COMMCISE SOFTWARE LIMITED

PRIVACY POLICY

INTRODUCTION

Welcome to Commcise Software Limited’s (“Commcise”) privacy policy.

Our services are mainly provided on a contractual basis to corporate subscribers, therefore as an individual user, you will be entitled to use the services on the basis we have agreed with the relevant corporate subscriber.

Commcise is a global company, offering a global service to its users and customers. This policy is drafted with reference to both the Data Protection Act 1998 and the EU General Data Protection Regulation (from 25th May 2018) (together the “Data Protection Legislation”). Commcise believes that compliance with the data protection principles outlined in the Data Protection Legislation creates a strong framework to ensure that individuals’ personal data is secured, protected and used appropriately.

This policy addresses how Commcise uses, transfers and stores the personal data we collect about individuals (“Users”) when they access our website or any instance of our online applications (the “Portal”), use any of Commcise’s mobile and tablet applications (the “Apps”) or use any of our services or products (collectively, the “Commcise Products”), or otherwise have their personal data submitted to us in accordance with this policy.

By using any of the Commcise Products and/or you or a corporate subscriber you work for agreeing to our terms and conditions, Users are accepting the practices and guidelines set out in this document (the “Policy”), so please take a few minutes to read it over carefully.

When we refer to Commcise, “we” or “us” in this Policy, we are referring to Commcise and its affiliates together with, as applicable, the Commcise Products.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

CONTENTS

1.   IMPORTANT INFORMATION AND WHO WE ARE
2.   THE DATA WE COLLECT ABOUT YOU
3.   HOW IS YOUR PERSONAL DATA COLLECTED
4.   HOW WE USE YOUR PERSONAL DATA
5.   DISCLOSURES OF YOUR PERSONAL DATA
6.   INTERNATIONAL TRANSFERS
7.   DATA SECURITY
8.   DATA RETENTION
9.   YOUR LEGAL RIGHTS
10. GLOSSARY

This Privacy Policy was last updated on 25th May 2018

1. IMPORTANT INFORMATION AND WHO WE ARE

1.1 Purpose of this privacy policy

This privacy policy aims to give you information on how Commcise collects and processes your personal data through your use of the Commcise Products, including any data you may provide through the Portal when you register for an account.

It is important that you read this privacy policy together with any other privacy notice(s) or fair processing notice(s) 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 the other notices and is not intended to override them.

1.2 Controller

For the purposes of the Data Protection Legislation, where we are the party that determines the purposes for which, and the manner in which, any personal data is processed, the data controller of any such personal data is Commcise Software Limited of 11 Francis Street, London, SW1P 1DE. However, we may also collect or be provided with certain personal data pursuant to our agreements with our customers and partners who remain the data controller of that personal data – in this case, we act as a data processor of the relevant customer or partner. Where we act as a data processor of any personal data, we will process such personal data in accordance with this Privacy Policy, our Terms and Conditions and the relevant data controller’s instructions.

We have appointed a data privacy manager 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 your legal rights, please contact the data privacy manager using the details set out below.

1.3 Contact details

Full name of legal entity: Commcise Software Limited (a company registered in England and Wales with company number 09520445 whose registered office address is 6 Dominus Way, Meridian Business Park, Leicester LE19 1RP, U.K.).

Name and title of our data privacy manager: Darran Carlisle, CTO
Email address: gdpr+dpm@commcise.com
Postal address: Francis House, 11 Francis Street, London SW1P 1DE, U. K.
Telephone number: +44 203 369 3699 or +1 646 693 3369

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. For your reference, our registration number with the ICO is: ZA138243 and our registration details can be found here

1.4 Changes to the privacy policy and your duty to inform us of changes

This version was last updated on the date stated at the beginning of this privacy policy. We reserve the right to amend this privacy policy from time to time as required to ensure its accuracy. We will not materially reduce your rights under this privacy policy without your consent in accordance with applicable law.

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.

2. THE DATA WE COLLECT ABOUT YOU

2.1 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). For the full definition of personal data, please see paragraph 10.3.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

2.1.1 Identity Data includes your name.
2.1.2 Contact Data includes your mobile phone number, telephone number and your email address.
2.1.3 Corporate Subscriber Data includes the name of the corporate subscriber authorising your access to our Portal and your job title
2.1.4 Technical Data includes your 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, pages viewed on any Commcise Products and date and time of those viewings, and other technology on the devices you use to access any Commcise Products.
2.1.5 Profile Data includes your username and password.
2.1.6 Usage Data includes information about how you use the Portal.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data, but is not considered personal data in law, as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of Users accessing a specific Portal feature.

We may also anonymise data (Anonymised Data) that we collect, use and share for the purposes of providing support to you, a corporate subscriber and other Users of Commcise Products. Like Aggregated Data, this data does not directly or indirectly reveal your identity.

However, if we combine or connect Aggregated Data or Anonymised 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 notice.

We do not 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.

2.2 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 the corporate subscriber authorising your access to our Portal and you fail to provide that data when requested, we may not be able to allow you access to Commcise Products. In this case, we will let you know if access to Commcise Products is denied.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

3.1 We use different methods to collect data from and about you including through:

3.1.1 Direct interactions. You, or a third party authorised by your employer will or will arrange to provide your Identity, Contact, Employment and Profile Data when registering an account with us or requesting access to Commcise Products. You may also provide us with this information when corresponding with us by telephone, phone, email, social media or otherwise.

3.1.2 Automated technologies or interactions. As you interact with any Commcise Products, we may automatically collect Technical Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons/pixels and other similar technologies.

3.1.3 Third parties. We may receive personal data about you from various third parties, e.g. your employer or a corporate subscriber, as set out below:

3.1.3.1 Identity, Contact and Corporate Subscriber Data from the corporate subscriber authorising your access to any Commcise Products to whom we are providing services.

3.1.3.2 Identity, Contact and Corporate Subscriber Data from or on behalf of your employer who has authorised your access to any Commcise Products or provided us with your personal data as a result of your employer providing services to a corporate subscriber.

3.1.3.3 Identity, Contact, Corporate Subscriber, Technical, Profile and/or Usage Data from the provision of support service provided (as detailed in paragraph 10.6).

3.1.3.4 Identity, Contact and Corporate Subscriber Data from a third party who has been expressly permissioned by you, your employer or a corporate subscriber

4. HOW WE USE YOUR PERSONAL DATA

4.1 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:

4.1.1 Where we need to allow you to access any Commcise Product and to provide support services.

4.1.2 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. For example, our legitimate interests may include the administration and management of our business and the provision of our services to the corporate subscriber authorising your access to any Commcise Product.

4.1.3 Where we need to comply with a legal or regulatory obligation.

Please see paragraph 10.2 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 (other than as expressly permitted under this Policy) as a legal basis for processing your personal data but if we do ask for your consent, you have the right to withdraw consent at any time by contacting us.

4.2 Purposes for which we will use your personal data

We use your personal data in the following ways:

4.2.1 personal data that you provide to us is used to:

4.2.1.1 provide you with access to the information and services that the corporate subscriber authorising your access to our Portal requests from us

4.2.1.2 provide services to your employer or the corporate subscriber authorising your access to our Portal

4.2.1.3 provide support services to you

4.2.1.4 manage and administer our business

4.2.1.5 review and improve our services

4.2.1.6 To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.To notify you about changes to the Commcise Products.

4.2.1.7 To provide you with an SMS service that provides you a security token that allows you to access the Portal.

4.2.2 personal data that we receive from third parties may be combined with the personal data that you provide to us and used for the purposes described above.

4.2.3 personal data about your use of any Commcise Product is used to:

4.2.3.1 administer the Commcise Product and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes

4.2.3.2 provision of support services to you

4.2.3.3 improve the Portal to ensure that content is presented in the most effective manner for you and for your computer or mobile device

4.2.3.4 improve other websites we operate

4.2.3.5 refine the provision of the services offered on the Portal and to assist in the development of new services

4.2.3.6 allow you to participate in interactive features of the Portal, when you choose to do so

4.2.3.7 as part of our efforts to keep the Portal safe and secure

4.2.3.8 provide services to your employer or a corporate subscriber

4.2.3.9 provide services to a third-party that has been expressly authorised to access Commcise Products by you, your employer or a corporate subscriber

4.3 Cookies

The Portal uses cookies to distinguish you from other Users of the Portal. This helps us to provide you with a good experience when you use the Portal and also allows us to improve the Portal. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

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 the Portal may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy

4.4 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.

5. DISCLOSURES OF YOUR PERSONAL DATA

5.1 We may have to share your personal data with the parties set out below for the purposes set out in paragraph 4 above.

5.1.1 Internal Third Parties as set out in the Glossary – please see paragraph 10.6.1.

5.1.2 External Third Parties as set out in the Glossary – please see paragraph 10.6.2.

5.1.3 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.

6. INTERNATIONAL TRANSFERS

6.1 We share your personal data with other Group companies, and this will involve transferring your data outside the European Economic Area (EEA).

6.2 Some of our external third parties are based outside the EEA or their processing operations are based outside of the EEA (for example their servers), so their processing of your personal data will involve a transfer of data outside the EEA (please see paragraph 10.6 – for further information).

6.3 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:

6.3.1 Subject to paragraphs 6.3.2 – 6.3.5 (inclusive) below, 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 (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en).

6.3.2 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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en).

6.3.3 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. For further details, see European Commission: EU-US Privacy Shield (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en).

6.3.4 We will only transfer your personal data to countries in respect of which there is no adequacy decision referred to in paragraph 6.3.1 or in respect of transfers to the US, where the provider is not a part of the Privacy Shield under paragraph 6.3.3, if we, or our processor, has provided appropriate safeguards in relation to the transfer, and enforceable data subject rights and effective legal remedies are available.

6.3.5 Where there is no adequacy decision referred to in paragraph 6.3.1 or safeguards referred to in paragraph 6.3.4, or, in respect of transfers to the US, the provider is not a part of the Privacy Shield under paragraph 6.3.3, we will only transfer your personal data if:

6.3.5.1 you have explicitly consented to the proposed transfer, and have been informed of the risks of such transfer due to the absence of an adequacy decision and appropriate safeguards;

6.3.5.2 the transfer is necessary for the performance of a contract between us or due to pre-contractual measures taken at your request;

6.3.5.3 the transfer is necessary for the conclusion or performance of a contract concluded in your interests between us and a third party (including allowing your access to our Portal to allow you to provide your contractual services to the corporate subscriber authorising your access to the Portal); or

6.3.5.4 we are otherwise in compliance with applicable law.

7. DATA SECURITY AND CONFIDENTIAL INFORMATION

We have put in place appropriate security measures (commensurate with the sensitivity of the personal data we process) 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.

Commcise employs encryption technology to protect certain transmissions of data to/from the Services, but e-mail and other communications are not encrypted. You should not send any personal or identifying information, such as bank or credit card details via email. By employing e-mail or other insecure electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that Commcise will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.

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 we collected it for, including for the purposes of satisfying any legal, accounting, reporting, regulatory or contractual 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.

In some circumstances you can ask us to delete your data: please see paragraph 10.7.3 below for further information.

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.

Please be aware that we keep personal data for Users of Commcise Products (including Identity Data, and Usage Data) for audit purposes whilst the relevant corporate subscriber is contracted to us and as required by any regulatory requirements applicable to the relevant corporate subscriber.

We may be subject to contractual requirements that specify how long we can keep your personal data for (for example, in our contract for the supply of services to the corporate subscriber authorising your access to any Commcise Products).

9. YOUR LEGAL RIGHTS

9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please follow the below references to find out more about these rights:

9.1.1 Request access to your personal data – please see paragraph 10.6.1.
9.1.2 Request correction of your personal data – please see paragraph 10.6.2.
9.1.3 Request erasure of your personal data – please see paragraph 10.6.3.
9.1.4 Object to processing of your personal data – please see paragraph 10.6.4.
9.1.5 Request restriction of processing your personal data – please see paragraph 10.6.5.
9.1.6 Request transfer of your personal data – please see paragraph 10.6.6.
9.1.7 Right to withdraw consent – please see paragraph 10.6.7.

If you wish to exercise any of the rights set out above, please contact us.

9.2 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.

9.3 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.

9.4 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.

10. GLOSSARY

Controller means, unless otherwise provided by law, the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Corporate Subscriber is a firm that has entered into a legally binding agreement with us to license any Commcise Products.

10.1 Lawful Basis

Legitimate Interest means conducting and managing our business in our interests, or the interests of a third party. Our interests could include, for example, our internal administrative purposes or ensuring network and information security. Whether a particular legitimate interest may exist can also depend on the relationship we have with you.

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 or the interests of a third party. 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. Such contract may exist with you, your employer or corporate subscriber with whom you or your employer have a business relationship. Alternatively, it may be necessary 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 or a corporate subscriber may be subject to.

Consent means your clear, unambiguous consent for a specific purpose, for example, for marketing and promotional materials.

10.2 Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

10.3 Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

10.4 Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

10.5 Third Parties

10.5.1 Internal Third Parties – Commcise India Private Limited which is a wholly owned subsidiary of Commcise Software Limited, which acts as a processor Commcise India Private Limited is based in India and provides onboarding, IT, development,system administration and support services to Commcise Software Limited, its customers and to users of any Commcise Products.

10.5.2 External Third Parties

10.5.2.1 A corporate subscriber.

10.5.2.2 Service providers acting as processors, including Amazon, Google, Microsoft and Rackspace, have headquarters in the USA and have data centres both within and outside of the EEA and provide server and hosting services.

10.5.2.3 Portal development and support services are provided by processors based in the UK, EEA and USA who may provide their respective services from all or any of such territories.

10.5.2.4 HM Revenue & Customs based in the UK, regulators and other authorities primarily based in the UK and/or EEA and/or USA who require reporting of processing activities in certain circumstances.

10.5.2.5 Third parties that have been expressly authorised by your employer or as expressly authorised by a corporate subscriber. Such third parties may be based outside of the EEA.

10.6 Your Legal Rights

You have the right to:

10.6.1 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.

10.6.2 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.

10.6.3 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 please see paragraph 10.7.4, 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.

10.6.4 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

10.6.5 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.

10.6.6 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.

10.6.7 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.

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