Privacy Policy

 

This Privacy Policy sets out how we Cleartext Ltd collect, store and use information about you when you use or interact with our website www.cleartext.com, www.cleartextsystems.com and www.ingenuitysystems.com (our websites) and where we otherwise obtain or collect information about you. This Privacy Policy is effective from 25th May 2018.

 

Contents[1]

Summary

Our details

Information we collect when you visit our website

Information we collect when you contact us

Information we collect when you interact with our website

Information we collect when you place an order [on our website

Our use of automated decision-making and profiling][2]

How we collect or obtain information about you from third parties

Disclosure and additional uses of your information

How long we retain your information

How we secure your information

Transfers of your information outside the European Economic Area

Your rights in relation to your information

Your right to object to the processing of your information for certain purposes

Sensitive Personal Information

Changes to our Privacy Policy

Children’s Privacy

California Do Not Track Disclosures

Copyright, credit and logo

 

Summary[3]

This section summarises how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

Data controller: Cleartext Ltd

 

How we collect or obtain information about you:

when you provide it to us (e.g. by contacting us, placing an order on our website, contacting us or by signing up to our e-newsletter),

from your use of our website, using cookies and similar technologies], and

occasionally, from third parties.

 

Information we collect: name, contact details, payment information e.g. your credit or debit card details, IP address, information from cookies, information about your computer or device (e.g. device and browser type), information about how you use our website (e.g. which pages you have viewed, the time when you view them and what you clicked on, the geographical location from which you accessed our website (based on your IP address), company name or business name (if applicable), VAT number (if applicable).

 

How we use your information: for administrative and business purposes (particularly to contact you and process orders you place on our website), to improve our business and website, to fulfil our contractual obligations, to advertise our goods and services, to analyse your use of our website, and in connection with our legal rights and obligations.

 

Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to fulfil any contracts we enter into with you, where required by law or to enforce our legal rights.

 

Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No

 

How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, performance of a contract with you or our legitimate interests as a business). For specific retention periods in relation to certain information which we collect from you, please see the main section below entitled How long we retain your information.

 

How we secure your information: using appropriate technical and organisational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, encrypting payments you make on or via our website using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary and encrypting email transfers of data to or from our servers using Transport Layer Security(TLS) technology.

 

Use of cookies and similar technologies: we use cookies and similar information-gathering technologies such as web beacons on our website including essential, functional, analytical and targeting cookies. For more information, please visit our cookies policy here: http://www.cleartext.com/cookies/

 

Transfers of your information outside the European Economic Area: We will only transfer your information outside the European Economic Area if we are required to do so by law OR in certain circumstances we transfer your information outside of the European Economic Area, including to the following countries: The United States of America. Where we do so, we will ensure appropriate safeguards are in place, the third parties we use who transfer your information outside the European Economic Area have self-certified themselves as compliant with the EU-U.S. Privacy Shield.

 

Use of automated decision making and profiling: we use automated decision making and profiling. Our website uses web analytics, cookies, web beacons or server logs analysis tools (profiling) or uses targeting cookies to display advertisements to people who visit our website on other websites around the internet (e.g. using the Google AdSense network) (automated decision making)].

 

Your rights in relation to your information

to access your information and to receive information about its use

to have your information corrected and/or completed

to have your information deleted

to restrict the use of your information

to receive your information in a portable format

to object to the use of your information

to withdraw your consent to the use of your information

not to have significant decisions made about you based solely on automated processing of your information, including profiling

to complain to a supervisory authority

 

Sensitive personal information: we do not knowingly or intentionally collect what is commonly referred to as ‘sensitive personal information’. Please do not submit sensitive personal information about you to us. For more information, please see the main section below entitled Sensitive Personal Information.[4]

 

Our details

The data controller in respect of our website is Cleartext Ltd (company registration number: 07815947) of Kings Head House, 15 London End, Beaconsfield,
Buckinghamshire, HP9 2HN, United Kingdom. You can contact the data controller by writing to our registered address or sending an email to info@cleartext.com.

If you have any questions about this Privacy Policy, please contact the data controller.

 

Information we collect when you visit our website

We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.

 

Web server log information

We use a third party server to host our website called Rackspace the privacy policy of which is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter . Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as [he pages accessed, information requested,  the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.

Use of website server log information for IT security purposes

We and our third party hosting provider collect(s) and store(s) server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber attacks, by detecting unusual or suspicious activity.

Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.

Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.

Legal basis for processing: our and a third party’s legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: we and our third party hosting provider have a legitimate interest in using your information for the purposes of ensuring network and information security.


Use of website server log information to analyse website use and improve our website

We use the information collected by our website server logs to analyse how our website users interact with our website and its features. For example, we analyse the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser used.

We use the information gathered from the analysis of this information to improve our website. For example, we use the information gathered to change the information, content and structure of our website and individual pages based according to what users are engaging most with and the duration of time spent on particular pages on our website.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: improving our website for our website users and getting to know our website users’ preferences so our website can better meet their needs and desires.]
[5]

 

Cookies and similar technologies

Cookies are data files which are sent from a website to a browser to record information about users for various purposes.

We use cookies and similar technologies on our website, including essential, functional, analytical and targeting cookies and web beacons. For further information on how we use cookies, please see our cookies policy which is available here: https://www.cleartext.com/cookies

You can reject some or all of the cookies we use on or via our website by changing your browser settings [or non-essential cookies by using our cookie control tool], but doing so can impair your ability to use our website or some or all of its features. For further information about cookies, including how to change your browser settings, please visit www.allaboutcookies.org or see our cookies policy.

 

Information we collect when you contact us

We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.

 

Email

When you send an email to the email address displayed on our website we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

 

Transfer and storage of your information

We use third party email providers to store email you send us. Our third party email providers are Rackspace, Proofpoint, Catalyst, SendGrid and SendinBlue located in the United States of America and the Eu. Only Rackspace is NOT in the Eu their Rackspace privacy policy is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter.

Emails you send us will be stored within and outside the European Economic Area on our third party email provider’s servers in the United States of America. For further information please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.

 

Contact form

When you contact us using our contact form, we collect contact information about you e.g. name, email address, phone number and IP address. We also collect any other information you provide to us when you complete the contact form, including any optional information, such as: mobile phone number or company name.

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your enquiry.

If you do not supply the optional information required by our contact form we may not be able to respond to your enquiry.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

 

Transfer and storage of your information

Messages you send us via our contact form will be stored within and outside the European Economic Area on our third party hosting and email provider’s] servers in the Eu and United States of America. Our third party email providers are Rackspace, Proofpoint, Catalyst, SendGrid and SendinBlue located in the United States of America and the Eu. Only Rackspace is NOT in the Eu their Rackspace privacy policy is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

 

Phone

When you contact us by phone, we collect your phone number and any information provide to us during your conversation with us.

We do not record phone calls.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

 

Transfer and storage of your information

Information about your call, such as your phone number and the date and time of your call, is processed by our third party telephone service provider ip-eXchange which is located in the UK. Their privacy policy is available here: https://www.ipexchange.global/About/Privacy

Information about your phone call will be stored by our third party telephone service provider within the European Economic Area. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

 

Post

If you contact us by post, we will collect any information you provide to us in any postal communications you send us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

 

Information we collect when you interact with our website

We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.

 

E-Newsletter

When you sign up for our e-newsletter on our website or opt to receive news, offers and alerts from us by entering your name and email address and clicking subscribe or ticking a box at checkout indicating that you would like to receive our e-newsletter, we collect your contact information such as your name and email address.

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: you give your consent to us sending you our e-newsletter by signing up to receive it using the steps described above.

 

Transfer and storage of your information

We use a third party service to send out our e-newsletter and administer our mailing list, Campaign Monitor. Their privacy policy is available here: https://www.campaignmonitor.com/policies/#privacy-policy

Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in the United States of America. For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Use of web beacons and similar technologies in emails.

We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the [delivery rates, open rates and click through rates which our emails achieve.  We will only use web beacons in our emails if you have consented to us doing so.

For more information on how we use web beacons in our e-newsletter emails, see our cookies policy which is available here: https://www.cleartext.com/cookies

For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: https://www.campaignmonitor.com/policies/

 

 

Registering on our website

When you register and create an account on our website, we collect the following information: your  organisations name, your name, email address, phone number, IP address and any other information you provide to us when you complete the registration form.

If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on our website.

If you do not supply the optional information requested by our registration form, we may not be able to respond to your enquiry.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: registering and administering accounts on our website to [insert purpose e.g. to provide access to content] [and facilitate the running and operation of our business.

Transfer and storage of your information

Information you submit to us via the registration form on our website will be stored within the European Economic Area on our third party hosting provider’s servers in the UK and USA. Our third party hosting provider is Rackspace. [Their privacy policy is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

 

Information we collect when you place an order

We collect and use information from individuals who place an order on our website in accordance with this section and the section entitled Disclosure and additional uses of your information.

 

Information collected when you place an order

Mandatory information

When you place an order for goods or services on our website, we collect your name, email address, billing address, shipping address, company name (if applicable), VAT number (if applicable).

If you do not provide this information, you will not be able to purchase goods or services from us on our website or enter into a contract with us.

Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we need the mandatory information collected by our checkout form to establish who the contract is with and to contact you to fulfil our obligations under the contract, including sending you receipts and order confirmations.
[6]

Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to issue you with an invoice for the goods and services you purchase from us where you are VAT registered and we require the mandatory information collected by our checkout form for this purpose. We also have a legal obligation to keep accounting records, including records of transactions].

 

Optional information

We also collect optional information from you, such as your phone number, information about how you heard about us. We also ask you if you would like to receive marketing communications from us. For further information, see ‘Marketing communications’ in this section below.

If you do not supply the optional information requested at checkout, we may not be able to process your order.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: finding out how you heard about us to improve our business’ advertising methods or to be able to contact you by phone or email where (if necessary) in relation to your order

AND

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).
Legitimate interests: you consent to us processing any optional information you provide by submitting that information to us.

 

Processing your payment

After you place an order on our website you will need to make payment for the goods or services you have ordered. In order to process your payment we use third party payment processors, including PayPal. Your payment will be processed by PayPal via a payment gateway.

PayPal collects, uses and processes your information, including payment information, in accordance with their privacy policies. You can access their privacy policies via the following link(s): https://www.paypal.com/en/webapps/mpp/ua/privacy-full

Transfer and storage of your information

PayPal is located in United States of America. Information relating to the processing of your payment is stored outside the European Economic Area on PayPal’s servers in The United States of America.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: to fulfil your contractual obligation to pay for the goods or services you have ordered from us.

 

Marketing communications

At checkout you will have the option of receiving marketing communications from us.

 

Our similar goods and services[7]

You can opt-in to receiving marketing communications in relation to our goods and which are similar to those which you purchase from us, by ticking the opt in tick box.

We will only send you marketing communications in relation to similar goods and services if you opt in to receiving them.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: direct marketing and advertising our products and services.]

 

Transfer and storage of your information

We use a third party service to administer our mailing list Campaign Monitor[8]

Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in The United States of America.  For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Use of web beacons [and similar technologies] in emails

We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve. We will only use web beacons.

For more information on how we use web beacons in our emails, see our cookies policy which is available here: https://www.cleartext.com/cookies

For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: https://www.campaignmonitor.com/policies/

 

Our goods and services

You can opt in to receiving marketing communications from us in relation to our goods and services by email, phone, and post by ticking a box indicating that you would like to receive such communications.

We will send you marketing communications in relation to our goods and services only if you opt-in to receive them.

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: you give your consent to us sending you information about our goods and services by signing up to receive such information in accordance with the steps described above.

 

Transfer and storage of your information

We use a third party service to administer our mailing list Campaign Monitor[9]

Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in The United States of America.  For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Use of web beacons [and similar technologies] in emails

We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve. We will only use web beacons.

For more information on how we use web beacons in our emails, see our cookies policy which is available here: https://www.cleartext.com/cookies

For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: https://www.campaignmonitor.com/policies/

[Third party goods and services][10]

In addition to receiving information about our products and services you can opt in to receiving marketing communications from us in relation third party goods and services by email, phone, and post by ticking a box indicating that you would like to receive such communications.

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: you give your consent to us sending you information about third party goods and services by signing up to receive such information in accordance with the steps described above.

Transfer and storage of your information

We use a third party service to administer our mailing list Campaign Monitor[11]

Information you submit to subscribe for our e-newsletter will be stored outside the European Economic Area on our third party mailing list provider’s servers in The United States of America.  For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.

Use of web beacons [and similar technologies] in emails

We use technologies such as web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve. We will only use web beacons.

For more information on how we use web beacons in our emails, see our cookies policy which is available here: https://www.cleartext.com/cookies

For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: https://www.campaignmonitor.com/policies/

 

Information collected or obtained from third parties

This section sets out how we obtain or collect information about you from third parties.

Information received from third parties

Generally, we do not receive information about you from third parties.

It is also possible that third parties with whom we have had no prior contact may provide us with information about you.

Information we obtain from third parties will generally be your name and contact details, but will include any additional information about you which they provide to us.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where a third party has passed on information about you to us (such as your name and email address) in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or services by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.

For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.

Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.

 

Where we receive information about you in error

If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

 

Information obtained by us from third parties

In certain circumstances (for example, to verify the information we hold about you or obtain missing information we require to provide you with a service) we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as the electoral register, Companies House, online customer databases, business directories, media publications, social media, and websites (including your own website) .

In certain circumstances will also obtain information about you from private sources, both EU and non-EU, such as from data brokers.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to understand your business and provide services to you or services to a sufficient standard.

For example, we would obtain and/or verify your email address from your website or from a directory where you ask us to send you information by email but we do not possess the information or we need to confirm that we have recorded your email address correctly.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: we may obtain information from third parties, such as data brokers, where you have consented to them sharing information with us by ticking a box stating that you would like your information to be share with us.

 

Our use of automated decision-making and profiling[12]

We use automated decision making and profiling on our website. We do not consider that this has any legal effect on you or similarly significantly affects you.

You have the right to object to our use of automated decision making and profiling described in this section. You can do that by opting-out of cookies and similar technologies in accordance with the method described in the relevant section below. If you do not want us to process your actual IP address (usually the IP address assigned to you by your Internet Service Provider) when you visit our website, you can use a Virtual Private Network (VPN) or a free service such as Tor.

You can find out more about our use of cookies and similar technologies (including the legal basis on which we use them) and how to opt out from them in our cookies policy, which is available here: https://www.cleartext.com/cookies/

 

Automated decision making[13]

Automated decision making is decision making by technological means (i.e. by a machine) without human involvement.

Use of automated decision making for display advertising][14]

We automate the display advertisements containing our products and services on other websites you visit, you based on the fact that you have visited our website using cookies. For further information on the cookies we use, please see our cookies policy which is available here: https://www.cleartext.com/cookies/

Logic involved: automatically displaying advertisements to individuals who have visited our website results in increased efficiencies and costs savings for us than manually displaying advertisements or displaying advertisements by different means.

Significance and envisaged consequences: cookies will be used to recognise the fact that you have visited our website in order to display advertisements to you (unless you have blocked such cookies) and will collect information about your online behaviour.

How to object: you can block these cookies by [using the cookies control management tool on your site (if you use one)][15] [insert method of blocking cookies e.g. blocking third party cookies using browser settings, or insert specific method e.g. for Google DoubleClick, by opting out of seeing personalised ads by following the instructions here: https://support.google.com/ads/answer/2662922?hl=en-GB]. For further information, please see our cookies policy: [insert link to your cookies policy]

Profiling

Profiling is any form of automated processing of your information to evaluate personal aspects about you, in particular to analyse or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Use of profiling for web analytics

Our web analytics service, Google Analytics uses collects information such as your location (based on your IP address) and your behaviour (based on cookies) when you access our website (such as the pages you visit and what you click on. We will only process information from cookies if you have consented to us setting cookies on your computer in accordance with our cookies policy (https://www.cleartext.com/cookies/). Information collected about you, once collected is anonymised and stored on an aggregate basis.

Logic involved: by automatically analysing and categorising information such as the location (based on IP address) as well as the behaviour and devices of visitors to our website (using cookies), we are able to gain a better understanding of what our website visitors want (in terms of the content of our website and our products), how to improve our website and how to advertise and market our services to them.

Significance and envisaged consequences: cookies will be used to track and store information about your behaviour and device on our website (unless you have opted out from receiving such cookies and your location will be analysed based on your IP address. We may target advertisements based on the level of interest we receive from certain visitors and their behaviour on our website.

Legal basis for processing: Our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: Our legitimate interest in carrying on our business.

 

Use of profiling in marketing emails

We use web beacons in our marketing emails to analyse who opens our emails and what actions they take (for example, what you click on). We will only process information from web beacons if you have consented to their use in accordance with our cookies policy (https://www.cleartext.com/cookies/).

Logic involved: by analysing how our email recipients respond to our emails, we are able to improve the content and effectiveness of our emails and gauge who is most interested.

Significance and envisaged consequences: your behaviour when you open our emails will be tracked using small gif files (web beacons) including open rates, click through rates.

How to object: Contact us to raise an objection for us to act upon and rectify.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: Analysing the level of engagement and effectiveness of our marketing emails and content.

Disclosure and additional uses of your information

This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.

 

Disclosure of your information to service providers

We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business [and who process your information for us on our behalf].[16] These include the following:[17]

Telephone provider(s), ip-eXchange which is located in the UK. Their privacy policy is available here: https://www.ipexchange.global/About/Privacy

Email provider(s), Our third party email providers are Rackspace, Proofpoint, Catalyst, SendGrid and SendinBlue located in the United States of America and the Eu. Only Rackspace is NOT in the Eu their Rackspace privacy policy is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter

Hosting provider(s), including Rackspace privacy policy is available here: https://www.rackspace.com/en-gb/information/legal/privacycenter

Email Marketing provider(s) including, who’s privacy policy is available here https://www.campaignmonitor.com/policies/

Our third party service providers are located in the UK and United States of America.

Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.

We do not display the identities of [all of] our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly via our contact form and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.

Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

 

Disclosure of your information to other third parties

We disclose your information to other third parties in specific circumstances, as set out below.

Providing information to third parties such as Google Inc.. Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. To find out more about what information Google collects, how it uses this information and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/][18]

 

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service (
https://www.google.com/analytics/terms/us.html)

You can opt out of Google Analytics by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout

Transfer and storage of your information

Information collected by Google Analytics is stored outside the European Economic Area on Google’s servers in the United States of America.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.]

 

Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our accountants, advisors, business partners, independent contractors, and insurers. Further information on each of these third parties is set out below.[19]

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: running and managing our business efficiently.

 

Accountants, Advisors

We share information with our accountants for tax purposes. For example, we share invoices we issue and receive with our accountants for the purpose of completing tax returns and our end of year accounts.

Our accountants are The Wow Company. Their privacy policy is available here: https://www.thewowcompany.com/contact/

Business partners

Business partners are businesses we work with which provide goods and services which are complementary to our own or which allow us to provide goods or services which we could not provide on our own. We share information with our business partners where you have requested services which they provide whether independently from, or in connection with or own services.

Our business partners are IT Services companies and Value Added Resellers (VAR’s). Their privacy policy are available on request. Our business partners are located in the EU, Australia and the United States of America.

 

Independent contractors

Occasionally, we use independent contractors in our business. Your information will be shared with independent contractors only where it is necessary for them to perform the function we have hired them perform in relation to our business.

Details of our independent contractors and their privacy policies available here on request.

 

Insurers

We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them.

Our insurers are AIG. Their privacy policy is available here: https://www.aig.co.uk/privacy-policy

 

 

 

Sharing your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.

 

Disclosure and use of your information for legal reasons

 

Indicating possible criminal acts or threats to public security to a competent authority

If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that a fraud or a cyber crime has been committed or if we receive threats or malicious communications towards us or third parties.

We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: preventing crime or suspected criminal activity (such as fraud).

 

In connection with the enforcement or potential enforcement our legal rights

We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

 

In connection with a legal or potential legal dispute or proceedings

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): resolving disputes and potential disputes.

 

For ongoing compliance with laws, regulations and other legal requirements

We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive.

Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation(s): legal obligations to disclose information which are part of the laws of England and Wales or if they have been integrated into the United Kingdom’s legal framework (for example in the form of an international agreement which the United Kingdom has signed).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom’s legal framework, we have a legitimate interest in complying with these obligations.

 

How long we retain your information

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

 

Retention periods

Server log information: we retain information on our server logs for up to 7 years.

Order information: when you place an order for goods and services, we retain that information for seven years following the end of the financial year in which you placed your order, in accordance with our legal obligation to keep records for tax purposes.

Correspondence and enquiries: when you make an enquiry or correspond with us for any reason, whether by email or via our contact form or by phone, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for 84 further month(s), after which point we will delete your information.

E-Newsletter: we retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.

Criteria for determining retention periods

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);

whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);

whether we have any legal basis to continue to process your information (such as your consent);

how valuable your information is (both now and in the future);

any relevant agreed industry practices on how long information should be retained;

the levels of risk, cost and liability involved with us continuing to hold the information;

how hard it is to ensure that the information can be kept up to date and accurate; and

any relevant surrounding circumstances (such as the nature and status of our relationship with you).

 

How we secure your information[20]

We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;

using secure servers to store your information;

verifying the identity of any individual who requests access to information prior to granting them access to information;

using Secure Sockets Layer (SSL) and Transport Layer Security (TLS) software to encrypt any information you submit to us via any forms on our website, any emails we send and any payment transactions you make on or via our website;

only transferring your information via closed system or encrypted data transfers.

 

Transmission of information to us by email

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.

 

Transfers of your information outside the European Economic Area

Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below. We will also transfer your information outside the EEA or to an international organisation in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.

 

 

Contact form

Information you submit to us via our contact form is transferred outside the EEA and stored on our third party email provider’s servers. Our email provider] is Rackspace. You can access their privacy policy here: https://www.rackspace.com/en-gb/information/legal/privacycenter

Country of storage: United States of America This country is NOT subject to an adequacy decision by the European Commission.

Safeguard(s) used: our third party email provider has self-certified its compliance with the EU-U.S. Privacy Shield.

 

[Email

[Information you submit to us by email is transferred outside the EEA and stored on our third party email provider’s servers. Our third party email provider is: Rackspace You can access their privacy policy here: https://www.rackspace.com/en-gb/information/legal/privacycenter

Country of storage: United States of America. This country not subject to an adequacy decision by the European Commission.

Safeguard(s) used: our [hird party email provider has self-certified its compliance with the EU-U.S. Privacy Shield.

 

[E-Newsletter

Information you submit to us when you sign up for our e-newsletter is transferred outside the EEA and stored on our third party mailing list provider’s servers. Our third party mailing list provider is: Campaign Monitor. You can access their privacy policy here: https://www.campaignmonitor.com/policies/#privacy-policy

 

Country of storage: United States of America This country is not subject to an adequacy decision by the European Commission.

Safeguard(s) used: our third party mailing list provider has safeguards used to transfer information to a country which is outside the EEA (see Appendix 1 for the full list). Contact us for more information or visits Campaign Monitors GDPR page here; https://www.campaignmonitor.com/trust/gdpr-compliance/

 

Google Analytics

Information collected by Google Analytics (your IP address and actions you take in relation to our website) is transferred outside the EEA and stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/

Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.

Safeguard(s) used: Google has self-certified its compliance with the EU-U.S. Privacy Shield which is available here: https://www.privacyshield.gov/welcome. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

 

Your rights in relation to your information

Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to Cleartext Ltd, Kings Head House, 15 London End, Beaconsfield, Bucks HP9 2HN, UK or sending an email to info@cleartext.com:

to request access to your information and information related to our use and processing of your information;

to request the correction or deletion of your information;

to request that we restrict our use of your information;

to receive information which you have provided to us in a structured, commonly used and machine-readable format (e.g. a CSV file) and the right to have that information transferred to another data controller (including a third party data controller);

to object to the processing of your information for certain purposes (for further information, see the section below entitled Your right to object to the processing of your information for certain purposes); and

to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

the right not to be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you or similarly significantly affects you

In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.

For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/

 

Further information on your rights in relation to your personal data as an individual

The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; and

https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf

 

Verifying your identity where you request access to your information

Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.

These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.

 

How we verify your identity

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.

If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

 

Your right to object to the processing of your information for certain purposes

You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to Cleartext Ltd, Kings Head House, 15 London End, Beaconsfield, Bucks HP9 2HN, UK or sending an email to info@cleartext.com

to object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ (i.e. analysing or predicting your behaviour based on your information) based on any of these purposes; and

to object to us using or processing your information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).

You may also exercise your right to object to us using or processing your information for direct marketing purposes by:

clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;

sending an SMS message containing only the words “OPT OUT” in reply to any marketing communication we send by text message; or

sending an email to info@cleartext.com, asking that we stop sending you marketing communications or by including the words “OPT OUT”.

For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled How to accept or reject cookies in our cookies policy, which is available here https://www.cleartext.com/cookies

 

Sensitive Personal Information

‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.

We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.

If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.

Changes to our Privacy Policy

We update and amend our Privacy Policy from time to time.

 

Minor changes to our Privacy Policy

Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

 

Major changes to our Privacy Policy or the purposes for which we process your information

Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.

We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.

Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.

 

Children’s Privacy

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.

It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to info@cleartext.com.

 

California Do Not Track Disclosures

“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org

At this time, we do not respond to Do Not Track browser settings or signals. In addition, we use other technology that is standard to the internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal. For information on how to opt out from tracking technologies used on our website, see our cookies policy which is available here: https://www.cleartext.com/cookies.

 

Copyright, credit and logo

This Privacy Policy is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) compliant template provided by GDPR Privacy Policy. For further information, please visit https://gdprprivacypolicy.org

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.



[1] When you upload this privacy policy to your website, at a minimum, you should ensure that the titles in this “Contents” section link to the relevant headings in the main body of the privacy policy. For instance, the “Our details” title in this “Contents” section should link to the “Our details” heading in the main body of the privacy policy. An alternative and highly recommended way of ensuring your privacy policy meets the clear and accessible requirements of the General Data Protection Regulation is to use drop down boxes for each section of the privacy policy which expand and show the information in that section when clicked on. This allows a user to easily access the information they are interested in quickly and effectively.

[2] Where you use ‘automated decision-making’ or ‘profiling’, you must disclose this in your privacy policy. For information on what constitutes automated decision-making and profiling, see the footnote to the main section of this privacy policy entitled ‘Our use of automated decision making and profiling’.

[3] This summary section is designed to meet the GDPR’s requirement for a privacy policy to be in a concise, transparent, intelligible and easily-accessible form and uses the ICO’s suggestion of adopting a layered approach in order to achieve this. The individual can then look at the corresponding section in the main body of the privacy policy if they require more information on any particular aspect of your privacy policy. If you use an individual’s personal data in a way they would not reasonably expect, you must ensure that you bring it to their attention in this summary section. The summary section can be contained in or separated from the rest of the privacy policy and inserted above it (with the rest of the full privacy policy below) to draw the summary section more clearly to the user’s attention.

[4] This privacy policy template envisages that you do not collect ‘sensitive personal information’ about individuals and is designed to deal with a situation where such information is accidentally or intentionally submitted by a website user to you. Sensitive personal information is information which reveals an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic information, biometric information, information about an individual’s health or sex life or sexual orientation. If your business does collect sensitive personal information the requirements for processing such information are very strict (for example you will usually require the individual’s explicit consent) and you should seek appropriate legal advice.

[5] Include this section if you analyse your website server log information. If you do, you should make any amendments that are appropriate, such as amending the types of information you analyse and how you analyse and use it if they differ from the common types of information and uses already described in this section.

[6] You should ensure that you do not collect any more information than necessary at checkout. If you do collect any information at checkout which is not essential, you should ensure that it is clearly marked as optional. Mandatory information should be marked with a red asterisk or the word required should be included after it.

[7] This paragraph should be inserted if you use the ‘soft opt-in’, a very specific provision which allows you to market your own goods and services which are similar to those which the individual has purchased from you, provided that you have given them the chance to opt out at the time (i.e. with a tick box) and in each subsequent communication with them (i.e. with an unsubscribe link at the bottom of every email you send them). This is a very specific provision and if you use it, it is important to emphasise that you can only market goods and services which are: (i) your own (i.e. not third parties’); and (ii) similar to the goods or services which the individual purchased at the time. Because of the limitation on what you can market to individuals (i.e. not necessarily all of your goods and services), you may prefer to rely on opt-in consent (i.e. the section below entitled ‘Our goods and services’) which will allow you to market any of your goods and services to individuals.

 

Wording for the soft opt-in: If you do want to use the soft opt-in, the wording you will need to use will depend on whether you use a pre-ticked box or a non-ticked opt out box (or another appropriate method, although these are the most common). In the case of the former, the wording used should be: ‘I would like to receive information about your similar products and services by email’. In the latter case, the wording should be: ‘Tick here if you do not want to receive information about our similar products and services by email’ or ‘I do not want to receive information about your similar products and services by email’. The words ‘by email’ should be included if the only way you intend to send marketing communications to individuals is by email. If you intend to individuals marketing communications by other methods, you will need to provide for these individual methods by creating the appropriate tick boxes e.g. by email, by post, by text, by phone etc at the time of checkout.

 

[8] This section is designed to disclose information about any third party mailing list provider you use to administer your email marketing list.

[9] This section is designed to disclose information about any third party mailing list provider you use to administer your email marketing list.

[10] This paragraph should be included if you send customers information about third party goods ands services (whether separatey or in addition to information about your own products and services). Most websites do not send individuals information about goods ands services other than their own but it is possible to do so. If you intend to do this, the third parties whose goods and services will be marketed must be either named individually or (if you can demonstrate why it is fair not to disclose the names) identified by very specific category of third party (i.e. what sort of business they are e.g. ‘website design businesses’ or ‘graphic designers’). It is not sufficient to say tick here if you would like to receive offers from ‘third parties’ or ‘trusted partners’, for instance, and we strongly recommend using the names of any third parties as far as possible. If you provide customers with the opportunity to receive both your and third party marketing communications, you must have two separate sets of tick boxes so that the individual can chose between receive information about your products and services and those of third parties.

[11] This section is designed to disclose information about any third party mailing list provider you use to administer your email marketing list.

[12] This paragraph should only be included if you use automated decision-making or profiling. Please note: this is a complex area of law, and if you are engaged in any automated decision making or profiling on your website, we strongly recommend that you obtain independent advice, as this is an area which carries a particularly high risk of fines.

If you do not use any automated decision-making or profiling, you can delete this section. The information below sets explains what these terms mean and how they are likely to apply to your website. Please note that this section envisages that you do not process any ‘sensitive personal information’.

Automated decision-making’ is where a decision is made by a machine in relation to an individual without any meaningful human involvement and where that decision significantly affects that individual (e.g. a decision whether to grant an individual credit).

Profiling’ is ‘any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.’

In terms of your website, the most likely activities that most websites will carry out that will be affected by the automated decision-making or profiling requirements are web analytics, server log information analysis tools and online advertising. Merely collecting information about who accesses your website is not profiling in itself, but the automated analysis and use of that information to categorise individuals in web analytics will constitute profiling if the processing of personal information is involved (this includes the processing of IP addresses and cookies which can be used to identify individuals (particularly if they are combined with other information)).

The most common and relevant forms of automated decision-making and profiling used by websites are targeted web advertising (e.g. remarketing advertisements, via AdSense, via Facebook Ads or any other advertisements targeting specific individuals or groups of individuals). Simply collecting information about the use of your website by an individual will not constitute profiling (e.g. via server logs) but the automated analysis and categorisation of such information by analytics providers such as Google Analytics will. If you use analytics or online advertising which is designed to target certain individuals, you must explain what information you use, how you use it and any consequences e.g. that information will be collected about them and they will receive targeted advertisements based on their actions or certain characteristics about them. If you are sure that your business does not use either automated decision-making or profiling, you can delete these provisions.

[13] This privacy policy assumes that you do not engage in automated decision making that has legal effects or otherwise significantly affects an individual. To significantly affect someone, the decision making must have the potential to significantly influence an individual’s circumstances, behaviour or choices. Examples of significant effects would be the automatic refusal of an online credit application or e-recruiting practices without any human intervention. Sectors of businesses that are particularly likely to engage in such significant automated decision making in some way include banking and finance, healthcare, taxation, insurance, marketing and advertising.

[14] Insert and amend this clause if you use remarketing style advertising across the internet (e.g. if you market to individuals who have visited your site by displaying advertisements to them on other sites e.g. using Google AdSense).

[15] You will need to implement a cookies management tool on your website that allows to turn on and off cookies on your site. See Cookie Control by Civic for a potential solution (which the ICO uses): https://www.civicuk.com/cookie-control 

[16] Many of the entities in the following list can be classified as ‘data processors’ (though this will not necessarily be the case and will depend on your individual circumstances). You will need to conduct you own analysis to confirm whether such third party processors (and any other processors you use) are ‘data processors’ for the purposes of the GDPR and enter into data processing agreements with them if so. For further information, see the ICO’s guidance which is available here: https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf

[17] Guidance issued by the Article 29 Working Party indicates that they expect you to provide the ‘names’ of the recipients of personal information unless you can show why it is ‘fair’ for you to only provide the categories of recipients. In order to be fully compliant, you should therefore provide the names of any third party service providers you use and provide links to their privacy policies. The actual GDPR legislation provides that ‘categories of recipient’ are sufficient. It is currently unclear to what extent the ICO would enforce a failure to provide named recipients of personal information or whether it would take any action at all. It is worth noting, however, that the ICO’s privacy policy that they do regularly provide named recipients as a matter of course in their privacy policy which you can access here: https://ico.org.uk/global/privacy-notice/). In any event, if you choose not to provide the identities of the third parties to whom personal data will be transferred you must document the reasoning behind your decision not to do so (i.e. keep a written record of that decision).

[18] This paragraph explains how information is shared with Google Analytics as an example. If you use a different web analytics provider, you should provide a similar description of how information is shared with that third party provider and what it is used for. You will generally always need to disclose the identity of your analytics provider as they tend to collect information about website visitors by default.

[19] You need to include the details of any organisations with whom you share individuals’ personal information. As far as possible, these should be indicated using their specific names. If that is not possible, they should be identified by specific categories of business (by industry, sector and sub-sector) and you should provide their locations (i.e. what country they are located in). A suggested list of third parties with whom a business might share third parties is set out below. You should include links to their privacy policies wherever they are publicly available. If you do not name the third parties with whom you share information you will need to be able to justify why it is fair not to do so and document your decision.

[20] This section includes some mandatory security measures you are required to take as well as some suggested further actions methods of securing personal information which you may or may not use in practice. You should add to this list any additional methods which you use to secure personal information which are not covered in this list.