Privacy
Notice
This
Privacy Notice was last updated: 23rd May 2018
At
Xiria, we are committed to privacy and transparency. We want you to understand,
clearly, how your data is used and provide clarity on the control you have over
that data.
We
appreciate you putting your trust in us concerning your personal data and
encourage you to read this Privacy Notice ("Privacy Notice")
carefully as it describes how we collect, use and disclose your personal data. Personal
data is any information relating to a living person.
In
this Privacy Notice, when we refer to "we", "our",
"us" or "Xiria", we mean Xiria Ltd, a company registered in
England 8673536.
As
our business changes from time to time, we sometimes need to make changes to
the way we collect and use your personal information. Therefore, this Privacy
Notice may be updated from time to time. If we make changes to this Privacy
Notice, the latest version will always be published on our website.
If
you have any questions about this Privacy Notice or if you would like to make a
request relating to your personal data, please contact us using the details in
the section below. Our email address for such matters is dpo@xiria.co.uk
Data Controller
For
purposes of this privacy notice the Data Controller is:
Xiria
Ltd, Fleet Suites, 185 Fleet Road, Fleet, Hampshire, GU51 3BL.
Data Protection Officer
You
can reach our Data Protection Officer at:
Xiria
Ltd, Fleet Suites, 185 Fleet Road, Fleet, Hampshire, GU51 3BL.
Under
certain circumstances, you have legal rights under data protection laws in
relation to your personal data. These include the right to:
Access.
You have the right to request a copy of the personal data we are processing
about you, which we will provide back to you in electronic form. For your own
privacy and security, in our discretion we may require you to prove your
identity before providing the requested information. If you require multiple copies
of your personal data, we may charge a reasonable administration fee where we
are permitted to do so in accordance with the GDPR.
Rectification.
You have the right to have incomplete or inaccurate personal data that we
process about you rectified. Note that you can always make certain adjustments
to certain personal data directly by contacting us.
Erasure.
You have the right to request that we erase personal data that we process about
you, except we are not obligated to do so if we need to retain such data in
order to comply with a legal obligation or to establish, exercise or defend
legal claims.
Restriction.
You have the right to restrict our processing of your personal data where you
believe such data to be inaccurate, our processing is unlawful or that we no
longer need to process such data for a particular purpose, but where we are not
able to delete the data due to a legal or other obligation or because you do
not wish for us to delete it.
Portability.
You have the right to obtain personal data we hold about you, in a structured,
electronic format, and to transmit such data to another data controller, where
this is (a) personal data which you have provided to us, and (b) if we are
processing that data on the basis of your consent (such as for direct marketing
communications) or to perform a contract with you.
Objection.
Where the legal justification for our processing of your personal data is our
legitimate interest, you have the right to object to such processing on grounds
relating to your particular situation. We will abide by your request unless we
have compelling legitimate grounds for the processing which override your
interests and rights, or if we need to continue to process the data for the
establishment, exercise or defence of a legal claim.
Withdrawing
Consent. If you have consented to our processing of your personal data, you
have the right to withdraw your consent at any time, free of charge. This
includes cases where you wish to opt out from marketing messages that you
receive from us. You can unsubscribe from marketing communications at any time
by following the instructions in any individual message. The legality of the
processing of your personal data prior to you withdrawing your consent remains
unaffected by this.
You
can make any of these requests in relation to your personal data by submitting
your request in writing or by email using the contact methods outlined earlier
in this document.
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.
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.
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.
You
also have the right to lodge a complaint with the local data protection
authority if you believe that we have not complied with applicable data protection
laws. The Information Commissioner’s Office (ICO), is the UK supervisory
authority for data protection issues (www.ico.org.uk). We would be grateful if
you contact us first if you do have a complaint so that we can try to resolve
it for you.
The
Information Commissioner’s Office can be contacted as follows:
Telephone:
+44 303 123 1113
Email:
casework@ico.org.uk
Website:
www.ico.org.uk
Web-form:
www.ico.org.uk/concerns/
Address:
Water Lane, Wycliffe House, Wilmslow, Cheshire, SK9 5AF
We
do not routinely collect any Sensitive Data about you. Sensitive data refers to
data that 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. We do not collect any information
about criminal convictions and offences.
However,
should you visit our offices or data centre premises, in order to provide
access to these facilities, you may be required to provide biometric data in
the form of an iris scan or finger print. Prior to any access being granted, we
will obtain your prior and explicit consent and will request a signature.
Employees
of Xiria or customers requiring more frequent or unescorted access will be
required to undergo a detailed security assessment which may require references
and background checks to be carried out. This is primarily for our List X
government locations.
All
hosted services operated by Xiria operate exclusively from UK based data
centres on Xiria owned infrastructure. We have significant physical and
electronic controls combined with appropriate security measures in place 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 such
data. 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.
Your
personal data will only ever be stored on systems either hosted by Xiria or by
a trusted third party such as our online accounting or CRM applications. All
online services are accessed using SSL encryption methods with two-factor
authentication where possible.
We
regularly review the security controls in place with our limited number of
third party suppliers and update our Data Audit records to reflect any changes.
We may have to share your personal data
with the parties set out below.
•
Service providers who provide IT and
system administration services.
•
Professional advisers including
lawyers, bankers, auditors and insurers who provide consultancy, banking,
legal, insurance and accounting services.
•
HM Revenue & Customs, regulators
and other authorities based in the United Kingdom and other relevant
jurisdictions who require reporting of processing activities in certain
circumstances.
•
Third parties to whom we sell,
transfer, or merge parts of our business or our assets.
We require all third parties to whom we
transfer your data to respect the security of your personal data and to treat
it in accordance with the law. We only
allow such third parties to process your personal data for specified purposes
and in accordance with our instructions.
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.
Set
out below is a description of the ways we intend to use your personal data and
the legal grounds on which we will process such data. We have also explained what our legitimate
interests are where relevant.
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 email us at
dpo@xiria.co.uk 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 |
|
To register you as a new customer |
(a) Identity (b) Contact |
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 |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with
you (b) Necessary for our legitimate
interests to recover debts owed to us |
|
To manage our relationship with you
which will include: (a) Notifying you about changes to
our terms or privacy policy (b) Asking you to leave a review or
take a survey |
(a) Identity (b) Contact (c) Profile (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 enable you to partake in a prize
draw, competition or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with
you (b) Necessary for our legitimate
interests to study how customers use our products/services, to develop them
and grow our business |
|
To administer and protect our
business and our site (including troubleshooting, data analysis, testing,
system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(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 content and
advertisements to you and measure and understand the effectiveness of our
advertising |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
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 |
(a) Technical (b) Usage |
Necessary for our legitimate
interests to define types of customers for our products and services, to keep
our site 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 |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate
interests to develop our products/services and grow our business |
You
will receive marketing communications from us if you have:
(i) requested
information from us or purchased goods or services from us; or
(ii) if you provided us with your details and
ticked the box at the point of entry of your details for us to send you
marketing communications; and
(iii) 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 third party for marketing purposes.
You
can ask us or click the unsubscribe option on any of our marketing emails.
Where
you opt out of receiving our marketing communications, this will not apply to
personal data provided to us as a result of a product/service purchase,
warranty registration, product/service experience or other transactions.
We
are required by law to provide you with information about the purposes for
which we use your information and the legal justification for us to use that
information. For example, there may be a legal justification for us to use your
personal data where:
We
need to use your information to perform a contract with you or to fulfil a
request originated by you.
You
have given your consent to us using your information.
Using
your information is in our legitimate business interests (provided these
interests are balanced against your rights).
We
need to process your personal data to comply with legal or regulatory
obligations to which we are subject.
Generally,
we do not rely on consent as a legal ground for processing your personal data,
other than in relation to sending marketing communications to you via
email. You have the right to withdraw
consent to marketing at any time by contacting us using the methods outlined
earlier in this document or by following the automated process on all our
marketing communications.
(1)
Information you give to us
We
may collect personal data from you when you attend Xiria events, visit our
offices, sign up to our newsletters or subscribe to our services, enter into
offers or promotions, interact with us on social media platforms, contact us
via phone or our websites.
The
categories of personal data we may request include your name, occupation,
contact information (email, postal address and phone/mobile number), We may
also keep copies of any correspondence you send us which may include personal
data.
You
should only give us personal data on behalf of someone else if you have their
permission to do so or you know that they would not have any objection to us
processing their information in accordance with this Privacy Notice.
(2)
Information collected by automated means
We
also obtain some of your personal data by automated means, for example, should
you visit our offices and connect to our IT systems we collect activity data,
when you enter zones at our premises monitored by CCTV, when you telephone our office
or support services your calls are recorded and when you visit our websites we
collect the IP address of the device you use to connect to the Internet, the
geographical location of your device, the browser you are using, the type of
device you are using (tablet, mobile, desktop), the URL you came from and the
web pages you access.
(3)
Information collected from third parties
We
may request information about you from credit reference agencies and fraud
prevention agencies to assist us in the provision of our goods and services to
you.
We
will always take steps to ensure that your personal data is only used for the
purposes you have consented to. You can opt out from receiving our marketing
communications at any time by following the instructions in any of the messages
you receive.
We
will never knowingly collect personal data from individuals under the age of
sixteen (16) without first obtaining verifiable parental consent. If you are under
the age of 16 you should not provide information to us. If we become aware that
a person under 16 has provided personal data to us without verifiable parental
consent, we will remove such personal data from our records.
Cookies
When
visiting our website, Cookies which are small text files, can be stored on your
device in order to offer you certain functionality, to make the Website more convenient
and to optimise our website. If you do not want cookies to be used, you can
disable them by configuring the relevant settings in your web browser or by
using separate opt-out options. Please note that this may restrict the functionality
and your use of our website and certain features may not work as a result.
Online
Content Contributions
If
you choose to contribute to a social, community or other publicly available
area or feature of our website, the information you submit may be made
available to the general public depending on your settings (which is why we
recommend that you do not submit or post any personal data to such forums, such
as your full name, home address, phone number and/or other information that
would enable others to contact or locate you).
Most
third parties with whom we share data are located within the European Economic
Area ("EEA"), but some may process your personal data outside of the
EEA.
If
data is transferred to organisations which are based in or whose data
processing takes place in a jurisdiction which is not a member of the European
Union or a member state of the EEA, before transferring the data we will ensure
that (unless a legally applicable exemption applies) that the recipient has an
appropriate level of data protection in place (e.g. through a determination of
adequacy by the European Commission, through appropriate guarantees such as the
recipient being self-certified for the EU-US Privacy Shield, or an agreement in
the form of the EU standard contractual clauses with the recipient).
We
can provide you with an overview of the recipients in non-EU jurisdictions and
a copy of the measures which have been put in place to ensure an adequate level
of data protection applies.