Thanks for using our products and services (“Services”). The Services are provided by OnTheMarket plc. (“OnTheMarket”), PO Box 450, 155-157 High Street, Aldershot GU11 9FZ, UK. By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our ServicesYou must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not OnTheMarket's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Warranties and DisclaimersWe provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ONTHEMARKET NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our ServicesWHEN PERMITTED BY LAW, ONTHEMARKET, AND ONTHEMARKET'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ONTHEMARKET, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, ONTHEMARKET, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our ServicesIf you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify OnTheMarket and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these TermsWe may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between OnTheMarket and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of England, UK will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in England, and you and OnTheMarket consent to personal jurisdiction in those courts. For information about how to contact OnTheMarket, please visit our contact us page.
- What information we collect and why we collect it.
- How we use that information.
- The choices we offer, including how to access and update information.
Information that we collectWe collect information to provide better services to all of our users, and inform them of OnTheMarket changes, progress, presentations, and press releases. We collect information in two ways:
- Information that you give us - registering. We will ask for personal information, such as your name, email address, and telephone number.
- Information that we get from your use of our services. We may collect information about the way you use the OnTheMarket sites, such as when you visit or how you interact with our content. This information includes:
- Device information We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers). OnTheMarket may associate your device identifiers with your OnTheMarket Account.
- Log information
When you use our services or view content provided by OnTheMarket, we may automatically collect and store certain information in server logs. This may include:
- Details of how you used our service, such pages you visited.
- Internet protocol address.
- Device event information, browser type, browser language, the date and time of your request and referral URL.
- Cookies that may uniquely identify your browser or OnTheMarket Account.
- Local storage We may collect and store information (including personal information) locally on your device, using mechanisms such as browser web storage (including HTML 5) and application data caches.
- Cookies and anonymous identifiers We use various technologies to collect and store information when you visit an OnTheMarket service, which may include one or more cookies or anonymous identifiers sent to your device.
How we use information that we collectWe use the information that we collect from all of our services to provide, maintain, protect and improve them, to develop new ones and to protect OnTheMarket and our users. We may also use this information to offer you tailored content and communications. We may use your email address to inform you about OnTheMarket press releases, such as informing you about upcoming changes, presentations, or progress. When you contact OnTheMarket, we may keep a record of your communication to help resolve any issues that you might be facing. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. OnTheMarket processes personal information on servers in several countries. We may process your personal information on a server located outside the country where you live, but these servers will either be within the EU and covered by EU law, or will be covered by EU Privacy Shield agreements.
Transparency and choicePeople have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
- Review and control certain types of information tied to your OnTheMarket Account by using the edit registration form.
- Take information out of your OnTheMarket Account by using the edit registration form.
Accessing and updating your personal informationWhenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes). Where we can provide information access and correction, we will do so free of charge, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information that we shareWe do NOT share personal information with companies, organisations and individuals outside of OnTheMarket unless we have your consent to do so.
- For legal reasons
We will share personal information with companies, organisations or individuals outside OnTheMarket if we have a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, legal process or enforceable governmental request.
- Enforce applicable Terms of Service, including investigation of potential violations.
- Detect, prevent or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of OnTheMarket, our users or the public, as required or permitted by law.
Information securityWe work hard to protect OnTheMarket and our users from unauthorised access to or unauthorised alteration, disclosure or destruction of information that we hold. In particular:
- We encrypt many of our services using SSL.
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
- We restrict access to personal information to OnTheMarket employees, contractors and businesses who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. They may be disciplined or have their contract terminated if they fail to meet these obligations.
- Anonymous identifier
- OnTheMarket Account
- IP address
- Non-personally identifiable information
- Personal information
- Pixel tag
- Server logs
- Unique device identifier
Anonymous identifierAn anonymous identifier is a random string of characters that is used for the same purposes as a cookie on platforms, including certain mobile devices, where cookie technology is not available.
CookieA cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
OnTheMarket AccountYou may access some of our services by signing up for an OnTheMarket Account and providing us with some personal information (such as your email address and a password). This account information will be used to authenticate you when you access OnTheMarket services and protect your account from unauthorised access by others. You can edit your account at any time through your OnTheMarket Account settings.
IP addressEvery computer connected to the Internet is assigned a unique number known as an Internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country from which a computer is connecting to the Internet.
Non-personally identifiable informationThis is information that is recorded about users so that it no longer reflects or references an individually identifiable user.
Personal informationThis is information which you provide to us which personally identifies you, such as your name, email address or phone number, or other data which can be reasonably linked to such information by OnTheMarket.
Pixel tagA pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.
Server logsLike most websites, our servers automatically record the page requests made when you visit our sites. These server logs typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Here is an example of a typical log entry, followed by a breakdown of its parts:
172.16.254.1 - 03/Aug/2017 10:15:32 - https://www.onthemarket.com/ - Mozilla/5.0 (Windows NT 6.2; WOW64) AppleWebKit/537.36 - 740674ce2123e969
172.16.254.1is the Internet Protocol address assigned to the user by the user's ISP; depending on the user's service, a different address may be assigned to the user by their service provider each time that they connect to the Internet;
03/Aug/2017 10:15:32is the date and time of the query;
https://www.onthemarket.com/is the URL requested;
Mozilla/5.0 (Windows NT 6.2;is the browser and operating system being used; and
740674ce2123a969is the unique cookie ID assigned to this particular computer the first time that it visited OnTheMarket. (Cookies can be deleted by users. If the user has deleted the cookie from the computer since the last time s/he visited OnTheMarket, then it will be the unique cookie ID assigned to the user the next time that s/he visits OnTheMarket from that particular computer.)
Unique device identifierA unique device identifier is a string of characters that is incorporated into a device by its manufacturer and can be used to uniquely identify that device. Different device identifiers vary in how permanent they are, whether they can be reset by users and how they can be accessed. A given device may have several different unique device identifiers. Unique device identifiers can be used for various purposes, including security along with fraud detection, and remembering the user's preferences.
Types of cookies used by OnTheMarketLast modified: 9 Feb 2018 We use different types of cookies to run OnTheMarket websites and ads-related products. Some or all of the cookies identified below may be stored in your browser.
|Category of use||Example|
These cookies allow our websites to remember information that changes the way the site behaves or looks, such as your preferred language or the region you are in. For instance, by remembering your region, a website may be able to provide you with local weather reports or traffic news. These cookies can also assist you in changing text size, font, and other parts of web pages that you can personalise.
Loss of the information stored in a preference cookie may make the website experience less functional but should not prevent it from working.
Most OnTheMarket users will have a preferences cookie in their browsers. A browser sends this cookie with requests to OnTheMarket sites. The cookie contains a unique ID OnTheMarket uses to remember your preferences and other information, such as your preferred language (e.g. English), and how many search results you wish to have shown per page (e.g. 10 or 20).
We use security cookies to authenticate users, prevent fraudulent use of login credentials, and protect user data from unauthorised parties.
Process cookies help make the website work and deliver services that the website visitor expects, like navigating around web pages or accessing secure areas of the website. Without these cookies, the website cannot function properly.
Websites often collect information about how users interact with a website. This may include the pages users visit most often and whether users get error messages from certain pages. We use these so-called ‘session state cookies’ to help us improve our services, in order to improve our users’ browsing experience. Blocking or deleting these cookies will not render the website unusable.
These cookies may also be used to anonymously measure the effectiveness of PPC (pay per click) and affiliate advertising.
Google Analytics is Google’s analytics tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to OnTheMarket. The main cookie used by Google Analytics is the ‘__ga’ cookie.