3. As a data controller we are responsible for your Personal Data and committed to protecting your personal privacy. We have an obligation to process and collect any Personal Data lawfully safely and securely. In certain circumstances we may be required to disclose your Personal Data in order to comply with a regulatory or legal obligation. In all other circumstances, we will treat all Personal Data received from you confidentially and will only use your Personal Data to allow us to deal with your enquiry, to provide our services to you, to approach appropriate third parties on your behalf, or for our own marketing purposes.
5. This is not a contractual document and it does not create any rights or obligations on your behalf or on our behalf beyond those which already exist under data protection laws.
6. It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
7. When we process an enquiry or provide services for you we may collect and process your Personal Data.
8. We may collect Personal Data from you initially when you submit it to us via your enquiry and we may collect additional Personal Data from you subsequently as required for us effectively to provide our services to you.
9. In addition to the Personal Data set out above, we may collect your Internet Protocol address and other device related information such as your operating system and platform, browser details, time zone and device type. We may also collect data about how you use our website, products and services.
10. If you access our websites on your mobile phone or mobile device, we may also collect your unique device identifier and mobile device IP address as well as information about your device’s operating system, mobile carrier and your local information. We may also ask you to consent to providing your mobile phone number.
12. We do not routinely collect any Special Categories of Personal Data about you such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. Nor do we routinely collect any information about criminal convictions and offences (Criminal Conviction Data). In some cases, these types of data may be relevant to your specific enquiry and the services we provide to you, in which case we will discuss this with you.
14. We will take your provision of Personal Data to us as your consent to our processing that Personal Data as part of responding to your enquiry and/or providing you with our services.
15. Where we need to collect Personal Data by law, or as part of the detail relevant to your enquiry and you fail to provide that data when requested, we may not be able to properly provide the service you are requesting from us. In this case, we may have to cancel a product or service you have with us but we will notify you at the time if this is the case.
16. Predominantly, we will use the Personal Data we collect from and about you to respond to any enquiry you have made to us and to carry out the service you have asked us to provide and/or to perform the contract we have entered into with you.
17. We will also use your Personal Data where we need to do so to comply with any legal or regulatory obligations, and, where we have your consent, to contact you with marketing information about other Etico Group products or services that we think you may find useful. You are free to withdraw your consent for marketing at any time by emailing us at email@example.com
18. We may also use aggregated or technical data for analytical purposes relating to client demographics, website performance & optimisation and to assess the performance of our marketing.
19. We may share your data with third parties for the purposes set out below. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions:
a) Insurers and/or litigation funders: We may need to share your Personal Data with insurers and/or litigation funders if, in order to carry out the service you have requested, we need to share your Personal Data in some form of proposal. Whether informal or formal, this will always be shared on a strictly Commercial in Confidence basis and will only be so shared in pursuit of achieving the objective you have instructed us to seek.
b) Internal Systems Providers: We use case management software and other software to operate the service we provide to you. Our software providers provide a backup function for business recovery purposes, which entails them holding copies of our data.
c) Professional Advisors: It may be necessary to pass your details on to professional advisors acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy banking, legal, advice, insurance and accounting services.
d) Mailing Services: Some of our outgoing mail is produced and sent by specialist external operational post providers, requiring us to share name and address information for the sole purpose of producing and sending our documents.
e) Telephone service provider: All calls to and from Etico Group are recorded for training and monitoring purposes, and for your protection.
f) Marketing partners: If we are sending marketing material to you, we may use external providers to make the arrangements.
20. We have implemented reasonable physical, technical and administrative security measures to prevent your Personal Data from loss, misuse, unauthorised access, alternation and destruction. We protect your Personal Data using security measures such as pseudonymisation, encryption, password protection and regularly evaluated and tested security software.
21. All data transfers with the third parties outlined above are achieved via secure means and use the https standard as a minimum where web based. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to access it. They will only process your Personal Data on our instructions or if they are a professional advisor acting as joint data controller pursuant to a data sharing agreement with us and in all cases will be subject to a duty of confidentiality.
22. We have put in place procedures to deal with any suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
23. Whilst we do not share any Personal Data with any providers based outside of the EEA, the physical location of some web hosting involved in our process may be based in the U.S. and therefore outside of the EEA. We use a number of mechanisms to help ensure the security of any Personal Data transferred in this way including only using those providers who comply with the Privacy Shield Framework, set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from the EEA.
24. How long we retain your Personal Data depends on the purpose for which it was obtained and its nature. We will only retain your Personal Data for as long as is necessary. Where we have provided you with services, we are required by law or regulation to retain some or all of your Personal Data for a specified period and we will usually retain your Personal Data for a period of six years from the date on which we cease to provide services to you. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your Personal Data and the purposes for which we process your Personal Data.
25. Subject to various exceptions and the processing activities we carry out in respect of your Personal Data, you have certain rights under data protection laws in relation to your Personal Data. You have the right to:
a) Request access to your Personal Data. You can do this by making a “data subject access request”. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
b) Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
c) Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with the law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
d) Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
e) Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:
i. if you want us to establish the accuracy of your Personal Data;
ii. where our use of your Personal Data is unlawful but you do not want us to erase it;
iii. where you need us to hold your Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
iv. you have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
f) Request the transfer of your Personal Data to you or to a data controller chosen by you. We will provide to you, or a data controller you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to Personal Data which is processed by automated means and which we are processing with your consent or pursuant to the performance of a contract to which you are a party.
g) Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. We may continue to process your Personal Data if we are processing that data on the basis of our compelling legitimate interests. In this case, we will inform you why we cannot stop processing your Personal Data.
26. If you wish to exercise any of the rights set out above, please contact us either at firstname.lastname@example.org, or by post with the words "Subject Access Request" clearly marked. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee and/or refuse to comply with your request if your request is clearly unfounded, repetitive or excessive.
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MR C from Wells