BriefYourMarket is committed to protecting your personal data and respecting your privacy. This privacy notice will inform you as to how we look after your personal data when you visit our website, www.briefyourmarket.com (our site), regardless of where you visit it from, and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy notice
This privacy notice aims to give you information on how BriefYourMarket collects and processes your personal data through your use of our site, including any data you may provide through our site when you fill in forms or purchase a product or service.
Our site is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
BriefYourMarket is the controller and is responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (as detailed below), please contact the data privacy manager using the following details.
Our full details are:
Full name of legal entity: BriefYourMarket Limited
Data privacy manager: Ricky Bostock
Email address: firstname.lastname@example.org
Postal address: Brindley House, Outrams Wharf, Little Eaton, Derby DE21 5EL
Telephone number: 0344 800 84 24
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 17th May 2018 and historic versions can be obtained by contacting us.
We will seek to keep your data and information accurate and up-to-date but can only do so effectively if you provide us with the information that is needed. If there are any changes to your data, please notify us so we can update our records.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The BriefYourMarket platform
We will not take control of, use or share any of the information you provide by utilising the BriefYourMarket platform and other services that we provide with any third-parties for marketing purposes or store any of your information outside of the European Economic Area. The information you provide through your use of the BriefYourMarket platform and other services that we provide will be held securely by us and /or by our data processors whether the information is in electronic or physical format.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (i.e. anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone number(s).
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you, and other details of products and services you have purchased from us.
- Technical Data includes Internet Protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third-parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have – or are trying to enter into – with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
How we collect data:
We use different methods to collect data from and about you, including through:
- Direct Interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us via post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you; or
- provide us with feedback.
- Third-parties or Publicly Available Sources. We may receive personal data about you from various third-parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers;
- advertising networks; and
- search information providers.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from data brokers or aggregators.
- Identity and Contact Data from publicly available sources.
- Technical Data from the following parties:
Third-party systems we use
We use various third-party systems to collect data:
- Client Relationship Management software. We store personal information we collate within Microsoft Dynamics CRM.
- E-newsletter and marketing campaigns. All marketing communications are undertaken within our own BriefYourMarket platform where changes to the information we provide you and your subscription options can be changed at any time by clicking the ‘edit preferences’ link within the footer of any email you receive or by accessing the control panel on the following link:
- Call recording. All of our calls are recorded for training and quality purposes and recordings are held within the Xelion software system.
- Online support. Any support required by a client using the BriefYourMarket platform will be logged within the Zendesk support ticketing system. We gather statistics around support timescales and manage raised support items using industry standard technologies.
- Accountancy and billing. All of our clients will have their data held within the Sage accountancy software system in order to generate invoices and communications surrounding the payments in relation to services used.
- Contracting with our clients. All new prospect client contracts will be processed using the Echosign platform.
- WordPress. We use a third-party service, WordPress.com, to publish our website and blog.
Contact by social media and email:
- Social media. We use a third-party provider, Hootsuite, to manage our social media interactions. If you send us a private or direct message via social media, the message will be stored by Hootsuite for 3 months. We will not share it with any other organisations.
- Email. We use Transport Layer Security (TLS) via Office 365 to encrypt and protect email traffic. If your email service does not support TLS, you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software using Windows Smartscreen. It is your responsibility to ensure that any email you send us complies with all applicable laws and regulations.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third-party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interests|
|To register you as a new customer||
|Performance of a contract with you.|
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you.
(b) Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you.
(b) Necessary to comply with a legal obligation.
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).
(b) Necessary to comply with a legal obligation.
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||
|Necessary for our legitimate interests (to develop our products/services and grow our business).|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted-out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.
You can ask us or third-parties to stop sending you marketing messages at any time by contacting us.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third-parties who are companies in our group of companies based in the UK who provide IT and system administration purposes or who provide services to you.
- Third-parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third-parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Although we do not transfer your personal data outside the European Economic Area (EEA), we may share your personal data with third-parties who provide services to us and who we refer to in this privacy notice. This may involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield, which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third-parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request a transfer of your personal data to you or to a third-party. We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee will usually be required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interests means the interests of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you – both positive and negative – and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a Legal or Regulatory Obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
11. PRIVACY NOTICE FOR JOB APPLICANTS
We are the data controller for the information you provide during the process of applying to work with us. We are responsible for deciding how we hold and use the personal information about you that we collect. The information in this section of our Privacy Notice must be provided to you under the General Data Protection Regulation and the Data Protection Act 2018.
If you have any queries about how we hold and use the information about you provided as part of the application process, please contact us at email@example.com.
What information do we ask for and why
As part of your application for work, we will collect and store the personal information about you detailed below:
- information you provide in your curriculum vitae and any covering letter.
- information you provide during an interview.
- information about your health, including any medical condition, health and sickness records.
- information about criminal convictions and offences.
We do not collect more information than we need to fulfil our purpose of dealing with your application for work. We will not retain your information for longer than is necessary.
What will we do with the information you provide to us
The information we collect about you is used to:
- assess your skills, qualifications and suitability for employment.
- communicate with you about the recruitment process.
- keep records relating to our recruitment process.
We will not share any of the information you provide during the recruitment process with any third-parties for marketing purposes or store any of your information outside of the European Economic Area. The information you provide will be held securely by us and/or our data processors whether the information is in electronic or physical format.
If you fail to provide information
You do not have to provide information that we ask for but if you do not it might affect your application for work and we may not be able to process your application.
If you use our online application system, further details of which are provided below, the information you provide will be collected by a data processor on our behalf.
Initially, we ask you for your personal details, including name and contact details. We will also ask you about your previous experience, education, referees and other questions relevant to the role you have applied for. Our recruitment team will have access to all of this information.
You will also be asked to provide equal opportunities and diversity information. You do not have to provide this information and it will not affect your application if you do not. This information will not be made available to any person outside of our recruitment team in a way which can identify you. Any information you do provide will only be used to produce and monitor equal opportunities and diversity statistics.
Our recruitment team will shortlist applicants for interview and provide the shortlist to our HR manager or other personnel responsible for conducting interviews. They will not be provided with your name or contact details or with your equal opportunities and diversity information if you have provided it.
If we make a conditional offer of employment, we will ask you for further information so that we can carry out pre-employment checks. We are required to confirm the identity of our staff, their right to work in the United Kingdom and seek assurances as to their trustworthiness, integrity and reliability.
We will ask you:
- to provide proof of your identity. You will be asked to visit our office with original documents and we will take copies.
- to provide proof of your qualifications. You will be asked to visit our office with original documents as we will take copies.
- to complete a criminal records declaration to declare any unspent convictions.
- to complete a questionnaire about your health to establish your fitness to work. This process is carried out by a third-party on our behalf.
We will also contact your referees directly to obtain references and we will use the details you provide in your application.
Following completion of the pre-employment checks, we will decide whether to make a final offer of employment. If we do make a final offer, we will also ask you for:
- bank details so we can process salary payments.
- emergency contact details so we know who to contact in the event that you have an emergency at work or where we need to contact you but cannot do so on the contact details you have provided.
Use of Data Processors
We use third-parties to provide elements of our recruitment services. These third-parties are data processors. We have contracts in place with our data processors and they are not allowed to do anything with your personal information unless we have instructed them to do it. They are also not allowed to share your personal information with any organisation apart from us and will hold your personal information securely for the period we ask them to.
If you use our online application system, you will provide the requested information to Bamboo HR who provide this online service for us. Once you click “Apply Now” or “Apply for this job” you will be taken to Bamboo HR’s website and they will hold the information you submit. We will under the contractual arrangements we have with Bamboo HR have access to this information.
How long is information retained for
If you accept an offer of employment with us, all of the information we have requested and you provided during the application process will be retained by us as part of your personnel file for the duration of your employment and for a further 6 years following the end of your employment.
If your application for work is unsuccessful or you do not accept an offer of employment with us, the information you have provided as part of your application and information generated by us as part of the recruitment process up to the date when your application was declined or the date when you declined our offer, will be retained for 6 months from the date the position you applied for has been filled.
Any equal opportunities or diversity information that has been provided will be retained in all cases for a period of 6 months from the date the position you applied for has been filled.
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