Privacy Policy

This Privacy Policy sets out how we, Athensis Ltd trading as Sophie Breslin, obtain, store and use your information when you use or interact with our website, www.sophiebreslin.co.uk (our website), or where we otherwise obtain or collect your information. The effective date of this Privacy Policy is 06/01/2021

Contents

• Summary
• Our details
• How we collect or obtain information about you
• How we use your information
• How long we retain your information
• How we secure your information
• Transfers of your information to other countries and safeguards used
• Your rights in relation to your information
• Your right to object to the processing of your information for certain purposes
• Consequences of not providing your information to us
• Sensitive Personal Information
• Changes to our Privacy Policy
• Children’s Privacy
• California Do Not Track Disclosures
• Copyright, credit and logo

Summary

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: [insert the name of the data controller]
• 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] [and] [insert any additional ways in which you usually collect information from users e.g. by signing up to your 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),] [and] [insert any additional information you collect from or about individuals].
• 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] [and] [insert any additional ways in which you use information].
• 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] [and] [insert any other relevant circumstances in which you disclose information to third parties].
• Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): [Yes/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) [and] [insert any additional factors you use to determine how long you retain information about individuals] [and certain additional factors described in the main section below entitled How long we retain your information]. 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] [insert any additional security measures you use to protect information such as encryption of personal data, encrypted email, pseudonymisation and/or anonymisation of information].
• Use of cookies [and similar technologies]: [[we do not use cookies on our website] OR [we use cookies [and similar information-gathering technologies such as [web beacons] [and] [insert additional technologies used] on our website [including [essential,] [functional,] [analytical] [and] [targeting cookies]]. For more information, please visit our cookies policy here: [insert link to cookies policy]
• 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: [insert list of countries to which you transfer information]. Where we do so, we will ensure appropriate safeguards are in place[, including [insert safeguards used for data transfers outside the European Economic Area e.g. [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 / do not use] [automated decision making [and/or] profiling]. [insert description of how you use automated decision making and/or profiling in relation to your website e.g. use of web analytics, cookies, web beacons or server logs analysis tools (profiling) or use targeting cookies to display advertisements to your people who visit your 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 information: we [do not knowingly or intentionally] collect what is commonly referred to as ‘sensitive information’. [Please do not submit sensitive information about you to us.] For more information, please see the main section below entitled Sensitive Information

Our details

The data controller in respect of our website is Athensis Ltd [(company registration number: [insert company registration number, if applicable])] of [insert address]. The data controller is the person which determines the purposes and means of processing your information. You can contact the data controller by writing to [insert correspondence address for the data controller] or sending an email to [insert email address].[The data controller’s representative is [insert name of the data controller’s representative]. You can contact the data controller’s representative by writing to [insert correspondence address for the data controller’s representative] or sending an email to [insert email address].][13][The data protection officer for the data controller is [insert name of the data protection officer]. You can contact the data protection officer by writing to [insert correspondence address for the data protection officer] or sending an email to [insert email address].][14]If you have any questions about this Privacy Policy, please contact the data controller. 

How we collect or obtain information about you

 Information collected from youWe collect information about you when you provide it to us, such as through your use of our website and its features, when you contact us directly by email, phone, in writing, or via social media, when you order goods and services, when you use any of our other websites or applications or any other means by which you provide information to us. The type of information we collect about you includes information such as:

• [your name];
• [your email address];
• [your address];
• [your phone number];
• [your payment information (e.g. your credit or debit card details)];
• [your IP address];
• [information about your device (e.g. device and browser type)];
• [information about how you use our website (e.g. which pages you have viewed, the time you viewed them and what you clicked on)];
• [cookies and similar technologies];
• [information about your mobile device (such as your geographical location)][; and]
• [insert any additional types of information which you collect about individuals].

 Our use of cookies and similar technologiesCookies are data files which are sent from a website to a browser to record information about users of a website.We use cookies and similar technologies on or via our website. For further information on how we use cookies and similar technologies, including the information we collect through our use of cookies and similar technologies, please see our cookies policy, which is available via the following link: [insert link to cookies policy]You can reject some or all of the cookies we use on or via our website by changing your browser settings, but doing so may 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[We use Google Analytics on our website to understand how you engage and interact with it. For information on how Google Analytics collects and processes data using cookies, please visit www.google.com/policies/privacy/partners/. You can opt out of Google Analytics tracking by visiting: http://tools.google.com/dlpage/gaoptout][15][We use web beacons [in our marketing emails [and/or] on our website]. For information on how third parties use information gathered from our use of web beacons, please visit [insert URLs of relevant third parties who you use e.g. your email provider, but only if they use web beacons]. Some (but not all) browsers enable you to restrict the use of web beacons by either preventing them from sending information back to their source (e.g. when you choose browser settings which block cookies and trackers) or by not accessing the images containing them (e.g. if you select a “do not display images (in emails)” setting in your email server).][16][We use Facebook Pixel on our website to monitor and measure the success of our advertisements. For information on how Facebook collects and processes data using Facebook Pixel, please visit https://www.facebook.com/about/privacy. You can block Facebook Pixel by visiting http://www.youronlinechoices.com, selecting your country, clicking “Your Ad Choices”, then locating Facebook and selecting the “Off” option.][17] [Information received about you from third parties[Generally,] we [do/do not] receive information about you from third parties. The third parties from which we receive information about you will generally include [insert names of businesses who you are likely to receive information about individuals from e.g. group companies, affiliates or business partners].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 bases for processingWhere 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).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.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. Information obtained by us from third partiesIn 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 if you have one) [and] [insert any additional public sources from which you collect or expect that you collect information about an individual]].[18]In certain circumstances will also obtain information about you from private sources, both EU and non-EU, such as [insert any private sources from which you collect or expect that you collect information about an individual e.g. data brokers]Legal bases for processingWhere 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.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. We may also obtain data brokers to market to you under our legitimate interest of direct marketing 

How we use your information

We will use your information for one or more of the following purposes. The legal basis on which we use your information is set out and explained after each purpose: Administrative and business purposes

• Improving our website and business, including personalising our website and services for you and other customers. This is necessary for our legitimate interest of better understanding our other customers’ and potential customers’ preferences and tailoring our website, products and services to their needs, preferences and desires.

 

• Communicating directly with you with information, updates and changes to our website and in response to enquiries we receive from you. This is necessary for our legitimate interests of informing you about changes to our business, website and privacy policy and responding to enquiries we receive from you.

 

• Protecting our business and our business interests, including for the purposes of credit and background checks, fraud and website misuse prevention and debt recovery. This is necessary for our legitimate interests of preventing criminal activity such as fraud or money laundering, for ensuring that our website and services are not misused. Where we carry out credit and background checks, we will only carry out such checks to the extent that we are permitted or authorised by law to do so and to the minimum extent necessary.

 

• Communicating with our business advisors and legal representatives. This is necessary for our legitimate interests of obtaining legal or professional business advice. In such circumstances, we will only share your information where it is necessary to do so, to the minimum extent necessary, subject to appropriate confidentiality restrictions and on an anonymised basis wherever possible.

 

• [Within our corporate group from time to time for internal administrative purposes, including client, customer and employee information. This will be necessary for our legitimate interest of running and managing our business. Where you have purchased goods or services from us or asked us to take certain actions to enter into a contract with you, this will be necessary for us to perform a contract with you or take steps at your request to do so.][21]

 

• Sharing your information with third parties which are either related to or associated with the running of our business (including to third parties within our corporate group from time to time) such as our [business partners,] [insurers,] [affiliates,] [associates,] [suppliers,] [independent contractors,] [email providers] [IT and web development service providers] [and] [insert any additional categories of entities with whom you share an individual’s personal data for managing your business].[22] We will share your information with these there parties where it is necessary for our legitimate interest of running and managing our business effectively, fulfilling our contractual obligations (e.g. to our insurers) or for our own direct marketing purposes. Where you purchase goods or services from us or request that we take steps to do so, we may also need to share your information with such third parties in order to perform a contract which we have entered into with you or to take steps, at your request, to enter into a contract with you. Where we share your information with such third parties, we will do so strictly on a need-to-know basis, subject to appropriate confidentiality restrictions, on an anonymised basis as far as possible and only to the extent strictly necessary for any of these purposes.

 

• [Processing or passing on your information to third parties, such as payment service providers, including [insert name of payment service provider you use to process orders on your website e.g. PayPal], in order to process your payments for goods and services you order from us. This is necessary for us to perform a contract we have entered into with you (or to take steps, at your request, to enter into a contract with you) and for that third party’s legitimate interest in processing your payment(s) for goods and services you order from us. You can access the privacy policy of [insert name of your payment service provider e.g. PayPal] here: [insert link to payment service provider’s privacy policy]][23]

 

• Ensuring physical, network and information security and integrity. This is necessary for our legitimate interest of ensuring that our IT systems and networks are secure and uncompromised, including, for example, preventing malware, viruses, bugs or other harmful code, preventing unauthorised access to our systems, and any form of attack on, or damage to, our IT systems and networks.

 

• In connection with disclosure requests and in the case of a business or share sale or sale or purchase of a business and/or assets, whether actual or potential. This is necessary for our legitimate interests of selling and/or ensuring and promoting the success of our business. Where we share your information with a prospective purchaser or seller, we will do so on a strictly need-to-know basis, subject to appropriate confidentiality restrictions, on an anonymised basis as far as possible and only to the extent strictly necessary for any of these purposes.

 

• To send you marketing communications. This is necessary for our legitimate interest of direct marketing and promoting our business. Where we are required by law to obtain your consent to market to you, however, the legal basis on which we process your information will be your consent rather than our legitimate interests.

 Advertising and analytical purposes 

• Providing statistical information to third parties such as [Google Analytics] [, [and] insert any other third parties to whom statistical information is provided]. This is necessary for our and third parties’ legitimate interests of processing information for research purposes, including market research, better understanding our respective customers, and tailoring our respective products and services to their needs. [Your information will only be shared with such parties on an anonymised basis.][24]

 

• Displaying advertisements to you and analysing the information we receive in relation to those advertisements. This is necessary for our own and for third parties’ legitimate interests in direct marketing and advertising our and their products and services respectively, and for market research purposes.

 Legal and enforcement of legal rights 

• Enforcing our legal rights. This is necessary for our legitimate interest of protecting our business and enforcing our contractual and other legal rights.

 

• Indicating possible criminal acts or threats to public security to a competent authority. This is necessary for our legitimate interest of promoting the success of our business, preventing crime, for compliance with a legal obligation to which we are subject, in the general public interest or for the legitimate interests of governmental bodies and competent authorities that prevent crime.

 

• In connection with any legal or potential legal dispute or proceedings. This is necessary for our legitimate interest of promoting and ensuring the success of our business, resolving disputes and making such disclosures as are required by law or which we consider, acting reasonably, are required by law.

 

• Complying with laws, regulations and other legal requirements. We may need to use and process your information in order to comply with legal obligations to which we are subject. For example, we may require your information pursuant to a statutory obligation to conduct anti-money-laundering checks or to disclose your information to a court following receipt of a court order or subpoena. We may also need your information to comply with ongoing legal obligations, such as tax laws and regulations to which we are subject (where you have placed an order for goods or services with us for example).

 The processing of your information to comply with legal obligations to which we are subject applies to legal obligations of other countries where they have been integrated into the legal framework of the United Kingdom, for example in the form of an international agreement which the United Kingdom has signed. Where the legal obligations of another country have not been so integrated, we will process your information to comply with such obligations where it is in our legitimate interest to do so. Use of your information only where we have your consentWhere we process your information on the basis of your consent, you can withdraw your consent to such processing at any time by emailing us at [insert email address] or writing to us at [insert address]. [Our use of automated decision-making, including profiling][25]We use automated decision-making, [including profiling]. Automated decision-making is decision-making by technological means (i.e. by a machine) without human involvement. 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.We automate some of our decision-making [and profiling] functions in order to improve the efficiency of our business, to expedite the delivery of any orders placed by you, to improve the consistency with which we deliver our products or services, to reduce our administrative costs, to update our records, to organise our customer database to improve the services we offer you, to monitor your interaction with our business and to evaluate the viability of any orders placed by you [and insert any purposes for which you use automated decision-making or profiling].This is important because it means that many actions and decisions we take (such as whether we enter into a contract with you, the amount of any credit we are able to offer you, or the storage, use and transfer of your information, as well as specific communications that we may send you) are performed automatically by machines and algorithms rather than humans.Your information will be used by these systems to determine how we interact with you, and also to collect aggregate anonymised data relating to our collective customer base. This is significant because the outcome of your interactions with us will be based on the information you provide to us (and information we receive from third parties) and not the choices of any individual [and insert any other reasons why the use of automated decision-making or profiling is significant for the individual and any other envisaged consequences for them as a result of the use of automated decision-making or profiling].You have the right to request that we do not use automated decision-making in relation to your information by emailing us at [insert email address].] How long we retain your informationThis 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 [insert period for which you retain information from server logs.][Order information: when you place an order for goods and services, we retain that information for six 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 [[●] 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.][insert additional category of data stored]: [insert details of the specific retention period for additional category of data] 

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).][30] 

How we secure your information

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];[31]
• verifying the identity of any individual who requests access to information prior to granting them access to information;
• [using Secure Sockets Layer (SSL) software to encrypt [any information you submit to us via any forms on our website] [and] [any payment transactions you make on or via our website];][32]
• [only transferring your information via closed system or encrypted data transfers;] [and]
• [insert any additional methods you use to ensure the security of personal information e.g. other technological measures or pseudonymisation.]

 Transmission of information to us by emailTransmission 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.[33] Transfers of your information to other countries and safeguards usedWe may need to transfer your information outside of the country in which we collected or obtained it, including outside the European Economic Area or to an international organisation from time to time. Where we transfer your information outside the European Economic Area, the country to which it is transferred will either be subject to an adequacy decision by the European Commission, or if not (or if we transfer your information to an international organisation), we will ensure that the transfer takes place on the basis of one or more of the following safeguards:[34]

• data protection policies adhered to by the data controller and other companies and entities within our corporate group from time to time, which comply with applicable laws, known as “binding corporate rules” or “BCRs”;
• standard data protection clauses adopted by the European Commission or adopted by the Information Commissioner’s Office and approved by the European Commission in accordance with relevant law;
• a code or codes of conduct produced by an association or other body approved by the Information Commissioner’s Office;
• an approved certification mechanism (such as the EU-US Privacy Shield); or
• where authorised by the Information Commissioner’s Office, contractual clauses between the data controller or processor and the data controller, processor or recipient of the information in the third country or international organisation.

[You can access these safeguards at [insert URL], emailing [insert email address] or writing to [insert address].][35] Your rights in relation to your informationSubject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to [insert address] [or sending an email to [insert email address]]:

• 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][36]
• 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 [insert country e.g. the UK], the supervisory authority is [insert name of supervisory authority e.g. the Information Commissioner’s Office (ICO)], the contact details of which are available here: [insert link to contact details of supervisory authority e.g. https://ico.org.uk/global/contact-us/ for the ICO] Further information on your rights in relation to your personal data as an individualThe 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 informationWhere 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 identityWhere 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 purposesYou have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to [insert address] [or sending an email to [insert email address]]:

• 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;][37] [or]
• sending an email to [insert email address], 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: [insert link to your cookies policy] Consequences of not providing your information to usWhere you wish to purchase products or services from us, we require your information in order to enter into a contract with you. We may also require your information pursuant to a statutory obligation (in order to be able to send you an invoice for products and services you wish to order from us, for example).If you do not provide your information, we will not be able to enter into a contract with you or to provide you with those products or services. 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.]OR[insert details of the sensitive personal information you collect about individuals, how you collect it, what you use it for and the legal basis on which you process it.][38] Changes to our Privacy PolicyWe update and amend our Privacy Policy from time to time. Minor changes to our Privacy PolicyWhere 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 informationWhere 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 PrivacyBecause 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 [insert email address]. 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[We respond to Do Not Track browser settings or signals by [insert details of how you recognise and respond to Do Not Track browser settings]] OR [[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: [insert link to cookies policy]][39] Copyright, credit and logoThis 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.orgThe 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 thi [1] You must insert the effective date of your privacy policy so your users know when your privacy policy takes effect. If you have not previously uploaded a privacy policy to your website, or if you are replacing your existing privacy policy with this privacy policy, the effective date will be the date when you upload this privacy policy to your website.[2] When you upload this privacy policy to your website, 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 highlight recommended way of ensuring your privacy policy meets the clear and accessible requirement of the General Data Protection Regulation (GDPR) 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.[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] The data controller is the person responsible for deciding the purposes for which personal information is processed (i.e. used) and the means by which such processing is done. In the vast majority of cases, this will be the company (if your business is a company) or you, the sole trader (if you run your business as a sole trader) which owns and runs the website and is therefore the same person or entity set out at the beginning of the privacy policy. You will normally be aware of who the data controller is if another person or entity is responsible for this role. If you are unsure about who the data controller is, you should seek appropriate professional advice. If you are a data controller and you have not already registered with the Information Commissioner’s Office, you must do so.[5] Include this wording if you use other information collecting technologies on or in relation to your website e.g. web beacons (small gif files) on your website or in your marketing emails. You will need to fully describe the use of such technologies in your cookies policy and in the section entitled ‘Our use of automated decision making and profiling’ and obtain explicit consent for the use of such technologies from your users before you use them.[6] Include the word ‘occasionally’ if you only occasionally receive information from third parties (i.e. the nature of your business does not involve the regular receipt of information about individuals from third parties). If you regularly receive information from third parties you should delete the word occasionally, and include (wherever possible) the names of the specific third parties from whom you regularly receive information about individuals. If it is not possible to identify individual third parties by name, you should identify them by the nature of the source including the following information: (i) the type of organisation, industry and sector; and (ii) whether the information was held in or outside the EU. In either case, you should indicate whether the source was public or private.[7] Here you should summarise the purposes for which you use information about individuals.[8] Include this section if the servers on which you store personal information are secure. Amongst other obligations, you are required to put in place appropriate technical and organisational measures to minimise the risk of loss, corruption, damage and unauthorised access to personal information. If your servers are not secure, you will need to migrate your website hosting to secure servers in order to meet this legal requirement.[9] You must specify whether or not you use cookies and similar technologies on your website or in your emails, and what type of cookies and similar technologies you use (particularly, any analytical or targeting cookies or web beacons you use). We strongly recommend that you confirm with your web developer and software providers before stating that you do not use cookies as many websites, plugins or website-building platforms place cookies on users’ devices which the website operator may not be aware of. If you do use cookies and/or similar technologies, you should provide a link to your cookies policy here and set out the full details of the technologies you use there.[10] Where you transfer personal information outside the European Economic Area (EEA), you must ensure appropriate safeguards are in place before you make such a transfer. For further information on such safeguards please see the full section entitled ‘Transfers of your information outside the European Economic Area’.[11] Include this right if you use automated decision making which has legal or other significant effects on an individual. Use of typical online advertising (e.g. remarketing advertisements) will not, for most businesses, be considered to have a significant effect on an individual (e.g. if you target advertisements to individuals who visit your website) but it depends on the circumstances and nature of the advertisements and your business. There is no exhaustive list of factors to take into account in determining whether something will have a significant effect on an individual but the following are relevant: (i) how intrusively you have profiled individuals to target your advertisements (e.g. complex combinations of profiling criteria); (ii) what the individuals who are receiving the advertisements would expect or want; (iii) the method of delivery of the advert; and (iv) the particular vulnerabilities of the individuals in question. An example of where online advertising could have a significant effect would be if a gambling company targeted adverts at someone who was in financial difficulties.[12] 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.[13] This paragraph should only be included if the data controller is based outside the European Union. Where a data controller (the person or entity which decides the purposes for which personal data is processed and the means for doing so) is located outside the European Union and it processes (i.e. uses) the data of persons inside the European Union, it is required to appoint a “representative” in an EU member state. The representative must be a natural person (i.e. an individual) or legal person (i.e. a legal entity, such as a company) established in one of the EU member states in which the persons whose data are processed, are present. The purpose of the representative is to represent the data controller in respect of its obligations under the General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) and any other relevant data protection laws and regulations in force in the relevant territory. If you require an EU representative, please email sales@gdprprivacypolicy.org.[14] This paragraph should only be included if you have appointed a data protection officer. Certain organisations will need to appoint a data protection officer and, if so, provide the contact details of the data protection officer in this notice. You will be required to appoint a data protection officer if the data controller’s core activities consist of: (i) processing operations which require regular and systematic monitoring of data subjects on a large scale; (ii) processing sensitive personal information and personal information relating to criminal convictions and offences on a large scale; or (iii) if required by EU or national EU member state law.[15] This provision should only be included if you use Google Analytics on your website.[16] This provision should only be included if you use web beacons i.e. certain tracking code to monitor receipt of emails and user activity on your website. Unless you display certain types of advertising on your website or track emails sent by a third party provider (e.g. MailChimp or AWeber), it is unlikely that your website will involve any use of web beacons. If you are unsure about whether your website uses web beacons, you should retain this paragraph for the time being and check with your website developer.[17] This provision should only be included if you use Facebook Pixel on your website. Unless you have installed Facebook Pixel tracking code on your website, which you should be aware of, your website will not use Facebook Pixel.[18] You should edit and amend this list as appropriate to reflect any public sources which you may obtain information about individuals from.[19] Include this clause if you purchase lists from third parties. Note that it is possible not to include this clause in your privacy policy providing that you meet the obligation (which you are required to meet in any event) to provide individuals with a copy of your privacy policy where you have obtained their details from third parties.[20] This list of purposes for which personal information may be used sets out the most common uses of personal information by a business. You should delete or add to this list as appropriate. However, in general, you may only process personal information for a limited number of purposes, and the most commonly used purposes are: (i) in order to perform a contract with the individual; (ii) for your legitimate interests as a business; or (iii) for compliance with a legal obligation. If you cannot process the personal data in question on one of these grounds, you will require the individual’s explicit consent to process their data, and such a purpose should be included in the following section beginning “We may process your personal information for the following purpose(s) where we have your consent to do so”.[21] This provision covers a situation where your business is comprised of multiple companies within a corporate group. If you have a single company or other legal entity, or are a sole trader, this provision should be deleted.[22] 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.[23] This provision should only be included if you accept payment for goods and services on or via your website (i.e. you are an ecommerce website). If you accept payments for goods and services in different ways e.g. in person via card (e.g. you are a physical shop or tradesman) you should amend this clause to reflect that and include the payment processor you use.[24] Include this sentence if you share personal information with analytical companies on an anonymised basis. If you do not share personal information with such organisations on an anonymised basis, you will need to consider whether you will be required to obtain the data subjects’ consent.[25] This paragraph should only be included if you use automated decision-making or profiling. If you do not use any automated decision-making or profiling, you should delete it.[26] As far as possible, you should state fixed time periods for your retention of information.[27] If you keep information for longer than the legal record keeping period you must be able to justify why you do so and provide your explanation here.[28] One of the most common sources of personal information is enquiries from customers or potential customers. There is no fixed time period specified by law for retaining the personal information you receive in connection with those enquiries. We would recommend setting a specific period which you can justify as reasonable. Ideally, any personal information should be deleted as soon as an enquiry has been resolved, but this may not be practical to implement for many businesses. We would anticipate that a period of one to three months would not be unreasonable for the vast majority of businesses, although a longer period may be acceptable provided that it can be justified. It is important to remember, however, that holding onto personal information generally increases the risk of liability so we would recommend that you delete such information as soon as you no longer require it, in particular to reduce the risk of you having to respond in detail to a subject access request, which can be very onerous.[29] If you store data collected for specific circumstances for any specific period of time or on any specific basis, you should insert the relevant information here.[30] These are general factors which the Information Commissioner’s Office recommends that you consider when determining the retention period for personal information. You should delete any factors that do not apply to your determination of how long you retain information and add any additional factors that you take into account (if any).[31] You need to ensure that personal information collected via your website is stored on secure servers.[32] Include this provision if you accept payment for goods and services online from your website.[33] Although transmission of information over the internet is inherently insecure, you need to ensure that personal information collected via your website is stored on secure servers.[34] If you transfer any personal information outside the European Economic Area (EEA) using specific safeguards, you will need to delete any safeguards you do not use and retain the safeguards used. You should be as specific as possible and explain in what circumstances an individual’s personal data will be transferred outside the EEA (e.g. if they sign up to your mailing list or use a chat box on your website and such providers store the data collected outside the EEA and, wherever possible, you should reference such providers by name and include links to their privacy policies). If you are confident that you do not and will not transfer any personal information outside the EEA, you should state this and amend this provision accordingly. However, if you think there could be circumstances in the future where you may need to transfer personal information outside the EEA, you should retain the full list of safeguards to give you flexibility as to which safeguards you use if you do choose or need to transfer any personal information outside the EEA.[35] Where you have made available any of the safeguards referred to in the bullet points, you must provide a means to obtain a copy of them.[36] You will need to include this right if you engage in automated decision making which has a legal effect on individuals or which similarly significantly affects individuals. This will generally not be the case in relation to regular online advertising methods and web analytics. However, you should see the section and footnotes relating to the section entitled ‘Our use of automated decision making and profiling’ below.[37] Include this provision if you use text (SMS) marketing. If you only use email marketing, for example, you can delete this provision.[38] Sensitive personal information is outside the scope of this privacy policy as it is not ordinarily collected by most businesses. If you do collect sensitive personal information, you should seek appropriate advice on how to ensure your website and collection methods comply with the General Data Protection Regulation and any other applicable legislation. In many cases, the only legal basis on which you will be able to process sensitive personal information will be an individual’s explicit consent (under Article 9(2)(a) of the GDPR.[39] The legal status of a do not track request has not yet been confirmed (i.e. whether it should be considered an objection to processing or objection to profiling under the GDPR). As such, it is unclear whether there is any legal obligation to respond to such requests and whether any enforcement action will be taken against websites which do not recognise the request. We would recommend, however, that you err on the side of caution and assume that the GDPR will be recognised as a valid method of objecting to tracking technologies on your site and implement an appropriate solution to respond to this (e.g. Cookie Control by Civic: https://www.civicuk.com/cookie-control)This disclosure is required to satisfy The California Online Privacy Protection Act (CalOPPA) and there is no requirement to make such a disclosure under GDPR. Therefore, you may wish to delete this paragraph altogether although you would run the risk of being found to be in breach of CalOPPA, particularly if users from California access your website.