1.1 We are committed to safeguarding the privacy of visitors to and users of the Anthesis Client Network ('ACN') ACN and its sub-domains and pages (hereafter referred to as the ‘ACN’).
1.2 We are acting as a data controller with respect to the personal data of our users and visitors; in other words, we determine the purposes and means of the processing of your personal data. This policy does not apply in relation to non-personal data, including data which has been effectively anonymised.
1.3 In addition to our obligations under data protection law with respect to personal data, we also have certain confidentiality obligations relating to the data that you provide to us. Details of those confidentiality obligations are set out in our Terms and Conditions.
1.4 In this policy, "we", "us" and "our" refer to the Anthesis Client Network. For more information about us, see Section 15.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of the ACN ("usage data"). The usage data may include your personal data such as your IP address or referral source. The source of the usage data is our analytics tracking system. See Section 13.1 below regarding cookies for more information about this system. This usage data may be processed for the purposes of analysing the use of the the ACN. The legal basis for this processing is our legitimate interests, namely monitoring and improving the ACN and services.
2.3 We may process your ACN account data ("account data"). The account data may include your username, name, email address, user type, company name or organisation identifier and address (including state/country). The source of the account data is usually you, although in some cases it may be a person appointed by you to provide the data to us. The account data may be processed for the purposes of operating and providing the ACN and our services, ensuring the security of the ACN and our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent (in relation to your use of our services) and our legitimate interest, namely the proper administration of the ACN, our organisation and our projects.
2.4 We may process your personal data that is provided in the course of the use of the ACN to undertake calculations ("assessment data"). The assessment data may include all or some of the information you have provided in order to complete the assessment. A non-exhaustive list might include contact details and location. The source of the assessment data is you or a person appointed by you to provide the data to us. The assessment data may be processed for the purposes of operating and providing the ACN and our services, ensuring the security of the ACN and our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent (where you have asked for an assessment) and our legitimate interests (in other cases), namely the proper administration of the ACN, our organisation and our projects. Note: in some cases the types of data listed in this Section 2.4 will not be personal data and, where data is not personal data, this policy will not apply to that data. However, the obligations (including the confidentiality obligations) in our EULA will still apply to non-personal data.
2.5 We may process information contained in or relating to any communication that you send to us or that we send to you, as well as information in webinar recordings ("communications data"). The communications data may include the communication content and metadata associated with the communication. The communications data may be processed for the purposes of communicating with you, providing services to you and record-keeping. The legal basis for this processing is consent (you wish to use our services) and our legitimate interests, namely the proper administration of the ACN, our organisation and our projects, as well as communications with users and others.
2.6 We may process any data that you supply to us when subscribing to our newsletter ("newsletter data"). This data may be processed for the purpose of sending our newsletter to you and maintaining our subscription database, including managing opt-outs. The legal basis for this processing is consent.
2.7 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.8 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our organisation against legal and other risks.
2.9 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Providing your personal data to others
3.1 The ACN may be administered by non-employed contractors, and we will share your personal data with those contractors to the extent necessary for fulfilling the purposes specified in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 Where you choose to share assessment data using any internal or external data sharing facilities within the ACN, that data will be shared by the ACN with the relevant third-party users of the ACN. Such third parties may take copies of the assessment data and, insofar as the shared data is personal data, will act as independent data controllers with respect to the shared data. If you un-share data using the ACN, that will not affect data that has been previously downloaded by the relevant third party user. The treatment of your personal data in the hands of such third parties will be subject to the privacy policies of those third parties, and not this policy.
3.4 We may disclose our hosting, communications, email marketing, development, support and maintenance services providers insofar as reasonably necessary for the purposes set out in this policy.
3.5 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. Transfers of your personal data outside the EEA
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred from a location within the European Economic Area (EEA) to a location outside the EEA.
4.2 Some of our non-employed contractors may be situated in the USA. Transfers of your personal data to the USA will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en
4.3 Users of the ACN with whom you share assessment data may in some cases be situated outside the EEA. By sharing data using the sharing functionality, you acknowledge that personal data will be transferred to the country or countries in which the person with whom you are sharing the data is situated, and that the protection of personal data in that country or those countries may not be considered adequate by the European Commission.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) usage data will be retained for a period of 18 months following the date of collection;
(b) account data and footprint data will be retained in our live database for 30 days following the date of closure of the relevant ACN account; thereafter, we will retain secure back-ups of the account data and footprint data for a minimum period of 6 years and for a maximum period of 7 years;
(c) communications data will be retained for a minimum period of 5 years following the date of the communication, and for a maximum period of 6 years following that date;
(d) Email digest or newsletter data will be retained for a minimum period of 12 months following the date of any opt-out with respect to the newsletter, and for a maximum period of 24 months following that date, but we shall (unless you instruct us otherwise) retain opt-out information indefinitely to ensure that we do not send any unwanted communications to you.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5.5 Before the end of any retention period, we may anonymise data rather than deleting it, subject to our obligations under the EULA.
6. Security of personal data
6.1 We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
6.2 Data that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
6.3 Stored data will be protected by operating system and database-level authentication systems.
6.4 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
6.5 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing the ACN confidential and we will not ask you for your password (except when you log in to the ACN).
7.1 We may update this policy from time to time by publishing a new version on the ACN.
7.2 We may notify you by email of significant changes to this policy.
8. Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and,
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
9. Third party websites
9.1 Our ACN includes hyperlinks to, and details of, third party websites.
9.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. About cookies
11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
11.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12. Cookies that we use
13. Google Analytics
14. Managing cookies
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you will not be able to use all the features on the ACN.
15. Our details
15.1 This ACN is owned and operated by Anthesis (UK) Limited.
15.2 We are registered in England and Wales under registration number 3409491, and our registered office is at The Future Centre, 9 Newtec Place, Magdalen Road, Oxford, OX4 1RE.
15.3 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on the ACN from time to time; or
(c) by email, using the email address published on the ACN from time to time.