Using your data with integrity
“Data controllers” are the people who or organisations which determine the purposes for which, and the manner in which, any Personal Data is processed, who/which make independent decisions in relation to the Personal Data and/or who/which otherwise control that Personal Data.
Our Data Protection Coordinator can be contacted by email: firstname.lastname@example.org
• General Data Protection Regulation (EU Regulation 679/2016)
• Irish Data Protection Act 2018
• Regulations flowing from DPA 2018
• Data Protection Act 1988 Revised
• ePrivacy Regulations 2011 implementing EU Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD)
Data protection provides rights to individuals with regard to the use of their Personal Data by organisations, including our organisation. Irish and EU laws on data protection govern all activities we engage in with regard to our collection, storage, handling, disclosure and other uses of Personal Data.
We must comply with data protection rules because the law requires us too but we also would like you to have confidence in dealing with us, and compliance with data protection law helps us to maintain a positive reputation in relation to how we handle Personal Data.
We need to demonstrate accountability for our data protection obligations. This means that we must be able to show how we comply with the applicable Data Protection and Privacy Laws, and that we have in fact complied with the laws. We do this, among other ways, by our written policies and procedures, by building data protection and privacy compliance into our systems and business rules, by internally monitoring our data protection and privacy compliance and keeping it under review, and by acting if our representatives, including employees or contractors, fail to follow the rules. We also have certain obligations in relation to keeping records about our data processing.
We aim to comply with the following principles found in Data Protection Law:
Lawfulness, fairness and transparency – Personal data must be processed lawfully, fairly and in a transparent manner.
Purpose Limitation – Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
Data minimisation – Personal Data must be adequate, relevant and limited to what is necessary in relation to purposes for which they are processed.
Accuracy – Personal data must be accurate and, where necessary, kept up to date. Inaccurate Personal Data should be corrected or deleted.
Retention – Personal data should be kept in an identifiable format for no longer than is necessary.
Integrity and confidentiality – Personal data should be kept secure.
Accountability – Under the GDPR, we must not only comply with the above six general principles but we must be able to demonstrate that we comply by documenting and keeping records of all decisions.
We will collect personal data with you in accordance with the purposes outlined in this document. This will be basic or regular personal data used to facilitate a consultant/client type relationship, usually your name and email address and from time to time billing information. If you are a sole trader or partnership, we would consider your address to be personal data.
We do not collect Special Category Personal Data, Criminal Conviction Data or Children's Data.
Owner, Employees and Sub-Contractors of the Business
Directors and employees of CyberPie who are bound by confidentiality agreements will process personal data on behalf of the business.
We may use trusted service providers who could be considered data processors, sub-processors or third parties. We need to have written agreements in place with all of our service providers and, before we sign each agreement, we need to have vetted and be satisfied with the service provider’s data security. The agreements also need to contain specific clauses that deal with data protection.
We require all third parties to have appropriate technical and operational security measures in place to protect your Personal Data, in line with Irish and EU laws on data protection. Any such organisation or individual will have access to Personal Data needed to perform these functions but may not use it for any other purpose.
A list of service providers we use in the course of our business can be provided on request.
We may pass on your details if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply any contract or other agreements with you, orto protect our rights, property, or safety of our employees, customers, or others.
This includes reporting information about incidents (as appropriate) to the law enforcement authorities and responding to any requirements from law enforcement authorities to provide information and/or Personal Data to them for the purposes of them detecting, investigating and/or prosecuting offences or in connection with crime sentencing.
Other than the above, or captured herein or in another agreement with you, we will not disclose personal information to any third party without your consent or prior knowledge except in incidences where an individual is potentially at risk or where the law requires it.
Currently, we do not engage in regular international transfers of data unless you are a client that resides outside of the EEA.
Depending on your choice of cookies, there may be one cookie that transfers data to the USA served from Google Analytics namely the “collect” cookie. Google participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.
If we transfer your Personal Data out of the EEA, we ensure an adequate degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- 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.
- 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.
Automated Decision Making refers to a decision which is taken solely on the basis of automated processing of your personal data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As Profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.
We do not use automatic decision-making or profiling.
We follow strict security procedures in the storage and disclosure of your Personal Data, and to protect it against accidental loss, destruction or damage. We take appropriate security measures against unlawful or unauthorised processing of Personal Data, and against the accidental loss of, or damage to, Personal Data. The data you provide to us is protected using modern encryption, intrusion prevention, and account access techniques as appropriate and required. We have put in place procedures and technologies to maintain the security of all Personal Data from the point of collection to the point of destruction.
We maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:
- Confidentiality means that only people who are authorised to use the data can access it.
- Integrity means that Personal Data should be accurate and suitable for the purpose for which it is processed.
- Availability means that authorised users should be able to access the data if they need it for authorised purposes.
We have a documented data retention schedule. Generally, we will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for and for up to seven (7) years afterwards (for purposes related to Revenue requirements) or otherwise permitted by applicable laws. We may also retain your information during the period of time needed to complete our legitimate business operations, including for the purposes of satisfying any legal, accounting, or reporting 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.
We may use your Personal 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 products, services and offers may be relevant for you.
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing. Where appropriate, you will be asked whether you wish to receive any marketing communications from us. We will not share your Personal Data with any third party for marketing purposes. You may object to direct marketing by using the provided unsubscribe and opt out links on communications or contact details herein to opt-out.
Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us to recognise your browser and help us to track visitors to our site for different purposes. Most web browsers automatically accept cookies, but, if you wish, you can set your browser to prevent it from accepting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. We may gather technical information for security reasons. We will make no attempt to identify individual visitors, or to associate the technical details listed below with any individual. We will only use the technical information for statistical and other administrative purposes.
We may collect this technical information from you when you visit our website and accept cookies. This information may include standard information from you (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our website (such as the web pages viewed and links clicked). We do note that your IP address is considered personal data under the GDPR.
Certain information in relation to web usage is revealed via our internet service provider or hosting provider who records some of the following data. Whilst we do not access this information regularly, the technical information may be used to inform our security measures, to allow us improve the information we are supplying to our users, to find out how many people are visiting our sites and for statistical purposes. The information we receive depends upon what you do when visiting our site:
- The IP address you are using.
- The date and time you access our site.
- The pages you have accessed and the documents downloaded.
- The previous Internet address from which you linked directly to our site.
- The user agent used to access our site.
You may withdraw consent at any time by providing an unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify withdrawal of consent to the processing of Personal Data relating to you. If you have any queries relating to withdrawing your consent, please contact our Data Protection Coordinator using the contact details set out below.
Withdrawal of consent shall be without effect to the lawfulness of processing based on consent before its withdrawal.
(i) Categories of Data. (ii) Purpose. (iii) Possible lawful basis for processing
Name and Contact Details
To manage our relationship with you as a customer, supplier or contractor
(a) Performance of a contract with you / (b) Necessary to comply with our legal obligation
Name and Contact Details
To send you marketing material
(a) Necessary for our legitimate interests (ensure sales continue) / (b) Consent
Name and Contact Details; IP address
To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(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 use data analytics to improve our website, products/services, marketing and customer relationships and experiences
(a) Consent / (b) Necessary for our legitimate interest (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)
Name and Contact Details
To respond to your enquiry or feedback
(a) Necessary to comply with a legal obligation / (b) Performance of a contract with you
Name and Contact Details (invoices)
To comply with our tax obligations
(a) Necessary to comply with a legal obligation / (b) Consent
Cookies (IP address)
To manage cookies
(a) Necessary to comply with a legal obligation / (b) Consent
Name and Social Media Handles
To build an online community, disseminate information and to respond to your queries directly.
(a) Necessary for our legitimate interests (customer service)
Under certain circumstances, by law you have the right to:
Request information about whether we hold Personal Data about you, and, if so, what that Personal Data is and why we are holding/using it.
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.
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
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 exercised your right to object to processing (see below).
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. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your Personal Data or profiling of you.
Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request transfer of your Personal Data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
We have appointed a Data Protection Coordinator to monitor compliance with our data protection obligations and with this policy and our related policies. If you have any questions about this policy or about our data protection compliance, please contact the Data Protection Coordinator.
If you wish to exercise your rights please contact our Data Protection Coordinator who will respond to the request within 30 days. We are obliged to comply with exceptions to your requests where laid out in law. Such exceptions relate to health data, disclosures that would be likely to cause serious harm to your physical or mental health or emotional condition and opinions given in confidence. Our Data Protection Coordinator can be contacted as follows:
You as the Data Subject have the right to complain at any time to a supervisory authority in relation to any issues related to our processing of your Personal Data. As our organisation is located in Ireland and we conduct our data processing here, we are regulated for data protection purposes by the Irish Data Protection Commissioner. You can contact the Data Protection Commissioner as follows:
Phone: +353 57 8684800 or +353 (0)761 104 800
Address: Data Protection Office – Canal House, Station Road, Portarlington, Co. Laois, R32 AP23. Or 21 Fitzwilliam Square Dublin 2. D02 RD28 Ireland