Privacy, Cookie and Data Protection Policies for Publisher Clients of the Qustodian App and Website Services
26th September 2018
2. Who We Are
Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (“GDPR”) says we have to give you as a 'data controller':
· The data controller is the “Publisher” company identified by the app you are considering or have downloaded or website visited, and is a publisher client of Qustodian - the software provider and data processing partner to the Publisher.
· The data processor company name is Qustodian, which is the operating name of Targantic Ltd.
· The Targantic Ltd registered address is Ellenborough House, Wellington Street, Cheltenham, Gloucestershire, GL50 1YD, United Kingdom.
· The nominated representative on behalf of the Publisher and Qustodian is John Roberts and they can be contacted at email@example.com.
“We” and “our” in this policy refers to the Publisher, as data controller, and Qustodian, as data processor on behalf of the Publisher.
3. What we may collect
We may collect and process the following data about you (please refer to our Data Protection Policy, provided below, for a more detailed description of the data we may collect and how we use it during our interaction with you):
· Information you send us in response to messages we send you or that you put into forms or surveys on our app and/or site at any time
· A record of any correspondence between us
· Details of any transactions you carry out through our app and/or site
· Details of your visits to our app and/or site and the resources you use
· Information about your access device (eg. Phone or PC, see our Data Protection Policy for full details) for system administration and personalization of our service for you.
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the provision to you of information of whatever nature that you have requested and agreed to receive via our app or site or for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
We, as data controller, are responsible for your data. Only designated individuals within our organization are permitted to access your data. Where we have agreements with any third party suppliers to provide us with technical, logistical or any other type of support, any access required by them to our technical systems to fulfill the support we require will be permitted only to similarly designated individuals. The safety and integrity of your personal data is our highest priority. Be assured that we will never sell your data to any third party.
All cookies used by and on our website are used in accordance with current English and EU Cookie Law.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
All cookies used on our site are set by us
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.
Our cookies will be used for:
Essential session management
creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
recognising if a visitor to the site is registered with us in any way;
we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.
customising elements of the promotional layout and/or content of the pages of the site.
Performance and measurement
collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.
5. How we use what we collect
We use information about you to:
· Send messages to you, interact with you, and present site content effectively to you.
· Provide information, products and services that you request, or (with your consent) which we think may interest you.
· Carry out our contracts/transactions with you.
· Allow you to use our interactive services if you want to.
· Tell you about other goods and services that might interest you.
If you are already interacting with us as our customer, we will only contact you electronically about things similar to what was previously sold to you and that you have clearly specified preferences for.
If you have just started interacting with us and are a new customer, you will only be contacted if you agree to it.
Please note: We don't identify individuals to any commercial partners, but we may give them aggregated, non-identifiable information to help them understand the results of their message campaigns, and we may use information we have collected to display commercial content to you.
In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section 5, you can let us know at any time by contacting us at firstname.lastname@example.org, and we will delete your data from our systems in accordance with our very simple deletion procedure.
6. Where we store your data
Your data will be stored in the EU. If we have to move storage to a location outside the EU, we will ensure that any such storage is as secure. We may also transfer your collected data to storage outside the European Economic Area (EEA)in order to fulfill any transaction and deal with payment.
By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
We only keep your personal data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an [annual] review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
· If we want to sell our business, or our company, we can disclose it to the potential buyer.
· We can disclose it to other businesses in our group.
· We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
· We can exchange information with others to protect against fraud or credit risks.
We may contract with third parties to supply and support services to you on our behalf. These parties must comply with our data protection and privacy terms and conditions.
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
8. Your rights
You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com.
Under the GDPR, you have the right to:
· request access to, deletion of or correction of, your personal data held by us at no cost to you;
· request that your personal data be transferred to another person (data portability);
· be informed of what data processing is taking place;
· restrict processing;
· to object to processing of your personal data; and
· complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
9. Links to other sites
Please note that our terms and conditions and our policies will not apply to any other websites that you may get to via a link from our app or site. 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.
11. Automated Decision-Making and Profiling
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given your explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
12. Dispute Resolution
12.2 If any such dispute cannot be settled amicably through ordinary negotiations between us, or either or both is or are unwilling to engage in this process, either of us may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation. Where mediation fails to secure resolution of the dispute, it may then be finally submitted to be determined by the English courts.
Data Protection Policy for Publisher Clients of the Qustodian App and Website Services
Data Protection Officer
Our data protection officer representative on behalf of the Publisher with our data processing company is John Roberts, with contact email: firstname.lastname@example.org.
Commencement of this policy
This Policy shall be deemed effective as of 26th September 2018; however, it will not have effect retrospectively and will apply only to matters occurring after this date.
Our specific data protection measures
In relation to our use of personal data we take the following measures:
Encryption: HTTPS encryption for all data communication.
Erasure, destruction and or deletion: Manual deletion by our data controller or delegated staff of all user data. Automated process to delete any user data within 24 hours for users not providing consent.
Transmission via networks: All data is HTTPS encrypted for communication between the user device and the platform.
Access of employees: Access to personal data is by the data controller and named, delegated staff members by secure user accounts with password protection.
Access of third parties: Access to personal data is by the data controller and named, delegated support staff members at our software technology provider (Targantic Ltd) by secure user accounts with password protection. Access is solely to provide support to us to provide the service in the role of data processor.
Storage of hardcopies: No hard copies will be stored of any data.
Storage of electronic copies: All data is stored electronically within a secure service platform hosted by Amazon Web Services within the EU.
Sharing: No data will be shared with third parties, other than access to the data by our service provider (Targantic Ltd), to help run the service.
Viewing on devices: The data controller or delegated parties can access data from any connected online devices with secure user and password accounts.
Passwords: All accounts with access to any electronic data are protected by passwords.
Our use of personal data and our purpose
We may collect, hold and/or process the following personal data:
Your mobile device manufacturer
Your mobile device model
Your mobiledevice’s operating system
Your mobile network provider
Your country location
(This data is automatically collected when you download our app or access our service via your mobile.)
Purpose: enables us to target messages to you more effectively and more efficiently.
Your mobile device’s User ID
(This is automatically collected when you download our app.)
A website User ID or browser fingerprint
(Either is automatically collected when you visit our website.)
Purpose: allows us to store data relating to you within your unique user account on our platform and so ensure that messages sent to you are based on your preferences.
The date of your first app download (or website visit)
Subsequent access dates
Number of visits
Messages not read
Your interaction with messages
Purpose: enables us to send you messages based on your previous activity and therefore tailored to your interests and preferences.
Optional volunteered Information by you:
Year of birth
Preferences and interests
Notification preferences (if, when and how often you want to receive notifications)
Responses to any questions within messages sent to you that you choose to give.
(All data given voluntarily by you via interaction with our app or website.)
Purpose: to target messages sent to you based on your explicitly stated preferences and on your responses to interactive questions
Section A: Overview
1. The reason for this policy
1.1 You have legal rights with regard to the way your personal data is handled.
1.2 In the course of our business activities and interaction with you we collect, store and process personal data about you and therefore, in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.
1.3 All people working in or with our business are obliged to comply with this policy when processing personal data.
2.1 This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, for example, customers and business contacts, or that is provided to us by data subjects or other sources.
2.2 In this policy when we say “you’ or “your” we are generally referring to the data subjects unless the context requires otherwise.
2.3 It also sets out our obligations in relation to data protection under the General Data Protection Regulation 2016 (“the GDPR Rules”).
2.4 This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
2.5 We agree to ensure that all of our directors, employees, consultants and agents comply with this policy.
2.6 We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.
3. The meaning of key Data Protection terms
3.1 data is information which is stored electronically, on a computer, or in certain paper-based filing systems. Unless required by law or exceptional circumstance, all of our data is stored electronically.
3.2 data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
3.3 personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
3.4 data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the law. We are the data controller of all personal data used in our business for our own commercial purposes.
3.5 processing is any activity that involves use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing may also include transferring personal data to third parties, if that is required for assistance in managing the service, but shall never include the right for any third party to use such data for any other purpose than providing the service Our platform technology provider, Targantic Ltd, shall act on our behalf as a data processor, and shall be subject to these terms at all times.
4. Summary of the Data Protection Principles
This Policy demonstrates our compliance with the GDPR Rules. The GDPR Rules stipulate the following principles with which we comply. All personal data must be:
a) Processed fairly and lawfully – it must be processed fairly and lawfully and it must be processed - in relation to you as the data subject - in a transparent manner
b) Processed for limited purposes and in an appropriate way - the purposes for which it is collected must be explicit, specified and legitimate
c) Adequate, relevant and not excessive for the purpose
d) Accurate – as well as being accurate it must be kept up to date with inaccurate data deleted
e) Not kept longer than necessary for the purpose
f) Processed in line with the data subject's rights
g) Security – there must appropriate technical or organisational measures to ensure appropriate security
In addition, personal data must not be transferred outside the European Economic Area (the “EEA”) without adequate protection.
Section B: Data Protection Principles
5. Notifying Data Subjects
5.1 As part of complying with the principles in para 4 above, if you provide us with personal data we will always try to tell you:
5.1.1 the purpose or purposes for which we intend to process that personal data
5.1.2 the types of third parties, if any, with which we will share or to which we will disclose that personal data
5.1.3 how you can limit our use and disclosure of their personal data
5.1.4 if we receive personal data from other sources.
6. Lawful, Fair, and Transparent Data Processing
The GDPR Rules are not intended to prevent the processing of personal data but to ensure that it is done fairly and without adversely affecting your rights. The processing of personal data is lawful if one (or more) of the following applies:
a) (consent) the data subject has consented for a specific purpose;
b) (contract) if the data subject requests the processing with a view to entering into a contract or the processing is necessary for the performance of a contract;
c) (legal obligation) if the processing is necessary for the compliance with a legal obligation to which the data controller is subject;
d) (protection) processing is necessary to protect your vital interests or those of another natural person;
e) (public interest) it is in the public interest for a task to be carried out which requires such processing, or the task is to be carried out as a result of the exercise of any official authority held by the data controller;
f) (legitimate interests) for the legitimate interest of the data controller or the party to whom the personal data is disclosed.
7. Processed for limited purposes and in an appropriate way
7.1 In the course of our business, we may collect and process the personal data set out above. This may include personal data we receive directly from you (as set out in the table above) and any data we may receive from other sources...
7.2 We will only process personal data for the specific purposes set out above or for any other purposes specifically permitted by the GDPR Rules. We will notify those purposes to you when we first collect the personal data or as soon as possible thereafter.
8. Adequate, Relevant and not excessive for the purpose
We will only collect and process personal data for the specific purpose(s) set out above.
9. Accuracy of Data and Keeping Data Up To Date
We will keep your personal data accurate and up-to-date. We will check its accuracy regularly. When we find inaccurate or out-of-date data we will take reasonable steps to amend or erase that data.
10. Timely Processing
We will only keep your personal data for a period of time which we judge is relevant and necessary taking into account the purpose(s) of collecting the personal data which are specified above.
11. Processing that is secure
In addition to the measures above:
11.1 we will make sure that the personal data we collect is securely kept and we stop unauthorised processing and prevent its loss, destruction or damage;
11.2 we will ensure that only people who are authorised to use personal data can access it and that we have entry controls to our premises and systems, lockable desks and cupboards for confidential personal data and destruction of hard copy documents and digital storage devices;
11.3 all authorised persons must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Section C: Data Subject Rights
12. You, as a data subject, have the right to information about:
a) who we are;
b) the purpose(s) of collecting your personal data and the legal basis for collecting it and what our legitimate interest is for processing your personal data;
c) the categories of personal data collected and where is to be transferred, especially if outside the EEA;
d) the length of time we hold personal data as specified in our Data Retention Policy (or, where there is no predetermined period, details of how that length of time will be determined);
e) your rights as a data subject including your right to withdraw your consent to processing, the right to complain to the Information Commissioner (who performs statutory oversight of all data protection issues in the UK) and also things such as details of any legal requirement for processing personal data that may exist and any automated decision-making that we carry out.
We will try to provide this information when we collect the personal data or, if we collect the personal data from another party, when we communicate with you after the personal data is received.
13. Data Subject Access
13.1 You may request access to any data held about you by us (a subject access request (“SAR”)
13.2 We reserve the right to charge reasonable fees for onerous or repetitive requests.
13.3 Data subjects must make a formal request for information we hold about them. This must be made in writing.
13.4 When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
a) we will check the caller's identity to make sure that information is only given to a person who is entitled to it.
b) we will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
14. Accuracy of personal data: right to rectification
14.1 We will do our best to ensure that all personal data held about you is accurate and complete. We ask that you notify us of any changes to information held about you.
14.2 You have the right to request that any incomplete or inaccurate information held about you is rectified and to lodge a complaint with us and the Information Commissioner's Office.
14.3 We will respond to requests to rectify within one month.
15. Right to be forgotten
You have the right to request the deletion or removal of personal data however requests for erasure can be rejected in certain circumstances.
16. Right to restriction of Processing
You can block the processing of your personal data. This means we may be able to store it, but cannot process it further without consent. Restricting data is required where the accuracy of data is challenged - but only until the accuracy has been verified.
17. Right to data portability
17.1 If you have provided personal data to us you have the right to transfer it from us to someone else.
17.2 If you request it, we may be required to transmit the data directly to another organisation if feasible. We must respond without undue delay and within one month, or two months if the request is complex.
18. The right to object
You have a right to object to the processing of your data. We must stop processing unless we can demonstrate a legal ground for the processing.
19. Automated decision-making
19.1 You have the right not to be subject to a decision based on automated processing which produces a legal effect or other significant effect on you.
19.2 You can request human intervention where personal data is processed using automated decision-making and can ask for an explanation of the decision to use automated decision-making.
We will use your personal data for profiling purposes:
a) We will give you information fully explaining the profiling which will be carried out including its importance and the likely results of that profiling;
b) We will make sure that appropriate mathematical or statistical procedures will be used;
c) We will implement technical and organisational measures which are required to minimise the risk of mistakes and to enable such mistakes to be easily corrected; and
d) We will make sure that all personal data processed by us for profiling purposes will be kept secure so as to avoid discriminatory effects resulting from such profiling.
The basis of our service to you under this policy is for you to provide personal preference data so that we can provide you with more relevant content to match your preferences and to enhance our service to you.
Section D: Our Other Obligations
21. How we deal with personal data internally
21.1 We will:
a) train our employees in relation to our responsibilities under the GDPR Rules;
b) ensure that only appropriately trained, supervised and authorised personal have access to personal data held by us; and
c) Regularly evaluate and review our collection and processing of personal data and the performance of employees and any third parties working on our behalf to ensure that it is in accordance with the GDPR Rules.
21.2 We will keep internal records of personal data that we collect and process including, in relation to that personal data, details of the categories, any transfers, our security measures, our purpose of collection and the duration of retention of that personal data. We will also retain details of all third parties that either collect your personal data for us or that we use to process your personal data.
21.3 We will carry out privacy impact assessments as required by law.
22. Transferring personal data to a country outside the EEA
We may transfer personal data to countries outside of the EEA; however, we will ensure that the transfer is:
a) to a place that the EU has judged to provide adequate levels of protection for personal data;
b) to a place that provides adequate safeguards under either an agreement with a public body, rules that bind companies or standard data protection clauses adopted by the EU or some other form of approved code of conduct approved by a supervisory authority or certification or other contractual clauses or regulatory provisions;
c) necessary for the performance of a contract between you and us or with a view to creating that contract;
d) made with your consent;
e) necessary for important public interest reasons, legal claims, to protect your vital interests.
23. Notification of personal data security breach
23.1 If a personal data security breach occurs, we will manage and respond to it effectively in accordance with GDPR and it will be reported immediately to our Data Protection Officer.
23.2 We will notify the Information Commissioners Office (ICO) and any data subject of personal data security breaches to the extent we are required to do so by GDPR.
23.3 If disclosure is not required by GDPR, we will nevertheless investigate closely all the circumstances surrounding the breach and examine the seriousness of the breach and the benefits that might be obtained by disclosure (such as limiting risks of fraud) and we will give careful consideration to any decision to notify the ICO or you, especially if your rights and freedoms as data subjects are affected.