1. IMPORTANT INFORMATION AND WHO WE ARE
We are ZPD Consulting Ltd, a company incorporated and registered in England and Wales under company number 08598084 and with its registered office at St. Alban Tower, Wood Street, London, EC2V 7AF. We are the controller of your personal data and are responsible to you for its protection. We have paid the data protection fee to the Information Commissioner’s Office (ICO).
Our full contact details are:
Full name of legal entity: ZPD Consulting Limited trading as Middle Circle®
Contact: Executive Director
Email address: firstname.lastname@example.org
Postal address: St. Alban Tower, Wood Street, London, EC2V 7AF.
Telephone number: +44 (0)203 021 2116.
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.
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 and we will update our records accordingly.
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow those third parties to collect or share data about you. Save for links to www.middlecircle.com, which is a website that is also owned and operated by us, we do not control these third-party websites and are not responsible for their privacy statements. When you leave our website via one of these links, we encourage you to read the privacy notice(s) of the website(s) that you visit.
2. THE PERSONAL DATA THAT 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 follows:
- Identity Data. This is your full name and title.
- Contact Data. This is your postal address, billing address (if different from your postal address) email address and telephone numbers and may also include your job title and professional interests.
- Profile Data. This is your username and password and on-line user profile settings and preferences for access to the secure area of the website.]
- Marketing and Communications Data. This is your preferences in receiving marketing from us and third parties and your communication preferences.
We do not collect any Special Categories of Personal Data (i.e. 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.
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, or provide incomplete or inaccurate data, we may not be able to perform the contract we have, or are trying to enter into, with you. In this case, we may have to cancel the applicable arrangement, but we will notify you if this is the case at the time.
3. HOW WE COLLECT YOUR PERSONAL DATA
We use different methods to collect data from and about you as set out in this section:
- Direct interactions. You may give us your Identity and Contact Data by filling in and submitting forms online, or by otherwise corresponding with us. This includes personal data provided when you:
- use our services (either in person, via the website or over email/ the telephone);
- enquire about our services (either in person, via the website or over email/the telephone); or
- give us some feedback.
- Third party sources. We may receive personal data about you from various third parties as set out below:
- Technical and Usage Data from analytics providers (we use Google Analytics – please see sections 5 and 6 below for more information); and
- Contact, Identity and Marketing and Communications Data from social media and professional networking websites and applications.
4. HOW WE USE YOUR PERSONAL DATA
We can only use your personal data when the law allows us to – the “lawful bases”. The lawful bases are as follows:
- The data subject has consented to such use.
- The use is necessary for the performance of a contract with the data subject.
- The use is necessary for compliance with a legal obligation that we owe.
- The use is necessary to protect the vital interests of the data subject or another person.
- The use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority.
- The use is necessary for the purposes of legitimate interests of us or a third party (except where such interests are overridden by your fundamental rights and interests.
For more information on what some of these lawful bases mean, please see the Glossary in section 10. Most commonly, we will use your personal data under the lawful bases identified in 2 and 6 above.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us using the details given above or by using the functionality contained in the emails that we may send.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of the all the way 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 on ground has been set out in the table below.
|Purpose/Activity||Data Required||Lawful Basis|
|To register you as a customer||(a) Identity
|Performance of a contract|
|To store your contact information on our customer database.||(a) Identity
|Legitimate interests (to enable us to have an accurate record of our customers)|
|To process and perform our contract with you. This includes managing payments, fees and charges; and collecting money owed||(a) Identity
(c) Marketing and Communications
|(a) Performance of a contract
(b) Legitimate interests (to recover debts due to us)
(d) Marketing and Communications
|(a) Performance of a contract
(b) Compliance with a legal obligation
(c) Legitimate interests (to keep our records updated, to ensure quality control of our products and to study how customers use our products/services)
|To administer and protect our business and this website. This includes website troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data||(a) Identity
|(a) 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 or group restructuring exercise)
(b) Compliance with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.||(a) Identity
(f) Marketing and Communications
|Legitimate interests (to study how our customers use our products and 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||(a) Technical
|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||(a) Identity
|Legitimate interests (to develop our products and services and grow our business)|
MARKETING AND PROMOTIONS
You may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think yo may want or need, or what may be interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, 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 company outside of ZPD Consulting Ltd for marketing purposes.
You can ask us or third parties to stop sending your marketing messages at any time by contacting us. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of our products or services or any other transaction or interaction with us.
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 using the details given above.
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, incompliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4 above. If any of these organisations are based, or have group or affiliated companies that are based, outside of the European Economic Area, then section 6 below sets out the basis on which your personal data is transferred to them.
- Our professional advisers acting as processors or joint controllers (as necessary) including lawyers, bankers, auditors and insurers based in the United Kingdom who provide professional services to us.
- HM Revenue & Customs, regulators and other public authorities acting as processors or joint controllers (as necessary) based in the United Kingdom who require reporting of processing activities in certain circumstances.
- We use a system managed by Jyst Creative Limited to create our customer database. Jyst Creative are a company incorporated and registered in England and Wales.
- Google, Inc, which is a company incorporated and registered in the USA. We use analytics services provided by Google in the management of the website.
- Where your relevant profile settings allow it, we may link up with your social media or professional networking accounts. This includes your LinkedIn profile.
- We use a company called MailChimp to operate our marketing communications system. MailChimp is a trading name of The Rocket Science Group LLC d/b/a, which is a company incorporated and registered in the USA.
We recommend that for the named third parties set out above, you visit their respective websites and read their privacy policies, which will set out in more detail these organisations’ own approach to the protection of your personal data and privacy.
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. All disclosures are subject to the requirements of data protection law and confidentiality and non-disclosure obligations, whether arising under contract, law or professional conduct rules.
6. INTERNATIONAL TRANSFERS
Some of the third parties identified in section 5 above are based outside the European Economic Area (EEA), or have group or affiliated companies based outside of the EEA, so their processing of your personal data may 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 afforded to it by ensuring that 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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- 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 the EEA. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the EU-US Privacy Shield framework, which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield. MailChimp is part of the EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate technical and security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including firewalls and the use of encryption software. Electronic access to your personal data is password protected. All access, whether to electronic or hard copies, is limited only to those employees, agents, contractors and other third parties who have a business need to know. In the case of third parties, they will only process your personal data on our instructions and they are subject to a duty of confidentiality.
All our employees are trained in data protection and information security.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of the breach promptly where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes for which we originally collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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. Please note that even when carrying out this exercise, we may keep certain of your data indefinitely.
By law we have to keep basic information about our customers (including Contact, Identity and Engagement Data) for 6 years after they cease being active customers.
After the relevant retention period has expired we will securely delete or destroy your personal data and ensure that any third parties to whom we may have disclosed your personal data does so too.
In some circumstances you can ask us to delete your data before the relevant retention period has expired – the Right to Erasure. Please see section 9 below for more information. You can always opt-out or withdraw your consent to marketing at any time, which will remove you from our marketing lists but not from our customer database as a whole.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are to:
- Request access to your personal data;
- Request correction of your personal data;
- Request erasure of your personal data;
- Object to processing of your personal data;
- Request restriction of processing of your personal data;
- Request transfer of your personal data;
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us using the contact details given above.
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.
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 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.
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 out legitimate interests against any potential impact on you in respect of specific activities by contacting us using the details given above.
Performance of a 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 legal or regulatory obligations to which we are subject.
Your Legal Rights
You have the right to:
- Request access to your personal data (commonly known as a “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 that may be incomplete or inaccurate. Please note that 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.
- 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.
- 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.