PRIVACY POLICY

YOUR PRIVACY IS IMPORTANT TO US, PLEASE READ THE FOLLOWING TO FULLY UNDERSTAND OUR PRIVACY POLICY.

This Privacy Policy was last updated: 3^rd September 2019

1. About Us

Brand Clever Limited (“Brand Clever”) operates the website, www.brandclever.co.uk. Our office address is COLBEA, 1 George Williams Way, Colchester, Essex CO1 2JS. We are registered in England and Wales under company registration number 08319393.

Brand Clever manages personal data as a Data Controller, and we recognise and act on our obligations under applicable data protection law. For issues relating to data protection you can contact us by email to elisa@brandclever.co.uk

2. Policy Statement

Brand Clever recognises the trust you place in us when you share personal data with us. We are committed to being open, honest and transparent with our use of personal data.

This Privacy Policy provides you with details of the personal data we collect when we engage with you, how we will use and look after your personal data and your privacy rights. We will take all reasonable steps to ensure that personal data is safeguarded and kept in accordance with applicable data protection law. By providing us with your personal data, you warrant that you are over 18 years of age.

Policy Acceptance

Use of this website https://brandclever.co.uk constitutes your legal agreement to the terms within this Privacy Policy and your acceptance of the policy is deemed to occur upon your first use of the website. You are required to read and accept this Privacy Policy when you make engage with us. The details contained within this policy may change from time to time and on each visit to the website you should refer to this page to ensure that you are aware of and accept any changes.

4. What personal data do we collect?

Personal data is any information relating to an identified or identifiable individual. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you when we engage with you. This may include the following categories:

Identity Data – title, first name, last name or similar identifiers. If you interact with us through social media, this may include your social media user name;
Contact Data – billing address, email address and telephone numbers;
Financial Data – bank account and payment card details;
Transaction Data – details about services you have purchased from us;
Technical Data – includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to access this website;
Profile Data – your username and password, purchases or orders made by you, your interests, preferences, images and videos uploaded, feedback and other responses;
Geographical Data – information setting out your primary address to control the use of location services in most mobile devices and desktop settings;
Usage Data – information about how you use our website and services;
Marketing and Communications Data – includes your preferences in receiving marketing from us and our third parties and your communication preferences.

5. How do we collect personal data?

We use different methods to collect data from and about you, through:

Contact / Get In Touch

Personal details provided when contacting us through the website are processed so that we can respond to your communications with details of our services and answer any queries. Data is held on the grounds of being legitimate to our business interests.

Emails

We retain copies of emails sent to us and any personal data will be held in accordance with this Privacy Policy on the basis of being legitimate to our business interests.

Telephone calls

Calls to us may be recorded (including notes made on any matter discussed) and any data relating to the call may be retained by us on the basis of being for our legitimate business interests or in order to fulfil our contractual obligations if you are a client of ours.

Other direct interactions

You may give us your data by filling in forms or by corresponding with us by post, or through social media. This includes personal data you provide when you: sign up to receive our services; make enquiries or request information be sent to you; use our services; ask for information to be sent to you; engage with us on social media; submit feedback; contact us direct; or leave comments or reviews on our services.

Social media

We use social media to engage with users and link to our Twitter pages. We do not keep any specific data that identifies an individual user but hold details of our followers on these platforms. You should refer to the Privacy Policy of these channels to understand how they treat your data in relation to linking to our site.

Twitter: https://twitter.co.uk/privacy

If you send us a direct message via social media, the details may be retained by us only as relevant to any ongoing contract or to further our legitimate business interests or as required for legal purposes. The third-party provider may also retain details in accordance with their Privacy Policy.

Reviews

We may ask for a review of our services and these may be published on our website or social media, if you give your consent for us to do so. You may withdraw your consent at any time.

Visits to our website

When you visit our website, we do not attempt to identify you as an individual user, and we will not collect personal data about you unless you specifically provide this to us.

As you interact with our website, technical data may be automatically processed through the use of cookies, details of which are explained in our Cookie Policy.

Special categories of personal data

We do not generally 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.

Children

We do not market this website at those under 18 years old. Consistent with the GDPR we will never knowingly request personally identifiable information from anyone under the age of 16 years old.

We will take appropriate steps to delete any personal data of individuals less than 16 years of age that has been collected on our website upon learning of the existence of such data.

6. Information we get from other sources

From time to time, we may need to obtain information from third parties about you. This will only apply where it is necessary to provide our services and as permitted by law.

We may receive personal data relating to your identity and contact data from data partners, data from any third parties who are permitted by law or have your permission to share your personal data with us.

7. How we use your data

UK data protection law requires us to have a “legal basis” for processing personal data. The legal bases we rely on are:

Performance of a contract we are about to enter into or have entered into with you;
Compliance with a legal or regulatory obligation;
Carrying out activities that are legitimate to our business interests;
However, generally, we shall not rely on consent as a legal basis for processing your personal data other than where the law requires it. Where our legal basis is consent, you have the right to withdraw consent any time.

We may use the personal data we collect from you as outlined in this table:

Use of personal data	Type of data	Legal basis
To register you on our website	(a) Identity (b) Contact	Performance of a contract or to take steps to enter into a contract
To provide, manage and personalise our services to you, respond to communications	(a) Identity (b) Contact	Where necessary for the perform of our agreement or to take steps to enter into an agreement It is in our legitimate interests to make sure that our customer accounts are well-managed, and to provide a high standard of service
To process payments for our services	(a) Identity (b) Contact (c) Financial (d) Transaction	Performance of a contract Necessary to comply with a legal obligation
To administer and improve the website	(e) Technical (h) Usage	It is in our legitimate interests to develop and improve our products and services, so that we can continue to provide products and services that our customers want to use, and to make sure we continue to be competitive
To send email notifications which have been specifically requested	(a) Identity (b) Contact	It is in our legitimate interests to give you information about our products and services that you may be interested in
To send marketing communications, where expressly agreed	(a) Identity (b) Contact (i) Marketing and Communications	In the case of electronic marketing we have your consent to do so
To provide third parties with statistical information about our users	(e) Technical (h) Usage	It is in our legitimate interests to better understand how our customers use our products and what changes we could make to improve them
To ask for feedback, a testimonial or review	(a) Identity (b) Contact	It is in our legitimate interests to better understand how our customers use our products and what changes we could make to improve them
To deal with enquiries and complaints made by or about you relating to the website	(a) Identity (b) Contact (e) Technical (h) Usage	It is in our legitimate interests to make sure that our customer accounts are well-managed, so that our customers are provided with a high standard of service
To recover debt and exercise other rights we have under any agreement with you, as well as to protect ourselves against harm to our rights and interests in property	(a) Identity (b) Contact (c) Financial (d) Transaction	Where necessary to perform a contract or to take steps to enter into an agreement with you Where the law requires this It is in our legitimate interests to ensure that we can recover debts owed to us, as well as making sure our assets are protected

Users contacting this website and/or its owners do so at their own discretion and provide any such personal data requested at their own risk. Your personal data is kept private and stored securely until a time it is no longer required or has no use.

Our legitimate interests

When we use our legitimate interests as the legal basis for processing your personal data, we will consider and balance any potential impact on you and your rights before we process your personal data. We will only then proceed where we believe our interests are not overridden by the impact on you. Our legitimate business interests include the management of our business operations.

8. Sharing Information

Disclosure

We don’t share, sell, or distribute your data to third parties, except as contractually agreed with you or as provided in this Privacy Policy. We may disclose your personal data if we are required to do so by law, in connection with any legal proceedings, and in order to establish, exercise or defend our legal rights, or if otherwise legally permitted.

Data Processors

We may use Data Processors who act on our instruction in relation to the management of your data and they must adhere to all data protection laws and regulations. We will ensure that any Data Processors used only operate on our written instructions and comply with their obligations under the GDPR. You will be informed of any other Data Controllers who have access to your data and who may determine processing activities separately to us, or as a Joint Data Controller.

Marketing

We may carry out direct marketing by email, phone, text or post, where we have a lawful basis to do so.

We will ask for your consent to receiving marketing communications (including newsletters) when you register on the website and you have the option not to give consent and to withdraw consent given at any time. You may withdraw your consent for us to contact you by email to admin@brandclever.co.uk. We may continue to contact you for non-marketing purposes if there is another lawful basis to do so.

Non-personally identifiable information may be provided to third parties for marketing, advertising or other uses.

External links

Users of the website are advised to adopt a policy of caution before clicking on any external web links. Clicking an external link will take the user away from our website. Once you leave our website or are redirected to a third-party website, plug-in or application, you are no longer governed by this Privacy Policy or our website’s terms and conditions. We cannot guarantee or verify the contents of any externally linked website and users click on external links at their own risk. Brand Clever and its owners cannot be held liable for any damages, or the consequences of visiting any external links.

Social media platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are subject to our terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate and/or engage with them with due care and caution in regard to their own privacy and personal details. This website nor its owners will not ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

Brand Clever uses social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised that before using such social sharing buttons, that they do so at their own discretion, and should consider that the social media platform may track and save requests to share a web page, through the users’ social media platform account.

Payment processing

We do not process any payment for our services though our website or online. All payment transactions are carried out securely by our accounts staff ensuring data is safeguarded at all times and handled in accordance with recognised industry standards.

9. Data Retention

We keep your personal data in accordance with our Data Retention Policy which reflects our needs to provide contracted services and to meet our legal, statutory and regulatory obligations. The need to retain information is regularly reviewed and data will be disposed of when no longer required.

10. Data Security

We have in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such system and are required to keep the information confidential.

We take appropriate steps to ensure processing of personal data is carried out safely, however, we cannot guarantee the security of data transmitted through our website or by email. Any transmission is at the users’ own risk.

11. Data Storage and International Transfers

Any information that you supply to us may be stored and processed on servers outside of the European Economic Area (EEA). When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law.

In the case of US based entities, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield; or
In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.

12. Rights of Data Subjects

Brand Clever recognises a data subjects rights and will uphold these in accordance with data protection laws. You are entitled to see the information held about you and you may ask us about any of the following:

Subject access requests (SAR)

Data subjects (i.e. individuals) have the right to access personal data held by us by submitting a subject access request by email to admin@brandclever.co.uk. We will endeavour to respond quickly to any such request, which legally requires us to respond within one month of receiving the request and necessary information. In limited circumstances a fee may apply.

Right to rectification

Data subjects have the right to request that personal data is amended or changed if it is inaccurate or incorrect. We will act on any such request without delay.

Right to erasure

Data subjects have the right to ask us to delete personal data from our systems without giving any reason and at any time. We will act on any such request without delay.

Right to restrict processing

Data subjects have the right to rectification or erasure of personal data in the following circumstances:

Personal data is not accurate;
The processing of data is unlawful;
Data is required to exercise legal rights or defend legal claims;
Data is unlawful, although there may be lawful grounds for processing, which override this right.

Right to data portability

Data subjects have the right to obtain and request the transfer of their data to different service providers.

Right to object

Data subjects have the right to object to the processing of personal data at any time based on their particular situation. This includes objecting to profiling unless it is in the ‘public interest’ or exercised lawfully by an official authority. We will only process data if permitted to do so on a valid legal basis.

Right not to be subject to decisions based on automated processing

We do not use any automated processing that results in any automated decision based on a data subject’s personal data.

Using your rights

If you wish to invoke any of these rights, you should contact the person responsible for data protection by email to admin@brandclever.co.uk

There is usually no fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in limited circumstances.

13. Data Breaches

We will report any unlawful breach of data as required by the GDPR within 72 hours of the breach occurring, if it is considered that there is an actual, or possibility, that data within our control including the control of our data processors, has been compromised. If the breach is classified as ‘high risk’ we will notify all data subjects concerned using an appropriate means of communication. We will report any relevant breaches to the ICO, see below.

14. Changes to our Privacy Policy

We reserve the right to change this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. You will be deemed to have accepted any changes to the terms of the privacy policy on your next visit of the website following the amendment.

15. Reporting Complaints

If you want to raise a concern about the use of your personal data, you can contact us by email to INSERT

Alternatively, you can formally raise a concern or complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection.

Address: Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

Website: https://ico.org.uk/concerns

COOKIES POLICY

Like many other websites, Brand Clever uses cookies. This policy explains our use of cookies and the choices you have in relation to your use of these when using our website.

This Cookie Policy was last updated: 3^rd September 2019

1. What are Cookies?

Cookies are small files saved to the user’s computer hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server, to provide the user with a tailored experience when navigating the website. Session cookies may be used to validate your access to different parts of the website.

2. Disabling Cookies

If you are uncomfortable with the use of cookies, you can disable cookies on your device by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your device. You can also delete any cookies that are already stored on your device. However, please be aware that if you do delete and block all cookies from our website, parts of the site may not fully function.

3. How we use Cookies

The website uses cookies to help us identify and track visitors, their usage of the website, and their website access preferences. Cookies are a used to identify and distinguish you from other users on the website.

Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer or device. This complies with UK and EU legislation which requires that explicit consent is given by users before reading files are left, or applied, on a user’s computer or device.

4. Consent

If you accept the use of Cookies on this website, you consent to the processing of data about you by us and any third parties as identified above in accordance with this Cookie Policy and our Privacy Policy. You have the right to withdraw your consent at any time by sending an email to admin@brandclever.co.uk. Withdrawal of consent will not affect the lawfulness of processing before the withdrawal.

5. Types of Cookies

The types of Cookies we use are:

Strictly necessary cookies. These cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
Analytical/performance cookies. These help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
Functionality cookies. These are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.
Targeting cookies. This information to make our site and the advertising displayed more relevant to your interests. We may also share this information with third parties for this purpose.

Cookies can be placed for a user’s session and will disappear as soon as the browser software is closed or the computer is turned off, or cookies may be persistent and will remain on the device.

6. Cookies we use

The below cookies are necessary for the operation of our website:

COOKIE	PROVIDER	TYPE	USE	RETENTION PERIOD
STATISTICS
_ga	brandclever.co.uk	HTTP	Registers a unique ID	2 years
_gat	brandclever.co.uk	HTTP	Used by Google Analytics to throttle request rate	1 day
_gid	brandclever.co.uk	HTTP	Registers a unique ID	1 day
collect	google-analytics.com	Pixel	Used to send data to Google Analytics about the visitor’s device and behaviour.	Session
MARKETING
r/collect	doubleclick.net	Pixel	Used to send data to Google Analytics about the visitor’s device and behaviour. It tracks the visitor across devices and marketing channels.	Session

7. Analytics

Brand Clever uses tracking software provided by Google Analytics to monitor its visitors, and to better understand how they use the site. This software uses cookies to track visitors’ usage. The software will save a cookie to the user’s hard drive in order to track and monitor engagement and usage of the website. The cookie will not store, save or collect personal information.

Google’s Privacy Policy is available at http://www.google.co.uk/privacy.html. Users may opt-out from having their data collected by disabling the tracking.

8. Important Information

Questions and queries

If you have any concerns about how we handle your data, you can contact the person responsible for data protection by email to admin@brandclever.co.uk

Changes to this policy

We reserve the right to change this Cookies Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. You will be deemed to have accepted any changes to the terms of this Cookies Policy on your next visit of the website following the amendment.

Complaints

If you wish to raise a concern about the use of your data, you can contact us by email to admin@brandclever.co.uk. Alternatively, you can formally raise a concern or complaint to the Information Commissioner’s Office (ICO) directly on 0303 123 1113, or see the options for reporting issues on https://ico.org.uk/concerns/

Further information

Guidelines for the processing and handling of personal data are available from the Information Commissioner’s Office, the UK supervisory authority on data protection, see www.ico.org.uk

Information is also available at www.ec.europa.eu/ipg/basics/legal/cookies/index_en.html

Privacy Policy