Onyx Data Ltd – Privacy Policy
Introduction
Onyx Data Ltd (collectively referred to as “Onyx Data”, “we”, “us” or “our” in this privacy policy) 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 or application (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
The Data Protection Act provides the following rights to individuals
The right to be informed
The right of access
The right to rectification
The right to erasure (also known as the right to be forgotten)
The right to restrict processing
The right to data portability
The right to object (to the processing of your data)
Rights in relation to automated decision making and profiling
Wherever possible, Onyx Data Ltd will work hard to accommodate any request made by a data subject, to exercise their rights under the Data Protection Act. Details of possible reasons why we may not be able to can be found within this Privacy Policy.
Purpose of this privacy policy
This privacy policy aims to give you information on how Onyx Data Ltd collects and processes your personal data through your use of this website, our services, or our application, including any data you may provide through this website or our application when you sign up to our newsletter, purchase a service or enter our challenges/competitions.
This 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.
Onyx Data Ltd operates in both a data controller and data processor capacity.
For marketing, competitions, challenges, and any website enquiries, Onyx Data Ltd is considered the controller. For data provided to Onyx Data Ltd in relation to contractual services, Onyx Data Ltd is considered the data processor.
Under guidance of The Information Commissioners Office, we are not required to appoint a Data Protection Officer. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to address any concerns that you may have in the first instance.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our us in one of the following ways:
By email: contact@onyxdata.co.uk
In writing: 16 Upper Woburn Place, London, Greater London, WC1H 0AF, United Kingdom.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review, and we may amend this from time to time, so please be sure to check back periodically.
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.
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, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing 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 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 and services, including the pages of the website that you visit, the time and date of your visit and the time spent on those pages.
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.
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).
We do not collect any information about criminal convictions and offences.
If you fail to provide personal data
We may be required to collect some types of data in order to discharge our contractual obligations. If you are unwilling or refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you (for example, to provide you with goods or services). In this case, whilst we will endeavour to come to an arrangement with you, we may be required to terminate our business relationship with you without further notice.
How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions
Post
Telephone
Note: we request that financial information is not sent via email or post.
This includes personal data you provide when you:
Order our services.
Create an account on our website.
Subscribe to our services or publications.
Request marketing to be sent to you.
Apply for a job with us.
Enter a competition, promotion, or survey; or give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
We may also receive technical data about you if you visit other websites employing our cookies.
Third parties or publicly available sources.
We may receive personal data about you from third parties and public sources as set out below:
Contact information (including name, contact telephone numbers, email addresses, postal addresses).
Financial and Transaction Data from providers of technical, payment and delivery services.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.
How we use your personal data
Onyx Data Ltd minimises the processing of data and we will only collect and use the data we really need to discharge our duties.
Most commonly, we will use your personal data under the following circumstances:
Where we are required to perform our duties which is bound by a contractual obligation.
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 are required to comply with a legal obligation.
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, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so.
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 lawful basis in which we rely on to process your personal data.
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Full name
Contact information including telephone numbers, email addresses (including business email address and/or personal email address) and postal address.
Performance of a contract with you
To process and deliver services.
Full name
Contact information including telephone numbers, email addresses (including business email address and/or personal email address) and postal address.
Financial transactions
Communications
Performance of a contract with you
Necessary for our legitimate interests to recover debts due to us.
To manage our relationship with you which may include (not limited to), notifying you about changes to our terms or privacy policy, asking you to leave a review or take a survey.
Full name
Contact information including telephone numbers, email addresses (including business email address and/or personal email address) and postal address.
Marketing and Communications
Performance of a contract with you
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to learn more about how customers use our services)
To enable you to partake in a prize draw, competition, promotion or complete a survey
Full name
Contact information including telephone numbers, email addresses (including business email address and/or personal email address) and postal address.
Marketing and Communications
Website usage.
Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Full name
Contact information including telephone numbers, email addresses (including business email address and/or personal email address) and postal address.
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 or group restructuring exercise).
Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we present you with and to make suggestions and recommendations to you about goods or services that may be of interest to you.
Contact information
Usage
Marketing and Communications
Technical data
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
Necessary for our legitimate interests (to develop our services and grow our business)
To use data analytics to improve our website, services, marketing, customer relationships and experiences
Technical data
Website usage
Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
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:
We may use your identity, contact, technical data, 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 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 services from us and you have not opted out of receiving that marketing.
From time to time, we may run competitions or promotions in conjunction with third parties such as sponsors, which may involve the collection of your Identity and contact information. We will provide details of any such third parties at the appropriate time before you submit your entry. By entering these competitions or promotions, you give your consent that such Identity and Contact Data may be shared with such third parties in order that they may use your details for marketing purposes. You can however opt-out of any such marketing at any time as explained at the time of entering. All emails sent to you in relation to these promotions will also contain information on how to opt out of future communications.
Other than as referred to above for competitions or promotions run in conjunction with third parties, 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 any affiliated third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or 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 service purchase, service experience or other transactions. It will also not apply to any legal communications (for example, updates to our privacy policy, or terms and conditions of service).
Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. 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.
We may share your personal data with the parties set out below for the purposes set out in the table ‘Purposes for which we will use your personal data’ above.
External Third Parties such as: Challenge sponsors, technical authors, and blogs.
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.
Our carefully selected partners and service providers may process personal information about you on our behalf as described below:
“Digital Marketing Service Providers
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:
(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.
International transfers and data storage
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring the following safeguards are implemented:
Standard contractual clauses in place with any organisation outside of the European Union
Encryption of sensitive data sent by email.
All devices are encrypted using Bitdefender as standard.
All devices are protected with up-to-date anti-virus as standard, and any security vulnerabilities are patched as soon as they become available.
The data you provide us is stored securely in the United Kingdom and we strive to keep as much data stored within UK data centres. Where this is not possible, data may be stored within the European Union and/or the United States of America. For data stored within the United States of America, standard contractual clauses are in place and a risk assessment is undertaken for any supplier who this applies to.
Data security
The security of your personal information is of paramount important to us. Although no method of transmission over the internet, or method of electronic storage is 100% secure, we have put in place appropriate security measures to limit the risk of your personal data being accidentally lost, used, altered, disclosed, or accessed in an unauthorised way. In addition, we limit access to your personal data to those employees, agents, contractors and/or 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.
Non-Disclosure agreements are in place with all employees, contractors, and third-party companies that we work with.
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, within the required time scales outlined by the Information Commissioners Office.
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 must keep basic information about our customers (including Contact details, 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.
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.
Your legal rights
As mentioned at the start of this policy, under certain circumstances, you have several rights under data protection laws in relation to your personal data.
The Data Protection Act provides the following rights to individuals
The right to be informed
The right of access
The right to rectification
The right to erasure (also known as the right to be forgotten)
The right to restrict processing
The right to data portability
The right to object (to the processing of your data)
Rights in relation to automated decision making and profiling
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.
If our use of the data is unlawful, and you would like us to erase it.
If 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. In these cases, we must verify whether we have overriding legitimate grounds to use it.
To request the transfer of your personal data. The right in some cases to receive your Information in a digital format or to have it transmitted directly to another controller (where technically feasible).
Right to withdraw consent.
You can withdraw your consent at any time in respect of any processing of Information which is based upon a consent. 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 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.
Subject Access Requests
You have the right to request a record of the personal data we hold for you. You can request this in any format, using the details set out at the top of this policy. We have one month from the date of your request to provide you with this information, and it will be provided in an electronic format, unless you specifically request otherwise. If your request is complex, your request may take longer than one month but no more than two months, you will be notified if that is the case.
You will not have to pay a fee to access your personal data. However, we reserve the right to 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 verify 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.
