Privacy Policy

1. Introduction

ActiveOps Limited (‘ActiveOps’) respects your privacy and is committed to protecting your personal data. This privacy notice explains how we look after your personal data when you visit our website (regardless of where you visit from). You should be aware of your privacy rights and how the law protects you.

Please refer to the Glossary for terms used in this privacy notice.

2. Purpose of this privacy notice

2.1 Purpose of this privacy notice

This privacy notice covers how ActiveOps collects and processes personal data through your use of the website. This includes any data you may provide when submitting website forms, i.e., newsletter registrations or on the “contact us” page.

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 notice, as well as other privacy or fair processing notices we may provide on specific occasions. Such notices occur when your personal data is being collected or processed. The intent is to keep you fully informed about how and why we are using your data. This privacy notice supplements the other notices and is not intended to replace them.

2.2 Controller

As the controller and responsible entity for your personal data, ActiveOps Limited is (collectively) referred to as “COMPANY”, “we”, “us” or “our” in this privacy notice. ActiveOps is registered as a data controller under the United Kingdom Information Commissioner’s Office register with registration number ZA265755.

We have appointed a data protection officer (DPO) to oversee any privacy notice questions. If you have questions, including any requests to exercise your legal rights, please contact the DPO using the details below.

2.3 Contact details

Our full details are:

Full name of legal entity: ActiveOps Limited

Name or title of DPO: Declan Mulcahy

Email address: compliance@activeops.com

Postal address: ActiveOps, One Valpy, 20 Valpy Street, Reading RG1 1AR, U.K.

Telephone: +44(0) 118 907 5000

You have the right to make a complaint at any time to the U.K. supervisory authority for data protection issues, the Information Commissioner’s Office (ICO), (www.ico.org.uk). We would, however, appreciate the opportunity to deal directly with your concerns before approaching the ICO. We would be pleased to respond to any such complaints as your first priority contact.

2.4 Changes to the privacy notice and your duty to inform us of changes

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.

2.5 Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on such links or enabling such connections may allow third parties to collect or share data about you. We do not control third-party websites and are not responsible for their privacy statements. When you exit our website we encourage you to read the privacy notice of each website you visit.

3. The data we collect about you

Personal data, or personal information, means any information about an individual from which a 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 assembled together as follows:

• Identity Data includes first name, last name, job title and company name.
• Contact Data includes email addresses and telephone numbers.
• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
• Usage Data includes information about how you use our website.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, as well as your communication preferences.

We 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 it 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 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 notice.

We do not collect any Special Categories of Personal Data about you (such as details about your race or ethnicity, religious or philosophical beliefs, personal behaviour, sexual orientation, political opinions, trade union memberships, health information, genetic or biometric data). Nor do we collect any information about criminal offences and convictions.

3.1 If you fail to provide personal data

Where we are required by law, or by terms of a contract we have with you, to collect personal data and you fail to provide the data requested, we may not be able to perform the contract we have or are trying to enter into with you. For example, we may not be able to provide you with goods or services. In such a case, we may have to cancel a product or service you have with us. You will be notified of the time this occurs.

3.2 How is your personal data collected?

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

Direct interactions. You may provide your identity and contact information via form submission or by corresponding with us by regular mail, phone, email or otherwise. This includes the personal data you provide:

• to apply for information about our products or services;
• to subscribe to our service or publications;
• to request marketing to be sent to you, or;
• to give us feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing activity and patterns. We collect this personal data using cookies, server logs and other similar technologies. Please see our cookie policy (on www.activeops.com) for further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties as indicated below:

• Technical data from the following entities:

1. analytics providers such as Google based outside the EU; and
2. search information providers and social business networks such as LinkedIn based outside the EU.

• Contact data from providers of technical and delivery services based inside and outside the EU.
• Identity and contact data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

3.3 How we use your personal data

We will only use your personal data as allowed by law. Most commonly we will use your personal data in the following circumstances:

• Performing a contract, we have with you or are about to enter into.
• When necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

In general, we do not rely on consent as a legal basis for processing your personal data. Where we do rely on consent, we will seek such explicitly and specifically from you before processing your personal data. You have the right to withdraw your consent at any time by contacting us.

3.4 Purposes for which we will use your personal data

Below is a table describing the ways we plan to use your personal data and the relevant legal bases. We have also identified our legitimate interests where appropriate.

Note that your personal data may be processed on more than one legal basis depending on the specific purpose for which the data is being used. Please contact us if you need details about the particular legal basis for personal data processing, should more than one be described in the table.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity(b) Contact	Performance of a contract with you
To manage our relationship with you which includes notifying you about changes to our terms or privacy policy.	(a) Identity(b) Contact(c) Profile	(a) Performance of a contract with you(b) Compliance with a legal obligation
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity(b) Contact(c) Technical	(a) 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 reorganization or group restructuring exercise)(b) Compliance with a legal obligation
To deliver relevant website content and marketing messages to you. To measure or understand the effectiveness of the messages being served to you.	(a) Identity(b) Contact(c) Profile(d) Usage(e) Marketing and Communications(f) Technical	Necessary for our legitimate interests (to understand how customers use our products/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(b) Usage	Necessary for our 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(b) Contact(c) Technical(d) Usage(e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

4. Promotional offers from us

We may use your Identity, Contact, Usage and Profile Data to form a view of your preferences. This determines which products, services and offers may be relevant for you.

You will receive marketing communications from us based on your information requests.

5. Third-party marketing

Your express opt-in consent will be requested before your personal data is shared for marketing purposes with any company outside the ActiveOps group of companies.

6. Opting out

You can request that ActiveOps or third parties stop sending you marketing messages at any time. Log into the website, and check or uncheck relevant boxes to adjust your marketing preferences. You can also follow opt-out links on any marketing message sent to you, or you can contact us at any time.

Opting out of marketing messages does not apply to personal data provided to us through other activities such as a product/service purchase, warranty registration, product/service experience feedback or other transactions.

7. Cookies

You can set your browser to refuse some or all browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use please see our policy here.

Change of purpose

We will only use your personal data for the purposes for which it was collected unless we reasonably consider it is needed for another purpose. This would need to be compatible with the original purpose. If you would like an explanation of how the data 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 you will be notified to 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.

8. Disclosures of your personal data

We may have to share your personal data with the other parties for purposes indicated in the Paragraph 4 table above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific third parties such as Salesforce, Microsoft and other third-party suppliers.
• Third parties to whom we may elect 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 we experience a business change the new owners may use your personal data as stated in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the relevant laws. We do not allow our third-party service providers to use your personal data for their own purposes. They are permitted to process your data for specified purposes that conform to our instructions.

9. International transfers

Some of our group companies and external third parties are based outside the European Economic Area (EEA). Therefore, their processing of your personal data involves a data transfer outside the EEA.

In out-of-EEA transfer, we require a similar degree of data protection through the implementation of at least one of the following safeguards:

• We will only transfer your personal data to countries 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, there are specific contracts available 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.
• Where we use U.S.-based providers we may transfer data to them if they are part of the Privacy Shield. This requires similar protection for personal data shared between Europe and the U.S. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you would like further information on the specific mechanism used by us when transferring your personal data out of the EEA.

10. Data security

We have appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Personal data provided to us is stored on our secure servers. Details relating to any Transaction Data entered via our site will be encrypted to ensure its safety. 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 subject to a duty of confidentiality.

We have procedures in place to deal with any suspected personal data breach. In such an event we will notify you and any applicable regulator of a breach according to our legal obligations.

However, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of data sent to us electronically; the transmission of such data is entirely at your own risk. Where we have provided (or you have chosen) a password for access to certain areas of our website, keeping this password confidential is your responsibility.

11. Data retention

11.1 How long will you use my personal data?

We only retain your personal data as long as necessary to fulfil the purposes for which it was collected. This includes the purpose of satisfying any legal, accounting or reporting requirements.

Determining the appropriate retention period for personal data involves consideration of:

• the amount, nature, and sensitivity of the personal data;
• any potential risk of harm from unauthorized use or disclosure of your personal data;
• the purposes for which your personal data is processed;
• whether we can achieve those purposes through other means, and;
• applicable legal requirements.

12. Your legal rights

In certain circumstances, you have rights under data protection laws relating to your personal data. These include rights to:

• Request access to your personal data.
• Request correction of your personal data.
• Request the erasure of your personal data.
• Object to processing of your personal data.
• Request restrictions on your personal data processing.
• Request transfer of your personal data.
• Withdraw your consent.

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

No fee is typically required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, you may be subject to a reasonable fee if your request is determined to be unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What you may need to provide

We may need to request specific information from you to confirm your identity and to ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to prevent disclosure of your personal data to any person without the right to receive it. To speed up our response we may also contact you for further information relating to your request.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take longer if your request is particularly complex or if you have made multiple requests. In this case, we will notify you and keep you updated on your request status.

13. Glossary

13.1 Lawful Basis

Legitimate Interest is our interest in conducting and managing our business to provide you with the best services/products in the most beneficial and secure experience. We consider and balance any potential impact on you (both positive and negative) and your rights before processing your personal data for our legitimate interests. We do not use your personal data for activities where our interests are affected by the impact on you (unless we have your consent, or we are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you regarding specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party. Or, it refers to initiating steps at your request before entering into such a contract.

Complying with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.

13.2 Third Parties

13.2.1 Internal Third Parties

Other companies in the ActiveOps Group acting as joint controllers or processors. These companies are based in North America, India, South Africa, Australia and Ireland. They provide IT and systems administration services and undertake leadership reporting.

13.2.2 External Third Parties

• Service providers acting as processors both inside and outside the European Economic Area (EEA) who provide IT and systems administration services.
• Professional advisers acting as processors or joint controllers. These may include attorneys, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.

13.3 Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of your personal data we hold to confirm that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to correct any incomplete or inaccurate data we hold about you. 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 request deletion or removal of personal data where there is no good reason for us to continue its processing. You also have the right to request deletion or removal of 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.

Please note that we may not always be able to comply with your erasure request for specific legal reasons. In this case, you will be notified, if applicable, at the time of your request.

Contest processing of your personal data. This is a situation in which we are relying on a legitimate interest (or those of a third party) and you wish to challenge the processing of your personal data for what you deem to be an impact on your fundamental rights and freedoms. You also have the right to object to our processing of your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.

Request restriction of processing of your personal data. You may ask us to suspend processing of your personal data in the following scenarios:

(a) you want us to establish the data’s accuracy;

(b) our use of the data is unlawful, but you do not want us to erase it;

(c) you need us to hold the data for you to establish, exercise or defend legal claims even if we no
longer require it, 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. This right only applies to automated information for which you initially provided usage consent in our performance of a contract with you.

Withdraw consent at any time we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before your consent is withdrawn. Consent withdrawal may affect our ability to provide certain products or services to you. We will advise you if this is the case at the time your consent is so withdrawn.