Privacy
& Legal Statement
This
document declares the undertakings by MP center in relation to its handling of
your data.
Data Collection
Bopro
nv undertakes to collect your data by means that are:
- fair;
- legal; and
- transparent.
If you visit MP center's web-site, your web-browser automatically discloses, and Bopro
nv's web-server automatically logs, the following information: the date and
time, the IP address from which you issued the request, the type of browser and
operating system you are using, the URL of any page that referred you to the
page, the URL you requested, and whether your request was successful. This data
may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a
web-form, may also be logged. This
data may or may not be sufficient to identify you.
Any additional data that your web-browser
automatically provides may
also be logged. This will be the case, for example, if your browser has
previously been requested to store data on your computer in 'cookies'
and submits them each time you request a web-page within a particular domain
(such as MP center.com). This data may or may not be sufficient to identify you.
If you disclose personal data to MP center in
conjunction with an identifier such as your name or your credit-card details, MP center will collect your data. Moreover, any data
that becomes available to MP center through any of the means described in the
preceding paragraphs may be able to be associated with that identifier, and hence
become your data.
Subject
to the qualifications immediately below, MP center undertakes to collect your
data from you and not from other parties. This undertaking is
qualified as follows:
- where MP center reasonably considers that the
protection of its financial interests requires that it gather your data
from other sources, or from additional sources. This applies in particular
where MP center has a lending exposure to you, and seeks information about
your creditworthiness;
- where MP center reasonably considers that its
capability to deliver quality services to you will be materially enhanced
by gathering your data from other sources. This applies in particular to
consumer profile data.
Where MP center collects your data from sources other
than you, it undertakes:
- to do so only by legal means;
- to do so only with your consent; and
- to declare to you what sources it uses, and under
what circumstances.
Bopro
nv undertakes to declare the purpose of collection in a manner
which is clear and meaningful, and to avoid vague, highly inclusive statements
such as 'to support our operations'.
Data Security
MP center undertakes to store your data in a manner that ensures
security against unauthorised access, alteration or deletion, at a level commensurate
with its sensitivity.
MP center undertakes to store your data only in jurisdictions where
data protections are at least equivalent to those required under the OECD
Guidelines.
MP center undertakes to transmit your data in a manner that ensures
security against unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
MP center undertakes to implement appropriate measures to ensure security of
your data against inappropriate behaviour by MP center's staff-members and
contractors. These include:
- training for staff in relation to privacy;
- access control, to limit access to your data to
those staff and contractors who have legitimate reasons to access it;
- particularly in the case of sensitive data, audit
trails of accesses, including the identities of staff and contractors
accessing the data;
- reminders to staff and contractors from time to
time about the importance of data privacy, and the consequences of
inappropriate behaviour;
- declaration of appropriately strong sanctions
that are to be applied in the event of inappropriate behaviour
- clear communication of policies and sanctions;
and
- processes to audit, to investigate and to impose
sanctions.
Data Use
Use
refers to the application of your data by any part of MP center, or any
staff-member or contractor of MP center in the course of their work.
MP center undertakes to use your data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently
agreed between MP center and You;
- such additional purposes as may be required
by law. In these circumstances, MP center will take any reasonable
steps available to it to communicate to You that the use has occurred,
unless it is precluded from doing so by law; and
- such additional purposes as are authorised
by law (in particular to protect MP center's interests, e.g. if it
believes on reasonable grounds that You have failed to fulfil your
undertakings to MP center or have committed a breach of the criminal law).
Bopro
nv undertakes to use your data only if it has demonstrable relevance
to the particular use to which it is being put.
Bopro
nv undertakes to use your data in such a manner as to take into account the
possibility that it is not of sufficient quality for the purpose,
e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
Data Disclosure
Disclosure
refers to making your data available to any party other than MP center and You.
The term disclosure may include many different conditions of data transfer,
including selling, renting, trading, sharing and giving.
Bopro
nv undertakes to disclose your data only under the following circumstances:
- in the course of business being conducted between
You and MP center, where
disclosure is necessary to a contractor, such as a transport company.
Where your data is disclosed in this way, MP center undertakes to exercise
control over MP center's contractors to ensure that their actions are
compliant with these Terms;
- in other circumstances that are directly implied
by the purpose agreed between You and MP center at the time of data collection or
subsequently. Where your data is disclosed in this way, MP center
undertakes to exercise control over MP center's contractors to ensure that
their actions are compliant with these Terms;
- with your consent, or at your request;
- where required by law, such as a provision of a statute, or a
court order such as a search warrant or sub poena. In these circumstances,
MP center will take any reasonable steps available to it to communicate to
You that the disclosure has occurred, unless it is precluded from doing so
by law;
- where permitted by law (e.g. the reporting of suspected breach
of the criminal law to a law enforcement agency; and in an emergency,
where MP center believes on reasonable grounds that the disclosure of your
data will materially assist in the protection of the life of health of
some person), provided that MP center will apply due diligence to ensure
that the exercise of the permission is justifiable.
In
all cases, MP center undertakes to disclose only such of your data as is
necessary in the particular circumstances.
Data Retention and Destruction
Subject
to the qualifications immediately below, MP center undertakes:
- to retain your data only as long
as is consistent with its purpose; and
- to destroy your data when its
purpose has expired, and to do so in such a manner that your data is not
subsequently capable of being recovered.
This
undertaking is qualified as follows:
- your data may be retained in MP center's logs,
backups and audit trails within short-term retention cycles that
are devised to protect the company's operations. In such cases, your data
will be destroyed in accordance with those cycles;
- your data may be retained beyond the expiry of
its purpose if that is required by law, such as a
provision of a statute, or a court order such as a search warrant or sub
poena, or a warning by a law enforcement agency that delivery of a court
order is imminent. In these circumstances, MP center:
- will take any reasonable steps available to it
to communicate to You that your data is being retained, unless it is
precluded from doing so by law; and
- will only retain your data while that provision
is current, and will then destroy your data;
- your data may be retained beyond the expiry of
its purpose if it is authorised by law (in particular to
protect MP center's interests, e.g. if it believes on reasonable grounds
that You have failed to fulfil your undertakings to MP center or have committed
a breach of the criminal law). In these circumstances, MP center will only
retain your data while that situation is current, and will then destroy
your data.
Access by You to Your Personal
Data
Bopro
nv undertakes to provide you with access to your data, subject
to only such conditions and processes as are reasonable in the circumstances.
In particular, MP center undertakes to enable access:
- conveniently;
- without unreasonable delay; and
- without cost.
Bopro
nv undertakes to establish and operate identity authentication
protections for access to your data that are appropriate to its
sensitivity, but practical. This may involve some inconvenience; for example,
relatively straightforward procedures may be involved in order to provide you
with access through a channel that you have previously registered with MP center
(such as a particular email-address), but may impose more onerous procedures if
you wish to use some other channel.
In
the event that you dispute some aspect of your data, MP center undertakes to
take reasonable steps in relation to the amendment, supplementation or
deletion of your data.
You
undertake:
- not to seek access for frivolous purposes, or
unreasonably frequently;
- to accept that deletion of some data may not be
consistent with the provision of particular services by MP center to you.
Information about Data-Handling
Practices
Bopro
nv undertakes to make information available to you about the manner in which
MP center handles your data:
- in general terms, in a readily accessible manner;
and
- in more specific terms, on request.
Where
your data is disclosed to a contractor, MP center undertakes to make information
available to you on request about the manner in which MP center's contractors
handle your data.
Bopro
nv undertakes to ensure that the information provided is meaningful, and
addresses your concerns.
You
undertake:
- not to seek such information for frivolous
purposes, or unreasonably frequently; and
- to accept that the disclosure of excessive detail
may harm the security of your data and MP center's business processes, and
may harm MP center's commercial interests.
Handling of Enquiries, General
Concerns and Complaints
If
you have enquiries, general concerns, or complaints about these Terms, or about
MP center's behaviour in relation to these Terms, you undertake:
- to communicate them in the first
instance:
- to MP center only;
- in sufficient detail;
- through a channel made available by MP center for
that purpose;
Bopro
nv undertakes:
- to provide one or more channels for
communications to MP center, which are convenient to users;
- to promptly provide acknowledgement
of the receipt of communications, including the provision of a copy of the
communication, the date and time it was registered, and MP center's
reference-code for the communication;
- to promptly provide a response
to the communication, in an appropriate and meaningful manner.
You
further undertake to not pursue MP center through any Regulator or the
media:
- until and unless MP center has had a reasonable
opportunity to respond to the initial communication; and
- while MP center and you remain are conducting a
meaningful dialogue about the matter.
Enforcement
Bopro
nv declares that its undertakings in these Terms are intended to create legal
obligations, and that those obligations are intended to be enforceable
under appropriate laws in appropriate jurisdictions. These include laws
relating to data protection, privacy, fair trading, corporations and criminal
laws.
You
undertake to seek enforcement only in a jurisdiction that is
relevant to the transactions that have taken place between You and MP center, in
particular the jurisdiction in which you live or in which you performed the
relevant acts, and the jurisdiction in which MP center is domiciled or performed
the relevant acts.
If
you wish to discover the relevant laws in any particular
jurisdiction, MP center draws your attention to the following resources:
Changes to These Privacy
Undertakings
Bopro
nv undertakes:
- not to materially change these Terms in a manner
that reduces the protections for your data;
- to take all possible steps to prevent any company
that acquires this company or any of its relevant assets from materially
changing the Terms applicable to your data in a manner that reduces the
protections for your data;
- where it is considering making changes to these
Terms, or creating more specific Terms relating to specific services, to
consult with appropriate representative and advocacy organisations;
- where it makes changes to these Terms, to ensure
that the differences between successive versions are readily accessible;
- to maintain all prior versions of these Terms in
such a manner that they are dated, and readily accessible.