fbpx

Privacy Policy

Updated September 2019

Me, my, I, Dan McGovern – refers to Dan McGovern Digital Marketing.

Data Protection Legislation – refers to all applicable privacy and data protection laws including (i) the General Data Protection Regulation ((EU) 2016/679), the Data Protection Act 2018 and any further or additional national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).

Introduction

Welcome to my privacy policy.

I respect your privacy and I am committed to protecting your personal data. This privacy policy will inform you as to how I look after your personal data and tell you about your privacy rights and how the law protects you.

Purpose of this privacy policy

This privacy policy aims to give you information on how I collect and processes your personal data through your use of this website.

This website is not intended for children and I 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 I may provide on specific occasions when I am collecting or processing personal data about you so that you are fully aware of how and why I am using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Dan McGovern is the controller and responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact me using the details set out below.

Complaints

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). I would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact me in the first instance.

Changes to this Privacy Notice and your duty to inform us of changes

I do my best to keep this privacy policy under regular review. This version was last updated in September 2019.

It is important that the personal data I hold about you is accurate and current. Please keep me informed if your personal data changes during your relationship with me.

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. I do not control these third-party websites and are not responsible for their privacy statements. When you leave my website, I encourage you to read the privacy policy of every website you visit.

Personal Data I receive

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).

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

  • Identity data (including your first name, last name,marital status, title, gender and multi media images);
  • Contact data (including your billing address, delivery address, email address, telephone contact numbers and social media contact information);
  • Financial Data (including bank account and payment card details).
  • Transaction Data (including details about payments to and from you and other details of products and services you have purchased from me).
  • Technical Data (including 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, purchase history, preferences, feedback and survey responses);
  • Usage Data (including information about how you use my website, products and services].
  • Marketing and Communications data (including your preferences in receiving marketing from me and/or third parties and your communications preferences);

I 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, I may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if I combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, I treat the combined data as personal data which will be used in accordance with this privacy policy.

I 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 I collect any information about criminal convictions and offences.

If you fail to provide personal data

Where I need to collect personal data by law, or under the terms of a contract I have with you, and you fail to provide that data when requested, I may not be able to perform the contract I have or are trying to enter into with you (for example, to provide you with goods or services). In this case, I may have to cancel a product or service you have with me but I will notify you if this is the case at the time.                                                                  

How is your personal data collected?

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

  • Direct interactions. You may give me your Identity, Contact and Financial Data by filling in forms or by corresponding with me by post, phone (calls may be recorded), email or otherwise. This includes personal data you provide when you apply for membership;
    • express an interest in my services;
    • request information about my services;
    • attend an event I have held;
    • enter a competition, promotion or survey; or
    • give me feedback or contact me.
  • Automated technologies or interactions. As you interact with my website, I will automatically collect Technical Data about your equipment, browsing actions and patterns. I collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. I will receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
      • analytics providers, such as Google based outside the EU;
      • search information providers, such as Google based outside the EU;
    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
    • Identity and Contact Data from data brokers or aggregators such as Market Location, based inside the EU.
    • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

How your personal data will be used?

1. I will only use your data in circumstances where the data protection legislation allows me to. Most commonly, I will use your personal data in the following circumstances:

  • (a) Where I need to perform a contract I am about to enter into or have entered into with you;
  • (b) Where it is necessary for my legitimate interests (or those of a third party) and your interests and
  • fundamental rights do not override those interests;
  • (c) Where I need to comply with a legal obligation;
  • (d) Where I have received your informed and specific consent to do so.

I have set out below, in a table format and within the numbered paragraphs thereafter, a description of all the ways I plan to use your personal data, and which of the legal bases I rely on to do so. I have also identified what my legitimate interests are where appropriate.

Please note that I may process your personal data for more than one lawful ground depending on the specific purpose for which I am using your data. Please contact me if you need details about the specific legal ground I am relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing.

To provide you with marketing information regarding our membership and services

(a) Identity data

(b) Contact data

(c) Marketing and Communications data

(a) Necessary for our legitimate interests (to ensure that small businesses are made aware of the support services offered by Dan McGovern)

(b) Consent

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to me

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to me)

To register you as a member

(a) Identity data

(b) Contact data

Performance of a contract with you

To manage my relationship with you which will include:

(a) Notifying you about changes to my terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for my legitimate interests (to keep my records updated and to study how customers use my products/services)

   

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for my legitimate interests (to study how members use our products/services, to develop them and grow my business)

To administer and protect my 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 reorganisation or group restructuring exercise)

(b) 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 I serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study 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, events, customer relationships and experiences

(a) Technical

Necessary for my legitimate interests (to define types of customers for my products and services, to keep my website updated and relevant, to develop my business and to inform my marketing strategy)

2. If, in the future, I would like to process your personal data for a purpose other than that which it was collected for, I’ll provide you with information about that and request your consent before doing so.

Marketing

I strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from me

I may use your Identity, Contact, Technical, 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 I decide which products, services and offers may be relevant for you (I call this marketing).

You will receive marketing communications from me if you have requested information from me or have given your specific and informed consent to receiving that marketing.

Opting out                                                                                                             

You can ask me or third parties to stop sending you marketing messages at any time by logging into the website and adjusting your marketing preferences.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to me other than in accordance with this privacy notice.

Cookies

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. For more information about the cookies we use, please see our cookie policy

What I do NOT do with your personal data

I will not provide your personal data, received in accordance with the terms of this privacy notice, to third parties (other than those specified within this privacy notice) without your explicit and informed prior consent.

International Transfers

At this time, none of my external third parties are based outside the EEA. In the event that I engage an external third party which is based outside the EEA, their processing of your personal data would involve a transfer of data outside the EEA and will be dealt with in accordance with the section below.

Whenever I transfer your personal data out of the EEA, I ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • I will only transfer your personal data to countries or organisations which have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where I use certain service providers, I may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

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

Data security

I have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, I 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 my instructions and they are subject to a duty of confidentiality.

I 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 I am legally required to do so.

Data retention

How long will I use your personal data for?

I will only retain your personal data for as long as reasonably necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. I may retain your personal data for a longer period in the event of a complaint or if I reasonably believe there is a prospect of litigation in respect to my relationship with you.

To determine the appropriate retention period for personal data, I 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 I process your personal data and whether I can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law I have to keep basic information about my clients (including Contact, Identity, Financial and Transaction Data) for six years after they cease being clients for tax purposes.

In some circumstances, you can ask me to delete your data.

In some circumstances I will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case I may use this information indefinitely without further notice to you.

Your Rights

Under the data protection legislation you have a number of rights with regard to your personal data. 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 the personal data I hold about you and to check that I am lawfully processing it.

Request correction of the personal data that I hold about you. This enables you to have any incomplete or inaccurate data I hold about you corrected, though I may need to verify the accuracy of the new data you provide to me.

Request erasure of your personal data. This enables you to ask me to delete or remove personal data where there is no good reason for me continuing to process it. You also have the right to ask me to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where I may have processed your information unlawfully or where I am required to erase your personal data to comply with local law. Note, however, that I may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where I am relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where I am processing your personal data for direct marketing purposes. In some cases, I may demonstrate that I have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask me to suspend the processing of your personal data in the following scenarios:

  • If you want me to establish the data’s accuracy.
  • Where my use of the data is unlawful but you do not want me to erase it.
  • Where you need me to hold the data even if I no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to my use of your data but I need to verify whether I have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. I 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 me to use or where I used the information to perform a contract with you.

Withdraw consent at any time where I am 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, I may not be able to provide certain products or services to you. I will advise you if this is the case at the time you withdraw your consent.

Identity and contact details of controller and data compliance advisor

Dan McGovern is the controller of data for the purposes of the data protection legislation.

If you have any concerns as to how your data is processed, or if you have any questions about this privacy policy or my privacy practices more generally, you can contact me at [email protected], or you can write to me at:

FAO Data Compliance Manager
Dan McGovern
9 – 11 Tower Street
Hartlepool, TS24 7HH