Privacy policy
Introduction
The protection of your Personal Data is important to Patently® (“Patently”, “we”, “us”, “our”) and, as the Controller, we are responsible for the collection and processing of your Personal Data that we use in the context of the activities listed in this Privacy Policy (the “Policy”).
The purpose of this Policy is to explain how we process your Personal Data and how you can control and manage that.
In this Policy, capitalised terms shall have the meanings ascribed to them in the Definitions section below.
Scope
This Policy applies to you if you communicate with us (whether through our Website or otherwise), use our Services or visit our Website.
Definitions
In this Policy, the following terms shall have the following meanings:
"Applicable Law" means any relevant legislation applicable to the Processing of Personal Data by us, including the UK GDPR, supplementary national legislation, as well as practices, guidelines and recommendations issued by the Commissioner or other relevant regulatory authority;
“Commissioner” means the Information Commissioner's Office (the UK regulator for data protection issues), the website for which can be found at www.ico.org.uk;
“Controller” is the company or other organisation that decides, alone or jointly with others, for what purposes and in what way Personal Data is to be Processed;
“Data Subject” is the living, natural person whose Personal Data is being Processed;
“Personal Data” is all information relating, directly or indirectly, to an identifiable natural person;
“Process” and “Processing” means any operation or set of operations which is performed on Personal Data, such as collection, storage, modification, review, analysis and transfer;
“Processor” is the company/organisation that processes Personal Data on behalf of the Controller in accordance with the instructions of the Controller and the Applicable Law;
“Services” means the services hosted and provided by Patently®;
“UK GDPR” means the General Data Protection Regulation ((EU) 2016/679) as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or a part of the United Kingdom from time to time); and
“Website” means our website which is at www.patently.com.
Our role as a Controller
This Policy covers the Processing of your Personal Data in relation to the Services for which Patently is the Controller. When acting as a Controller for your Personal Data we are responsible to ensure that we Process it in accordance with Applicable Law.
Legal bases
In order for us to be able to Process your Personal Data, Applicable Law requires that we have one or more legal bases for each Process. In our business, we Process your Personal Data mainly on the following grounds:
Consent - Patently may Process your Personal Data after you have given your consent to the Processing in question. You may withdraw your consent at any time by notifying us in accordance with the procedure below.
Performance of a contract - The Processing is necessary for the performance of a contract entered between us and you, or to prepare for entering into an agreement with the Data Subject. This ground would apply when you choose to use our Services.
Legal Obligations - The Processing is necessary for compliance with a legal obligation to which we are subject. For example, we may need to disclose your Personal Data to third parties in order to fulfil obligations under Applicable Law or legally binding court orders or judgments.
Legitimate Interests - The Processing is necessary for our legitimate interests or those of a third party provided that such Processing does not conflict with your fundamental rights and freedoms. This ground might apply if we were to contact you to seek further information from you or to send you materials and other information about which we think you may be interested which relates to the Services we have provided to you. It may also apply when we Process your Personal Data to improve our Services if we decide to transfer our business and assets to a third party or where we anonymise and /or aggregate your Personal data for the purposes of our business.
Personal Data which we Process
The main purpose of the Processing of your Personal Data undertaken by us is to provide, carry out and improve our Services to you.
We mainly Process the following types of Personal Data for the following purposes:
Your personal and contact details to be able to confirm your identity, to verify such details and to be able to communicate with you.
Information on your use of the Services to analyse and improve the Services.
Your IP address to perform customer analysis and to enable content on our Website to be presented effectively to you and the device you use.
To analyse patterns of your use of the Services to be able to provide you with specific information including offers relating to the Services which we provide to you.
How we collect your Personal Data
We collect your Personal Data in a number of different ways. We mainly collect your Personal Data:
When you provide your Personal Data to us through the Website, by telephone, post, e-mail or otherwise.
When you soft-opt-in to receive direct marketing to you via e-mail.
Your Rights
Under Applicable Law, you have various rights which allow you to exercise control over your Personal Data and how we Process it. These rights are briefly described below.
Right to access – You have the right to request (i) access to the Personal Information we are Processing about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct – You have the right to have your Personal Data rectified if it is inaccurate or incomplete.
Right to erase – You have the right to request that we delete or remove your Personal Data from our systems.
Right to restrict our use of your Data - You have the right to ask us to restrict our Processing of your Personal Data:
Where you contest the accuracy of the Personal Data during the period in which we are assessing its accuracy;
If, instead of requesting erasure, you want us to limit the Processing of Personal Data for a specific purpose. For example, if you do not want us to send marketing information to you in the future, we still need to retain your name and contact details in order to ensure that we should not contact you; or
In cases where we no longer need your Personal Data in relation to the purpose for which it was collected but note that we have the right to retain it for the establishment. Exercise or defence of a legal claim.
Where you have objected to our Processing on the grounds that the legitimate interests basis does not apply while we reassess that basis.
Right to data portability – You have the right to request that we move, copy or transfer your Personal Data to another Controller where we are Processing it on the basis of your consent or because we are performing our obligations to you under a contract.
Right to object - You have the right to object to the Processing of your Personal Data by us where the Processing is based on our legitimate interests or those of a third party. In such case, we will review our legitimate interest assessment. Of course, we add your objection to the balance and make a new assessment to see if we can still justify our Processing of your Personal Data on that or another basis. If you object to direct marketing, we will immediately delete your Personal Data without making an assessment.
Right to withdraw consent – If you have given the consent to the Processing of your Personal Data, you have the right to withdraw your consent at any time and thus ask us to terminate the Processing of your Personal Data. Please note that if you withdraw such consent, it may mean we are unable to provide you with some or all of the Services which we provide to you.
To make enquiries, exercise any of your rights set out above, please contact us via this e-mail address: ask@patently.com
If you are not satisfied with the way a complaint you made in relation to how your Personal Data is handled by us, you may be able to refer your complaint to the Commissioner.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during the period for which we hold it.
Sharing your Personal Data with third parties
Patently does not sell your Personal Data to third parties. However, we may need to share your Personal Data with selected third parties such as third-party payment providers who process payments made over the Website in relation to accessing and using the Service. This is done in accordance with this Privacy Policy.
Keeping Data Secure
Patently has taken appropriate technical and organisational measures to safeguard your Personal Data, for example as set out in our Backup and Restore Policy.
Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: ask@patently.com
Data Retention
Unless a longer retention period is required by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this Privacy Policy or until you request that your Personal Data be deleted.
Even if we delete your Personal Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Transfers outside the United Kingdom and European Economic Area
Data which we collect from you may be stored and processed in and transferred to countries outside of the UK and European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the UK or EEA or one of our service providers is situated in a country outside the UK or EEA. We also share information with our group companies, some of which are located outside the UK or EEA.
We will only transfer Data outside the UK or EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, e.g. by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to Other Websites
This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This Privacy Policy does not extend to your use of such websites. You are advised to read the Privacy Policy or statement of other websites prior to using them.
Changes of Business Ownership and Control
Patently may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Patently. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Personal Data for the purposes for which it was originally supplied to us.
We mainly also disclose Personal Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
A cookie is used to store a unique identifier that is associated with your IP address and technical information about your device. Patently uses cookies to identify you as a unique user of Patently and to improve your experience of using the Website and to improve our range of products and services. Patently has carefully chosen these cookies and has taken steps to ensure that your privacy is protected and respected at all times.
All cookies used by this Website are used in accordance with current UK and EU cookie legislation.
By using this website, you are giving your consent to the placing of cookies, you are enabling Patently to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This Website may place the following Cookies:
Strictly necessary cookies: these are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical / performance cookies: these cookies allow us to recognise and count the number of visitors and to see how visitors move around our Website when using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies: these are used to recognise you when you return to our Website. This enables us to personalise our content for you and remember your preferences. By using the Website, you agree to our placement of functionality cookie.
Targeting cookies: These cookies record your visit to our Website, including the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests.
You can choose to enable or disable cookies in your internet browser. By default, most internet browsers accept cookies, but this can be changed. For further details, please see the help menu in your internet browser. You can switch off cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.
Changes to this Policy
Patently reserves the right to change this Policy as we may deem necessary from time to time or as may be required by Applicable Law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations. You may contact Patently by email at ask@patently.com