Where we need to protect your interests (or someone else’s interests); and/or
Where it is needed in the public interest or for official purposes
We may process special categories of personal information and criminal conviction information in the following limited circumstances: with your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent
How Long We Keep Your Personal Information
The period for which we will keep your personal information will depend on the type of service you have requested from us. The retention period may be longer than the period for which we are providing services to you where we have statutory or regulatory obligations to retain personal information for a longer period, or where we may need to retain the information in case of a legal claim.
The Choices We Offer & How You Can Exercise Them
You have a number of rights in relation to your personal information, these include:
The right to be informed: know how we use your personal information
The right of access: obtain access to personal information that we hold of you
The right to rectification: request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate
The right to erase (also known as the right to be forgotten): request that we erase your personal information in the following circumstances:
If we are continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected
If we are relying on consent as the lawful basis for processing and you withdraw consent
If we are relying on legitimate interests as the lawful basis for processing and you can object to this processing and there is no overriding compelling ground which enables us to continue with the processing
If the personal information has been processed unlawfully (i.e. in breach of the requirements of the information protection legislation)
If it is necessary to delete the personal information to comply with a legal obligation
The right to restrict processing: ask us to restrict our information processing activities where you consider that:
Your personal information is inaccurate
Our processing of your personal information is unlawful
Where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim
Where you have raised an objection to our use of your personal information
The right to data portability: request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
The right to object: object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information
Rights in relation to automated decision making and profiling: right not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you
If you would like to exercise any of your rights, you can do so at any time, by contacting us at firstname.lastname@example.org
Other Important Privacy Information
The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:
Our client files are stored on our secure client management systems. Access is restricted on our client systems to those within the business who are required to have access to your information for legitimate business purposes.
Hard copy documentation is stored in secure offices, locked cabinets and/or off-site at our approved suppliers for long term storage
All information is hosted in information centres which have systems and protections in place to protect against both unauthorised access, and other external factors that could cause damage to your personal information. There are strict access requirements in place and access is restricted to those absolutely necessary
We ensure access to personal information is restricted to Bennetts Auctioneers employees on a need to know basis.
Updates to this Privacy Notice
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. Please refer to our website (www.bennettsauctioneers.ie) for the most up to date version of this document.