Privacy

Background

Pro-Sapien Software Ltd. understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.pro-sapien.com (“our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested at first use of our Site (Cookie Preferences) and when you fill in a form on our Site.

If you do not agree to our Privacy Policy, please stop using our Site immediately.

1. Definitions

In this Policy the following terms shall have the following meanings:

2. Information About Us

Our Site is owned and operated by Pro-Sapien Software Ltd. ("Pro-Sapien"), a limited company registered in Scotland under company number SC414294.

Registered address: 87 St. Vincent Street, 3rd Floor, Glasgow, G2 5TF.

Address: 87 St. Vincent Street, 3rd Floor, Glasgow, G2 5TF.

VAT number: 130 999 002.

Data Protection Officer: Murray Ferguson.

Email address: dataprotectionofficer@pro-sapien.com.

Telephone number: 0141 353 1165.

Postal address: 87 St. Vincent Street, 3rd Floor, Glasgow, G2 5TF.

Our Site is also operated by Pro-Sapien contractors based in Canada with mailing address 111 Peter St, Suite 700, Toronto, ON, M5V 2H1.
 

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
 

4. What Is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

In Canada, under Personal Information Protection and Electronic Documents Act (PIPEDA), personal information includes any factual or subjective information, recorded or not, about an identifiable individual.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
 

5. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
5. The right to restrict (i.e. prevent) the processing of your personal data.
6. The right to object to us using your personal data for a particular purpose or purposes.
7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
9. Rights relating to automated decision-making and profiling.

Our site may only collect personal information that is essential to the business transaction. If further information is requested, you are entitled to ask why, and to decline to provide it if you are dissatisfied with the answer. You should still be able to complete the transaction, even if you refuse to give out more personal information than is warranted.

Pro-Sapien Software Ltd. is obliged to protect your personal information through appropriate security measures, and to destroy it when it’s no longer needed for the original purposes.

You have the right to expect the personal information we hold about you to be accurate, complete and up-to-date. That means you have a right to see it, and to ask for corrections if we got it wrong.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 15.
 

6. What Data Do You Collect and How?

Depending upon your use of our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookie Policy. We do not collect any ‘special category’ or ‘sensitive’ personal data, or personal data relating to children, or data relating to criminal convictions and/or offences.

7. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and PIPEDA, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third Parties (including Google, YouTube, Twitter, LinkedIn, Facebook, HubSpot) whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We use the following automated system for carrying out certain kinds of profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so.

Please contact us to find out more using the details in Part 15.

• The following automated profiling may take place:
  • Your interaction with the marketing emails you opt-in to is recorded by HubSpot. Your interactions allow HubSpot to generate a rating of how engaged you are with our emails. This data is used to send email campaigns to contacts based on engagement level. For example, we may wish to run a campaign re-engage un-engaged opted-in contacts. Or we may want to invite our most engaged opted-in contacts to take part in a survey. We rely on Legitimate Interest for this, as well as Consent as we will not use this data for opted-out contacts.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation.
 

8. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

9. How and Where Do You Store or Transfer My Personal Data?

We store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the EEA, UK and under the Data Protection Legislation.

We will only transfer your personal data to third countries whose levels of data protection are deemed ‘adequate’ by the European Commission. More information is available from the European Commission.

For example, the European Commission has recognised Canada as providing adequate protection.

Where a decision on ‘adequacy’ by the European Commission has not been made about the third country, Pro-Sapien will review the third party’s privacy policies including the Standard Contractual Clauses (SCCs) used as a mechanism for transferring the data outside of the EEA to ensure a similar level of privacy is adhered to as set out in this policy, before transferring your personal data.

For example, to store and process your personal data we use HubSpot software which hosts data in the United States of America. HubSpot's Data Processing Agreement includes the European Commission’s Standard Contractual Clauses (SCCs) as the mechanism to transfer data from the EU to the US. Additionally, HubSpot follows the EU-U.S. and Swiss-US Privacy Shield Principles. These guarantees are structured to assure the appropriate groups that HubSpot’s data-handling processes meet rigorous policy requirements.

Please contact us using the details below in Part 15 for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

• limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

10. Do You Share My Personal Data?

We may sometimes contract with the following third parties to supply certain products and services.

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

11. How Can I Control My Personal Data?

In addition to your rights under the Data Protection Legislation set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data.

In particular, we aim to give you strong controls on our use of your data for direct marketing purposes, including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails.
 

12. Can I Withhold Information?

You may access certain areas of Our Site without providing any personal data at all, excluding information that is deemed Strictly Necessary by our Cookies Policy, such as IP address and Cookies Preferences. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

If you do not agree to this Privacy Policy, please stop using our site immediately.

You may restrict our use of Cookies. For more information, see Part 14 and our Cookie Policy.
 

13. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 10 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
 

14. How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our products and services. By using our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on our Site for tailored advertising to you on our Site, or by third parties providing analytics services to Us, or to deliver necessary functionality in order to use our site such as embedding YouTube videos. In addition, Our Site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use Our Site. For more details, please refer to our Cookie Policy.

Our Cookie Policy also contains information on how to control cookies using your browser settings.
 

15. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Data Protection Officer):

Email address: dataprotectionofficer@pro-sapien.com.

Telephone number: 0141 353 1165.

Postal Address: Pro-Sapien Software, 87 St. Vincent Street, 3rd Floor, Glasgow, G2 5TF.