9th May 2018
Obsidian Content Creation understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits our website www.obsidiancontent.co.uk and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
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.
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.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of our Site;
“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in section 12, below;
“our Site” means this website, www.obsidiancontent.co.uk;
“UK and EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and
“We/Us/Our” means Obsidian Content Creation, a business owned and operated by Miss J. Lowe, a sole trader, whose main trading address is Unit 16059, PO Box 15113, Birmingham, B2 2NJ.
“Services” Shall mean the services provided by us
2. Who are we?
Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (“GDPR”) says we have to give you:
2.1 Our Site, www.obsidiancontent.co.uk, is owned and operated by Obsidian Content Creation, a business owned and operated by Miss J. Lowe, a sole trader, whose main trading address is Unit 16059, PO Box 15113, Birmingham, B2 2NJ.
2.2 Our data compliance manager is Miss J. Lowe who can be contacted at email@example.com
We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary
legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws.
If you have any questions about how we collect, store and use personal information, or if you have any other privacy-related questions, please contact us at [firstname.lastname@example.org]
3. Scope – What Does This Policy Cover?
This Policy applies only to your use of our Site. It does not extend to any websites that are linked to from our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data
We take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience.
When you use or contact our Site, you do so at your own discretion and provide any such personal details requested at your own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed below. Every effort has been made to ensure a safe and secure form to email submission process but we
advise users using such form to email processes that you do so at your own risk.
As the party responsible for data processing we ensure that the processed data:
- is processed in accordance with the applicable privacy regulations; and
- is sufficiently protected to not be exposed to persons who should have no access to it, this both internally and externally by taking technical, contractual and organisational safety measures.
4. What Data Do We Collect?
blogs. Depending upon your use of our Site, we may collect some or all of the following data:
4.2 business/company name
4.3 job title;
4.5 contact information such as email addresses and telephone numbers;
4.6 demographic information such as post code, preferences and interests;
4.7 financial information such as credit / debit card numbers or banking details (only from customers / suppliers);
4.8 IP address (automatically collected);
4.9 web browser type and version (automatically collected);
4.10 operating system (automatically collected);
4.11 a list of URLs starting with a referring site, your activity on our Site, and the site you exit to (automatically collected);
4.12 your business sector and which of Obsidian Content Creation’s services you are interested in;
4.13 Information about your usage of our website as detailed in section 12 of this document.
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 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 (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.
5. How Do We Use Your Data?
5.1 All personal data is stored securely in accordance with GDPR. For more details on security see section 6, below.
5.2 We use your data to provide the best possible services to you. This includes:
5.2.1 Providing and managing your Account;
5.2.2 Providing and managing your access to our Site;
5.2.3 Personalising and tailoring your experience on our Site;
5.2.4 Supplying our Services to you;
5.2.5 Personalising and tailoring our Services for you;
5.2.6 Responding to communications from you;
5.2.7 Supplying you with email newsletters, and promotions that you have subscribed to (you may unsubscribe or opt-out at any time by following the unsubscribe links in the newsletter emails or promotion emails);
5.2.8 Analysing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience;
5.2.9 Using landing pages hosted at subscribepage.com to collect contact data from consenting individuals who wish to receive our email updates. You can view an example here: http://www.subscribepage.com/ObsidianContentSubscribe
5.2.10 Analysing your response to and feedback from email newsletters and promotions;
5.3 In some cases, the collection of data may be a statutory or contractual requirement, and we will be limited in the services we can provide you without your consent for us to be able to use such data.
5.4 With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email AND/OR telephone with information, news and offers on our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
5.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
5.6 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:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- 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 need to comply with a legal or regulatory obligation
5.7 As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email AND/OR telephone with information, news and offers on our Services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
5.8 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section, you can let us know at any time by contacting us at [Email Address], and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.
5.9 We shall contract with third parties to supply services to you on our behalf. These include, secure storage, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law. Details of our third party processors are available on request.
6. How and Where Do We Store Your Data?
6.1 We only keep your data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.
6.2 Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). If We do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage and the use of the EU-approved Model Contractual Arrangements.
6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Site.
6.4 Steps we take to secure and protect your data include:
6.4.1 Secure security guidelines for employees
6.4.3 We encrypt sensitive data on both cloud and on-site backups and use antivirus/firewall software regularly and password protection protocols to ensure the confidentiality of the information we hold. Personal data held for
marketing purposes is added to a secure, password protected database through MailerLite.
6.4.4 We use 2-factor authentication to log in to our accounting package.
6.5 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet.
7. Do We Share Your Data?
7.1 We may contract with third parties to supply services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:
- Google (Cloud Storage & Email Functions)
- Boomerang (Email Scheduler)
- Box.com (Cloud Storage Functions)
- DropBox (Cloud Storage Functions)
- QuickFile (Accounting, Quoting, Holding Customer Details, Recording Payments)
- MailerLite (Email Marketing, Landing Pages & Subscription Functions)
- HubSpot CRM and FullContact (Address Book and Customer Relationship Management Functions)
- Signable (Contract E-Signing Service)
- National Westminster Bank, “NatWest” (Business Banking)
- 123 Reg (Website and Email Hosting)
- WordPress (Website Content Management System for www.obsidiancontent.co.uk)
7.2 We may compile statistics about the use of our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
7.3 In certain circumstances we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings, where we are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of us.
7.4 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
8. What Happens If Our Business Changes Hands?
9. How Can You Control Your Data?
9.1 When you submit information via our Site, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details AND/OR by managing your Account).
9.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
10.1 You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
10.3 You may withdraw your consent for us to use your personal data as set out in section in 5 at any time by contacting us using the details set out in section 15, and we will delete your data from our systems. However, you acknowledge this may limit our ability to provide the best possible services to you.
11. How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by us (where such data is held). Please contact Us for more details at email@example.com or using the contact details below in section 14.
12. What Cookies Do We Use and What For?
12.2 By using our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on our Site for analytics and support. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of our Site.
12.3 All Cookies used by and on our Site are used in accordance with current English and EU Cookie Law.
12.4 Before Cookies are placed on your computer or device, you will be shown a prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features
of our Site may not function fully or as intended.
12.5 Certain features of Our Site depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
12.6 The following first party Cookies may be placed on your computer or device:
|Name of Cookie||Provider||Purpose||Stricty Necessary|
|wordpress_logged_in||WordPress||Tracks whether the user is logged in (either
as an admin, or for commenting on articles).
|wordpress_test_cookie||WordPress|| Used on all sites built with WordPress.
Tests whether or not the browser has
|wp-settings-1||WordPress|| Stores any WordPress settings saved to
your WordPress user account, which
customises your view of the site and/or the
admin dashboard (such as displaying the
WP toolbar on the site’s pages).
|wp-settings-time-1||WordPress|| Similar function to wp-settings,
remembering the user’s time zone.
and the following third party Cookies may be placed on your computer or device:
|Name of Cookie||Provider||Purpose|
|Generated and used by the Mailerlite plug-in to record when the pop-up window has been shown.|
|_drip_client_6994213|| WPMU DEV
|Only appears for website admins. Shows a dismissable notice within the WordPress dashboard.|
12.7 Our Site uses analytics services Google Analytics (provided by Google). Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use our Site. This, in turn, enables us to improve our Site and the services offered through it. You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of our Site, it does enable us to continually improve our Site, making it a better and more useful experience for you.
12.8 The analytics service(s) used by our Site use(s) Cookies to gather the required information.
12.9 The analytics service(s) used by Our Site use(s) the following Cookies:
|Name of Cookie||First / Third Party||Provider||Purpose|
|_ga||Third||Google Analytics||Assigns each page view to a unique user, so you can track how many people have viewed each page – not just the number of pageviews.|
|_gid||Third||Google Analytics||The same as _ga but has a longer expiration date and is used again to differentiate users.|
|_gat||Third||Google Analytics||This cookie does not store any user information, it’s just used to limit the number of requests that are made to remarketing services (though our site doesn’t have any).|
12.10 You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
EDIT 20/5/18: If you wish to opt out of Google Analytics tracking on all websites (not just this one), Google have provided an opt out browser add on for Chrome, Internet Explorer 11, Safari, Firefox, and Opera internet browsers. You can access it here.
12.11 You can choose to delete Cookies at any time however you may lose any information that enables you to access our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
12.12 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
13. Summary of Your Rights under GDPR
Under the GDPR, you have:
13.1 the right to request access to, deletion of or correction of, your personal data held by us;
13.2 the right to complain to a supervisory authority;
13.3 be informed of what data processing is taking place;
13.4 the right to restrict processing;
13.5 the right to data portability;
13.6 object to processing of your personal data;
13.7 rights with respect to automated decision-making and profiling (see section 14 below).
To enforce any of the foregoing rights or if you have any other questions about our Site or this Policy, please contact us using the details set out in section 15 below.
14. Automated Decision-Making and Profiling
14.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR, requesting human intervention, expressing your own point of view, and obtaining an explanation of the decision from us.
14.2 The right described in section 14.1 does not apply in the following circumstances:
a) The decision is necessary for the entry into, or performance of, a contract between you and us;
b) The decision is authorised by law; or
c) You have given your explicit consent.
14.3.1 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its
significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors
and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to
prevent discriminatory effects arising out of profiling.
15. Contacting Us
If you have any questions about our Site or this Policy, please contact us by email at firstname.lastname@example.org, by telephone on 07753 021126, or by post at Unit 16059, PO Box 15113, Birmingham, B2 2NJ. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).
We may change this Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
17. Dispute Resolution
The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Policy or any breach of it.
If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
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