Privacy policy

This Privacy Policy sets out how we, Core Sustainability Limited collect, store and use information about you when you use or interact with our website,www.coresustainability.com (our website) and where we otherwise obtain or collect information about you. This Privacy Policy is effective from 28th February 2018[1].

Contents[2]

· Summary

· Our details

· Information we collect when you visit our website

· Information we collect when you contact us

· [Information we collect when you interact with our website][3]

· [Information we collect when you place an order [on our website]][4]

· [Our use of automated decision-making and profiling][5]

· How we collect or obtain information about you from third parties

· Disclosure and additional uses of your information

· How long we retain your information

· How we secure your information

· Transfers of your information outside the European Economic Area

· Your rights in relation to your information

· Your right to object to the processing of your information for certain purposes

· Sensitive Personal Information

· Changes to our Privacy Policy

· Children’s Privacy

· California Do Not Track Disclosures

· Copyright, credit and logo

Summary[6]

This section summarises how we obtain, store and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

· Data controller: Daniel Montlake[7]

· How we collect or obtain information about you:

o when you provide it to us (e.g. by contacting us on our website contact forms, and newsletter subscriptions forms,

o from your use of our website, using cookies [and similar technologies][8], and

o [occasionally,][9] from third parties.

· Information we may collect: name, contact details [name,] [contact details,] [IP address,] [information from cookies,] [information about your computer or device (e.g. device and browser type),] [information about how you use our website (e.g. which pages you have viewed,] [the time when you view them and what you clicked on,] [the geographical location from which you accessed our website (based on your IP address),] [company name or business name (if applicable),] [VAT number (if applicable),] [and] [insert any additional information you collect from or about individuals].

· How we use your information: for administrative and business purposes (particularly to contact you, to improve our business and website [to fulfil our contractual obligations,] [to advertise our goods and services,] [and] [in connection with our legal rights and obligations] [and] [insert any additional ways in which you use personal information].[10]

· Disclosure of your information to third parties: only to the extent necessary to [run our business,] [to our service providers,] [to fulfil any contracts we enter into with you,] [where required by law or to enforce our legal rights] [and] [insert any other relevant circumstances in which you disclose personal information to third parties].

· Do we sell your information to third parties (other than in the course of a business sale or purchase or similar event): No

· How long we retain your information: for no longer than necessary, taking into account any legal obligations we have (e.g. to maintain records for tax purposes), any other legal basis we have for using your information (e.g. your consent, performance of a contract with you or our legitimate interests as a business). For example and EPC expires after 10 years and ESOS audits are required by law every 4 years, therefore we will hold records for these pruposes. For specific retention periods in relation to certain information which we collect from you, please see the main section below entitled How long we retain your information.

· How we secure your information: using appropriate technical and organisational measures such as [storing your information on secure servers such-as mailchimp and Square Space,][11] [encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology,] only granting access to your information where necessary [and] additional security measures you use to protect personal information such as encryption of personal data, encrypted email, pseudonymisation and/or anonymisation of personal information].

· Use of cookies [and similar technologies]: we do not use cookies on our website

· Transfers of your information outside the European Economic Area: [we will only transfer your information outside the European Economic Area if we are required to do so by law] OR [in certain circumstances] we [transfer] your information outside of the European Economic Area ,Where we do so, we will ensure appropriate safeguards are in place[encryption of personal data, encrypted email, pseudonymisation and/or anonymisation of personal information].including [insert safeguards used for data transfers outside the European Economic Area e.g. [the third parties we use who transfer your information outside the European Economic Area have self-certified themselves as compliant with] the EU-U.S. Privacy Shield]].[12]

· Use of automated decision making and profiling: we use automated decision making [and/or] profiling]. e.g. use of web analytics,, web beacons or server logs analysis tools (profiling) or use targeting cookies to display advertisements to your people who visit your website on other websites around the internet (e.g. using the Google AdSense network) (automated decision making)].

· Your rights in relation to your information

o to access your information and to receive information about its use

o to have your information corrected and/or completed

o to have your information deleted

o to restrict the use of your information

o to receive your information in a portable format

o to object to the use of your information

o to withdraw your consent to the use of your information

o [not to have significant decisions made about you based solely on automated processing of your information, including profiling][13]

o to complain to a supervisory authority

· Sensitive personal information: we [do not knowingly or intentionally] collect what is commonly referred to as ‘sensitive personal information’. [Please do not submit sensitive personal information about you to us.] For more information, please see the main section below entitled Sensitive Personal Information.[14]

Our details

The data controller in respect of our website is Core Sustainability Limited, Daniel Montlake [(company registration number 10015837 of Kemp House, 152 City Road, London, EC1V 2NX. You can contact the data controller by writing to above address or sending an email to info@coresustainability.com.

The data controller’s representative is as above. You can contact the data controller’s representative by writing to above address for the data controller’s representative] or sending an email to info@coresustainability.com.[15]

[The data protection officer for the data controller is as above.[16]

If you have any questions about this Privacy Policy, please contact the data controller.

Information we collect when you visit our website

We collect and use information from website visitors in accordance with this section and the section entitled Disclosure and additional uses of your information.

Web server log information

We use a [third party][17] server to host our website Square Space the privacy policy of which is available here: [insert link to privacy policy]].[18] [Our website server automatically logs the IP address you use to access our website as well as other information about your visit such as [the pages accessed,] [information requested,] [the date and time of the request,] [the source of your access to our website (e.g. the website or URL (link) which referred you to our website),] [and] [your browser version and operating system]

Our server is located in (See Square Space policy on this link) insert country or countries outside the EEA in which your website server(s) is/are located] [and, accordingly, your information is transferred outside the European Economic Area (EEA). For further information and information on the safeguards used, please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area]].[19]

Use of website server log information for IT security purposes

[[We do not access log data from our website server] OR [[We] AND/OR [our third party hosting provider]]] collect(s) and store(s) server logs to ensure network and IT security and so that the server and website remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber attacks, by detecting unusual or suspicious activity.

[[Unless we are investigating suspicious or potential criminal activity,] [we] do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs].][20]

Legal basis for processing: compliance with a legal obligation to which we are subject (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of information about individuals. Recording access to our website using server log files is such a measure.

Legal basis for processing: our and [a third party’s] legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: we [and our third party hosting provider] have a legitimate interest in using your information for the purposes of ensuring network and information security.

Use of website server log information to analyse website use and improve our website

We use the information collected by our website server logs to analyse how our website users interact with our website and its features. For example, we analyse the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit [and] [the operating system and browser used.

We use the information gathered from the analysis of this information to improve our website. For example, we use the information gathered to change the information, content and structure of our website and individual pages based according to what users are engaging most with and the duration of time spent on particular pages on our website.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: improving our website for our website users and getting to know our website users’ preferences so our website can better meet their needs and desires.][21]

[Cookies and [similar technologies]]

[We do not use cookies [or similar technologies] on our website.]

Information we collect when you contact us

We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.

Email

When you send an email to the email address displayed on our website we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services (for example, providing you with information about such goods and services), we will process your information in order to do so).

Transfer and storage of your information

We use a third party email provider to store emails you send us. Our third party email provider Go Daddy Office 365 and insert privacy policy][22]

Emails you send us will be stored within the European Economic Area on our [third party email provider’s] servers in [insert location (country) where your third party email provider stores your emails (usually where its servers are located)][23]. For further information please see the section of this privacy policy entitled Transfers of your information outside the European Economic Area.][24]

Contact form

When you contact us using our contact form, we collect. name, email address, IP address, a message from sender about the enquiry]. We also collect any other information you provide to us when you complete the contact form[, including any optional information, such as: a message from sender about the enquiry, phone number or company name][25]

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your enquiry.

If you do not supply the optional information required by our contact form, [insert consequences of an individual not providing the optional information requested by your contact form (such as phone number) e.g. we may not be able to respond to your enquiry by phone.][26]

Transfer and storage of your information

[Messages you send us via our contact form will be stored within the European Economic Area on our [third party [hosting] OR [email] provider’s] servers in [insert location (country) where your third party provider stores your emails (usually where its servers are located)]. See Go Daddy Office Outlook 365 Privacy Policyhttps://uk.godaddy.com/agreements/showdoc.aspx?pageid=PRIVACY Our third party [email] or [hosting] provider is [[insert name of third party email provider] OR [located in [insert country where your third party email provider is located]]. [Their privacy policy is available here: [insert link to your third party email provider’s privacy policy].][27]

[For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.][28]

[We use a third party contact form provider to store messages you send us. Our contact form provider is on Square Space [Their privacy policy is available here: [insert link to your third party email provider’s privacy policy]. Messages you send to us via our contact form will be stored the European Economic Area on our contact form provider’s servers in [insert location (country) where your third party provider stores your emails (usually where its servers are located)]][29]

[Phone[31]

When you contact us by phone, we collect your phone number and any information provide to us during your conversation with us.

We do not record phone calls.[32]

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation)
Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.

Transfer and storage of your information

Information about your call, such as your phone number and the date and time of your call, is processed by our internal employee email encrypted system][33] [Their privacy policy is available here: [Will insert policy soon, please contact us for details on info@coresustainability.comnsert link to your third party email provider’s privacy policy].][34]

Post

If you contact us by post, we will collect any information you provide to us in any postal communications you send us.

Information we collect when you interact with our website

We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.

[E-Newsletter

When you sign up for our e-newsletter on our website or opt to receive news, offers and any additional types of information or content which your e-newsletter contains from us by this link (description of how individual signs up to receive your e-newsletter on your website) e.g. by entering their name and email address and clicking subscribe or ticking a box at checkout indicating that they would like to receive your e-newsletter]], we collect the information you collect from a user when they sign up for your e-newsletter e.g. name and email address[35]

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: you give your consent to us sending you our e-newsletter by signing up to receive it using the steps described above.

Transfer and storage of your information

We do in-house marketing and use a Mail Chimp service to send out our e-newsletter and administer our mailing list. [Their privacy policy is available here: [ link to third party’s privacy policy]].][36]

[Information you submit to subscribe for our e-newsletter will be stored withinthe European Economic Area on our [third party mailing list provider’s] servers in email provider stores your subscribers’ information. [For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.][37]

[Use of web beacons [and similar technologies] in emails][38]

We use technologies such as [web beacons (small graphic files) in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the [delivery rates,] [open rates] [and] [click through rates][39] which our emails achieve.] [We will only use [web beacons] [and] [insert any other tracking technologies you use] in our emails if you have consented to us doing so.

[Registering on our website

When you register and create an account on our website, we collect the following information: name, email address, IP address] and any other information you provide to us when you complete the registration form, [including any optional information, such as your website message e.g. phone number or company name][40]

If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on our website.

[If you do not supply the optional information requested by our registration form, [insert consequences of individual not providing the optional information requested by your contact form (such as phone number) e.g. we may not be able to respond to your enquiry by phone.]]

[Legal basis for processing: necessary to perform a contract [or to take steps at your request prior to entering into a contract] (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: creating an account on our website is necessary to allow you to access the goods and services you have purchased from us][41]

[Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: registering and administering accounts on our website. to provide access to content and facilitate the running and operation of our business.]][42]

Transfer and storage of your information

[Information you submit to us via the registration form on our website will be stored [[within] the European Economic Area on our [third party hosting provider’s Square Space] servers in [insert location (country) where your third party provider stores your emails (usually where its servers are located)]. Our third party hosting provider is [[insert name of third party email provider] OR [located in [insert country where your third party email provider is located]]. [Their privacy policy is available here: [insert link to your third party email provider’s privacy policy].][43]

Information we collect when you place an order [on our website]

We collect and use information from individuals who place an order on our website in accordance with this section and the section entitled Disclosure and additional uses of your information.

Information collected when you place an order

Mandatory information

When you place an order for goods or services on our website, we collect [[your name,] [email address,] [billing address,] [shipping address,] [company name (if applicable),] [VAT number (if applicable),] [and] [insert any other mandatory information you collect from customers at checkout].]

If you do not provide this information, you will not be able to purchase goods or services from us on our website or enter into a contract with us.

Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation). K,
Reason why necessary to perform a contract: we need the mandatory information collected by our checkout form to establish who the contract is with and to contact you to fulfil our obligations under the contract, including sending you receipts and order confirmations.[45]

[Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation: we have a legal obligation to issue you with an invoice for the goods and services you purchase from us where you are VAT registered and we require the mandatory information collected by our checkout form for this purpose. We also have a legal obligation to keep accounting records, including records of transactions][46]

Optional information

We also collect optional information from you, such as [your phone number,] [information about how you heard about us] [and] [messages or any details you leave on our website [We also ask you if you would like to receive marketing communications [[from us] AND/OR third parties]]. For further information, see ‘Marketing communications’ in this section below.]

[If you do not supply the optional information requested at checkout, [insert consequences of individual not providing the optional information requested by your contact form (such as phone number) e.g. we will not be able to contact you by phone.]

[Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: Providing information about our services, newsletters and seminars and events for marketing and good business practice[[47]

[AND/OR]

Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).
Legitimate interests: you consent to us processing any optional information you provide by submitting that information to us.][48]

Processing your payment

We do not place orders on our website so this does not apply: After you place an order on our website you will need to make payment for the goods or services you have ordered. In order to process your payment we use [[a third party payment processor,] OR [third party payment processors, including] [insert name(s) of third party payment processors used on your website e.g. PayPal or Stripe]]. Your payment will be processed by [[insert name of third party payment processor you use] OR [the third party payment processor you choose to process your payment] [via a payment gateway]].

[[insert name of third party payment processor you use] OR [the third party payment processor you choose to process your payment]] collects, uses and processes your information, including payment information, in accordance with their privacy policies. You can access [its / their privacy policies] via the following link(s): [insert links to the privacy policies of your payment processor(s)].[49]

Transfer and storage of your information

[insert name of third party payment processor you use] is located in [insert country where you payment processor is located]. Information relating to the processing of your payment is stored [[within OR outside]] the European Economic Area on our [third party payment processor’s] servers in [insert location (country) where your third party provider stores your emails (usually where its servers are located)].

Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: to fulfil your contractual obligation to pay for the goods or services you have ordered from us.

Marketing communications

At checkout you will have the option of receiving marketing communications from us.

[Our similar goods and services[51]

You can opt-out from receiving marketing communications in relation to our goods and which are similar to those which you purchase from us, by [insert method by which consumer may opt out from receiving communications e.g. by ticking a box to opt out or by unticking a pre-ticked box].

We will send you marketing communications in relation to similar goods and services if you do not opt out from receiving them.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: direct marketing and advertising our products and services.]

Transfer and storage of your information

[We use a third party service to administer our mailing list, [Mail Chimp third party provider.][52]

[Information you submit to subscribe for our e-newsletter will be stored [[within OR outside]] the European Economic Area on our [third party mailing list provider’s] servers in [insert location (country) where your third party email provider stores your subscribers’ information (usually where its servers are located)].][53] [For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.][54]

[Use of web beacons [and similar technologies] in emails][55]

We use technologies such as [web beacons (small graphic files)] [and] [insert any other technologies used by your third party mailing list provider] in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the [delivery rates,] [open rates] [and] [click through rates][56] which our emails achieve.] [We will only use [web beacons] [and] Survey Monkey or Google Forms in our emails if you have consented to us so.]

[For more information on how we use web beacons in our emails, see our cookies policy which is available here: [insert link to cookies policy] We don’t have a Cookies Policy[57]

[For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: [insert link to privacy policy].][58]

[Our goods and services][59]

You can opt in to receiving marketing communications from us in relation to our goods and services [by [email,] [phone,] by [insert method by which an individual can opt in to receiving communications e.g. by ticking a box indicating that you would like to receive such communications].[60]

We will send you marketing communications in relation to our goods and services only if you opt-in to receive them.

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: you give your consent to us sending you information about our goods and services by signing up to receive such information in accordance with the steps described above.

Transfer and storage of your information

[We use a third party service Mail Chimp to administer our mailing list.[61]

[Information you submit to subscribe for our e-newsletter will be stored [[within OR outside]] the European Economic Area on our [third party mailing list provider’s] servers in [insert location (country) where your third party email provider stores your subscribers’ information (usually where its servers are located)].][62] [For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.][63]

[Use of web beacons [and similar technologies] in emails][64]

We use technologies such as [web beacons (small graphic files)] [and] [insert any other technologies used by your third party mailing list provider] in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the [delivery rates,] [open rates] [and] [click through rates] [and] [insert any additional information you measure about user interaction with your emails][65] which our emails achieve.] [We will only use [web beacons] [and] [insert any other tracking technologies you use] in our emails if you have consented to us doing so.]

[For more information on how we use web beacons in our emails, see our cookies policy which is available here: [insert link to cookies policy]][66]

[For more information about our third party mailing list provider and they use web beacons, please see their privacy policy which is available here: [insert link to privacy policy].][67]

Information collected or obtained from third parties

This section sets out how we obtain or collect information about you from third parties.

Information received from third parties

[Generally,] we do not receive information about you from third parties. The third parties from which we receive information about you will generally include Property Professionals, Landlord and Tenant and Referrals, RICS, UKGBC Members, Training Providers [

It is also possible that third parties with whom we have had no prior contact may provide us with information about you.

Information we obtain from third parties will generally be your name and contact details, but will include any additional information about you which they provide to us.

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where a third party has passed on information about you to us (such as your name and email address) in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you (as the case may be).

Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or services by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.

For example, we would have a legitimate interest in processing your information to perform our obligations under a sub-contract with the third party, where the third party has the main contract with you. Our legitimate interest is the performance of our obligations under our sub-contract.

Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.

Where we receive information about you in error

If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

Information obtained by us from third parties

In certain circumstances (for example, to verify the information we hold about you or obtain missing information we require to provide you with a service) we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as [[the electoral register,] [Companies House,] [online customer databases,] [business directories], [media publications,] [social media,] [and] websites (including your own website if you have one) [and] Professional Membership like RICS AND UKGBC member databases.[68]

In certain circumstances will also obtain information about you from private sources, both EU and non-EU, such as [insert any private sources from which you collect or expect that you collect information about an individual e.g. data brokers]

Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to understand your business and provide services to you or services to a sufficient standard.

For example, we would obtain and/or verify your email address from your website or from a directory where you ask us to send you information by email but we do not possess the information or we need to confirm that we have recorded your email address correctly.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.

[Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
Consent: we may obtain information from third parties, such as data brokers, where you have consented to them sharing information with us by [insert method by which individual consent e.g. ticking a box stating that you would like your information to be share with us.]][69]

[Our use of automated decision-making and profiling[70]

We use [[automated decision making] [and] [profiling]] on our website. [We do not consider that this has any legal effect on you or similarly significantly affects you.][71]

[You have the right to object to our use of automated decision making and profiling described in this section. You can do that by opting-out of cookies and similar technologies in accordance with the method described in the relevant section below. If you do not want us to process your actual IP address (usually the IP address assigned to you by your Internet Service Provider) when you visit our website, you can use a Virtual Private Network (VPN) or a free service such as Tor.]

You can find out more about our use of cookies and similar technologies (including the legal basis on which we use them) and how to opt out from them in our cookies policy, which is available here: We don’t have Cookies on our site[insert link to cookies policy]

Profiling

Profiling is any form of automated processing of your information to evaluate personal aspects about you, in particular to analyse or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

[Use of profiling for web analytics

[Our web analytics service Google Analytics uses collects information such as your location (based on your IP address) and your behaviour (based on cookies) when you access our website (such as the pages you visit and what you click on) [and] [insert any other behaviours which are analysed when a user visits your website] We will only process information from cookies if you have consented to us setting cookies on your computer in accordance with our cookies policy ([insert link to cookies policy]). [Information collected about you, once collected is anonymised and stored on an aggregate basis.] We don’t have Cookies on our site[[72]

Logic involved: by automatically analysing and categorising information such as the location (based on IP address) as well as the behaviour and devices of visitors to our website (using cookies), we are able to gain a better understanding of what our website visitors want (in terms of the content of our website and our products), how to improve our website and how to advertise and market our services to them.

[Legal basis for processing: [insert legal basis for processing e.g. your legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).]]

[Legitimate interest: [describe your legitimate interest in the relevant profiling activity (if you are relying on your legitimate interests as your legal basis for processing]]

[Use of profiling in marketing emails]

[We use Mail Chimp and Survey Monkey in our marketing emails to analyse who opens our emails [and what actions they take (for example, what they click on)]. We will only process information from [[web beacons] AND/OR if you have consented to their use in accordance with our cookies policy ([insert lin k to Mail Chimp policy).

Logic involved: by analysing how our email recipients respond to our emails, we are able to improve the content and effectiveness of our emails and gauge who is most interested.

Significance and envisaged consequences: your behaviour when you open our emails will be tracked using [small gif files (web beacons)] [and] [insert any other technologies used]], including [open rates], [click through rates], [and] [insert any other information you measure about individuals in your marketing emails].

How to object: [insert method of allowing an individual to object to your use of web beacons and similar technologies e.g. contact you][73]

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).

Legitimate interest: [analysing the level of engagement and effectiveness of our marketing emails and content]

[Insert use of profiling][74]

[[We use profiling for marketing our services

Logic involved: [insert the logic involved in your use of profiling e.g. to increase efficiencies]

Significance and envisaged consequences: [insert the significance and envisaged consequences for the individual of your use of profiling]

How to object: [insert description of how individual may object i.e. stop the processing of their personal information for profiling purposes]

[Legal basis for processing: [insert legal basis for processing e.g. your legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).]]

[Legitimate interest: [describe your legitimate interest in the relevant profiling activity (if you are relying on your legitimate interests as your legal basis for processing]]

https://mailchimp.com/legal/privacy/

Disclosure and additional uses of your information

This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.

Disclosure of your information to service providers

We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business [and who process your information for us on our behalf].[75] These include the following:[76]

· Telephone provider(s), including SOHO 66 [insert name(s) of telephone provider(s) which your business uses]. Their privacy policy is available here: [insert link to privacy policy]

· Email provider(s), including GO DADDY [insert name(s) of email provider(s) which your business uses]. Their privacy policy is available here: [insert link to privacy policy]

· Web developer(s), includingSQUARE SPACE [insert name(s) of web developer(s) which your business uses]. Their privacy policy is available here: [https://www.squarespace.com/privacy/insert link to privacy policy]

· Hosting provider(s), including SQUARE SPACE [insert name(s) of hosting provider(s) which your business uses]. Their privacy policy is available here: [insert link to privacy policy]

· [insert any additional third party service providers MAIL CHIMP which provide you with services which are commonly provided to any business https://mailchimp.com/legal/privacy/

[Our third party service providers are located in [insert country in which your third party service providers are located e.g. England]] OR [Apart from [insert types of service providers], which are located in [insert locations of service providers e.g. the US], our service providers are located in [insert location of service providers e.g. England].[77]

Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.

[We do not display the identities of [all of] our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly [via our contact form] or [by email] and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such service providers, for example).][78]

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract (or take steps at your request to do so), we will share your information with such third parties in order to allow us to run and manage our business efficiently.

Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we may need to share information with our service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

Disclosure of your information to other third parties

We disclose your information to other third parties in specific circumstances, as set out below.

Providing information to third parties such as [Google Inc.] [Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. To find out more about what information Google collects, how it uses this information and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/][79]

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service (https://www.google.com/analytics/terms/us.html)

You can opt out of Google Analytics by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout

Transfer and storage of your information

Information collected by Google Analytics is stored outside the European Economic Area on Google’s servers in the United States of America.

For further information about the safeguards used when your information is transferred outside the European Economic Area, see the section of this privacy policy below entitled Transfers of your information outside the European Economic Area.]

Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our [accountants,] [advisors,] [affiliates,] [business partners,] [independent contractors,] [and] [insurers,] [and] [insert any additional specific categories of individuals or entities with whom or which you share an individual’s personal data for managing your business]. Further information on each of these third parties is set out below.[80]

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: running and managing our business efficiently.

[Accountants

We share information with our accountants for tax purposes. For example, we share invoices we issue and receive with our accountants for the purpose of completing tax returns and our end of year accounts.]

[Our accountants are HW FISHER [insert name of accountants]. Their privacy policy is available here: [insert link to privacy policy]] OR [Our accountants are located in SEE WEBSITE - https://www.hwfisher.co.uk/

Advisors

Please contact us we deal with many advisors. Occasionally, we obtain advice from advisors, such as [accountants,] [financial advisors,] [lawyers] [and] [public relations professionals] [and] [insert any additional advisors you may share an individual’s information with]. We will share your information with these third parties only where it is necessary to enable these third parties to be able to provide us with the relevant advice.]

[[Our advisors are [insert names of advisors]]. Their privacy policy is available here: [insert link to privacy policy] OR [Our advisors are located in [insert location of your advisors e.g. England].]]

[Affiliates

Please contact us as we deal with many Affiliates. Affiliates are individuals or entities we work with to promote our business by various means, including by advertising our services on their websites, for example. Our affiliates can be in [insert the types of business or individual your affiliates are by industry, sector and sub-sector]. Affiliates will share information with us and we will share information with them where you have expressed an interest in our products or services.]

[[Our affiliates are [[insert names of affiliates] OR [industry, sector and sub-sector your affiliates are based in]. Their privacy policy is available here: [insert link to privacy policy]] OR [[Our affiliates are located in [insert location of your advisors e.g. England].]]

[Business partners

Business partners are businesses we work with which provide goods and services which are complementary to our own or which allow us to provide goods or services which we could not provide on our own. We share information with our business partners where you have requested services which they provide whether independently from, or in connection with or own services.]

[Our business partners are RICS, UKGBC[[insert names of business partners] OR [industry, sector and sub-sector your business partners are based in]]. Their privacy policy is available here:RICS link and UKGBC privacy policy link [insert link to privacy policy]] OR [Our business partners are located in [insert location of your advisors e.g. England].]

[Independent contractors

Please contact us for more information as we deal with many contractors.[Occasionally,] we use independent contractors in our business. Your information will be shared with independent contractors only where it is necessary for them to perform the function we have hired them perform in relation to our business.]

[[Our independent contractors are [[insert names of independent contractors] OR [industry, sector and sub-sector your independent contractors are in]]. Their privacy policy is available here: [insert link to privacy policy]] OR [Our independent contractors are located in [insert location of your advisors e.g. England].]]

[Insurers

Please contact for information about our Insureres.We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them.]

[[Our insurers are [insert name of insurers]]. Their privacy policy is available here: [insert link to privacy policy] OR [Our insurers are located in [insert location of your advisors e.g. England].]]

[Insert type of third party recipient of information]

[insert description of circumstances in which you will share an individual’s information with that third party recipient]

[[Our [insert name of third party recipient(s) is/are [insert name(s) of third party/third parties]]. OR [Our [insert name of third party recipient] is located in [insert location of third party recipient e.g. England].]]

[Sharing your information within our business’ group of companies, including [insert details of other entities in your corporate group with whom you share personal information] for internal administrative purposes, including client, customer and employee information.[81]

[Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: running and managing our business effectively.

AND/OR

Legal basis for processing: necessary to perform a contract [or to take steps at your request prior to entering into a contract] (Article 6(1)(b) of the General Data Protection Regulation).
Reason why necessary to perform a contract: we need to share your information with other companies in order to be able to meet our contractual obligations to you [or to take steps at your request prior to entering a contract.], for example because of the services or information you have requested.

[We do not display the identities of [all of] the other third parties we may share information with by name for security and competitive reasons. If you would like further information about the identities of such third parties, however, please contact us directly [via our contact form] or [by email] and we will provide you with such information where you have a legitimate reason for requesting it (where we have shared your information with such third parties, for example).][82]

Sharing your information with a prospective or actual purchaser or seller in the context of a business or asset sale or acquisition by us, a merger or similar business combination event, whether actual or potential.

Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): sharing your information with a prospective purchaser, seller or similar person in order to allow such a transaction to take place.

Disclosure and use of your information for legal reasons

Indicating possible criminal acts or threats to public security to a competent authority

If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that we fraud or a cyber crime has been committed or if we receive threats or malicious communications towards us or third parties.

We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interests: preventing crime or suspected criminal activity (such as fraud).

In connection with the enforcement or potential enforcement our legal rights

We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

In connection with a legal or potential legal dispute or proceedings

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest(s): resolving disputes and potential disputes.

For ongoing compliance with laws, regulations and other legal requirements

We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one [or to the National Crime Agency in connection with suspected or potential money laundering matters][83].

Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
Legal obligation(s): legal obligations to disclose information which are part of the laws of [England and Wales][84] or if they have been integrated into the United Kingdom’s legal framework (for example in the form of an international agreement which the United Kingdom has signed).

Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom’s legal framework, we have a legitimate interest in complying with these obligations.

How long we retain your information

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention periods[85]

[Server log information: we retain information on our server logs for 10 years (The length of an EPC certificate)[insert period for which you retain information from server logs.]

[Order information: when you place an order for goods and services, we retain that information for six years following the end of the financial year in which you placed your order, in accordance with our legal obligation to keep records for tax purposes.][86]

Correspondence and enquiries: when you make an enquiry or correspond with us for any reason, whether [[by email] [or via our contact form] [or by phone]], we will retain your information for as long as it takes to respond to and resolve your enquiry, and for [[●] further month(s)],[87] after which point we will delete your information.

[E-Newsletter: we retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.]

[insert additional category of data stored]: [insert details of the specific retention period for additional category of data][88]

Criteria for determining retention periods

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

· [the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);

· whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);

· whether we have any legal basis to continue to process your information (such as your consent);

· how valuable your information is (both now and in the future);

· any relevant agreed industry practices on how long information should be retained;

· the levels of risk, cost and liability involved with us continuing to hold the information;

· how hard it is to ensure that the information can be kept up to date and accurate; and

· any relevant surrounding circumstances (such as the nature and status of our relationship with you).][89]

How we secure your information[90]

We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

· only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible;

· [using secure servers to store your information];[91]

· verifying the identity of any individual who requests access to information prior to granting them access to information;

· [using Secure Sockets Layer (SSL) software to encrypt [any information you submit to us via any forms on our website] [and] [any payment transactions you make on or via our website];][92]

· [only transferring your information via closed system or encrypted data transfers;] [and]

· [insert any additional methods you use to ensure the security of personal information e.g. other technological measures or pseudonymisation.]

Transmission of information to us by email

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.[93]

Transfers of your information outside the European Economic Area[94]

[All of your information is stored in the following European Economic Area (EEA) countries [country/countries]: [insert EEA countries in which you store individuals’ information].

Other than to comply with any legal obligations to which we are subject (compliance with a court order, for example), we do not intend to transfer your information outside the EEA or to an international organisation. In the unlikely event that we are required to transfer your information outside the EEA (or to an international organisation) for such a purpose, we will ensure appropriate safeguards and protections are in place.

[Your information will be transferred and stored outside the European Economic Area (EEA) in the circumstances set out below. We will also transfer your information outside the EEA or to an international organisation in order to comply with legal obligations to which we are subject (compliance with a court order, for example). Where we are required to do so, we will ensure appropriate safeguards and protections are in place.][95]

[Server log information

[Information collected when you visit our website is transferred outside of the EEA and stored on the servers of our [third party hosting company[, insert name of third party hosting company]. You can access their privacy policy here: [insert link to privacy policy].]

[Country of storage: [insert the country or countries where the relevant servers which collect information in relation to your website are located and where the information is stored]. This country [is/is not] subject to an adequacy decision by the European Commission.][96]

Safeguard(s) used: [our third party hosting provider has self-certified its compliance with the EU-U.S. Privacy Shield] OR [insert other safeguard which your third party hosting company uses to transfer information to a country which is outside the EEA (see Appendix 1 for the full list)] [which is available [here: [insert link to the safeguards used] OR [insert means of obtaining a copy of the safeguard]].[97]

[Google Analytics

[Information collected by Google Analytics (your IP address and actions you take in relation to our website) is transferred outside the EEA and stored on Google’s servers. You can access Google’s privacy policy here: https://www.google.com/policies/privacy/

[Country of storage: United States of America. This country is not subject to an adequacy decision by the European Commission.][98]

Safeguard(s) used: Google has self-certified its compliance with the EU-U.S. Privacy Shield which is available here: https://www.privacyshield.gov/welcome. The EU-U.S. Privacy Shield is an approved certification mechanism under Article 42 of the General Data Protection Regulation, which is permitted under Article 46(2)(f) of the General Data Protection Regulation. You can access the European Commission decision on the adequacy of the EU-U.S. Privacy Shield here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

[Insert additional data collection method or use e.g. information outside the EEA by payment processors][99]

[Information you submit to us by [insert method individual uses to submit information to you] is transferred outside the EEA] and stored on our [insert type of third party] servers. Our [insert type of third party provider e.g. email provider] is: [insert name of third party provider]. You can access their privacy policy here: [insert link to privacy policy].]

Safeguard(s) used: [our [insert third party provider for data collection and use] has self-certified its compliance with the EU-U.S. Privacy Shield] OR [insert safeguards used to transfer information to a country which is outside the EEA (see Appendix 1 for the full list)] [which is available [here: [insert link to the safeguards used] OR [insert means of obtaining a copy of the safeguard]].[101]

Your rights in relation to your information

Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by writing to Kemp House, 152 City Road, London, EC1V 2NA[or sending an email to info@coresustainability.com [insert email address]]:

· to request access to your information and information related to our use and processing of your information;

· to request the correction or deletion of your information;

· to request that we restrict our use of your information;

· to receive information which you have provided to us in a structured, commonly used and machine-readable format (e.g. a CSV file) and the right to have that information transferred to another data controller (including a third party data controller);

· to object to the processing of your information for certain purposes (for further information, see the section below entitled Your right to object to the processing of your information for certain purposes); and

· to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

· [the right not to be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you or similarly significantly affects you][102]

In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.

For the purposes of the UK, the supervisory authority is the Information Commissioner’s Office (ICO), the contact details of which are available here: https://ico.org.uk/global/contact-us/

Further information on your rights in relation to your personal data as an individual

The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:

· https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; and

· https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf

Verifying your identity where you request access to your information

Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.

These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.

How we verify your identity

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.

If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

Your right to object to the processing of your information for certain purposes

You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by writing to Kemp House, 152 City Road, London, EC1V 2NA [or sending an email to info@coresustainability.com [insert email address]]:

· to object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ (i.e. analysing or predicting your behaviour based on your information) based on any of these purposes; and

· to object to us using or processing your information for direct marketing purposes (including any profiling we engage in that is related to such direct marketing).

You may also exercise your right to object to us using or processing your information for direct marketing purposes by:

· clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;

· sending an email to info@coresustainability.com , asking that we stop sending you marketing communications or by including the words “OPT OUT”.

Sensitive Personal Information

‘Sensitive personal information’ is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.

[We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.

If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.]

Changes to our Privacy Policy

We update and amend our Privacy Policy from time to time.

Minor changes to our Privacy Policy

Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

Major changes to our Privacy Policy or the purposes for which we process your information

Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.

We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.

Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.

Children’s Privacy

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.

It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to info@coresustainability.com.

California Do Not Track Disclosures

“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org

[We respond to Do Not Track browser settings or signals by [insert details of how you recognise and respond to Do Not Track browser settings]] OR [[At this time, we do not respond to Do Not Track browser settings or signals. [In addition, we use other technology that is standard to the internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.] For information on how to opt out from tracking technologies used on our website, see our cookies policy which is available here: [insert link to cookies policy]][103]

Copyright, credit and logo

This Privacy Policy is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) compliant template provided by GDPR Privacy Policy. For further information, please visit https://gdprprivacypolicy.org

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.

[1] You must insert the effective date of your privacy policy so your website users know when your privacy policy takes effect. If you have not previously uploaded a privacy policy to your website, or if you are replacing your existing privacy policy with this privacy policy, the effective date will be the date when you first upload this privacy policy to your website.

[2] When you upload this privacy policy to your website, at a minimum, you should ensure that the titles in this “Contents” section link to the relevant headings in the main body of the privacy policy. For instance, the “Our details” title in this “Contents” section should link to the “Our details” heading in the main body of the privacy policy. An alternative and highly recommended way of ensuring your privacy policy meets the clear and accessible requirements of the General Data Protection Regulation is to use drop down boxes for each section of the privacy policy which expand and show the information in that section when clicked on. This allows a user to easily access the information they are interested in quickly and effectively.

[3] Include this section if your website contains any particular functionality that collects information from users only if they specifically interact with it e.g. newsletters, registration forms and live chat functionality. Suggested text for some of these common functionalities is included in the main section below.

[4] Delete this bullet point from the Contents section if your website is not an ecommerce website and there is no method of placing an order for goods or services (if you have a purely information based brochure style website, for example). If you take payments by other means (e.g. card payments over the phone for instance) you will need to amend this section accordingly to include the relevant information about how you take payments, the information you collect and the payment providers you use.

[5] Where you use ‘automated decision-making’ or ‘profiling’, you must disclose this in your privacy policy. For information on what constitutes automated decision-making and profiling, see the footnote to the main section of this privacy policy entitled ‘Our use of automated decision making and profiling’.

[6] This summary section is designed to meet the GDPR’s requirement for a privacy policy to be in a concise, transparent, intelligible and easily-accessible form and uses the ICO’s suggestion of adopting a layered approach in order to achieve this. The individual can then look at the corresponding section in the main body of the privacy policy if they require more information on any particular aspect of your privacy policy. If you use an individual’s personal data in a way they would not reasonably expect, you must ensure that you bring it to their attention in this summary section. The summary section can be contained in or separated from the rest of the privacy policy and inserted above it (with the rest of the full privacy policy below) to draw the summary section more clearly to the user’s attention.

[7] The data controller is the person responsible for deciding the purposes for which personal information is processed (i.e. used) and the means by which such processing is done. In the vast majority of cases, this will be the company (if your business is a company) or you, the sole trader (if you run your business as a sole trader) which owns and runs the website and is therefore the same person or entity set out at the beginning of the privacy policy. You will normally be aware of who the data controller is if another person or entity is responsible for this role. If you are unsure about who the data controller is, you should seek appropriate professional advice. If you are a data controller and you have not already registered with the Information Commissioner’s Office, you must do so.

[8] Include this wording if you use other information collecting technologies on or in relation to your website e.g. web beacons (small gif files) on your website or in your marketing emails. You will need to fully describe the use of such technologies in your cookies policy and in the section entitled ‘Our use of automated decision making and profiling’ and obtain explicit consent for the use of such technologies from your users before you use them.

[9] Include the word ‘occasionally’ if you only occasionally receive information from third parties (i.e. the nature of your business does not involve the regular receipt of information about individuals from third parties). If you regularly receive information from third parties you should delete the word occasionally, and include (wherever possible) the names of the specific third parties from whom you regularly receive information about individuals. If it is not possible to identify individual third parties by name, you should identify them by the nature of the source including the following information: (i) the type of organisation, industry and sector; and (ii) whether the information was held in or outside the EU. In either case, you should indicate whether the source was public or private.

[10] Here you should summarise the purposes for which you use information about individuals.

[11] Include this section if the servers on which you store personal information are secure. Amongst other obligations, you are required to put in place appropriate technical and organisational measures to minimise the risk of loss, corruption, damage and unauthorised access to personal information. If your servers are not secure, you will need to migrate your website hosting to secure servers in order to meet this legal requirement.

[12] Where you transfer personal information outside the European Economic Area (EEA), you must ensure appropriate safeguards are in place before you make such a transfer. For further information on such safeguards please see the full section entitled ‘Transfers of your information outside the European Economic Area’.

[13] Include this right if you use automated decision making which has legal or other significant effects on an individual. Use of typical online advertising (e.g. remarketing advertisements) will not, for most businesses, be considered to have a significant effect on an individual (e.g. if you target advertisements to individuals who visit your website) but it depends on the circumstances and nature of the advertisements and your business. There is no exhaustive list of factors to take into account in determining whether something will have a significant effect on an individual but the following are relevant: (i) how intrusively you have profiled individuals to target your advertisements (e.g. complex combinations of profiling criteria); (ii) what the individuals who are receiving the advertisements would expect or want; (iii) the method of delivery of the advert; and (iv) the particular vulnerabilities of the individuals in question. An example of where online advertising could have a significant effect would be if a gambling company targeted adverts at someone who was in financial difficulties.

[14] This privacy policy template envisages that you do not collect ‘sensitive personal information’ about individuals and is designed to deal with a situation where such information is accidentally or intentionally submitted by a website user to you. Sensitive personal information is information which reveals an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic information, biometric information, information about an individual’s health or sex life or sexual orientation. If your business does collect sensitive personal information the requirements for processing such information are very strict (for example you will usually require the individual’s explicit consent) and you should seek appropriate legal advice.

[15] This paragraph should only be included if the data controller is based outside the European Union. Where a data controller (the person or entity which decides the purposes for which personal data is processed and the means for doing so) is located outside the European Union and it processes (i.e. uses) the data of persons inside the European Union, it is required to appoint a “representative” in an EU member state. The representative must be a natural person (i.e. an individual) or legal person (i.e. a legal entity, such as a company) established in one of the EU member states in which the persons whose data are processed, are present. The purpose of the representative is to represent the data controller in respect of its obligations under the General Data Protection Regulation (Regulation (EU) 2016/769) (GDPR) and any other relevant data protection laws and regulations in force in the relevant territory.

[16] This paragraph should only be included if you have appointed a data protection officer. Certain organisations will need to appoint a data protection officer and, if so, provide the contact details of the data protection officer in this notice. You will be required to appoint a data protection officer if the data controller’s core activities consist of: (i) processing operations which require regular and systematic monitoring of data subjects on a large scale; (ii) processing sensitive personal information and personal information relating to criminal convictions and offences on a large scale; or (iii) if required by EU or national EU member state law.

[17] Include the word third party if you do not host your website on your own server (i.e. a server owned and managed by you). In the vast majority of cases, your website will be hosted on a third party server, either on a shared (i.e. used by other websites) or dedicated (i.e. used only to host your own website) basis. If you do not have the relevant information already, you should independently confirm for yourself who your third party website hosting provider is, that they will be compliant with the GDPR and in particular that they store information securely using appropriate technical and organisational measures to protect the information stored on their servers. You will also need to enter into a data processing agreement with your hosting company if they fall under the definition of a ‘data processor’ under the GDPR (i.e. someone who processes personal data on your behalf (with you as the data controller). Whether or not your website hosting company is a data processor will depend on your individual circumstances and relationship with them but hosting companies are very often considered data processors for data controllers. The details of the requirements for data processing agreements are complex and unfortunately beyond the scope of the guidance in this privacy policy, but such agreements must satisfy the requirements of Article 28 of the GDPR at a minimum. You should speak with your website hosting company to confirm what steps they are taking to prepare for GDPR and analyse the nature of your relationship with them to determine whether or not they are a data processor or data controller. If you determine that they are a data controller, you will need to determine whether you and they are joint data controllers in respect of the data you both process, in which case you will need to enter into a joint data controller agreement to determine your respective responsibilities. You can find out more about the difference between data processors and data controllers in the ICO’s guidance which is available here: https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf.

[18] Guidance issued by the Article 29 Working Party (17/EN WP260 (Guidelines on transparency under Regulation 2016/679)) indicates that in order to meeting the principle of fairness, the data controller should provide the ‘actual (named) recipients of personal data’ i.e. the name of the hosting provider and that if it chooses instead to provide categories of recipients, it must be able to ‘demonstrate why it is fair for it to take this approach’. Therefore, in order to be fully compliant with the Article 29 Working Party guidance, you should provide the name of your hosting provider. If you do not provide the name of your hosting provider, the guidance indicates that you should provide information about the following: (i) the type of recipient (i.e. by reference to the activities it carries out); (ii) the industry, sector and sub-sector of the recipient; and (iii) the recipient’s location.

[19] Include the second half of this sentence if your website’s server is based in a country which is outside the European Economic Area. You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area.

[20] Include this paragraph if you do not attempt to identify individuals from your website server logs or if you only attempt to identify them when investigating suspicious or potentially criminal activity, as appropriate.

[21] Include this section if you analyse your website server log information. If you do, you should make any amendments that are appropriate, such as amending the types of information you analyse and how you analyse and use it if they differ from the common types of information and uses already described in this section.

[22] Include this paragraph if you use a third party email provider (e.g. Gmail, Webmail etc.) to store your emails (most businesses do). Article 29 Working Party Guidance indicates that you should mention any third party recipients of personal information by name unless you can demonstrate that it is ‘fair’ not to do so. If you decide not to provide the name of your third party email provider, however, you should provide their location (i.e. country in which they are located). If do provide the name of your third party email provider, you should include a link to their privacy policy.

[23] You need to state where you store individuals’ personal information, in particular whether it is stored within or outside the European Economic Area. If you (or your third party email provider) store emails outside the European Economic Area, you will also need to complete and provide the relevant information in the section of this privacy policy below entitled ‘Transfers of your information outside the European Economic Area’ and indicate the safeguards you use to transfer personal information outside the EEA.

[24] Include this sentence if your email provider stores emails outside of the European Economic Area (you will need to confirm with your email provider where they store your emails if you do not already know this information).

[25] You should include any optional information that a user can submit via your contact form (i.e. optional (as opposed to mandatory) fields). Note that the principle of data minimisation requires that you do not collect more information than is required so only information that is strictly necessary to collect (such as name and email address) should be mandatory. Any information which is not strictly necessary for you to be able to respond to an enquiry, should be an optional field. You may want to include a phone number as an optional field if you prefer to respond to enquiries you receive by phone (or make phone number the mandatory field and email the optional field). Where you have any optional fields on the contact form, these should be clearly marked as optional and distinguished from mandatory fields e.g. by marking mandatory fields with a red asterisk and inserting the word optional in square brackets after optional fields e.g. Phone (optional).

[26] Include this sentence if it is possible to insert optional information in your contact form. You should also explain at the ‘point of collection’ (i.e. on or around the contact form itself) what the consequences of not providing a particular piece of information are (e.g. the consequences of not providing a phone number) next to the appropriate field on the contact form.

[27] When information is submitted via a contact form on a website, it is usually stored on the website or server or sent directly to an email address you have designated and therefore stored on your email provider’s servers. You will need to identify where information submitted via your contact form is stored and in particular whether it is stored inside or outside the European Economic Area.

[28] Include this paragraph if information submitted via your contact form is stored outside the European Economic Area (e.g. because your website’s server is located in a country outside the European Economic Area). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards you use to transfer personal information outside the EEA.

[29] If you use a third party contact form provider (e.g. you have integrated a third party contact form plugin) which stores information on its servers, you will need to complete this paragraph. If any contact form provider you use does not collect or store any information which is submitted via your contact form (i.e. information is transmitted directly to your own email or website servers) you do not need to complete this clause and can delete it in its entirety (though you must first confirm that they do not in fact collect any information about individuals).

[30] Include this paragraph if information submitted via your contact form is stored outside the European Economic Area (e.g. because your website’s server is located in a country outside the European Economic Area). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards you use to transfer personal information outside the EEA.

[31] This section is designed to deal with situations where you receive phone calls e.g. because you have made a phone number available on your website for customers to contact you. If you do not have a phone number available on your website, we would still recommend retaining this section as it is possible or even likely that you will collect information about individuals in the course of business (e.g. suppliers) or because individuals have otherwise obtained your phone number. This section also assumes that your telephone provider does not transfer personal information outside the EEA. If they do transfer the information they collect in relation to phone calls, however, you will need to ensure appropriate safeguards are in place. For further information, please see the section entitled ‘Transfers of your information outside the European Economic Area’.

[32] It is recommended that you make it clear about whether you record or do not record phone calls. This privacy policy assumes that you do not record phone calls (as most businesses do not do so) and recorded phone calls are beyond the scope of this privacy policy. If you do record calls, you will need to obtain appropriate advice on how to ensure that your recording of phone calls complies with the law, including the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699) (the ‘Lawful Business Regulations’) and the Regulation of Investigatory Powers Act 2000 (‘RIPA’), including making the appropriate disclosures at the beginning of your call and on your website (i.e. by inserting the wording ‘calls may be recorded’ next to your telephone number wherever it appears on your website) and explaining why you record calls in your privacy policy.

[33] Article 29 Working Party Guidance requires that you state the names of any third party recipients of personal information unless you can demonstrate that it is ‘fair’ not to do so. If, however, you choose not to provide the identity of your third party telephone provider, you should indicate where they are located e.g. the UK. If they transfer personal information outside the EEA, you will need to ensure that they have appropriate safeguards in place, mention that individuals’ information is stored by your telephone provider outside the EEA and complete the section entitled ‘Transfers of your information outside the European Economic Area’.

[34] If you include the name of your third party telephone provider, you need to include a link to their privacy policy.

[35] Include and complete this provision is you have an option for users to sign up to receive an (electronic) newsletter on your website.

[36] This section is designed to disclose information about any third party mailing list provider you use to administer your e-newsletter list. If you do not use a third party mailing list provider you can delete this section.

[37] Include this paragraph if the information about individuals on your mailing list (i.e. their names and email addresses etc.) are stored outside the European Economic Area (e.g. because your mailing list provider stores the information on servers outside the EEA or because you store the information outside the EEA). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards used to transfer personal information outside the EEA (e.g. because your third party provider has self-certified its compliance with the EU-U.S. Privacy Shield (if that is the safeguard it uses). You will need to confirm with your third party email provider what safeguards they use if you do not already know this information).

[38] This section is designed to cover off any web beacons or similar technologies you use in your marketing emails to measure information such as open rates and click through rates. Please note that you will need to gain explicit consent to use web beacons in your marketing emails. If you cannot get such consent, you must not use web beacons in you marketing emails. For further information, please see the footnotes to the section entitled ‘Web beacons’ in the cookies policy template.

[39] You should describe any additional information you measure in your marketing emails.

[40] You should include any information that is required in addition to mandatory information here. Note that the principle of data minimisation requires that you do not collect more information than is required so you should consider the optional and mandatory fields of your registration form and whether you really require this information. Usually a name and email address will usually be the minimum information required so you must be able to justify the collection of any additional information. If you do request any additional information that is not necessary, you should indicate that this information is optional and you must still be able to justify why you are collecting it.

[41] If a user must create an account in order for your to be able to perform a contract with them, the legal basis you can rely on for processing their information is the performance of a contract. Please note, however, that is must be necessary for them to create an account in order for the contract to be performed. If it is possible to perform a contract within the user needing to create an account, you will not be able to rely on this legal basis and will need to find another legal basis for processing the individuals’ information (likely to you legitimate interests).

[42] The legal basis on which you process information to register an account on your website will vary depending on the nature of your website and the purposes of registration. If a user needs to register an account on your website following a purchase they make, the basis on which you process their information will be to perform a contract with them. If a user can register on your website without the need to purchase anything (e.g. to gain access to information such as a report), the basis on which you will process their data will be your legitimate interests. You should amend the wording of these provisions, as necessary, to describe why it is necessary for an individual to register an account on your website.

[43] When a user registers on your website, their information will usually be stored by your website’s server (though you will need to confirm where the information is stored with your web developer) and therefore by your website hosting company. You will need to identify your hosting provider by name unless you can demonstrate that it is ‘fair’ not to do so. If you choose not to provide your hosting company’s name, you must provide the country where they are based. If you identify your hosting company you must provide a link to their privacy policy.

[44] Include this paragraph if information submitted by a user via a registration form is stored outside the European Economic Area (e.g. because your website’s server is located in a country outside the European Economic Area). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards you use to transfer personal information outside the EEA.

[45] You should ensure that you do not collect any more information than necessary at checkout. If you do collect any information at checkout which is not essential, you should ensure that it is clearly marked as optional. Mandatory information should be marked with a red asterisk or the word required should be included after it.

[46] Include this provision if you are VAT registered. If you are not VAT registered, you should delete it.

[47] As optional information is, by its definition, not strictly required to perform a contract, you will need another legal basis for processing it. You should therefore consider either consent or your legitimate interests. ‘How someone heard about you’ is not likely to be personal information per se but it could be used to identify someone in combination with other information (particularly other information you store about them on your website). We would suggest relying on your legitimate interests where possible and consent if you cannot find a convincing legitimate interest for collecting the information.

[48] If you are unable to justify the reason for collecting any additional information (which is personal information i.e. can be used to identify someone in combination with other information)) i.e. you cannot establish a legitimate interest for doing so, you will need to rely on consent. We would strongly recommend and advise not to collect any more personal information than you need to.

[49] This provision should only be included if you accept payment for goods and services on or via your website (i.e. you are an ecommerce website). If you accept payments for goods and services in different ways e.g. in person via card (e.g. you are a physical shop or tradesman) you should amend this clause to reflect that and include the payment processor you use (e.g. card processors).

[50] Include this paragraph if the third party payment processor you use transfers information outside the European Economic Area (e.g. because it stores the information it collects on servers located in a country outside the European Economic Area). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards they put in place to transfer personal information outside the EEA.

[51] This paragraph should be inserted if you use the ‘soft opt-in’, a very specific provision which allows you to market your own goods and services which are similar to those which the individual has purchased from you, provided that you have given them the chance to opt out at the time (i.e. with a tick box) and in each subsequent communication with them (i.e. with an unsubscribe link at the bottom of every email you send them). This is a very specific provision and if you use it, it is important to emphasise that you can only market goods and services which are: (i) your own (i.e. not third parties’); and (ii) similar to the goods or services which the individual purchased at the time. Because of the limitation on what you can market to individuals (i.e. not necessarily all of your goods and services), you may prefer to rely on opt-in consent (i.e. the section below entitled ‘Our goods and services’) which will allow you to market any of your goods and services to individuals.

Wording for the soft opt-in: If you do want to use the soft opt-in, the wording you will need to use will depend on whether you use a pre-ticked box or a non-ticked opt out box (or another appropriate method, although these are the most common). In the case of the former, the wording used should be: ‘I would like to receive information about your similar products and services by email’. In the latter case, the wording should be: ‘Tick here if you do not want to receive information about our similar products and services by email’ or ‘I do not want to receive information about your similar products and services by email’. The words ‘by email’ should be included if the only way you intend to send marketing communications to individuals is by email. If you intend to individuals marketing communications by other methods, you will need to provide for these individual methods by creating the appropriate tick boxes e.g. by email, by post, by text, by phone etc at the time of checkout.

[52] This section is designed to disclose information about any third party mailing list provider you use to administer your email marketing list.

[53] You need to state where your third party mailing list provider stores your subscribers’ information, and, in particular, whether it is stored inside or outside the European Economic Area (EEA).

[54] Include this paragraph if the information about individuals on your mailing list (i.e. their names and email addresses etc.) are stored outside the European Economic Area (e.g. because your mailing list provider stores the information on servers outside the EEA or because you store the information outside the EEA). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards used to transfer personal information outside the EEA (e.g. because your third party provider has self-certified its compliance with the EU-U.S. Privacy Shield (if that is the safeguard it uses). You will need to confirm with your third party email provider what safeguards they use if you do not already know this information).

[55] This section is designed to cover off any web beacons or similar technologies you use in your marketing emails to measure information such as open rates and click through rates. Please note that you will need to gain explicit consent to use web beacons in your marketing emails. If you cannot get such consent, you must not use web beacons in you marketing emails. For further information, please see the footnotes to the section entitled ‘Web beacons’ in the cookies policy template.

[56] You should describe any additional information you measure in your marketing emails.

[57] Include this paragraph if you use web beacons or similar technologies to measure engagement rates with your emails.

[58] You should include a link to your third party mailing list provider’s privacy policy to allow the user to understand how they use web beacons and similar technologies.

[59] This section, which is the alternative (and recommended) method of sending marketing communications, relies on obtaining explicit (i.e. opt-in) consent from an individual to send them information about any of your products and services. This requires third party

[60] If you want to market to individuals by means other than email, you will need to include multiple tick box options for them to select the methods by which they would like to receive marketing communications (text, post etc.).

[61] This section is designed to disclose information about any third party mailing list provider you use to administer your email marketing list.

[62] You need to state where your third party mailing list provider stores your subscribers’ information, and, in particular, whether it is stored inside or outside the European Economic Area (EEA).

[63] Include this paragraph if the information about individuals on your mailing list (i.e. their names and email addresses etc.) are stored outside the European Economic Area (e.g. because your mailing list provider stores the information on servers outside the EEA or because you store the information outside the EEA). You will also need to complete the relevant sections in the section of this privacy policy entitled ‘Transfers of your information outside the European Economic Area’ below and indicate the safeguards used to transfer personal information outside the EEA (e.g. because your third party provider has self-certified its compliance with the EU-U.S. Privacy Shield (if that is the safeguard it uses). You will need to confirm with your third party email provider what safeguards they use if you do not already know this information).

[64] This section is designed to cover off any web beacons or similar technologies you use in your marketing emails to measure information such as open rates and click through rates. Please note that you will need to gain explicit consent to use web beacons in your marketing emails. If you cannot get such consent, you must not use web beacons in you marketing emails. For further information, please see the footnotes to the section entitled ‘Web beacons’ in the cookies policy template.

[65] You should describe any additional information you measure in your marketing emails.

[66] Include this paragraph if you use web beacons or similar technologies to measure engagement rates with your emails.

[67] You should include a link to your third party mailing list provider’s privacy policy to allow the user to understand how they use web beacons and similar technologies.

[68] You should edit and amend this list as appropriate to reflect any public sources which you may obtain information about individuals from.

[69] Include this clause if you purchase lists from third parties. Note that it is possible not to include this clause in your privacy policy providing that you meet the obligation (which you are required to meet in any event) to provide individuals with a copy of your privacy policy where you have obtained their details from third parties. You should also be aware of the very high risks associated with purchasing data lists and the effective need under GDPR to be named as a third party in order for an individual to be able to have consented to their information being purchased by you.

[70] This paragraph should only be included if you use automated decision-making or profiling. Please note: this is a complex area of law, and if you are engaged in any automated decision making or profiling on your website, we strongly recommend that you obtain independent advice, as this is an area which carries a particularly high risk of fines.

If you do not use any automated decision-making or profiling, you can delete this section. The information below sets explains what these terms mean and how they are likely to apply to your website. Please note that this section envisages that you do not process any ‘sensitive personal information’.

‘Automated decision-making’ is where a decision is made by a machine in relation to an individual without any meaningful human involvement and where that decision significantly affects that individual (e.g. a decision whether to grant an individual credit).

‘Profiling’ is ‘any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.’

In terms of your website, the most likely activities that most websites will carry out that will be affected by the automated decision-making or profiling requirements are web analytics, server log information analysis tools and online advertising. Merely collecting information about who accesses your website is not profiling in itself, but the automated analysis and use of that information to categorise individuals in web analytics will constitute profiling if the processing of personal information is involved (this includes the processing of IP addresses and cookies which can be used to identify individuals (particularly if they are combined with other information)).

The most common and relevant forms of automated decision-making and profiling used by websites are targeted web advertising (e.g. remarketing advertisements, via AdSense, via Facebook Ads or any other advertisements targeting specific individuals or groups of individuals). Simply collecting information about the use of your website by an individual will not constitute profiling (e.g. via server logs) but the automated analysis and categorisation of such information by analytics providers such as Google Analytics will. If you use analytics or online advertising which is designed to target certain individuals, you must explain what information you use, how you use it and any consequences e.g. that information will be collected about them and they will receive targeted advertisements based on their actions or certain characteristics about them. If you are sure that your business does not use either automated decision-making or profiling, you can delete these provisions.

[71] Include this clause if the automated decision making you use does not legally or otherwise similarly significantly affect individuals.

[72] Include this sentence if your analytics provider anonymises the data after it collects it and combines it with information from other website users to generate overall statistics that cannot be tied back to a particular user.

[73] It is difficult to allow an individual to easily opt out of web beacon tracking in marketing emails in practice, but there is a legal requirement that you allow them to do so. One solution may therefore be to manually delete someone’s details from your mailing list which contains web beacons and move them to your list which does not use web beacons (however cumbersome and time consuming this may unfortunately be). In this case, their method for objecting should be to contact you and inform you that they object to your use of web beacons. In reality, we consider it is unlikely that someone will want to receive marketing communications but also be concerned about web beacons but you will still need to gain separate consent to the use of web beacons and similar technologies in your emails and record this (e.g. on your website’s database).

[74] Use this template clause to describe any profiling you use which is not already covered by this privacy policy template e.g. automated analysis of web server logs.

[75] Many of the entities in the following list can be classified as ‘data processors’ (though this will not necessarily be the case and will depend on your individual circumstances). You will need to conduct you own analysis to confirm whether such third party processors (and any other processors you use) are ‘data processors’ for the purposes of the GDPR and enter into data processing agreements with them if so. For further information, see the ICO’s guidance which is available here: https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf

[76] Guidance issued by the Article 29 Working Party indicates that they expect you to provide the ‘names’ of the recipients of personal information unless you can show why it is ‘fair’ for you to only provide the categories of recipients. In order to be fully compliant, you should therefore provide the names of any third party service providers you use and provide links to their privacy policies. The actual GDPR legislation provides that ‘categories of recipient’ are sufficient. It is currently unclear to what extent the ICO would enforce a failure to provide named recipients of personal information or whether it would take any action at all. It is worth noting, however, that the ICO’s privacy policy that they do regularly provide named recipients as a matter of course in their privacy policy which you can access here: https://ico.org.uk/global/privacy-notice/). In any event, if you choose not to provide the identities of the third parties to whom personal data will be transferred you must document the reasoning behind your decision not to do so (i.e. keep a written record of that decision).

[77] If you decide only to provide the categories or recipient, you must provide their location.

[78] Insert this provision if you have decided not to disclose the identities of you third party service providers on your website and have used categories of recipient instead.

[79] This paragraph explains how information is shared with Google Analytics as an example. If you use a different web analytics provider, you should provide a similar description of how information is shared with that third party provider and what it is used for. You will generally always need to disclose the identity of your analytics provider as they tend to collect information about website visitors by default.

[80] You need to include the details of any organisations with whom you share individuals’ personal information. As far as possible, these should be indicated using their specific names. If that is not possible, they should be identified by specific categories of business (by industry, sector and sub-sector) and you should provide their locations (i.e. what country they are located in). A suggested list of third parties with whom a business might share third parties is set out below. You should include links to their privacy policies wherever they are publicly available. If you do not name the third parties with whom you share information you will need to be able to justify why it is fair not to do so and document your decision.

[81] This provision covers a situation where your business is comprised of multiple companies within a corporate group. You should specify the details of other entities in the corporate group with whom you will share personal data. If your business is a single company or other legal entity, or are a sole trader, this provision should be deleted.

[82] Insert this provision if you have decided not to disclose the identities of you third party service providers on your website and have used categories of recipient instead.

[83] Include this sentence if your business is subject to anti-money laundering regulations such as the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

[84] Amend this to the appropriate jurisdiction (e.g. the laws of Scotland) if your business is not incorporated (if you are a corporate entity) or registered (if you are an individual) in England or Wales.

[85] As far as possible, you should state fixed time periods for your retention of information.

[86] If you keep information for longer than the legal record keeping period you must be able to justify why you do so and provide your explanation here.

[87] One of the most common sources of personal information is enquiries from customers or potential customers. There is no fixed time period specified by law for retaining the personal information you receive in connection with those enquiries. We would recommend setting a specific period which you can justify as reasonable. Ideally, any personal information should be deleted as soon as an enquiry has been resolved, but this may not be practical to implement for many businesses. We would anticipate that a period of one to three months would not be unreasonable for the vast majority of businesses, although a longer period may be acceptable provided that it can be justified. It is important to remember, however, that holding onto personal information generally increases the risk of liability so we would recommend that you delete such information as soon as you no longer require it, in particular to reduce the risk of you having to respond in detail to a subject access request, which can be very onerous.

[88] If you store data collected for specific circumstances for any specific period of time or on any specific basis, you should insert the relevant information here.

[89] These are general factors which the Information Commissioner’s Office recommends that you consider when determining the retention period for personal information. You should delete any factors that do not apply to your determination of how long you retain information and add any additional factors that you take into account (if any).

[90] This section includes some mandatory security measures you are required to take as well as some suggested further actions methods of securing personal information which you may or may not use in practice. You should add to this list any additional methods which you use to secure personal information which are not covered in this list.

[91] You need to ensure that personal information collected via your website is stored on secure servers.

[92] Include this provision if you accept payment for goods and services online from your website.

[93] Although transmission of information over the internet is inherently insecure, you need to ensure that personal information collected via your website is stored on secure servers.

[94] Where personal information is transferred outside of the EEA you must inform users of the country where it will be stored and the safeguards used. This section is designed to cover off this requirement. It is possible that personal information you collect may be stored in different places depending on the methods you have collected it and the purposes for which you are processing it e.g. if you use a third party email list provider to administer your email marketing list, you will need to check where they store the information. For example, MailChimp, a popular mailing list provider, stores information on their servers in the US and the safeguard they use to do so is the EU-U.S. Privacy Shield. The annex to this privacy contains the wording to use for the relevant safeguards that you use. Information collected via the contact form on your website however, assuming the information is stored on your website (and not emailed to you), will be generally be stored on your website’s server, so the location of your server will be the relevant location (although you must confirm that this is in fact where the information collected on your website is stored). Regular emails that you receive to the email address on your website, however, could be stored somewhere else (e.g. your email provider’s servers). You will therefore need to do a review and analysis of where information collected by your website is stored and the safeguards you use for overseas data transfers before you can complete this section.

If you do no transfer personal information outside of the EEA in any circumstances (e.g. all personal information you collect is located in the UK (for as long as it remains a member of the EEA) or is only transferred to other EEA countries, you can simply include the statement at the beginning of this section (i.e. We do not transfer your information outside of the EEA) and delete the rest of the information in this section. However, you must be sure that you do not transfer any personal information outside of the EEA before you do so.

[95] If you do not transfer any information outside the EEA, then you should complete the first paragraph and delete the rest of this section.

[96] You must state whether the country to which information has been transferred is subject to an adequacy decision by the European Commission or not. If it is, you will be able to rely on that adequacy decision to transfer and store information in that country. If is it not, you will need to find another appropriate safeguard to use. The list of countries subject to an adequacy decision by the European Commission is available here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. Please note that the US is not subject to an adequacy decision. Rather, certain US companies have self-certified their compliance with the EU-U.S. Privacy Shield, which is an appropriate safeguard. Only if the US company has self-certified its compliance with the EU-U.S. Privacy Shield can you transfer personal information to that company in the US.

[97] Where you have made available any of the safeguards referred to in the bullet points, you must provide a means to obtain a copy of them i.e. a link to them or an email address that an individual can write to in order to request them.

[98] You must state whether the country to which information has been transferred is subject to an adequacy decision by the European Commission or not. If it is, you will be able to rely on that adequacy decision to transfer and store information in that country. If is it not, you will need to find another appropriate safeguard to use. The list of countries subject to an adequacy decision by the European Commission is available here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. Please note that the US is not subject to an adequacy decision. Rather, certain US companies have self-certified their compliance with the EU-U.S. Privacy Shield, which is an appropriate safeguard. Only if the US company has self-certified its compliance with the EU-U.S. Privacy Shield can you transfer personal information to that company in the US.

[99] If there are any other ways in which personal information is transferred outside the EEA, you should use and duplicate this template section to cover off those additional methods until you have described all of the circumstances in which you transfer personal information outside of the EEA.

[100] You must state whether the country to which information has been transferred is subject to an adequacy decision by the European Commission or not. If it is, you will be able to rely on that adequacy decision to transfer and store information in that country. If is it not, you will need to find another appropriate safeguard to use. The list of countries subject to an adequacy decision by the European Commission is available here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. Please note that the US is not subject to an adequacy decision. Rather, certain US companies have self-certified their compliance with the EU-U.S. Privacy Shield, which is an appropriate safeguard. Only if the US company has self-certified its compliance with the EU-U.S. Privacy Shield can you transfer personal information to that company in the US.

[101] Where you have made available any of the safeguards referred to in the bullet points, you must provide a means to obtain a copy of them.

[102] You will need to include this right if you engage in automated decision making which has a legal effect on individuals or which similarly significantly affects individuals. This will generally not be the case in relation to regular online advertising methods and web analytics. However, you should see the section and footnotes relating to the section entitled ‘Our use of automated decision making and profiling’ below.

[103] The legal status of a do not track request has not yet been confirmed (i.e. whether it should be considered an objection to processing or objection to profiling under the GDPR). As such, it is unclear whether there is any legal obligation to respond to such requests and whether any enforcement action will be taken against websites which do not recognise the request. We would recommend, however, that you err on the side of caution and assume that the GDPR will be recognised as a valid method of objecting to tracking technologies on your site and implement an appropriate solution to respond to this (e.g. Cookie Control by Civic: https://www.civicuk.com/cookie-control)This disclosure is required to satisfy The California Online Privacy Protection Act (CalOPPA) and there is no requirement to make such a disclosure under GDPR. Therefore, you may wish to delete this paragraph altogether although you would run the risk of being found to be in breach of CalOPPA, particularly if users from California access your website.