Ocuco Limited – Privacy & Cookies Policy
2022
- who we are
Your privacy is of paramount importance to us. This privacy and cookies policy (the “Policy”) applies to the Business and the Ocuco.com website (the “Website”) and services related thereto (the “Service”). This Policy is designed to protect you, our users, by informing you what personal data is collected, how we will use the information about you, with whom we share it, how long we keep it and how to contact us if you have any queries or concerns about our use of your personal information. Your use of the Website is subject to your agreement with this Policy.
In this Policy, the term “Personal Data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below). Please read the following carefully. Use of our Website or otherwise accepting the terms of this Policy indicates that you have reviewed this Policy and have agreed to be bound by it. If you do not agree to these terms you must leave our Website immediately. If you no longer consent to our processing of your personal data, you may request that we cease such processing by contacting us via the ‘How to Contact Us’ facility referred to below in Section 14.
We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and any other applicable law or regulation relating to the processing of Personal Data and to privacy, including the E-Privacy Directive 2002/58/EC and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be supplemented, amended, revised or replaced from time to time.
We are a controller (as defined in Data Protection Legislation) in relation to any Personal Data which we collect from you directly through your use of our Website or otherwise in the context of the provision of the Service. We are a processor in respect of Personal Data provided to us by our Clients in the context of their usage of the Service. We act on the instructions of the Client in these circumstances. This Policy sets out the basis on which any such Personal Data will be processed by us. You may be a data subject (as defined in Data Protection Legislation) or you may be a controller. When you are a controller in respect of the Personal Data of other data subjects, then you must comply with all of your controller obligations under Data Protection Legislation.
- Information we gather from you
We may collect the following Personal Data from you or be provided with this information by our Clients:
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- basic information, such as your first and last name (including prefix or title);
- contact information, such as your billing, home and/or business postal address, email address and phone number(s);
- profile information, including your username and password, orders made by you, your organisation, and feedback and survey responses;
- financial information, including your VAT number, bank account or card details and bank account details for payment processing purposes;
- newsletter information, which is information provided by you when you opt-in to receive our newsletter;
- technical information, such as information from your visits to our Website or applications (including internet protocol (IP) address and login data, browser or client application information, language preference, operating system and application version, device type and ID, and device model and manufacturer, and other technology on the devices you use to access the Website) or in relation to materials and communications we send to you electronically and
- any other information relating to you which you or our Clients may provide to us.]
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We endeavour to keep Your Personal Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible.
If you are aged under 18, please get your parent/guardian’s permission before you provide Your Personal Data to us.
- Why we collect/have access to your information
We may use Your Personal Data on any one or more of the following legal bases: (i) to perform a contract with you; (ii) for our legitimate business purposes in providing the Service to our Clients (in which case, our legitimate interests will not override your fundamental privacy rights); and/or (iii) in limited circumstances, where you have given us your express consent. Where our Client provides Your Personal Data to us in the context of the provision of the Services then we, as a processor, rely on the Client’s legal bases for processing Your Personal Data as controller and act on the Client’s instructions.
We have set out below, in a table format, a description of all the ways we plan to use Your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Note that we may process Your Personal Data for more than one legal basis depending on the specific purpose for which we are using Your Personal Data. Please contact us if you need details about the specific legal basis we are relying on to process Your Personal Data where more than one ground has been set out in the table below.
| Purpose | Categories of data |
Legal basis for processing and, where necessary, the basis of legitimate interest |
| To respond to an enquiry from you. | basic information, and contact information. |
Necessary to take steps at your request prior to entering into a contract with you. |
| To process your order for Services. | basic information, contact information, and profile information. |
Performance of a contract with you. |
| To make suggestions and recommendations to you about services that may be of interest to you. |
basic information, contact information, profile information, and newsletter information. |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
| To administer and protect our business and our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). |
basic information, contact information, profile information, newsletter information, and technical information. |
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) |
| To provide and improve our Website, including auditing and monitoring its use, providing and improving our Service to you and managing and administering our relationship with you. | basic information, contact information, marketing information, and technical information. |
Necessary for our legitimate interests to provide and improve our Website, including auditing and monitoring its use; providing and improving our Service to you; or managing and administering our relationship with you; Necessary to fulfil our legal, regulatory and risk management obligations. |
Where we wish to use Your Personal Data in any other way, we will ensure that we notify you and get your consent first. You will be given the opportunity to withhold or withdraw your consent for the use of Your Personal Data for purposes other than those listed in this Policy.
Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a better experience when you browse our Website and also allows us to improve our site. They also help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly. A cookie is a small text file that is placed on your device by a web server that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
[We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
- Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily and to see how effective and relevant advertising on our Website is.
- Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or location) and remember if we have already asked you for feedback or to complete a survey.
- Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. ]
We use Google tracking cookies to understand if you complete certain actions on our Website after you have seen or clicked through one of our adverts served via Google. Based on the content you have engaged with on our Website, Google delivers some targeted advertisements across other Google partner websites. For more information, visit: https://support.google.com/ads/answer/2662922?hl=en.
The ‘Help Menu’ on the menu bar of 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 and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.
For more information about cookies and managing them including how to turn them off, please visit www.cookiecentral.com. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to fully experience the interactive features of our Service/Website or other related websites/applications which you visit/use.
- Are there cases where we may use your information to contact you
- for administration reasons related to the Service (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us;
- to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our Website, by email or via the ‘How To Contact Us’ facility referred to below;
- to invite you to participate in surveys about our services (participation is always voluntary).
- for direct marketing purposes.
- What rights do you have
- the right of access to Your Personal Data;
- the right to correct any mistakes in Your Personal Data;
- the right to ask us to stop contacting you with direct marketing;
- [rights in relation to automated decision making]
- the right to restrict or prevent Your Personal Data being processed;
- the right to have Your Personal Data ported to another data controller;
- the right to erasure; and
- the right to complain to the DPC if you believe we have not handled Your Personal Data in accordance with Data Protection Legislation.
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of Your Personal Data, please contact us (see ‘How to Contact Us’ below). We will respond to any rights that you exercise within one month of receiving your request, unless the request is particularly complex in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond).
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- Right of access to Your Personal Data
- a summary of such Personal Data and the categories of Personal Data held (see Sections 2 and 3 above);
- details of the purpose for which it is being or is to be processed (see Section 3 above);
- details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are outside the European Economic Area (“EEA”) and what protections are used for those transfers outside the EEA (see Section 8 below);
- details of the period for which it is held or the criteria we use to determine how long it is held (see Section 12 below);
- details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 6);
- any information available about the source of that data (see Section 2 above);
- whether or not we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling (see Section 6.4 below)
- where Your Personal Data are transferred out of the EEA, what safeguards are in place (see Section 8 below).
Details in respect of the above points are all set out in this Policy; however, if you need further clarification, please contact us (see ‘How to Contact Us’ below).
Requests for Your Personal Data must be made to us (see ‘How to Contact Us’ below) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
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- Right to update Your Personal Data or correct any mistakes in Your Personal Data
- email or write to us (see ‘How to Contact Us’ at Section 14 below);
- let us have enough information to identify you (e.g. name, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
If we are required to update Your Personal Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to Contact Us’ at Section 14 below).
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- Right to ask us to stop contacting you with direct marketing
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- [Click on ‘unsubscribe’ on an email (this will be instantaneous);
- Respond ‘stop’ on an SMS (this will be instantaneous) to a number notified to you; or
- Send an email via ‘How to Contact Us’ at Section 14 below (this can take up to 5 working days).]
We will provide you with information on action taken on a request to stop direct marketing - this may be in the form of a response email confirming that you have ‘unsubscribed’. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications required for the delivery of the Service.
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- [Rights in relation to automated decision making
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We do not attempt to collect further data without user consent that enables personally identifiable profiling of our users.]
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- Right to restrict or prevent processing of Your Personal Data
- you do not think that Your Personal Data is accurate (but we may start processing again once we have checked and confirmed that it is accurate);
- the processing is unlawful but you do not want us to erase Your Personal Data;
- we no longer need Your Personal Data for our processing; or
- you have objected to processing because you believe that your interests should override the basis upon which we process Your Personal Data.
If you exercise your right to restrict us from processing Your Personal Data, we will continue to process the Personal Data if:
- you consent to such processing;
- the processing is necessary for the exercise or defence of legal claims;
- the processing is necessary for the protection of the rights of other individuals or legal persons; or
- the processing is necessary for public interest reasons.
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- Right to data portability
- the processing is based on your consent or for the performance of a contract; and
- the processing is carried out by automated means.
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- Right to erasure
- we do not need Your Personal Data in order to process it for the purposes set out in this Policy;
- if you had given us consent to process Your Personal Data, you withdraw that consent and we cannot otherwise legally process Your Personal Data;
- you object to our processing and we do not have any legal basis for continuing to process Your Personal Data;
- Your Personal Data has been processed unlawfully or have not been erased when it should have been; or
- the Personal Data have to be erased to comply with law.
We may continue to process Your Personal Data in certain circumstances in accordance with Data Protection Legislation. iWhere you have requested the erasure of Your Personal Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
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- Right to complain to the DPC
- Withdrawal of Consent
- Who we share your information with
We restrict access to Your Personal Data to employees, contractors, and agents who need such access in order to operate, develop, or improve our Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations. We may also share Your Personal Data with our third party suppliers who assist us in the provision of the Service.
We also share Your Personal Data with various third parties such as business partners, suppliers and sub-contractors for the performance of any contract we enter into with them (subject to having appropriate contracts in place with such third parties to ensure compliance with Data Protection Legislation).
Your Personal Data may be transferred to, stored at, or accessed from a destination outside the EEA for the purposes of us providing the Service. It may also be processed by staff operating outside the EEA who work for us, another corporate entity within our group, or any of our suppliers. We will take all steps reasonably necessary to ensure that Your Personal Data is treated securely and in accordance with this Policy. The safeguards in place with regard to the transfer of Your Personal Data outside of the EEA to third parties shall include (but shall not be limited to) the entry by us into appropriate contracts with all transferees of such data and the carrying out of risk assessments and adoption of supplementary and/or mitigating measures to ensure compliance with Data Protection Legislation.
All information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access any part of our Service, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorised to use the Service.
- Third Party Websites
- How do we protect your personal dATA
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Personal Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Personal Data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Your Personal Data, we cannot guarantee the security of any data transmitted to us and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that our Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Your Personal Data arising from such risks.
- Breach Reporting
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting Your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a Personal Data breach where:
- we have implemented appropriate technical and organisational measures that render Your Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
- we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
- it would involve disproportionate effort, in which case we may make a public communication instead.
- Retention of Personal Data
Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyse personal characteristics about you.
- Amendments to Policy
- How to contact Us