1. Introduction to this Policy
1.2. You should read this Policy carefully as it contains important information about how we will use your Information (as defined below in clause 4.1). You will be required to indicate your consent to the processing of your Information in the Platform as set out in this Policy when you sign up to the Platform. If you do not consent to such processing you should not submit any Information through the Platform. For further information about consent see clause 7 below.
1.3. We may update this Policy from time to time in accordance with clause 19 below. This Policy was last updated on 4th July 2017.
2. About us
2.1. The terms "DevicePilot" or "us" or "we" refer to DevicePilot Limited, the owner or licensor (as applicable) of the Platform. We are a company registered in England and Wales under company number 08413230 whose registered office is at 14 Rosebery Avenue, London, EC1R 4TD, UK. The term "you" refers to the individual wishing to register, manage or review a Device using any services in the Platform.
3. Data Protection
3.1. References in this Policy to:
3.1.1. "Privacy and Data Protection Requirements" means: the Data Protection Act 1998 (until repealed) ("DPA"), the Data Protection Directive (95/46/EC) (until repealed) and, from 25 May 2018, the General Data Protection Regulation 2016/679 ("GDPR") or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction; and
3.1.2. "Data Controller", "Information Commissioner", "Personal Data" and "processing" shall have the meanings given to them in the DPA or, from 25 May 2018, the GDPR.
3.2. For the purposes of applicable Privacy and Data Protection Requirements, we (DevicePilot Limited) are a Data Controller and therefore we are responsible for, and control the processing of, your Personal Data in accordance with applicable Privacy and Data Protection Requirements. "Personal data" has a legal definition but, in brief, it refers to information from which a living person can be identified. Such information must be protected in accordance with applicable Privacy and Data Protection Requirements.
4. Information we may collect about you
4.1. When you use the Platform and/or when you otherwise deal with us we may collect the following information about you ("Information"):
4.1.1. personal information including first and last name, and possibly date of birth, photograph and/or likeness;
4.1.2. contact information including residential address, work address, primary email address and/or primary phone number;
4.1.3. information about any Devices you wish to register on and manage through the Platform;
4.1.4. technical information including IP address, operating system, browser type and related information regarding the device you used with the Platform, the length of your visit and your interactions with the Platform; and
4.1.5. information obtained through our correspondence and monitoring in accordance with clause 13 below.
4.3. Occasionally we may receive information about you from other sources, for example, the Customer organization registering your user account. If so, we will add this information to the Information we already hold about you in order to help us carry out the activities listed below.
5. How long we keep your Information
5.1. Subject to clause 5.2, we will keep your Information only for as long as we need to hold it for the purposes set out in clause 8 below.
5.2. If required, we will be entitled to hold Information for longer periods in order to comply with our legal or regulatory obligations.
6. Legal basis for processing your information
6.1. From 25 May 2018, under applicable Privacy and Data Protection Requirements, we may only process your Information if we have a "legal basis" (i.e. a legally permitted reason) for doing so. For the purposes of this Policy, our legal basis for processing your Information is:
6.1.1. your consent (for which see clause 7 below); or
6.1.2. subject to your rights set out in clause 16 below, the legitimate interest of providing services to our clients through the Platform, which requires the processing of your Information to enable us to provide these services to our clients.
7. Your consent to processing
7.1. As noted above, you will be required to give consent to the processing of your Information as set out in this Policy. We will seek this consent from you when you first submit Information through the Platform.
7.2. If you do not consent to such processing you should not submit any Information through the Platform.
7.3. If you have previously given consent you may freely withdraw such consent at any time. You can do this through your Account (as defined in our terms and conditions available at https://app.devicepilot.com or by notifying us in writing (see clause 22 below).
7.4. If you withdraw your consent, and if we do not have another legal basis for processing your information (see clause 6 above), then we will stop processing your Information. If we do have another legal basis for processing your information then we may continue to do so subject to your legal rights (for which see clause 16 below).
7.5. Please note that if we need to process your Information in order to operate the Platform and/or provide our services, and you object or do not consent to us processing your Information, the Platform and/or those services may not be available to you.
8. How we use your Information
We may process Information held about you for the following purposes:
8.1. to provide and/or carry out Device registration and management services and related services and to fulfil any other obligations arising from any contracts entered into between us and our customers regarding such services;
8.2. to investigate and address any comments, queries or complaints made by you or our customers regarding the Platform;
8.3. to ensure that content from the Platform is presented in the most effective manner for you and for your device;
8.4. to conduct research, statistical analysis and behavioural analysis (including anonymizing data for these purposes);
8.5. to provide insights based on aggregated, anonymous data collected through the research and analysis referred to at 8.4 above;
8.6. for administration, maintenance and improvements of the Platform and/or our services;
8.7. to allow you to participate in interactive features of the Platform, including inputting information and providing feedback;
8.8. to contact you for marketing purposes (see 'Marketing and opting out' in clause 9 below);
8.9. to disclose your information to selected third parties as permitted by this policy (see clause 11 below);
8.10. to notify you about changes to the Platform; and
8.11. to comply with our legal obligations, including obligations relating to the protection of Personal Data.
9. Marketing and opting out
9.1. If you have given permission, we may contact you by telephone and email about our products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to use your data for such purposes. If you prefer not to receive any direct marketing communications from us, or you no longer wish to receive them, you can opt out at any time (see below).
9.2. You have the right at any time to ask us, or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should use the "unsubscribe" instructions in the communications you receive from us or them, or contact us by sending an email to email@example.com, or contact the relevant third party using their given contact details, giving us or them enough information to identify you and deal with your request.
10. Disclosure of your information
10.1. We may disclose your Information (including Personal Data):
10.1.1. to other companies within our group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006);
10.1.2. to our business partners, service providers or third-party contractors to enable them to undertake services for us and/or on our behalf (and we will ensure they have appropriate measures in place to protect your Information);
10.1.3. to any prospective buyer or seller (and their representatives) in the event that we sell or buy any business or assets;
10.1.4. if we are under a duty to disclose or share Personal Data in order to comply with any legal obligation, including (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity; and
10.1.5. to other third parties if you have specifically consented to us doing so.
10.2. We may disclose aggregated, anonymous information (i.e. information from which you cannot be personally identified), or insights based on such anonymous information, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of the Platform. In such circumstances we do not disclose any information which can identify you personally.
10.3. If our whole business is sold or integrated with another business your Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
11. Keeping your Information secure
11.1. We will use technical and organisational measures in accordance with good industry practice to safeguard your Information.
11.2. While we will use all reasonable efforts to safeguard your Information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any Information that is transferred from you or to you via the internet.
We may monitor and record communications with you (such as telephone conversations and emails) for the purposes of provision of services, quality assurance, training, fraud prevention and compliance purposes. Any information that we receive through such monitoring and communication will be added to the information we already hold about you and may also be used for the purposes listed in clause 8 above.
13. Overseas transfers
13.1. From time to time we may need to transfer your Information to countries outside the European Economic Area, which comprises the EU member states plus Norway, Iceland and Liechtenstein ("EEA").
13.2. Such countries may not have similar protections in place regarding protection and use of your data as those set out in this Policy. Therefore, if we do transfer your Information to countries outside the EEA we will take reasonable steps in accordance with applicable Privacy and Data Protection Requirements to ensure adequate protections are in place to ensure the security of your Information.
13.3. By submitting your Information to us in accordance with this Policy you consent to these transfers for the purposes specified in this Policy.
14. Information about other individuals
If you give us information on behalf of a third party, you confirm that the third party has appointed you to act on his/her/their behalf and has agreed that you can: give consent on his/her/their behalf to the processing of his/her/their Information; receive on his/her/their behalf any data protection notices; and give consent to the transfer of his/her/their Information abroad (if applicable).
15. Your rights
If you are an individual, this section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights you should put your request in writing to us (using our contact details in clause 22 below) giving us enough information to identify you and respond to your request.
15.1. You have the right (possible subject to the payment of a small fee depending on when you request this right) to request information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
15.2. You have the right to have any inaccurate information we hold about you be corrected and/or updated. If any of the Information that you have provided changes, or if you become aware of any inaccuracies in such Information, please let us know in writing giving us enough information deal with the change or correction.
15.3. You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the "right of erasure"). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case we will let you know.
15.4. You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing (see clause 16.6 below).
15.5. You have the right to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different Data Controller (the "right to data portability"). Please note that the right to data portability is only available in some circumstances, for example where the processing is carried out by automated means. If you request the right to data portability and it is not available to you we will let you know.
15.6. You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests. If, as a result of your circumstances, you do not have the right to object to such processing then we will let you know.
15.7. You have the right to object to direct marketing, for which see clause 9.4 above.
If you have any concerns about how we collect or process your Information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner"s Office ("ICO"). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
17. "Cookies" and related software
17.1. Our software may issue "cookies" (small text files) to your device when you access and use the Platform and you will be asked to consent to this at the time (e.g. when you first visit our website). Cookies do not affect your privacy and security since a cookie cannot read data off your system or read cookie files created by other sites.
17.3. You can set your system not to accept cookies if you wish (for example by changing your browser settings so cookies are not accepted), however please note that some of our Platform features may not function if you remove cookies from your system. For further general information about cookies please visit www.aboutcookies.org or www.allaboutcookies.org.
18. Changes to this Policy
18.1. We keep this Policy under regular review and may change it from time to time. If we change this Policy we will post the changes on this page, and place notices on other pages of the Platform as applicable, so that you may be aware of the Information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version this Policy as it will apply each time you access the Platform.
18.2. This Policy was last updated on 4th July 2017.
19. Links to other websites
Our Platform may contain links to other websites. This Policy only applies to our Platform. If you access links to other websites any Information you provide to them will be subject to the privacy policies of those other websites.
This Policy aims to provide you with all relevant details about how we process your Information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty in reading or understanding this Policy, or if you would like this Policy in another format (for example audio, large print or braille), please get in touch with us.
21. Contact us
We welcome your feedback and questions on this Policy. If you wish to contact us, please email us at firstname.lastname@example.org.