References to “you” or “your” are to you as an individual using our website or otherwise contacting us (either on behalf of yourself, your business or another individual or organisation).
1 IMPORTANT INFORMATION
This version was last updated on 23rd May 2018.
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.
Our website is not intended for children and we do not knowingly collect data relating to children.
2 WHO WE ARE
OAD produces specialist software applications that enable the user to analyse the underwater environment on a Global basis to improve situational awareness. We also provide training services on our software. We provide our products and services to business customers.
We are bound by applicable data protection laws in respect of the handling and collection of your personal data. OAD is registered as a data controller in England and Wales, with the Information Commissioner’s Office (ICO) under the ICO number ZA387488.
3 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) or data relating to a corporate entity.
We may collect, use, store and transfer different kinds of personal data about you, or your business, which we have grouped together as follows:
- Identity Data includes first name, last name and title.
- Contact Data includes business address, billing address, email address, telephone number(s) and fax number(s).
- Financial Data includes bank account details.
- Transaction Data includes details about payments to and from you.
- Technical Data includes internet protocol (IP) address, 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 purchase history, feedback.
- Usage Data includes information about how you use our website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We may collect Special Categories of Personal Data about you (this may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, criminal convictions and offences, information about your health and genetic and biometric data) in the following circumstances:
- if you voluntarily provide this information to us through your communications with us (for example, during a recorded telephone call); and
- health and medical history data if necessary to provide medical insurance and health and safety reviews before overseas trips;
4 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 our products or services). In this case, we may have to cancel the service you have with us but we will notify you if this is the case at the time.
5 HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
5.1 Direct interactions. You may give us your Identity, Contact, Financial and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
· purchase our products or services;
· contact us using the details provided on our website;
· contact us by telephone (where the call may be recorded);
· request marketing to be sent to you; or
· give us some feedback.
5.2 Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
5.3 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytics providers such as Google based outside the EU;
- Identity and Contact Data from publicly availably sources such as Companies House or websites of relevant competitors or prospective customers.
6 HOW WE USE YOUR PERSONAL DATA
6.1 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:
- Legitimate Interest means 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.
- Performance of Contract means 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
- Consent means agreement which must be freely given, specific, informed and be an unambiguous indication of your wishes by which you, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to you. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to processing any special categories of personal data and sending 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.
We have set out in the table below, 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.
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.
In a business-to-business context, we may make contact with you to provide or seek information in connection with our products and/or services. The legal basis we rely on for making contact with you and processing your personal data is our shared legitimate interests in doing business together. When we make contact with you can exercise your right to object to such contact from us (please see section 11.1.4).
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:
- You can unsubscribe from marketing communications via email;
- You are able to report a change to your preferences to us and we will update our records accordingly.
6.3.1 Promotional Offers from Us
In some limited circumstances, we may contact you about similar products and/or services where you have purchased products or services from us and you have not opted-out of receiving this information. You can withdraw your consent at any time.
6.3.2 Opting Out / Unsubscribing
You can ask us to stop sending you marketing messages at any time by contacting us 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 / service purchase or other transaction.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer’s browser or hard drive if you provide your consent.
6.5 Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7 DISCLOSURES OF YOUR PERSONAL DATA
For the purposes set out in section 6, we may have to share your personal data with the following parties:
7.1 External Third Parties such as:
- Service providers acting as processors based in the UK who provide IT and system administration services as well as other cloud-based service providers based in the UK and/or US.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK (or other relevant jurisdictions) 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 UK (or other relevant jurisdictions) who require reporting of processing activities in certain circumstances.
- Other third party companies where we have an agreement in place or where sharing the information is in our shared legitimate interest.
7.3 We expect all third parties to respect the security of your personal data and to treat it in accordance with the law.
8.1 We may operate CCTV and other surveillance systems in (and around) our premises which capture images of you. We may be able to identify you from the CCTV data. We will only use this data to prevent, detect, deter and report on crime, to protect buildings and assets from crime, to protect the health and safety of customers, staff and other visitors and/or to assist with criminal investigations and support law enforcement bodies.
8.2 We use CCTV systems in this way for our legitimate interests (to prevent and detect crime), to comply with legal or regulatory obligations (to law enforcement bodies) and/or to protect the vital interests of you or another individual.
8.3 Data from CCTV cameras will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information. Exactly how long images will be retained for will vary according to the purpose for which they are being recorded. For example, where images are being recorded for crime prevention purposes, data will be kept long enough only for incidents to come to light. In all other cases, recorded images will be kept for no longer than 60 days.
9 INTERNATIONAL TRANSFERS
Many of our external third parties are based outside the European Union (EU) so their processing of your personal data will involve a transfer of data outside the EU.
Whenever we transfer your personal data out of the EU, 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 EU.
10 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.
11 DATA RETENTION
How long will you use my personal data for?
11.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
11.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
11.3 We will generally retain our customers’ data for a period of ten (10) years after you cease to be a customer, to ensure that we are able to assist you should you have any questions or feedback in relation to our products / services or to protect, or defend our legal rights.
11.4 Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with our services), subject to section 11.3, we will retain your data for ten (10) years unless specific circumstance requires us to retain this data for longer.
11.5 In some circumstances you can ask us to delete your data: see section 12.1.3 below for further information.
11.6 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12 YOUR LEGAL RIGHTS
12.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:
12.1.1 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.
12.1.2 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.
12.1.3 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.
12.1.4 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.
12.1.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
12.1.6 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.
12.1.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us directly.
12.2 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 may refuse to comply with your request in these circumstances.
12.3 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.
12.4 Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
13 CONTACT DETAILS AND COMPLAINTS
Our full details are:
Full name of legal entity: Ocean Acoustic Developments Limited
Company Number: 02701991
Data Privacy Manager: Sarah Osborne
Email address: email@example.com (mark ‘FAO Data Privacy Manager’)
Postal address: Ocean Acoustic Developments Limited, Pendower, Leverlake Road, Widemouth Bay, Bude, Cornwall, EX23 0AF
Telephone number: +44 (0) 1288 361652
VAT number: GB 557 5191 19
You have the right to make a complaint at any time to the 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.