PRIVACY | ComplySAFE

privacy notice

updated: 09.09.2019

INTRODUCTION TO THIS PRIVACY NOTICE

By using www.mycomplysafe.com (“ComplySAFE”, “us”) you consent to the collection, use and transfer of your information under the terms of this Privacy Notice.

This Privacy Notice will inform you as to how we look after your personal data when you visit our website or use our services, and to tell you about your privacy rights and how the law protects you.

​PURPOSE OF THIS PRIVACY NOTICE

This Privacy Notice aims to give you information on how ComplySAFE collects and processes your personal data through our product and your use of this website or our services, including any data you may provide through this website when you sign up to our services, visit our web pages or contact us.

This website and our services are not intended for or directed at children under sixteen, and does not knowingly collect personally identifiable information from children under the age of sixteen. If we learn that we have collected personal information of a child under sixteen, we will take the appropriate steps to delete such information from our files as soon as possible.

If you learn that a child has provided us with personal information in violation of this Privacy Notice, you can alert us at [email protected]. The only exception to this would be where a customer organisation recruits a 16 or 17 year old volunteer, in which case you may do so only with the explicit written consent of the child's parent or guardian, and using contact details for the parent and not the child.

It is important that you read this Privacy Notice together with any other privacy policy 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 replaces any previous Privacy Notice.

​OUR COMMITMENT TO PROTECTION OF PERSONAL DATA

ComplySAFE is committed to the protection of personal data and the fundamental rights of data subjects, in compliance with relevant laws such as the General Data Protection Regulation (GDPR) and any data protection, electronic communications or e-privacy laws, rules or guidance that are in force from time to time.

DEFINITIONS

In this document, we have chosen to adopt the following definitions used in the GDPR:

• Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• Data Subject means a natural person whose personal data is processed by a controller or processor.

• Personal data means any information relating to an identified or identifiable natural personal (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

• Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• Processor means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

• Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of 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.

 Definitions from ISO/IEC 29134:2017 also apply, in particular: 

• Data protection impact assessment (DPIA), also known as privacy impact assessment, means an ‘overall process of identifying, analysing, evaluating, consulting, communicating and planning the treatment of potential privacy impacts with regard to the processing of personally identifiable information, framed within an organisation’s broader risk management framework’.

ROLES AND RESPONSIBILITIES

When ComplySAFE is responsible for your personal data and makes all the decisions about how your data is processed, we are acting as the data controller. That’s pretty rare. ComplySAFE is also responsible for this website.

However – when you are using our product to get a job done, it’s different. In this case, when we are processing your personal data on behalf of a third party (customer) in accordance with their strict instructions, we are acting as a data processor.

In this Privacy Notice, references to ComplySAFE, "we", "us" or "our" means ComplySAFE Limited trading as ComplySAFE. References to “you”, “your”, “yours” means you, the data subject.

​CONTACT DETAILS

Full name of legal entity: ComplySAFE Limited

Address: 38 Fitzwilliam Square, Dublin 2

Contact: [email protected]

​YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

​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 (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you. The type of data we collect about you depends on your relationship with us.

For example, if you are a charity or club or organisation with volunteers, or if you are a visitor to our website or a subscriber to our services or blog. In all cases, we have grouped together the different kinds of data we may or are likely to collect from you:

• Technical Data which may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this website and our product.

• Profile Data which may include your username and password

• Usage Data which may include information about how you use our website, products and services.

• Marketing and Communications Data which may include your preferences in receiving marketing from us 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. This can help us to work out if a feature is useful to people, or isn’t useful and should be phased out. 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.

From time to time, we may collect some Special Categories of Personal Data about you (for example, where an organisation you are volunteering with uploads Special Categories of Personal Data with your consent, or where you have disclosed it in e.g. an application form, or if you are one of our employees). Should a case arise for lawful processing Special Categories of Personal Data as set out above, we ensure that all of the appropriate safeguards are in place, including the completion of a Data Protection Impact Assessment (DPIA), the introduction of any additional organisational or technical measures to reduce the associated privacy risk to an acceptable level as well as an appropriate lawful basis for processing. In respect of DPIAs, ComplySAFE has adopted detailed procedures for conducting a DPIA and its reporting structure, in line with ISO/IEC 29134:2017.

​IF YOU ARE UNABLE 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.

HOW IS YOUR PERSONAL DATA COLLECTED?

How your personal data is collected will depend on your relationship with us. For example, if you are an administrator with your details in our product, if you are a visitor to our website or a subscriber to our services. We use a couple of different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and other data by filling in forms or by corresponding with us by 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;

  • enter a competition, promotion or survey; or

  • give us some feedback.

• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

Where we obtain personal data from third party suppliers, we ensure that these suppliers are bound to respect data protection laws and your privacy rights pursuant to their contract with us.

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:

1. Where we need to perform the contract we are about to enter into or have entered into with you or with other third parties.

2. 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.

3. Where we need to comply with a legal or regulatory obligation.

4. Generally, we do not rely on consent as a legal basis for processing your personal data including in relation to sending direct marketing communications to you via email. You have the right to opt out of marketing or ask any questions about how we process your personal data by contacting us at any time. Please just send us an email to [email protected] stating your name, organisation you’re a part of and what we can help you to understand better.

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:

IP ADDRESSES​

An IP address is a number that is assigned to your computer automatically when you use the internet. When you visit a particular web page in mycomplysafe.com, our servers log your IP address.

We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is also used to help identify you and to gather broad demographic information.

​COOKIES

A cookie is a small file sent to your browser from a Web server and stored on your computer’s hard drive to identify you as the user of the Site. For more information, please see our Cookies Policy.

THIRD-PARTY PROVIDERS WE MAY USE

ComplySAFE may use a number of third parties to help us provide a quality service to you including but not be limited to:

• Microsoft Office365 is our incoming mail host. Any information you send us by email is therefore accessible to Microsoft. See Microsoft Office 365’s Privacy Policy for more details.

• Amazon Web Services ('AWS') - The information you provide to us will be held in the AWS cloud service based in data centres located in Ireland; for more details please click here for the AWS Privacy Policy.​​

• Twilio is the primary messaging platform we use to send multi-factor authentication messages to secure your account. These are the PIN codes sent to a user’s mobile phone by SMS or other means. Where a one-way SMS is sent by an admin to a volunteer, we use Twilio to deliver the message. See Twilio’ s Privacy Policy for more detail.

• Cloudflare provides content delivery network services, distributed denial-of-service ('DDoS') mitigation, internet security, and distributed domain name server services. Cloudflare's services sit between our website's visitors and our hosting provider, acting as a reverse proxy for our website.  See Cloudflare's Privacy Policy for more details. 

​​MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.​

OPTING OUT 

You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time. Please just send us an email to [email protected] stating your name, the organisation you’re a part of and how we can help. 

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, 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 get 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.​

DISCLOSURES OF YOUR PERSONAL DATA 

We may have to share your personal data with:

(1) service providers acting as processors who provide IT and system administration services,

(2) professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services​.

(3) Revenue authorities, regulators and other authorities acting as processors or joint controllers and who may require reporting of processing activities in certain circumstances; or 

(4) 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. 

PERSONAL DATA BREACHES 

ComplySAFE has established a personal data breach response procedure, aligning with recommendations from ISO/IEC 29134:2017 and addressing privacy law requirements related to notification of personal data breaches.  

INTERNATIONAL TRANSFERS OF PERSONAL DATA 

From time to time, we may use trusted third party processors who may be established outside the European Economic Area (EEA). 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.​

DATA RETENTION 

We will only retain your personal data for as long as necessary to fulfill 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 for 6 years after they cease being customers for tax and legal purposes. In some circumstances you can ask us to delete your data: see Request erasure 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. 

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.

YOUR RIGHTS 

ComplySAFE shall keep records of data personal data processing activities and develop appropriate procedures to ensure it can satisfy your rights as a data subject where applicable, namely: 

• 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. The right to erasure 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. 

If you wish to exercise any of the rights set out above, please email [email protected] stating your name and purpose of your request. 

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.

IF YOU ARE NOT SATISFIED 

You have the right to make a complaint at any time to the Office of the Data Protection Commissioner (ODPC), the Irish supervisory authority for data protection issues (https:/www.dataprotection.ie/). 

We would appreciate the opportunity to deal with your concerns before you approach the ODPC so please contact us in the first instance. Please email [email protected] stating your name and the nature of your complaint.

CHANGES TO OUR PRIVACY STATEMENT 

We may change this Privacy Notice from time to time by posting revisions on this Site. Each time you enter this Site you agree that the current version of the Privacy Notice current at that time shall apply to all data we hold about you. The effective date of this Privacy Notice shall be displayed at the start of this document and from that date shall take the place of any previously published Privacy Notice.