REVISED: MAY 25TH, 2018
1 Definitions and interpretation
- Data - collectively all information that you submit to Fesian Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
- Cookies - a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
- Data Protection Laws - any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
- GDPR - the General Data Protection Regulation (EU) 2016/679;
- Fesian Ltd, or us - Fesian Ltd, a company incorporated in England and Wales with registered number 1st Floor whose registered office is at 16 The Mall, Surbiton, Surrey, KT6 4EQ;
- UK and EU Cookie Law - the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011;
- User or you - any third party that accesses the Website and is not either (i) employed by Fesian Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Fesian Ltd and accessing the Website in connection with the provision of such services; and
- Website - the website that you are currently using, https://www.fesian.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- 2.1 the singular includes the plural and vice versa;
- 2.3 a reference to a person includes firms, companies, government entities, trusts and partnerships;
- 2.4 "including" is understood to mean "including without limitation";
- 2.5 reference to any statutory provision includes any modification or amendment of it;
3.2 For purposes of the applicable Data Protection Laws, Fesian Ltd is the "data controller". This means that Fesian Ltd determines the purposes for which, and the manner in which, your Data is processed.
4 Data collected
4.1 We may collect the following Data, which includes personal Data, from you:
- job title;
- contact Information such as email addresses and telephone numbers;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected);
5 How we collect Data
5.1 We collect Data in the following ways:
- 5.1.1 data is given to us by you; and
- 5.1.2 data is collected automatically.
6 Data that is given to us by you
6.1 Fesian Ltd will collect your Data in a number of ways, for example:
- 6.1.1 when you contact us through the Website, by telephone, post, e-mail or through any other means;
- 6.1.2 when you register with us and set up an account to receive our products/services;
- 6.1.3 when you elect to receive marketing communications from us;
7 Data that is collected automatically
7.1 To the extent that you access the Website, we will collect your Data automatically, for example:
- 7.1.1 we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- 7.1.2 we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
8 Our use of Data
8.1 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- 8.1.1 internal record keeping;
- 8.1.2 improvement of our products / services;
- 8.1.3 transmission by email of marketing materials that may be of interest to you;
- 8.1.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
8.2 We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
- 8.2.1 soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
- 8.2.2 for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
- 8.2.3 if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
8.3 When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
9 Who we share Data with
9.1 We may share your Data with the following groups of people for the following reasons:
- 9.1.1 any of our group companies or affiliates - to provide you with the best experience we can, to improve our site, to ensure that our site is kept secure and to provide the Service;
- 9.1.2 our employees, agents and/or professional advisors - to provide our Service to you; for error logging and monitoring issues in providing the Service and our site; to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer; to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them; for the purposes of keeping our site safe and secure; to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information; products and services that you request from us; and to notify you about changes to our Service;
- 9.1.3 third party service providers who provide services to us which require the processing of personal data - to assist in the improvement and optimisation of our site and Service with selected third parties including business partners, suppliers, and sub-contractors (including data storage and hosting service providers);
- 9.1.4 relevant authorities - to cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We must disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. We may also disclose information to protect the rights, property, life, health, security and safety of us, the Service or any third party;
10 Keeping Data secure
10.1 We will use technical and organisational measures to safeguard your Data, for example:
- 10.1.1 access to your account is controlled by a password and a user name that is unique to you.
- 10.1.1 we store your Data on secure servers.
10.2 Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
10.3 If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
11 Data retention
11.2 Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
12 Your rights
12.1 You have the following rights in relation to your Data:
- 12.1.1 Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- 12.1.2 Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
- 12.1.3 Right to erase - the right to request that we delete or remove your Data from our systems.
- 12.1.4 Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
- 12.1.5 Right to data portability - the right to request that we move, copy or transfer your Data.
- 12.1.6 Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
12.2 To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com.
12.3 If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
12.4 It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
13 Transfers outside the European Economic Area
13.1 Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
13.2 We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
13.3 To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
14 Links to other websites
15 Changes of business ownership and control
15.2 We may also disclose Data to a prospective purchaser of our business or any part of it.
15.3 In the above instances, we will take steps with the aim of ensuring your privacy is protected.
16.2 All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
16.3 Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Fesian Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
16.4 This Website may place the following Cookies:
- Strictly necessary cookies - These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies - They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
16.5 You can find a list of Cookies that we use in the Cookies Schedule.
16.6 You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
16.7 You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
16.8 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
16.9 For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
17.3 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
17.4 This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.