1.1 Hedgd Limited (“we”, “us” or “Hedgd”) take the privacy of your information very seriously. Our Privacy Notice is designed to tell you, the user of our software and services (the “Services”) about our practices regarding the collection, use and disclosure of personal information which may be provided via our websites, our software, and their associated portals and apps (the “Service”) or collected through other means such as in person by us, by an online form, email, or telephone communication.
1.2 This notice applies to personal information provided by our customers and their authorised users and affiliated individuals. In this notice “you” refers to any individual whose personal data we hold or process (i.e: to you as an individual user, customer, or potential customer, or to you as an individual affiliated with one of our users, customers, or potential customers).
1.3 In general, our software is not intended for processing personal data, but we will hold certain data in relation to individual users and customers and individuals affiliated with our users or customers, and this notice sets out the basis on which we hold that data.
1.4 This notice is governed by the EU General Data Protection Regulation (the “GDPR”) from 25 May 2018 and until 25 May 2018 is governed by the Data Protection Act 1998.
2. Basis on which we process personal data
2.1 Personal data we hold about you will be processed either because:
2.1.1 the processing is necessary in order for us to comply with our obligations under a contract between you and us, specifically for the provision our Service; or
2.1.2 the processing is necessary in pursuit of a “legitimate interest”, a legitimate interest in this context means a valid interest we have or a third party has in processing your personal data which is not overridden by your interests in data privacy and security.
3. Personal data we collect
3.1 We may collect and process the following personal data (information that can be uniquely identified with you) about you:
3.1.1 log-in details and information provided when registering with our Service (“Log In Information”);
3.1.2 for individual customers and individuals affiliated with of our customers, contact information such as names, email addresses, phone numbers, addresses, and job titles and/or specific roles within our user, customer or potential customer’s organisation (“Contact Information”);
3.1.3 a record of any correspondence or communication between you and us and any information we may require from you when you report a problem or submit a complaint (“Communication Information”);
3.1.4 technical information about how you have used or interacted with our Services (“Technical Information”).
3.2 We will also store certain data which you create using the Service (for instance the content of messages which you send via the Service) and it is possible that this data will include personal data. This is referred to as (“Hosted Data”) in this notice. Please note that we are not the data controller for Hosted Data, our customer or subscriber is the data controller for Hosted Data, and we will hold and manage Hosted Data on behalf of our customer in accordance with the Hosted Data terms in our contract with the customer.
3.3 The Service (including the messaging service provided) is not intended to be used to process personal data, and we advise that sharing of personal data via the Service is kept to a minimum.
3.4 We will collect information either from you directly or from a third party (for instance your employer or an introducer). If we do obtain your personal data from a third party your privacy rights under this notice are not affected and you are still able to exercise the rights contained within this notice.
3.5 You do not have to supply any personal information to us but our Service may not be available in practice without providing data to us. You may withdraw our authority to process your personal data (or request that we restrict our processing) at any time (but our Service may not be available or may need to be withdrawn should you do so).
4. How we process your personal data
4.1 Please see the table below, which sets out the manner in which we will process the different types of personal data we hold:
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|When you, your employer, or you as an individual affiliated with a user or customer of our Service engage us to provide the Service||Contact Information Log In Information||Performance of a contract with you Necessary for our legitimate interests (to establish necessary information about you in order to provide our Service)|
|When we communicate with you as an employee of our customer, or you as an individual affiliated with our user or customer, about your use of our Services||Contact Information Log In Information Communication Information||Performance of a contract with you Necessary for our legitimate interests (for running our business and to provide you with our Service)|
|When you use the Service and communicate with other users of our Service||Communication Information Hosted Data||Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (for running our business and to provide you with our Service)|
|To manage our relationship with you||Contact Information Log In Information Communication Information Technical Information||Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests|
|To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data||Contact Information Log In Information Technical Information||Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation) Necessary to comply with a legal obligation|
For each type of data listed above, definitions are included under clauses 3.1 and 3.2.
5. Data Retention
5.1 Our current data retention policy is to delete or destroy (to the extent we are able to) the personal data we hold about you in accordance with the following:
|Category of personal data||Length of retention|
|Records relevant for tax and customs authorities||8 years from the end of the year to which the records relate|
|Personal data processed in relation to a contract between you and us||7 years from either the end of the contract or the date you last used our Service, being the length of time following a breach of contract in which you are entitled to make a legal claim|
|Personal data held on marketing or business development records||3 years from the last date on which a data subject has interacted with us|
|Hosted data including all communications between customers / users of our Service||5 years from the date on which the communication took place, please note that this period may be extended to 7 years in the case of certain records. This period is based on the requirements set out under MiFiD II, but other regulations may apply, and MiFiD II may not apply to you. Our customer is the controller of Hosted Data, and you will have the ability to set the retention period.|
5.2 For any category of personal data not specifically defined in this notice, and unless otherwise specified by applicable law, the required retention period for any personal data will be deemed to be 7 years from the date of receipt by us of that data.
5.3 The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).
5.4 We review the personal data (and the categories of personal data) we are holding on a regular basis to ensure the data we are holding is still relevant to our business and is accurate. If we discover that certain data we are holding is no longer necessary or accurate, we will take reasonable steps to correct or delete this data as may be required.
5.5 If you wish to request that data we hold about you is amended or deleted, please refer to clause 8 below, which explains your privacy rights.
6. Sharing your information
6.1 We do not disclose any information you provide to any third parties other than as follows:
6.1.1 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);
6.1.2 in order to enforce any terms and conditions or agreements for our Services that may apply;
6.1.3 to protect our rights, property and safety, or the rights, property and safety of our users or any other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
6.2 Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so. If we do supply your personal information to a third party we will take steps to ensure that your privacy rights are protected and that third party complies with the terms of this notice.
7.1 We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and protect against unlawful access and accidental loss or damage. These measures may include (as necessary):
7.1.1 protecting our servers with software firewalls;
7.1.2 locating our data processing storage facilities in secure locations;
7.1.3 encrypting all data stored on our server with an industry standard encryption method that encrypts the data between your computer and our server so that in the event of your network being insecure no data is passed in a format that could easily be deciphered;
7.1.4 when necessary, disposing of or deleting your data so it is done so securely;
7.1.5 regularly backing up and encrypting all data we hold.
7.2 We will ensure that our employees are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees of third parties working on our behalf are aware of their privacy and data security obligations.
7.3 This notice and our procedures for handling personal data will be reviewed as necessary.
7.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use the strict procedures and security features referred to in this clause to try to prevent unauthorised access.
8.1 The GDPR gives you the following rights in respect of personal data we hold about you:
|The right to be informed||You have a right to know about our personal data protection and data processing activities, details of which are contained in this notice.|
|The right of access||You can make what is known as a Subject Access Request (“SAR”) to request information about the personal data we hold about you (free of charge, save for reasonable expenses for repeat requests). If you wish to make a SAR please contact us as described below.|
|The right to correction||Please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information.|
|The right to erasure (the ‘right to be forgotten’)||Please notify us if you no longer wish us to hold personal data about you (although in practice it is not possible to provide our Service without holding your personal data and we may need to keep your data in some circumstances). Unless we have reasonable grounds to refuse the erasure, on receipt of such a request we will securely delete the personal data in question within one month. The data may continue to exist in certain backup, but we will take steps to ensure that it will not be accessible. We will communicate the erasure to any third parties to whom we have passed the same information.|
|The right to restrict processing||You can request that we no longer process your personal data in certain ways, whilst not requiring us to delete the same data. However again, some of our Services will not be available if processing is restricted.|
|The right to data portability||You have right to receive copies of personal data we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your personal data directly to third party (where technically possible).|
|The right to object||Unless we have overriding legitimate grounds for such processing, you may object to us using your personal data for direct marketing purposes (including profiling) or for research or statistical purposes. Please notify your objection to us and we will gladly cease such processing.|
|Rights with respect to automated decision-making and profiling||You have a right not to be subject to automated decision-making (including profiling) when those decisions have a legal (or similarly significant effect) on you. You are not entitled to this right when the automated processing is necessary for us to perform our obligations under a contract with you, it is permitted by law, or if you have given your explicit consent.|
|Right to withdraw consent||If we are relying on your consent as the basis on which we are processing your personal data, you have the right to withdraw your consent at any time. Even if you have not expressly given your consent to our processing, you also have the right to object (see above).|
8.2 All SARs and other requests or notifications in respect of your above rights must be sent to us in writing to firstname.lastname@example.org.
8.3 We will endeavour to comply with such requests as soon as possible but in any event we will comply within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).
9. Data Breaches
9.1 If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to the Information Commissioner’s Office (ICO) and/or our data protection manager.
9.2 If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.
10. Other websites
10.1 Our Service may contain links and references to other websites. Please be aware that this notice does not apply to those websites.
10.2 We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via the Site, our Portal, or any other service that is operated by us. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
10.3 In addition, if you came to this Service via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
11. Transferring your information outside Europe
11.1 As part of the Service offered to you the information you provide to us may be transferred to, processed and stored at, countries or international organisations outside of the EEA.
11.2 If we transfer your information outside of the EEA, and the third country or international organisation in question has not been deemed by the EU Commission to have adequate data protection laws, we will provide appropriate safeguards and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice. In particular we will ensure that there is an contract in place with our partners to ensure that your data is processed in accordance with this notice.
11.3 If you use our Services while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those Services.
11.4 By submitting your personal information to us you agree to the transfer, storing or processing of your information outside the EEA in the manner described above.
12. Notification of changes to the contents of this notice
We will post details of any changes to our policy on our website to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.
13. Contact us
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal information or how it is handled, you can do so via the following email address: email@example.com.
If we are unable to resolve any issues you may have or you would like to make a further complaint, you can contact the Information Commissioner’s Office by visiting http://www.ico.org.uk/ for further assistance.