General Privacy Notice
May 2018Data Controller
Nutshell Software Limited (we/us) is a company registered in England under company registration number 09771256 and having its registered office address at Baltimore House, Baltic Business Quarters, Gateshead, Tyne & Wear, NE8 3DF.
Definitions
| Term | Definition |
|---|---|
| Candidate Data | Work history, experience, qualifications, job title, information about disabilities and health conditions if provided, all in relation to candidates for employment. |
| Controller | The person or organisation which determines the purposes and means of the processing of Personal Data. |
| Contact Data | Names, addresses, email addresses, telephone numbers, facsimile numbers, job title, organisation, excluding Customer Data. |
| Customer Data | Personal Data which is created using, or uploaded into, our technology solutions provided for our customers’ use, including email addresses, electronic signatures, photographs, Sentinel numbers and any Personal Data in regulatory documentation created by the customer, excluding for the avoidance of doubt Personal Data held in our ticketing and support systems. |
| Data Subject | The individual who is identified by or identifiable from Personal Data. |
| GDPR | The General Data Protection Regulation (2016/679), which is available at: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32016R0679 |
| Incident Data | Personal Data (including Contact Data) relating to injuries occurring at our premises involving visitors. |
| Processor | A person or organisation which processes Personal Data on behalf of the Controller. |
| Services Data | Personal Data we process relating to the purchase, sale and delivery of products and services, excluding Customer Data. |
| Special Categories of Personal Data | Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. |
| Marketing Data | Records of marketing preferences and requests not to process Personal Data for marketing purposes. |
| Personal Data | Any information relating to an identified or identifiable natural person. |
| Website Data | Online identifiers (such as IP addresses) and other analytical data. |
About this document
This Privacy Notice:
- Takes effect from May 2018
- Is directed to all individuals whose Personal Data we process as Controller other than our officers, employees, workers and volunteers (but it does apply to candidates for any of these roles)
- Applies to Personal Data collected by whatever means including without limit through our websites
- Does not apply to Customer Data; we process Customer Data as Processor in accordance with our customer agreement
- Sets out information about how we collect Personal Data, the categories of Personal Data we collect, the purpose for which we process Personal Data, the legal basis for processing, our legitimate interests in processing, how we share Personal Data and the rights of Data Subjects whose Personal Data we process
- May be updated from time to time. The latest version is published at http://www.nutshellapps.co.uk/privacy. Please check this page for the latest version of our Privacy Notice
This is our general Privacy Notice, covering all users of Nutshell products. End-users of apps built using Nutshell products should also read our End User Privacy Notice.
On occasion we may also provide more detailed processing information to a Data Subject in a separate privacy notice. Where we do so, that information will prevail over the information in this document.
How we collect Personal Data
We collect Personal Data as Controller in the following main ways:
- When receiving referrals of business
- Through website contact forms and direct emails from people making enquiries with us
- When communicating with customers and suppliers (and their representatives) by telephone, in person or by email
- When viewing or downloading information available in the public domain
- Automatically using cookies on our website
- During recruitment processes and when taking up external references
Categories of Data Subject
We process Personal Data in relation to the following categories of Data Subject:
- Representatives of customers and prospective customers
- Business contacts
- Candidates for employment
- Suppliers and representatives of our suppliers
- Authorised users of our software-as-a-service products
- Visitors to our website
- Visitors to our premises
- Delegates at events we organise
Types of Personal Data we Process as Controller
We process the following main categories of Personal Data as Controller:
- Candidate Data
- Contact Data
- Incident Data
- Services Data
- Marketing Data
We process the following Special Categories of Personal Data:
- Incident Data
- Special Categories of Personal Data included in Candidate Data
None of the Personal Data to which this Privacy Notice applies includes Personal Data relating to criminal convictions.
We collect Website Data which may be considered to be Personal Data. We do not use this information to identify individuals, e.g. by combining it with other identifiers such as names or email address and do not use the information to build profiles.
Purpose of processing
We process or may process Personal Data as Controller for the following purposes:
| Purpose | Categories of Personal Data affected |
|---|---|
| To provide technology products and services to our customers | Contact Data, Services Data |
| To improve our products and services | Contact Data, Services Data |
| To solicit and receive services | Contact Data, Services Data |
| Administrative purposes, including record keeping, complaints management, service renewals | Contact Data, Services Data |
| To defend against legal claims which may be made against us or our officers, employees or workers | All Personal Data we process as Controller |
| To comply with legal obligations | All Personal Data we process as Controller |
| To enforce our legal rights | All Personal Data we process as Controller (other than Special Categories of Personal Data) |
| Relationship management and direct marketing purposes | Contact Data (excluding contact data for authorised users of our services who are not involved in purchasing), Marketing Data |
| To ensure the continuity of our business following a reorganisation or transfer to a successor | All Personal Data we process as Controller |
| To introduce customers and contacts to providers of services we do not offer | Contact Data |
| To keep a record of your request not to receive marketing information from us | Contact Data, Marketing Data |
| To assess a Candidate’s suitability for a position within our business | Contact Data, Candidate Data |
We use Google Analytics for collecting analytical information about use of our websites. This involves the automated collection of Website Data by Google, who process the information for the purposes set out in their privacy notices available at the following URL: https://policies.google.com/privacy/partners?hl=en-GB≷=uk
We are not responsible for processing of Personal Data by Google.
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 would like an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact information at the end of this document.
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.
Lawful basis for processing
We only process Personal Data where we have a lawful basis for doing so.
Personal Data other than Special Categories of Personal Data
We will process Personal Data where processing is necessary for compliance with a legal obligation. We rely or also rely upon our legitimate interests in processing as set out below.
| Legitimate interest | Categories of Personal Data affected |
|---|---|
| Providing technology products and services to our customers | Contact Data, Services Data |
| Improving our products and services | Contact Data, Services Data |
| Soliciting and receiving services | Contact Data, Services Data |
| Carrying out administrative tasks, including record keeping, complaints management, service renewals | Contact Data, Services Data |
| Defending against legal claims which may be made against us or our officers, employees or workers | All Personal Data we process as Controller |
| Enforcing our legal rights | All Personal Data we process as Controller (other than Special Categories of Personal Data) |
| Relationship management and direct marketing purposes | Contact Data (excluding contact data for authorised users of our services who are not involved in purchasing), Marketing Data |
| Ensuring the continuity of our business following a reorganisation or transfer to a successor | All Personal Data we process as Controller |
| Introducing customers and contacts to providers of services we do not offer | Contact Data |
| Keeping a record of any request not to receive marketing information from us | Contact Data, Marketing Data |
| Recruitment | Contact Data, Candidate Data |
We process Website Data on the grounds of our legitimate interest in monitoring the effectiveness of our websites.
Special Categories of Personal Data
We will process Personal Data and Special Categories of Personal Data on the lawful bases set out below:
| Lawful basis | Personal Data affected |
|---|---|
| Processing is necessary to comply with obligations arising under social security law; processing is necessary to defend legal claims which may be made against us or our officers, employees or workers | Incident Data |
| Processing is necessary to comply with obligations arising under employment law; processing is necessary to defend legal claims which may be made against us or our officers, employees or workers | Special Categories of Personal Data included within Candidate Data |
Retention periods
We will retain your Personal Data only for as long as is necessary to achieve the purposes (or any compatible purposes) for which it is processed unless you have asked us to retain the Personal Data for a longer period. The retention period applying to Personal Data will depend upon the applicable legal and regulatory requirements, which may change over time, and also upon events occurring after the time of collection, such as the occurrence of a legal claim or the exercise of a data subject right (such as the right to request that we do not use your Personal Data for marketing purposes).
Automated Decision Making
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We do not envisage that any decisions will be taken about you using solely automated means. We will notify you in writing if this position changes.
Transfers outside of the European Economic Area (EEA)
We transfer or may transfer Personal Data outwith the EEA where this is necessary for the performance of our services, is part of our secure business processes or if the Personal Data is Website Technical Data, where any of the following apply:
- The transfer is made to a country which has been determined by the European Commission to provide appropriate safeguards for the rights of Data Subjects
- The transfer is made to a company or group of companies which have implemented ‘binding corporate rules’ approved by the relevant regulator
- The transfer is made on the basis of standard contractual clauses approved by the European Commission
- The transfer is lawful on any other basis provided for under the GDPR
Recipients of Personal Data
We transfer or may transfer Personal Data to the following recipients:
| Recipient or category of recipient | Categories of Personal Data affected |
|---|---|
| Our group companies (meaning all companies under the control of the same ultimate parent company) and their officers and employees | All of the Personal Data we process as Controller (excluding Special Categories of Personal Data) |
| Our officers and employees | All Personal Data we process as Controller |
| Our customers | Contact Data, Services Data |
| Providers of services to us, including providers of outsourced services, insurance brokers, insurers, accountants, auditors, lawyers and other professional advisers | All Personal Data we process as Controller |
| Providers of independent quality assurance and certification marks | All Personal Data as Controller (excluding Special Categories of Personal Data) |
| A customer’s other suppliers | Contact Data, Services Data |
| Courts and tribunals | All Personal Data we process as Controller |
| Business contacts | Contact Data |
| Law Enforcement Agencies | All Personal Data we process as Controller |
| Awards bodies | Contact Data, Services Data provided that permission has been given by the customer |
| Media organisations and/or the public | Contact Data (limited to name, job title and organisation), Services Data provided that permission has been given by the customer |
| Successors in title to our business(es) | All Personal Data we process as Controller |
We transfer or may transfer Website Technical Data to Google in connection with our use of Google Analytics.
Your legal rights
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 the 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.
Complain to the supervisory authority in connection with our processing of your Personal Data. You can exercise this right by contacting the Information Commissioner’s Office at https://ico.org.uk.
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.
Our websites may contain links to other websites of interest. However, once you have used one of these links to leave our website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Privacy Notice. You should exercise caution and look at the privacy notice applicable to the website in question.
Contact us
If you have any questions about our processing of Personal Data or would like to exercise one of your legal rights, please contact us at hello@nutshellapps.co.uk.
Guidance on data protection law is available from the Information Commissioner’s Office at https://ico.org.uk.
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Nutshell Software Limited
Floor 1, Baltimore House
Gateshead, Tyne and Wear
NE8 3DF
United Kingdom