This page was last updated on September 11, 2019
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.
- Definitions and Interpretation
- Information About Us
- What Does This Policy Cover?
- What Is Personal Data?
- What Are My Rights?
- What Data Do You Collect and How?
- How Do You Use My Personal Data?
- How Long Will You Keep My Personal Data?
- How and Where Do You Store or Transfer My Personal Data?
- Do You Share My Personal Data?
- How Can I Control My Personal Data?
- Can I Withhold Information?
- How Can I Access My Personal Data?
- How Do I Contact You?
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
|“Account”||means an account required to access and/or use certain areas and features of our Site;|
|“Cookie”||means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used our Site are set out in Part 14, below; and|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Officer of the Privacy Commissioner of Canada (OPC);|
2. Information About Us
Our Site is owned and operated by Pro-Sapien Software Ltd., a limited company registered in Scotland under company number SC414294.
Registered address: Moncrieff House, 5th Floor, 69 West Nile Street, Glasgow, G1 2QB.
Address: Moncrieff House, 5th Floor, 69 West Nile Street, Glasgow, G1 2QB.
VAT number: 130 999 002.
Data Protection Officer: Murray Ferguson.
Email address: email@example.com.
Telephone number: 0141 353 1165.
Postal address: Moncrieff House, 5th Floor, 69 West Nile Street, Glasgow, G1 2QB.
Our Site is also operated by Pro-Sapien Software Ltd. employees based in Toronto, ON, Canada.
3. What Does This Policy Cover?
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.
5. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
- The right to access the personal data we hold about you. Part 13 will tell you how to do this.
- 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.
- 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.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to us using your personal data for a particular purpose or purposes.
- 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.
- 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.
- Rights relating to automated decision-making and profiling.
PIPEDA requires Pro-Sapien Software Ltd. to collect, use or disclose your personal information by fair and lawful means, with your consent, and only for purposes that are stated and reasonable.
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, your local Citizens Advice Bureau and https://www.priv.gc.ca/en/about-the-opc/publications/guide_ind/ (Canada).
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 and you have the right to file a complaint with the Office of the Privacy Commissioner of Canada. 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?
|Data Collected||How We Collect the Data|
|Identity Information including name.||Forms on our website.|
|Contact information including address, email, phone number.||Forms on our website.|
|Business information including business name, job title, industry, business size.||Forms on our website, LinkedIn, business websites.|
|Profile information including cookie preferences, marketing email preferences, interests.||Forms on our website, cookie preferences toggles. Your Cookie Preference is deemed as Strictly Necessary in order to operate our Site, defined by our Cookies Policy.|
|Technical information including IP address, browser, operating system, device.||Google Analytics. Deemed as Strictly Necessary in order to operate our Site, defined by our Cookies Policy.|
|Data from third parties including contact information and business information.||LinkedIn, business websites.|
7. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. PIPEDA requires us to collect, use or disclose your personal information by fair and lawful means, with your consent, and only for purposes that are stated and reasonable. The following table describes how we may use your personal data, and our lawful bases for doing so:
|What We Do||What Data We Use||Our Lawful Basis|
|Personalising and tailoring your experience on Our Site.||Cookie preferences, interests.||Legitimate Interest. Cookie preferences allow us to disable or enable certain cookies and remember your preferences in future. We use your interests, e.g. the signup page the form you filled in is on, to tailor your experience on our site by displaying the correct ‘thank you’ page.|
|Administering our Site.||IP address, browser, operating system, device.||Legitimate Interest. By understanding how users access our site, we are able to optimize pages for faster load times and more relevant content.|
|Communicating with you.||Name, email address, phone number, business name.||Legitimate Interests. If you have filled in a form to access gated content from Pro-Sapien, e.g. demo videos, we have reason to believe you are interested in our software and a team member will be in touch to offer assistance. Any information you divulge in emails may be recorded in our secure Customer Relationship Management software (Microsoft Dynamics) and will be processed by Microsoft Outlook.|
|Supplying you with information by email that you have opted-in-to (you may opt-out at any time by unsubscribing via Mailchimp).||Marketing email preferences, interests, business name, industry.||Consent. When filling in a form on our website, we capture your marketing email preferences (opt-in, opt-out). When you have opted in, we may use your industry and interests (e.g. Signup page) to tailor marketing emails to you. We use Mailchimp to manage marketing emails and contacts.|
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, TidioChat) 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 Mailchimp. Your interactions allow Mailchimp 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, PIPEDA and your legal rights.
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):
|Type of Data||How Long We Keep It|
|Identity Information including name.||10 years from new/update or for the duration of communications/business, whichever is longer.|
|Contact information including address, email, phone number.||10 years from new/update or for the duration of communications/business, whichever is longer.|
|Business information including business name, job title, industry, business size.||10 years from new/update or for the duration of communications/business, whichever is longer.|
|Profile information including cookie preferences, marketing email preferences, interests.||Cookie preferences are retained for 1 year. Marketing email preferences and interests retained for 48 months from new/update, or throughout frequent engagement, whichever is longer. If you unsubscribe from our marketing emails, we suppress your details in Mailchimp which will be purged after 48 months.|
|Technical information including IP address, browser, operating system, device.||User and event data is retained for 26 months. All other data is aggregated.|
|Data from third parties including contact information and business information.||10 years from new/update or for the duration of communications/business, whichever is longer.|
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 UK and/or 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 UK and under the Data Protection Legislation as follows:
We may share your data with external third parties, as detailed below in Part 10, that are based outside of the EEA. The following safeguards are applied to such transfers:
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.
Where we transfer your data to a third party based in the US, the data may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
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 and/or Office of the Privacy Commissioner of Canada where we are legally required to do so.
11. How Can I Control My Personal Data?
- In addition to your rights under the Data Protection Legislation (UK) and PIPEDA (Canada), 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 and by managing your Account).
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- In Canada, you may also wish to sign up to one or more of the preference services operating in Canada: The National Do Not Call List , and/or remove your name and address from the Canada Post’s Name and Address Database.
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.
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.
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: firstname.lastname@example.org.
Telephone number: 0141 353 1165.
Postal Address: Pro-Sapien Software, Moncrieff House, 5th Floor, 69 West Nile Street, Glasgow, G1 2QB.
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.