Sincere apologies in advance for the length of this document. We have seen several other much shorter privacy polices on other websites that purport to comply with the new GDPR regulations, and our law firm insist that ours should be disclosed fully as below to be GDPR compliant.
Bruce King and iZONEN are trading names of Out’a The Box Marketing Ltd., the owner and controller of the websites associated with those trading names, and is registered with the Information Commissioners Office Reference number ZA364463. Our company is registered in England and Wales, registration number 6735839. Our registered address is Hallswelle House, Hallswelle Road, London NW11 0DH. Our trading address is 23 Southerton Way, Shenley, WD7 9LJ.
In this policy, “we”, “us” and “our” refer to Out’a The Box Marketing and its trading names.
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal and business data of our website visitors and service users, in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Any data you enter via a form on this website or sent by you to us by any other means is used solely by us. We do not rent or sell any of our data to any third party. We believe strongly in an ethical opt-in approach to all marketing activity. Should you require any further information on our policies, please contact us.
- How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) In the case of personal data that we did not obtain directly from you, the source and specific categories of that data including other websites where you have connected with us;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent AND/OR our legitimate interests, namely monitoring and improving our website and services AND/OR to offer you other relevant services
2.3 We may process your account data (“account data“). The account data may include your name, company name, street and email address and other details you have provided to us or are in the public domain. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent AND/OR our legitimate interests, namely the proper administration of our website and business AND/ OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include the same information as in 2.3 above and from the same sources. The legal basis for this processing is consent AND/ OR our legitimate interests, namely the proper administration of our website and business AND/OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.5 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business AND/OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.6 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent by virtue of your enquiry.
2.7 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent AND/OR our legitimate interests, namely the proper management of our customer relationships.
2.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
2.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters. (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent AND/OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.10 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.11 In addition to the specific purposes for which we may process your personal data we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3 Retaining and deleting personal data
3.1 This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
3.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. It is not possible for us to specify in advance the periods for which your personal data will be retained.
3.3 Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- Security of personal data
4.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
4.2 We will store all your data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
4.3 The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.
4.4 Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
4.5 You acknowledge that the transmission of unencrypted or inadequately encrypted data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
4.6 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
5.1 We may update this policy from time to time by publishing a new version on our website.
- Your rights
6.1 In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
6.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, and on request but additional copies may be subject to a reasonable fee.
6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
6.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
6.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
6.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
6.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
6.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
6.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
6.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section.
7 Third party websites
7.1 We use Mail chimp and Onclick CMS to enable us to communicate with you. They are both strictly GDPR compliant.
7.2 Our website includes hyperlinks to, and details of, third party websites.
7.3 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
7.4 Our website and services are targeted at persons over the age of 18. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
- Updating information
8.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
- Acting as a data processor
9.1 In respect of all data we hold on you,we do not act as a data controller; instead, we act as a data processor.
9.2 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
- Cookies used by our service providers
- Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);
(e) https://support.apple.com/kb/PH21411(Safari); and
11.2 Blocking all cookies will have a negative impact upon the usability of our websites. If you block cookies, you will not be able to use all the features on our website.
- You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
- Representative within the European Union
13.3 Our representative within the European Union with respect to our obligations under data protection law is iZONEN SODERPALM AB, a company registered in Sweden, Company Registration Number 556768 – 2942, whose registered address is Skårsgatan 48, 412 69 Göteborg, Sweden. Their contact details are listed on their website at www.izonen.se