PRIVACY POLICY

HPC Sales Limited – Privacy & Cookies Policy (last revised on 11 May 2020)

 

  1. who we are

We are HPC Sales Limited, registered owner of business name, T.J. O’Mahony, and incorporated and registered in Ireland with company number 525639, and whose registered office is at Unit 2 Building A, Ballymount Retail Park, Ballymount, Dublin 24 (hereinafter referred to as “HPC”, “we”, “us” or “our”, which terms shall also include our Affiliates. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with us. “Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity). We are a wholesale and retail seller of timber, building materials, plumbing & heating, bathroom, tools, painting and decorating, DIY, household and gardening products based in Ireland and sell these products through our website (the “Business”).

 

Your privacy is of paramount importance to us. This privacy and cookies policy (“Privacy Policy”) applies to the Business and the tjomahony.ie website, applications and services related thereto (the “Service”). In this Privacy Policy, the term “Personal Data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).

 

Please read the following carefully. Registering for an account (“Your Account”) on our website or any mobile application, use of Your Account or our website or otherwise accepting the terms of this Privacy Policy indicates that you have reviewed this Privacy Policy and have agreed to be bound by it. If you do not agree to these terms you must leave our website immediately. If you choose to accept this Privacy Policy, we will keep a record of your acceptance in this regard.

 

We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be supplemented, amended, revised or replaced from time to time.

 

We are a controller (as defined in Data Protection Legislation) in relation to any Personal Data which we collect from you through your or any other user’s use of the Service and the set-up of Your Account. This Privacy Policy sets out the basis on which any such Personal Data will be processed by us.

 

You may be a data subject (as defined in Data Protection Legislation) or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all of your controller obligations under Data Protection Legislation. When you are a controller, we and you act as independent controllers, unless agreed otherwise.

 

  1. Information we gather from you

We fully respect your right to privacy in relation to your interactions with the Service and endeavour to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individual’s information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commission (“DPC”).

 

We may collect Personal Data from you in the course of your use of the Service. The information that we process includes:

 

  • basic information, such as your name [and date of birth]
  • contact information, such as your billing, home and/or business postal address, email address and phone number(s);
  • profile information, including your username and password, your local branch of ours, purchases or orders made by you, contact details (name, address, telephone number and email address) of trade references, names of the owner or director of your business, and the buyer or manager associated with Your Account, and feedback and survey responses;
  • [financial information, including your VAT number, [payment card details and, where you or your business have or apply for a credit or trade account with us, bank account details and information held by credit information providers];
  • [newsletter information, which is information provided by you when you opt-in to receive our newsletter;]
  • technical information, such as information from your visits to our website or applications (including internet protocol (IP) address and login data, [browser type and version, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the website or applications]) or in relation to materials and communications we send to you electronically;
  • [location data relating to you;] or
  • any other information relating to you which you may provide to us.

Any Personal Data that we collect from you for these purposes is hereinafter referred to together as “Your Data”.

 

We endeavour to keep Your Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.

If you are aged under 18, please get your parent/guardian’s permission before you provide Your Data to us/use the Service.

 

  1. Why we collect/have access to your information

We may collect information from you as necessary in the course of providing our Service. We may collect your personal information while monitoring our technology tools and services, including our website and email communications sent to and from us. We gather information about you when you provide it to us, or interact with us directly.

 

We may use your Personal Data on any one or more of the following legal bases: (i) to perform a contract with you; (ii) for our legitimate business purposes in providing the Service to you (in which case, our legitimate interests will not override your fundamental privacy rights); and/or (iii) in limited circumstances, where you have given us your express consent.

 

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 legal basis depending on the specific purpose for which we are using Your Data. Please contact us if you need details about the specific legal basis we are relying on to process your Personal Data where more than one ground has been set out in the table below.

 

Purpose

Categories of data

 

Legal basis for processing and, where necessary, the basis of legitimate interest

 

To respond to an enquiry from you.

basic information, and

contact information,

Necessary to take steps at your request prior to entering into a contract with you.

To register you as a customer of our website, including reference checks in connection with applications for and operation of a credit or trade account with us.

 

basic information,

contact information,

profile information, and

financial information.

Performance of a contract with you.

Necessary for our legitimate interests in protecting our business from insolvent customers and fraud.

 

To process and deliver your order, including collection and recovery of money owed to us.

basic information,  

contact information,

profile information, and

financial information.

Performance of a contract with you.

Necessary for our legitimate interests in operating our business and recovering debts due to us.

To make suggestions and recommendations to you about goods or services that may be of interest to you.

 

basic information,  

contact information,

profile information,  and

marketing information.

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

basic information,

contact information, 

profile information,

marketing information, and

technical information.

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)

To provide and improve our website, including auditing and monitoring its use, providing and improving our Service to you and managing and administering our relationship with you including notifying you of changes to our terms or our privacy and cookies policy, and requesting your feedback.

basic information,

contact information, 

marketing information,

technical information, and

location data.

Necessary for our legitimate interests to provide and improve our website, including auditing and monitoring its use; providing and improving our Service to you; or managing and administering our relationship with you;

Necessary to fulfil our legal, regulatory and risk management obligations.

To use data analytics to improve our website, Service, marketing and customer relationships.

profile information, and

technical information.

 

Necessary for our legitimate interests to define types of customers for our Service, to keep our website updated and relevant, to develop our Business and to inform our marketing strategy.

To deal with issues, complaints or disputes arising out of our relationship with you or your business, and to prevent or detect crime, such as fraud.

basic information,

contact information,

profile information, and

financial information

Necessary for our legitimate interests to establish, exercise or defend legal claims.

 

Where we wish to use Your Data in any other way, we will ensure that we notify you and get your consent first. You will be given the opportunity to withhold or withdraw your consent for the use of Your Data for purposes other than those listed in this Privacy Policy.

 

  1. MARKETING/NEWSLETTER/PROMOTIONS

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications (in the form of a newsletter) from us or a third party if you have requested information from us or purchased goods from us and have opted in to receiving that marketing. We will always get your express opt-in consent before we share your personal data with any third party for marketing purposes. 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, by following the opt-out links on any newsletter sent to you or by contacting us at any time.

  1. Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a better experience when you browse our website and also allows us to improve our site. They also help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly. A cookie is a small text file that is placed on your device by a web server that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

 

We use the following types of 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 or performance cookies. These 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 and to see how effective and relevant advertising on our website is.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name, remember your preferences (for example, your choice of language and location) and remember if we have already asked you for feedback or to complete a survey.
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

 

You can find a list of cookies we use and the purposes for which we use them in the tables below.

Examples of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name Cookie Description
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.
     
     

 

Please note that a number of third parties may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services.  These third party cookies help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly. [You may see ‘social buttons’ during your use of the website, including but not limited to Twitter, Facebook, LinkedIn and Instagram which enable you to share or bookmark certain web pages.  These websites and social platforms have their own cookies and privacy practices, which are controlled by them.]

 

You can find a list of third party cookies we use and the purposes for which we use them in the tables below.

 

Third Party Cookies

 

Provider

[Examples of Cookie

Purpose

Duration

Google Analytics

__utma,

__utmc,

__utmv,

__utmz]

To understand how you use our website. We use this information to understand what subjects you are interested in and to improve usability of the website. The cookies collect information in anonymous form and won't identify you.

[          6 Months    ]

 

We use Google Analytics to obtain high-level “audience measurement” data such as the referral web domain, type of operating system/browser used, date and time of visit, and other information relating to activities on our website to understand its usage better, analyze trends, and optimize the website experience. To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.

 

The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on's settings or visiting the website of its manufacturer.

 

For more information about cookies and managing them including how to turn them off, please visit www.cookiecentral.com. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to fully experience the interactive features of our Service/website or other related websites/applications which you visit/use.

 

  1. Are there cases where we may use your information to contact you

We may contact you:

  • for administration reasons related to the Service (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us;
  • to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our website, by email or via the ‘How To Contact Us’ facility referred to below at section 16;
  • to invite you to participate in surveys about our services (participation is always voluntary) or to give us feedback on your experience of using our website.
  • for direct marketing purposes.

 

  1. What rights do you have

As a data subject, you have the following rights under Data Protection Legislation and we, as controller in respect of Your Data, will comply with such rights in respect of Your Data:

 

  • the right of access to Personal Data relating to you;
  • the right to correct any mistakes in your Personal Data;
  • the right to ask us to stop contacting you with direct marketing;
  • rights in relation to automated decision making;
  • the right to restrict or prevent your Personal Data being processed;
  • the right to have your Personal Data ported to another data controller;
  • the right to erasure; and
  • the right to complain to the DPC if you believe we have not handled your Personal Data in accordance with Data Protection Legislation.

 

These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your Personal Data, please contact us (see ‘How to contact Us’ below at section 16). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.

 

  • Right of access to Personal Data relating to you

You may ask to see what Personal Data we hold about you and be provided with:

 

  • a summary of such Personal Data and the categories of Personal Data held (see Sections 7.1 and 7.2 above);
  • details of the purpose for which it is being or is to be processed (see Section 3 above);
  • details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers (see Section 10 below);
  • details of the period for which it is held or the criteria we use to determine how long it is held (see Section 14 below);
  • details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 7);
  • any information available about the source of that data (see Section 2 above);
  • whether or not we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling; and
  • where your Personal Data are transferred out of the EEA, what safeguards are in place (see Section 10 below).

 

Details in respect of the above points are all set out in this Privacy Policy; however, if you need further clarification, please contact us (see ‘How to contact Us’ below at section 16).

 

Requests for your Personal Data must be made to us (see ‘How to contact Us’ below at section 16) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.

 

There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Date requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.

 

  • Right to update your Personal Data or correct any mistakes in your Personal Data

 

You can require us to correct any mistakes in your Personal Data which we hold free of charge. If you would like to do this, please:

 

  • email or write to us (see ‘How can you contact us’ below);
  • let us have enough information to identify you (e.g. name, registration details); and
  • let us know the information that is incorrect and what it should be replaced with.

 

If we are required to update your Personal Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.

 

It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to contact Us’ below at section 16).

 

  • [Right to ask us to stop contacting you with direct marketing

We have a legitimate interest to send you electronic communications in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc. and which may also appear on social media platforms such as Facebook, LinkedIn, Twitter or Instagram.). We may also ask you for your consent to send you direct marketing from time to time. You may be able to select your preferences with respect to direct marketing when registering Your Account. We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

 

You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:

 

  • Click on ‘unsubscribe’ on an email (this will be instantaneous);
  • Respond ‘stop’ on an SMS (this will be instantaneous) to a number notified to you; or
  • Send an email via ‘How to contact Us’ below at section 16 (this can take up to 5 working days).

 

We will provide you with information on action taken on a request to stop direct marketing - this may be in the form of a response email confirming that you have ‘unsubscribed’. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications in respect of the administration of Your Account.

 

  • Rights in relation to automated decision taking

You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. Profiling may occur in relation to your Personal Data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.

  • Right to restrict or prevent processing of Personal Data

In accordance with Data Processing Legislation, you may request that we stop processing your Personal Data temporarily if:

  • you do not think that your Personal Data is accurate (but we may start processing again once we have checked and confirmed that it is accurate);
  • the processing is unlawful but you do not want us to erase your Personal Data;
  • we no longer need the Personal Data for our processing; or
  • you have objected to processing because you believe that your interests should override the basis upon which we process your Personal Data.

 

If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:

  • you consent to such processing;
  • the processing is necessary for the exercise or defence of legal claims;
  • the processing is necessary for the protection of the rights of other individuals or legal persons; or
  • the processing is necessary for public interest reasons.

 

  • Right to data portability

In accordance with Data Protection Legislation, you may ask for an electronic copy of your Personal Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:

  • the processing is based on your consent or for the performance of a contract; and
  • the processing is carried out by automated means.

 

  • Right to erasure

In accordance with Data Protection Legislation, you can ask us (please see ‘How to contact Us’ below at section 16) to erase your Personal Data where:

 

  • you do not believe that we need your Personal Data in order to process it for the purposes set out in this Privacy Policy;
  • if you had given us consent to process your Personal Data, you withdraw that consent and we cannot otherwise legally process your Personal Data;
  • you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
  • your Personal Data has been processed unlawfully or have not been erased when it should have been; or
  • the Personal Data have to be erased to comply with law.

 

We may continue to process your Personal Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest to do so (e.g. retaining evidence of billing information etc.). Where you have requested the erasure of your Personal Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.

 

  1. Right to complain to the DPC

If you do not think that we have processed your Personal Data in accordance with this Privacy Policy, please contact us in the first instance. If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC website at www.dataprotection.ie

 

  1. Withdrawal of Consent

If you no longer consent to our processing of Your Data (in respect of any matter referred to in this Privacy Policy as requiring your consent), you may request that we cease such processing by contacting us via the ‘How To Contact Us’ facility referred to below at section 16. Please note that if you withdraw your consent to such processing, it may not be possible for us to provide all/part of the Service to you.

 

  1. Who we share your information with

We will not share Your Data without your consent or unless required by law (except as set out in this Privacy Policy). If we become involved in a merger, acquisition, or any form of sale of some of all of its assets, Your Data will not be transferred to any third party unless there are adequate safeguards in place with the recipient in respect of the security of Your Data.

 

We restrict access to Your Data to employees, contractors, and agents of HPC or our Affiliates who need such access in order to operate, develop, or improve our Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations. We may also share Your Data with our third party suppliers who assist us in the provision of the Service.

 

We also share Your Data with Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (subject to having appropriate contracts in place with such third parties).

 

Your Data may be transferred to, stored at, or accessed from a destination outside the European Economic Area (“EEA”) for the purposes of us providing the Service. It may also be processed by staff members operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. By submitting Your Data, you explicitly consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your Data is treated securely and in accordance with this Privacy Policy. The safeguards in place with regard to the transfer of Your Data outside of the EEA to third parties shall include (but shall not be limited to) the entry by us into appropriate contracts with all transferees of such data.

 

All information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access any part of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorised to use the Service.

 

  1. Third Party Websites

This Privacy Policy applies to websites and services that are owned and operated by us. We do not exercise control over the sites/applications that may be linked from the Service. These other sites/applications may place their own cookies or other files on your computer, collect data or solicit personal information from you. You acknowledge that the Service that we provide may enable or assist you to access the website content of, correspond with, and purchase goods and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party and the use by any such third-party of your Personal Data.  We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Service. We encourage you to carefully familiarise yourself with the terms of use and privacy policies applicable to any websites and/or services operated by third parties. Please be aware that we are not responsible for the privacy practices of any third parties.

 

  1. How do we protect your personal information

We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Your Data to employees, contractors and agents who need to know Your Data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, our Service may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.

 

We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Data transmitted, stored or otherwise processed.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of any data transmitted to us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that our Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Your Data arising from such risks.

 

  1. Breach Reporting

We will notify serious data breaches in respect of Your Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context 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.

We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:

  • we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
  • we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
  • it would involve disproportionate effort, in which case we may make a public communication instead.

 

  1. Retention of Personal Data

Your Data will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance. This may include retaining Your Data as necessary to administer Your Account, comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Service.

 

Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyse personal characteristics about you.

 

  1. Amendments to Privacy Policy

We may change our Privacy Policy from time to time and at our sole discretion. The date of the most recent revisions will appear on the top of this Privacy Policy. If you do not agree to these changes, please do not continue to use the Service to submit Your Data. If material changes are made to the Privacy Policy, we will notify you by placing a prominent notice on our Service or by sending you a notification in relation to this. We will not process Your Data in a manner not contemplated by this Privacy Policy without your consent.

 

  1. How to contact Us

If you need to contact us with regard to any of your rights as set out in this Privacy Policy, all such requests should be made in writing by email to [email protected]