Terms & Conditions

Our Policies

1. Available Car Limited

The Available Car Group of Companies – which we will refer to as ‘the Group’ in this document – is made up of two related businesses: Available Car Limited and Graham Bell Holdings Limited. For simplicity throughout this notice, ‘we’ and ‘us’ means the Group. As required through the Data Protection Act 2018, we the ‘group’ are the ‘Data Controller’ when assessing finance, Insurances and Warrantee’s and then the ‘Data Processor’ throughout the agreement stage. We determine the purposes for which and the manner in which personal data is processed. This means that the data controller exercises overall control over the ‘why‘ and the ‘how‘ of a data processing activity.

2. About this privacy notice:

This Data Privacy Notice contains key information and is a summarised version of our full Data Privacy policy, which is available upon request.

3. Contract

Where you are providing data to form a ‘Contract’ it is necessary for us to use your information to carry out checks for identity and suitability before we provide those services to you. In these circumstances your data is being processed as it is necessary for the purposes of entering into a contract for services that you have requested.

4. Consent

When collecting your personal data, we will always make it clear to you which data is necessary in connection with your enquiry. We use consent as our legal basis for processing personal data where the processing is conducted in order to send communications to you about our services, to exchange information for aftersales surveys or further marketing purposes. You may withdraw your consent at any time by following the contact instructions at the bottom of this privacy policy.

We would typically use this legal basis for processing your personal data in order to process an application for a vehicle loan or insurances so that you can enter into an agreement with one of our panel of funders. This legal basis for processing personal data is also used when processing personal data of those who wish to enter into a contract for employment with Available Car Limited.

5. Legal obligation

There are circumstances when we are compelled by a legal obligation to process certain personal data about individuals.  This is typically a legal basis for processing ‘proof of identity’ data when confirming a candidate’s right to work in the UK.  This will be relevant to those applicants who have successfully completed the initial stages of the recruitment process.

6. Legitimate Purposes

Data protection law also allows us to use personal information for our genuine and legitimate reasons as long as we respect your rights and freedoms. Such uses include checks for to prevent fraud and money laundering.

Legitimate interests are also our legal basis when considering the period of time to retain customer records, in order to protect the commercial interest of the company e.g. from suspected fraud or to defend against complaints for negligence.

When we rely on our legitimate interests as the legal basis for processing the information in your personal data, we will carefully consider and balance any possible effect this may have on you and your rights.

7. Secondary use of your data

Additionally, some of the information that we collect may also help us develop new and improved products and services to meet our customers’ needs.  If we use your data for these secondary purposes then we either obtain your consent for those purposes or anonymise the data so that it no longer contains information that can identify you.

8. How we use your personal data

We use your data to process any requests or orders you may place on our website or in our showrooms. If we don’t collect your personal data during our interactions with you, we won’t be able to process your requests for keys to our vehicles for security reasons and/or we wouldn’t be able to comply with our legal obligations should you place an order. We also use your data to respond to your queries or complaints. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.

9. Keeping your data safe

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, technological and managerial procedures to safeguard and secure the information we collect. It is also a condition of our contracts with any data processors that they and their sub-processors have appropriate security measures in place to protect the data being processed on our behalf. Our security measures are continually improved in line with technological developments.

10. Direct Marketing

We will only engage with you via direct marketing channels with your legitimate interest rather than express consent to do so. You have the right to stop us using personal data for direct marketing activity through all channels, or selected channels we will always comply with your request.

11. Sharing Personal Data

We may share your data with other companies in our ‘group’ and our Finance and Insurance/Warrantee third party bodies as listed below:

Assurant – (Assurant Group Ltd, Assurant General Insurance Group) Registered Office: Emerald Buildings, Westmere Drive, Crewe, Cheshire, CW1 6UN

Branko Limited – Registered office: 4b Victoria Road, Linsdale, Leighton Buzzard, LU7 2NT

Black Horse Limited – Registered office: 25 Gresham Street, London EC2V 7HN

Evolution Funding Limited – Registered office: Thompson Close, Chesterfield, S41 9AZ

Santander Consumer (UK) Plc – Registered office: 86 Station Road, Redhill, Surrey, RH1 1SR

Startline Motor Finance Limited – Registered office: 6th Floor 60 Gracechurch Street, London, EC3V 0HR

We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some/all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may, from time to time, share such data with third parties, such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, under issue of a court order or at the request of a governmental authority.

9.1. Third Parties

Google Analytics

We use Google Analytics, owned by Google, to collect, monitor, and analyse traffic to Our website.

Google collects data about the device you are using, device type, browser information and device screen size. Google also collects your IP Address which is used to approximate your location.

Google does not share your IP Address with Us, which in turn does not allow Us to identify you as an individual.

For further details on how Google Analytics uses and protects your data, please see Google’s privacy policy here. You may also opt-out of Google Analytics tracking by installing this browser plugin, provided by Google.

Liveperson

We use Liveperson to communicate with Our customers, using the live chat widget located on our website.

Liveperson does not share your Transcripts, Surveys or Recordings with any other third party other than the Liveperson customer (Us). If you elect to engage in any communication session or other engagement session using Liveperson’s services, it is up to you to decide what, if any, information to provide during such a session.

12. What Data do we collect

We will only collect the minimal amount of data required to fulfil your request or our legal obligations and our legitimate interests and includes the following:

Data:

NameAddressPhone numberDate of birthEmail addressVehicle information

Reason:

Required to respond to your queries submitted via our website

Data:

Digital Footprint (IP Address, Browser Meta Data, Device Meta Data)

Reason:

Required for maintaining the security of our systems and to prevent abuse.



13. How Long We Keep Your Personal Information 

Your personal information will in principle be retained no longer than necessary for the aforementioned purposes. This means that your personal information will in principle be retained no longer than 7 years after termination or cancellation of your finance or insurance/warranty cover to respond to questions, complaints or enquiries. However, we may retain your personal information longer if this is required to comply with a law or regulation to which we are subject or necessary for us to protect or exercise our rights, to the extent allowed under applicable data protection law.  

14. Your rights

You have the ultimate right to:

  • Information:- To be informed about the processing being carried out by us.

  • Access:- Subject to certain exemptions, to obtain a copy of the personal data being processed.

  • Rectification: – To have inaccurate data rectified.

  • Erasure:- To have personal data erased upon request, subject to certain exemptions.

  • Data Portability:- In certain circumstances have automated data returned to you, or sent direct to another controller, in a structured, commonly used and machine-readable format.

  • Objection:- The absolute right to object to direct marketing and a qualified right to object to processing based on the controller’s legitimate interests, including profiling.

  • Automated decision-making:- Not to be subject to decisions based solely on automated processing.

If we do not handle your validated request within 1 month of receipt, then you have the right of referral to the ICO who act as the data protection arbitrator. Details of how to contact the ICO are at https://ico.org.uk/global/contact-us/

15. Contact

Group Compliance Officer

We have a ‘Group Compliance Officer’ who is responsible for matters relating to privacy and data protection. The Data Protection Officer can be reached at the following address:

Sarah Gadsby
Group Compliance Manager
Available Car Limited
sarahgadsby@availablecar.com

16. Changes to this privacy notice:

It is likely that we will need to update this Privacy Notice from time to time. You are welcome to come back and check it whenever you wish.

This Privacy Policy was last modified on 17th June 2021.

Terms of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website availablecar.com (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you agree that you accept these terms of use and abide by them. If you do not agree to these terms of use, please refrain from using our site.

Privacy Policy

Please see our Privacy Policy.


Information about us

Availablecar.com and isyourcaravailable.com is operated by Available Car Limited (“We”). We are family-owned used car retailer, and one of the UK’s leading used car supermarket groups in the East and West Midlands and in the North of England. We are registered in England and Wales under company number 04318082 and have our registered office at Station Road, Castle Donington, Derby, DE74 2NL. Our VAT number is GB 785771475.

The business operates one of the UK’s most popular online clicks and mortar car dealership websites from four vast retail locations. Two are based in the East Midlands, one in the West Midlands and one in West Yorkshire. Each supermarket offers over 30 exciting used car brands, which retail between £4,000 to £34,000 and each one comes with the unique Available Car Price Promise and the Available Car Provenance schemes. Every vehicle is checked and prepared to the highest standards, offering exceptional value for money.

Available Car prides itself on working hard to deliver outstanding customer service to every customer, pioneering a non-motor trade retail concept, which is not to sell cars to customers, it is simply to help them to buy.

The four Car Supermarket sites are located at:


CASTLE DONINGTON

This is the original Available Car site, which opened in January 2002 and extends to four buildings on 12.5 acres. It has in excess of 50,000 square feet of showroom and preparation centres. This head office site currently employs 244 and has the capacity to stock for sale 1,450 cars.


SUTTON-IN-ASHFIELD

This site opened in April 2007 and is a two part site with two buildings on 9 acres and 69,500 square feet of showroom and preparation centres. The site currently employs 151 and has the capacity to stock for sale 1,050 cars.


CANNOCK

This site opened in June 2013 and is a 14-acre three-part site with four buildings on 49,000 square feet of showroom and preparation centres. The site currently employs 190 and has the capacity to stock for sale 1,450 cars.


LEEDS, West Yorkshire (M62)

This is the most recent site, which opened for trading in January 2016, and is a 10.07-acre site with 116,000 square feet of showroom and preparation centres. A further 4.7 acres adjoining the site and M62 motorway have been acquired for future development. The site employs 127 and Leeds now has the capacity to stock 1,500 cars for sale. Future expansion plans of the 4.7 acres will enable the site to employ over 320 staff and to stock 2,500 cars for sale.


Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.


Intellectual property rights

This website is published by Available Car Limited. All website design, text, graphics, the typographical arrangement thereof, and all other material on this website is copyright of Available Car Limited unless otherwise stated.

Permission is hereby granted to electronically copy and to print hard copy portions of this website for the sole purpose of using this as an information resource for Available Car Limited products. Any other use of materials on this website, including reproduction for purposes other than the above, modification, distribution or republication without the prior written permission of Available Car Limited is prohibited.

The trademarks, logos and service marks shown on this website, unless otherwise specified, are the trademarks of Available Car Limited. No rights are granted to use any of them in any manner whatsoever.


Product specification

Whilst we make every effort to ensure the information displayed on our website is accurate, some information is time sensitive and some information is supplied by 3rd parties and as such we cannot be held liable for the accuracy of this information. If you require any specific details, please consult the Available Car Limited. Some illustrations in this website do not necessarily reflect the car that may be available.

Please check model availability and full specification details with a member of the Available Cars sales team prior to ordering.


Pricing

Our site contains a large number of used car stock and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. Always finalise prices with a member of the AvailableCar’s sales team.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. We are not liable for any action you may take as a result of relying on such information or advice nor for any loss or damage suffered by you as a result of you taking such action.


Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


Availability of our site

We cannot guarantee that our site will always be accessible due to the nature of the internet, as our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.


Emails and Information sent to us

Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited, to their security or confidentiality). We do not, to the extent permitted by law, accept any liability as set out above for any external compromise of any security and/or confidentiality in relation to transmissions sent by email.


Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


Viruses, Hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


Linking to our site

You must not create links to any part of our site without our prior permission. If you wish to request such permission, please email us. Linked web sites whether permitted or not do not have implied affiliation with our site.


Copyright

All rights, including copyright and database right, on our site and its contents, are owned by Available Car limited, or otherwise used by Available Car limited as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from the copyright holder.

You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.

We reserve the right to use for its own purposes any material submitted to the site, including text and images, either on the site or in any other form, including for publicity purposes.  We reserve the right to monitor submissions to the site and to edit or reject any submissions.


Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.


Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.


Concerns

If you have any concerns about material which appears on our site, please feel free to write to us or email to:

Sarah Gadsby
Group Compliance Manager
Station Road
Castle Donington
Derby
DE74 2NL

Enquiries.donington@availablecar.com

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