[NOTE: THIS PRIVACY NOTICE DOES NOT REQUEST CONSENT FOR PROCESSING. THE WP29 DRAFT GUIDANCE ON CONSENT INDICATES THAT MOST BUSINESSES MAY FIND IT DIFFICULT TO RELY ON CONSENT AS DIFFICULTIES WILL ARISE IF THE INDIVIDUAL WITHDRAWS CONSENT, SO A DIFFERENT LAWFUL BASIS SHOUD BE FOUND FOR PROCESSING DATA IF AT ALL POSSIBLE. FOR GUIDANCE ON CONSENT FOR MARKETING PURPOSES VS LEGITIMATE INTERESTES AND THE IMPACT OF PECR, PLEASE SEE THE MARKETING TRAINING AS THIS IS A COMPLEX AREA. IF YOU NEED TO OBTAIN CONSENT, USE THE OPT IN WORDING (A SEPARATE DOCUMENT) AT THE POINT OF THE SIGN UP EG UNDERNEATH THE BOX WHERE THE INDIVIDUAL SUBMITS HIS OR HER DETAILS AND ADD A LINK TO THIS PRIVACY NOTICE.]
Website privacy notice
This privacy notice provides you with details of how we collect and process your personal data through your use of our site [INSERT THE URL OF YOUR WEBSITE].
By providing us with your data, you warrant to us that you are over 13 years of age. [NOTE: IF YOU PROVIDE ONLINE SERVICES TO CHILDREN UNDER 13, THEN YOU NEED PARENTAL CONSENT AND WAYS TO VERIFY THAT. YOU THEN NEED TO OBTAIN THE CHILD’S CONSENT WHEN THEY ARE 13. SEE MY VIDEO ON GDPR AND CHILDREN]
[INSERT YOUR COMPANY NAME OR IF YOU ARE SOLE TRADER YOUR NAME OR IF YOU ARE A PARTNERSHIP THE NAMES OF THE PARTNERS] [is/am/are] the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
[We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below. [SEE THE VIDEO GUIDE ABOUT WHETHER YOU NEED TO APPOINT A DPO. IF YOU DO NOT HAVE A DPO OR A DATA PRIVACY MANAGER, DELETE THIS CLAUSE]
Our full details are:
Full name of legal entity: [INSERT THE NAME OF YOUR COMPANY OR YOUR NAME IF A SOLE TRADER (EG AMANDA SMITH TRADING AS XYZ DESIGNS)]
[Name or title of Data Protection Officer] DELETE IF NOT RELEVANT]
Email address: [INSERT YOUR EMAIL ADDRESS]
Postal address: [INSERT YOUR POSTAL ADDRESS]
[Telephone number:] [NOTE: YOU DON’T HAVE TO PROVIDE THIS SO DELETE IF YOU DON’T WANT TO PROVIDE]
[Details of our Representative: DELETE IF NOT RELEVANT] [NOTE: IF YOU ARE BASED OUTSIDE OF THE EU, YOU MAY HAVE TO APPOINT A REPRESENTATIVE – SEE MY VIDEO ON TERRITORIAL SCOPE.]
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at [INSERT EMAIL ADDRESS] OR [BY CLICKING HERE TO UPDATE YOUR DETAILS IN OUR PREFERENCE CENTER]
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
[NOTE: THE FOLLOWING ARE EXAMPLES OF THE CATEGORIES OF DATA YOU PROCESS, THE PURPOSES FOR THE PROCESSING AND THE LAWFUL GROUND OF PROCESSING. IF YOU DO NOT ACTUALLY PROCESS THEM, PLEASE DELETE THEM. IF YOU PROCESS DATA OTHER THAN AS SET OUT BELOW, THEN USE THE FINAL PARAGRAPH TO INCLUDE THE RELEVANT DETAILS ON THIS PROCESSING.]
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground 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.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). [NOTE SEE SECTION 4 BELOW]
- [INSERT CATEGORY OF DATA] that includes data about [INSERT WHAT THE DATA IS ABOUT]. We process this data to [INSERT YOUR PURPOSE FOR PROCESSING]. Our lawful ground of processing is [INSERT LAWFUL GROUND OF PROCESSING] [which in this case are [INSERT LEGITIMATE INTERESTS] ] [NOTE: DELETE THE LAST SECTION OF THIS BULLET POINT IF YOU ARE RELYING ON A GROUND OTHER THAN LEGITIMATE INTERESTS]
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes 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. We do not collect any information about criminal convictions and offences.
[IF YOU DO COLLECT SENSITIVE DATA, DELETE THE ABOVE PARAGRAPH AND INSERT THE FOLLOWING:
We need to collect the following sensitive data about you in order to [deliver the services/product OR INSERT THE REASON FOR THE PROCESSING]:
[INSERT SENSITIVE DATA REQUIRED]
We require your explicit consent for processing sensitive data, so when you submit your details, we will send you a further communication asking for you to confirm your consent to this processing.] [NOTE: IF YOU ARE RELYING ON AN EXEMPTION TO THE GENERAL RULE THAT THE PROCESSING OF SENSITIVE DATA IS PROHIBITED OTHER THAN EXPLICIT CONSENT, DELETE THIS SENTENCE AND INSERT THE GROUND ON WHICH YOU ARE RELYING – SEE MY VIDEO ON THIS]
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at [INSERT EMAIL ADDRESS]. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling. [NOTE DELETE THIS IF YOU DO CARRY OUT AUTOMATED DECISION MAKING AND INSERT DETAILS OF THE AUTOMATED DECISION MAKING AND PROVIDE MEANINGFUL INFORMATION ABOUT THE LOGIC INVOLVED AS WELL AS THE SIGNIFICANCE AND THE ENVISAGED CONSEQUENCES OF SUCH PROCESSING FOR THE DATA SUBJECT – SEE THE VIDEO ON AUTMATED PROCESSING]
3. HOW WE COLLECT YOUR PERSONAL DATA [NOTE: YOU ONLY NEED TO INCLUDE THIS IF YOU HAVE NOT OBTAINED THE PERSONAL DATA DIRECTLY FROM THE DATA SUBJECT. DELETE THE SECTION IF NONE OF IT IS RELEVANT]
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
[INSERT ANY OTHER WAYS YOU COLLECT PERSONAL DATA].
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
[Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.] [NOTE: IF YOU ARE ESTABLISHED OUTSIDE OF THE EU, PECR DOES NOT CURRENTLY APPLY TO YOU BUT IT IS LIKELY TO APPLY TO YOU FROM 2019. SO YOU CAN DELETE THIS PARAGRAPH UNTIL THE REVISION COMES INTO FORCE]
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences] OR [by following the opt-out links on any marketing message sent to you or] OR by emailing us at [INSERT EMAIL ADDRESS] at any time].[AMEND AS APPROPRIATE]
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
[NOTE: UNDER PECR, UNSOLICITED MARKETING EMAILS AND TEXTS REQUIRE CONSENT, EXCEPT WHERE THEY ARE TO LIMITED COMPANIES OR THE SOFT OPT IN RULE APPLIES. HENCE THE WORDING IN SECTION 4 ABOVE. NOTE THAT THE SOFT OPT IN REQUIRES THE EMAIL MARKETING TO BE IN RELATION TO SIMILAR PROCUDTS OR SERVICES TO WHAT HAS BEEN PURCHASED PREVIOUSLY AND THAT THE RIGHT TO OPT OUT WAS STATED AT THE TIME THE DATA WAS COLELCTED AND ON EACH SUBSEQUENT MARKETING EMAIL. DISPLAY ADVERTISING SUCH AS FACEBOOK ADVERTS IS NOT COVERED UNDER PECR (THOUGH MAY BE IN THE NEW PECR THAT IS LIKELY TO COME INTO FORCE IN 2019) AND HENCE ARGUABLY THE LAWFUL GROUND OF PROCESSING IS LEGITIMATE INTERESTS (AND NO CONSENT IS NEEDED). SEE MY VIDEO ON THIS FOR MORE DETAILS]
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Other companies in our group who provide services to us. [DELETE THIS BULLETPOINT IF YOU DON’T HAVE A GROUP OF COMPANIES]
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities.
- [INSERT DETAILS OF ANY OTHER THIRD PARTIES, FOR EXAMPLE, MARKET RESEARCHERS, FRAUD PREVENTION AGENCIES, PRICE COMPARISON SITES ETC].
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS [NOTE: PLEASE WATCH THE VIDEO ON INTERNATIONAL TRANSFERS AND THINK ABOUT TRANSFERS TO SUCH PROVIDERS AS XERO, DROPBOX, MAILCHIMP, AWEBER ETC THAT HAVE THEIR SERVERS BASED IN THE UNITED STATES]
[IF NO TRANSFERS OUT OF EEA OCCUR:] [We do not transfer your personal data outside the European Economic Area (EEA).]
[IF TRANSFERS OUT OF EEA OCCUR:]
[We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).] [DELETE THIS PARAGRAPH IF YOU DO NOT HAVE A GROUP OF COMPANIES OUTSIDE OF THE EEA]
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
- We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
- Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
7. DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
[NOTE: THIS PARAGRAPH IS NOT MANDATORY BUT IS GOOD FOR REASSURANCE. YOU CAN DELETE IT IF YOU WOULD LIKE]
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at [INSERT EMAIL ADDRESS].
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 if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
10. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
[NOTE: THIS PARAGRAPH IS NOT MANDATORY BUT IS PROTECTING YOU]
Who we are
Our website address is: http://firenapse.com.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.