- ethical sourcing
The current legal requirements for website cookies and similar technologies stem from the Privacy and Electronic Communications (EC Directive) Regulations 2003 and, as of 25 May 2018, from the European General Data Protection Regulation 2016 (“GDPR”).
Privacy online is of great importance, all the more so in light of the GDPR which represents the single greatest step forward in privacy legislation since the Data Protection Act of 1998; a piece of legislation which was crafted before the advent (or at least the rise) of many forms of data collection and usage that are commonplace today, particularly online.
Privacy in general is also increasingly an important issue for internet users who are increasingly concerned that their data is being commodified largely without their permission or knowledge. This is not only important from a legal standpoint, but also from a business one. By complying with the law, not only is your business safe from penalties – particularly the tough ones introduced by the GDPR – but it is also likely to engender a greater degree of trust from its customers.
1.1 Cookies and Similar Technologies
While most guidance focuses on cookies (indeed, the laws governing such technologies are commonly collectively referred to as “cookie law”) it is important to note that the law does not only govern cookies. A number of technologies may be used in a similar way, such as local shared objects (also known as “flash cookies”), web beacons, clear gifs, page tags, and web bugs. References to “cookies” in these Guidance Notes should be taken as also referring to these similar technologies. As technology develops quickly, the law could not keep up if it limited itself in scope to particular terms of art.
1.2 The Law’s Purpose
1.2 The Law’s Purpose
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.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
b) The right to access the personal data we hold about you. Part 9 will tell you how to do this.
c) 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 10 to find out more.
d) 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 10 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) 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.
h) 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.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
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 10.
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 10.
5. What Personal Data Do You Collect and How?
Subject to the following, we do not collect any personal data from you. We do not place cookies on your compter or device, nor do we use any other means of data collection.
Our Site collects certain information automatically, including your IP address, the type of browser you are using, and certain other non-personal data about your computer or device such as your operating system type or version, and display resolution.
If you send us an email, we may collect your name, your email address, and any other information which you choose to give us. For the purposes of the Data Protection Legislation, We are the data controller responsible for such personal data.
The lawful basis under the Data Protection Legislation that allows us to use such information is article 6(1)(f) of the GDPR which allows us to process personal data when it is necessary for the purposes of our legitimate interests, in this case, the proper operation and functionality of Our Site. If you contact us as described above, you will be required to consent to our use of your personal data to contact you. In this case, our lawful basis for using your personal data will be article 6(1)(a) of the GDPR, which allows us to use your personal data with your consent for a particular purpose or purposes.
6. How Do You Use My Personal Data?
Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Legislation at all times. For more details on security see Part 7, below.
As stated above, we do not generally collect any personal data directly from you, but if you contact us and we obtain your personal details from your email, we may use them to respond to your email. The other technical data referred to above is necessary for the technical operation of Our Site and will not normally be used in any way to personally identify you
Any and all emails containing your personal data will not be retained for any longer than is necessary.
We will not share any of your personal data with any third parties for any purposes [other than storage on an email and/or web hosting server].
7. How and Where Do You Store My Data?
We will only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
[[We] OR [I] will [only store your personal data] OR [store some of your personal data] within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, the GDPR, and/or to equivalent standards by law.]
[[We] OR [I] [may] store 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)] OR [EEA]. 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] OR [I] 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] OR [I] store your data with [external third parties] OR [an external third party], as detailed below in Part 8, that [are] OR [is] based outside of the EEA. The following safeguard[s] [is] OR [are] applied:
[[We] OR [I] 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.]
[[We] OR [I] use [specific contracts with external third parties that are] OR [a specific contract with the external third party that is] approved by the European Commission for the transfer of personal data to third countries. Contracts like this require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission.]
[Where [we] OR [I] 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] OR [me] using the details below in Part 10 for further information about the particular data protection mechanism[s] used by [us] OR [me] when transferring your personal data to a third country.]
Personal data security is essential to [us] OR [me], and to protect personal data, [we] OR [I] take the following measures:
· 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 the Information Commissioner’s Office where we are legally required to do so;
8. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].
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.
9. 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 10. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
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 twenty one 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.
10. 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 Customer Care Manager
Email address: firstname.lastname@example.org
Telephone number: 07447313233
Postal Address: THE RECORD HALL
LG18, 16-16A Baldwin Gardens London EC1N7RJ
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.