Data Protection Policy - General Privacy Policy
Contents
Section 1 - introduction
Welcome to cxpartners Limited's privacy policy.
cxpartners Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and to tell you about how we use your data when you contact us in other ways. In this policy we provide your privacy rights and how the law protects you.
Key definitions are provided in Section 5 Glossary to understand the meaning of some of the terms used in this privacy policy.
1.1 Important information and who we are
This privacy policy aims to give you information on how cxpartners Limited collects and processes your personal data through your use of this website and includes any data you may provide through to cxpartners when you engage in a project with us.
Our website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
cxpartners Limited is the controller and responsible for your personal data (collectively referred to as "cxpartners", "we", "us" or "our" in this privacy policy).
We have appointed a data protection coordinator who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise, please contact the data protection coordinator using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our GDPR Coordinator in the following ways:
Full name of legal entity: cxpartners Limited
Email address: tamlyn.driver@cxpartners.co.uk
Postal address: 2 College Square, Bristol, BS1 5UE
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
1.2 The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
- Contact data includes billing address, delivery address, email address and telephone numbers.
- Financial data includes bank account and payment card details.
- Transaction data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage data includes information about how you use our website, products and services.
- Marketing and communcations data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
It is not normally practise for us to collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. Unless a specific project requires us to.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
1.3 How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service;
- request marketing to be sent to you;
- enter a survey; or
- give us feedback or contact us
1.4 How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Click here Section 4.1 Lawful basis to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To register you as a new customer |
|
Performance of a contract with you |
To process and deliver your order including:
|
|
|
To manage our relationship with you which will include:
|
|
|
| To enable you to complete a survey |
|
|
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
|
|
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
|
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
|
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you |
|
Necessary for our legitimate interests (to develop our products/services and grow our business) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by emailing our GDPR Coordinator tamlyn.driver@cxpartners.co.uk.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Section 2 - Disclosures of your Personal Data
We may share your personal data with the parties set out below for the purposes set out in the table above.
- External Third Parties as set out in the Section 5 Glossary.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
2.1 International transfers
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Section 3 - Data Security and Retention
3.1 Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
3.2 Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Section 4 Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Section 4 - Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- The right to be informed: you must provide individuals with your purpose for processing their personal data, your retention periods for that personal data, and who it will be shared with.
- The right of access: Individuals have the right to access their personal data. This is known as a Subject Access Request. A request can be made verbally or in writing. When a request is made cxpartners has 1 month (30 days) to respond.
- The right to rectification: this is the right for individuals to have inaccurate personal data rectified, or completed if it is incomplete. An individual can make a request for rectification verbally or in writing. When a request is made cxpartners has 1 month (30 days) to respond.
- The right to erasure: The right to erasure is also known as ‘the right to be forgotten’. An individual can make a request for rectification verbally or in writing. When a request is made cxpartners has 1 month (30 days) to respond.
- The right to restrict processing: Individuals have the right to request the restriction or suppression of their personal data. When processing is restricted, you are permitted to store the personal data, but not use it. An individual can make a request for rectification verbally or in writing. When a request is made cxpartners has 1 month (30 days) to respond.
- The right to data portability: The right to data portability gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format. It also gives them the right to request that a controller transmits this data directly to another controller.
- The right to object: The GDPR gives individuals the right to object to the processing of their personal data in certain circumstances. Individuals have an absolute right to stop their data being used for direct marketing. In other cases where the right to object applies you may be able to continue processing if you can show that you have a compelling reason for doing so.
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Rights in relation to automated decision making and profiling
- automated individual decision-making (making a decision solely by automated means without any human involvement); and
- profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process.
4.1 Lawful basis
The lawful bases for processing are set out in 6 of the GDPR. At least one of these must apply whenever we process personal data:
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Consent:
the individual has given clear consent for you to process their personal data for a specific purpose.
- eg. If you want to send out a monthly newsletter via email to customers, you will need their consent in order to do so.
- eg. If you want to take photographs at an event or during a project you may need to ask for consent from those you are photographing.
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Contract:
the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
- eg. For employees of cxpartners there is a range of personal and sensitive data cxpartners requires in order to enter a contract with an employee such as bank details, first and last name, phone number.
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Legal obligation:
the processing is necessary for you to comply with the law (not including contractual obligations).
- eg. cxpartners needs to process personal data to comply with legal obligations to disclose employee salary details to HMRC
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Vital interests:
the processing is necessary to protect someone’s life.
- eg. cxpartners may need to know about life threatening allergies both in the office and on trips away from the office to understand how to protect an individual should they experience an allergic reaction.
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Public task:
the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
- This is most relevant for organisations performing activities in the interest of the public - for example a water company or local authority may require certain personal data details in order to carry out public administration duties.
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Legitimate interests:
the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
(This cannot apply if you are a public authority processing data to perform your official tasks.)
- eg. In order to carry out user research testing cxpartners will require the email address of client contacts and certain contact information for individuals who are involved in user research. Without these details cxpartners could not carry out normal activities.
If you wish to exercise any of the rights set out above, please contact us by emailing our GDPR Coordinator tamlyn.driver@cxpartners.co.uk.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Section 5 - Glossary
- Data controller
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A controller determines the purposes and means of processing personal data. In the majority of cases cxpartners is the data controller. Controllers are not relieved of compliance obligations where a processor is involved.
In the majority of circumstances cxpartners is the data controller. Therefore the organisation, and the people that work within it, take full responsibility for compliance with the GDPR legislation.
- Data processor
- A processor is responsible for processing personal or sensitive data on behalf of a controller. An example of a data processor would be a third party involved in user research, such as People for Research. Processors have specific legal obligations; for example, they are required to maintain records of personal data and processing activities. There is legal liability if processors are responsible for a breach.
- Data protection coordinator
- The data protection coordinator is responsible for overseeing cxpartners data protection strategy and implementation to ensure compliance with GDPR requirements. Data protection is everyone’s responsibility. So know what you need to do, but be assured that there’s someone you can go to if you’re not sure of something.
- Data subject
- A person whose personal data is processed by a controller or processor - eg. a person who shares their personal data with cxpartners so they can participate in user testing. cxpartners employees are also data subjects.
- General Data Protection Regulation (GDPR)
- This is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU).
- Information Commissioner's Office (ICO)
- The ICO is a non-departmental public body which reports directly to Parliament and is sponsored by the Department for Digital, Culture, Media and Sport (DCMS). The ICO is the government regulator which deals with the freedom of information and the protection of personal and sensitive data.
- Lawful basis
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The lawful bases for processing are set out in Article 6 of the GDPR. At least one of these must apply whenever you process personal data:
- Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
- Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
- Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
- Personal data
- Any information relating to an identifiable person who can be directly or indirectly identified by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including: Name; Address; Email Address; Identification number; Location data; Opinions about an individual including appraisals.
- Personal Data Breach
- A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data.
- Sensitive personal data
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Also known as “special categories of personal data”.
The special categories specifically include:
- genetic data, and biometric data where processed to uniquely identify an individual. This includes information about an individual’s disability
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- data concerning health
- data concerning a person’s sex life or sexual orientation
- Subject access request
- As an individual you have the right to access personal and sensitive data that a company holds about you. This is known as ‘subject access’. A subject access request is a request to an organisation to obtain a copy of your personal and sensitive data. Therefore all data subjects that cxpartners collect personal and sensitive data on have the right to request access to their data.
- Legitimate interest
- The interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us by emailing our GDPR Co-Ordinator tamlyn.driver@cxpartners.co.uk.
- Performance of Contract
- Processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal obligation
- Processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
- Third Parties
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External Third Parties
- Service providers acting as processors based in UK who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Your legal rights
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You have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
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Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.