We are nimbld Ltd. We’re a company registered in England and Wales with company number 11892434, whose registered address is 40 Hackamore, Benfleet, Essex SS7 3DU. In this privacy notice we will refer to ourselves as ‘we’, ‘us’ and ‘our’. We are the Data Controller of the personal information we collect, hold and use about you, as explained in this notice.
You can get in contact with us by emailing us at email@example.com.
We take the privacy, including the security, of your personal information very seriously. This privacy notice is intended to inform you about how we collect and use personal information about you. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.
We do not have a Data Protection Officer, but if you have any questions about this privacy notice or issues arising from it, you should contact Carla Viegas, who is responsible for matters relating to data protection at our organisation, including any matters in this privacy notice. You can contact us using the details set out above.
We may issue you with privacy notices from time to time, including when we collect private information about you. This privacy notice is intended to supplement these and does not override them.
We may update this privacy notice from time to time. This version was last updated on 10 June 2020.
1. Key Definitions
The key terms that we use throughout this privacy notice are defined below, for ease:Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal data is collected and stored and how it is used.
Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email-marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.)
Personal Information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living person can be identified. It does not apply to personal information that has been anonymised.
Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.
2. Details of personal information we collect and hold about you
Set out below are the general categories [and details of retention periods in relation to those categories (see section 8 below for more details about retention] and in each case the types of personal information we collect, use and hold about you:
|General Category||Types of personal data in that Category||Retention Periods|
|Identity information||This is information relating to your identity such as your name (including any previous name and titles you use), gender, marital status and date of birth.||Specify how long these types of data will be kept|
|Contact Information||This is information relating to your contact details such as email address, addresses, telephone numbers.||Specify how long these types of data will be kept|
|Account Information||This is information relating to your account with us (including username and password)||Specify how long these types of data will be kept|
|Payment Information||This is information relating to the methods by which you provide payment to us such as [bank account details, credit or debit cards] and details of any payments (including amounts and dates) that are made between us.||Specify how long these types of data will be kept|
|Transaction information||This is information relating to transactions between us such as details of the goods, service and/or digital content provided to you and any returns details.||Specify how long these types of data will be kept|
|Survey information||This is information that we have collected from you or that you have provided to us in respect of surveys and feedback.||Specify how long these types of data will be kept|
|Marketing information||This is information relating to your marketing and communications preferences.||Specify how long these types of data will be kept|
|Website, device and technical information||This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using, details about the time zone and location settings on the device and any other information we receive about your device.||Specify how long these types of data will be kept|
|any other information||types||Specify how long these types of data will be kept|
2.2. The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.
- Details of special information that we collect and hold about you
- Special information is explained in section 1 above. We do not collect or hold any special information about you.
- We do not collect information from you relating to criminal convictions or offenses
- Details of how and why we use personal information
- We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below; but in most cases, we will use your personal information for the following legal purposes:
- Contract reason: this is in order to perform our obligations to you under a contract we have entered into with you;
- Legitimate interests reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests;
- Legal obligation reason: this is where we have to use your personal information to perform a legal obligation by which we are bound; and,
- Consent reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.
- As explained in section 2 above there are more sensitive types of personal data, which require higher levels of protection. Where we possess such sensitive types of personal data, we will usually do this in the following circumstances:
- We have your explicit consent
- Where it is necessary in relation to legal claims
- Where you have made the personal data publicly available
- So that we will be able to provide you with services, we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying services to you.
- It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from supplying the services to you.
- Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case we will confirm that reason to you.
- We have explained below the different purposes for which we use your personal information, and in each case, the legal reason(s) allowing us to use your personal information. Please note the following:
- if we use the Legitimate Interest Reason as the legal reason for which we can sue your personal information, we have also explained what that legitimate interest is; and
- for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal information for that purpose, please contact us using the contact details provided at the start of this privacy notice.
|Purpose||Legal Reason(s) for using the personal information|
|[To enroll you as a customer]||Contract ReasonLegitimate Interests Reason(in order to[offer you other goods, services and/or digital content which helps us develop our business)|
|To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you in order to recover payment||Contract ReasonLegitimate Interests Reason (in order to recover money that you owe to us|
|To manage our contract with you and notify you of any changes||Contract ReasonLegal Obligation Reason|
|To comply with audit and accounting matters||Legal Obligation Reason|
|For record keeping [ including in relation to any guarantees or warranties provided as part of the sale of goods, services and/or digital content||Contract ReasonLegal Obligation Reason|
|To improve the goods, services and/or digital content we supply.||Legitimate Interests Reason [in order to improve the goods, services and/or digital content for future customers and grow our business.|
|To recommend and send communications to you about goods, services and/or digital content you may be interested in. More details about marketing are set out in section 11 below.||Legitimate interests Reason [in order to grow our business]Contract Reason|
|To ensure the smooth running and correct operation of our website.||To ensure our website runs correctly.|
|To understand how customers and visitors to our website use the website and interact with it via data analysis.||To improve and grow our business, including our website, and to better understand our customer’s needs, desires and requirements.|
|Any others||Set out reasons|
4.7 Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other information and you are not identifiable from the combined data we are able to use this.
4.8 Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this and what legal reason is in place to allow us to do this.
- Details of how we collect personal information and special information
- We usually collect [Identity Information][Contact Information][Payment Information][Transaction Information][Survey Information][Marketing Information][Special Information][others] directly from you when you [fill out a form, survey or questionnaire][purchase goods, services and/or digital content from us][contact us by email, phone in writing or otherwise] This includes the personal information that you provide us when you [subscribe to our mailing list][enter a competition or survey]
- We may receive some of your personal information from third parties or publicly available sources.
- Contact Information and Payment Information from our selected third party suppliers, such as (insert name of third party);
- Identity Information and Contact Information from selected data brokers such as (insert name);
- Identity Information and Contact Information from publicly available sources as Company House and (insert sources);
- Website, Device and Technical Information from third parties such as analytics providers (such as Google);
- any other methods by which you collect personal data.
5.3 We may also receive Website, Device and Technical information automatically from technologies such as cookies that are installed on our website. To find out more about these please see our cookies policy, which is available here.
- Details About Who Personal Information May Be Shared With
- We may need to share your personal information with other organisations or people. These organisations include:
- Other companies in our group (who may act as joint data controllers or data processors on our behalf) and who (describe the services they provide that require them to have access to personal information, eg. it services, or describe the reasons it may be shared with them eg. for management reporting)
- Third parties who are not part of our group. These may include:
- Suppliers such as IT support services; payment providers; administration providers; marketing agencies, others who are based in countries
- Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies others who are based in countries
- Our advisers: Such as lawyers, accountants, auditors, insurance companies who are based in countries
- Our bankers who are based in countries
- Credit Reference Agencies who are based in countries
- Email Platforms who are based in countries
- any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser.
6.2 Depending on the circumstances, the organisations or people we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information.
6.3 We do not sell or trade any of the personal information you provide to us.
- Details Of Transfers to Countries Outside of The EEA
7.1 If any transfer of personal information by us will mean that your personal information is transferred outside of the EEA, then we will ensure that safeguards are in place to ensure that a similar degree of protection is given to your personal information as is given to it within the EEA and that the transfer is made in compliance with data protection laws (including, where relevant, any exceptions to the general rules on transferring personal information outside of the EEA that are available to us – these are known as ‘derogations’ under data protection laws). We may need to transfer personal information outside of the EEA to other organisations within our group or to the third parties listed above in section 6 who may be located outside of the EEA.
7.2 These safeguards set out in data protection laws for transferring personal information out of the EEA include:
- where the transfer is to a country or territory that the EU Commission has approved as ensuring an adequate level of protection;
- where personal information is transferred to another organisation within our group, under an agreement covering this situation, which is known as ‘binding corporate rules’;
- having in place in a standard set of clauses that have been approved by the EU Commission;
- compliance with an approved code of conduct by a relevant data protection supervisory authority (in the UK, this is the Information Commissioner’s Office (ICO));
- certification with an approved certification mechanism;
- where the EU Commission has approved specific arrangements in respect of certain countries, such as US Privacy Shield, in relation to organisations that have signed up to it in the USA.
- Details about how Long we will hold your Personal Information
- We will only hold your personal information for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims including in relation to guarantees or warranties that we have provided with the services.
- We have set out the details of our retention periods for different types of data. You can find them in Section 2 and also in Section 3.
- Automated Decision Making
- ‘Automated decision making’ is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).
- Data protection laws place restrictions upon us if we carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you.
- We do not carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this.
- You Rights under Data Protection law
- Under data protection laws you have certain rights in relation to your personal information, as follows:
- Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
- Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
- Right to erasure: (‘this is often called the ‘right to be forgotten’). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
- Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
- Right to data portability: this right allows you to request us to transfer your personal information to someone else.
- Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing your personal information where our legal reason for doing so is the Legitimate Interests Reason (see Section 4 above) and there is something about your particular situation that means you want to object to us processing your personal information. In certain circumstances you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).
- In addition to the rights set out in Section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details of this are set out in section 4.5.
- If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note:
- we may need certain information from you so we can verify your identity;
- we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
- if your request is unfounded or excessive, then we may refuse to deal with your request.
- You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.
- However we will give you the opportunity to manage how or if we market to you. In any email that we send to you, we provide a link to either unsubscribe or opt out, or to change your marketing preferences. If you have an account with us you can login to your account and manage your preferences there too. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.
- If you do request that we stop marketing to you, this will not prevent us from sending communications to you that are not to do with marketing (for example in relation to services you have purchased from us).
- We do not pass your personal information on to any third parties for marketing purposes.
- If you are unhappy about the way we have handled or used your personal information you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect to our handling of our handling or use of your personal information, so that we have an opportunity to discuss this with you and take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.
- Third Party Websites
Our website may contain links to third party websites. If you click and follow these links, then these will take you to the third-party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.