PRIVACY POLICY

KIRMADA LTD, a company registered in England and Wales, with company number, 12457948 (we, us or our), understands that protecting your personal data is important. This Privacy Policy sets out our commitment to protecting the privacy of personal data provided to us, or otherwise collected by us when providing our website and software (Services) or when otherwise interacting with you.

It is important that you read this Privacy Policy together with any other detailed privacy notices we may provide when we are collecting or processing personal data about you so that you understand our privacy practices in relation to your data.

The information we collect

Personal data: is information that relates to an identified or identifiable individual.

We may collect, use, store and disclose different kinds of personal data about you which we have listed below:

• Identity Data including first name, last name, job title, and the organisation you work for.
• Contact Data including billing address, email address and telephone number.
• Financial Data including bank account and payment card details (through our third party payment processor, Stripe).
• Transaction Data including details about payments from you to us.
• Technical and Usage Data including internet protocol (IP) address, your login data, your browser session, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
• Profile Data including your email address and password for the Kirmada software, support requests you have made through the software, the names of your workspaces on the software, the URLs you currently have open in those workspaces, encrypted usernames and passwords associated with those URLs, timestamps and activity-types of your usage (for use in timesheets), information you make available by linking your social media accounts (User ID, URLs, name, profile pictures, analytical information etc.), content you create in linked social media accounts, advertising criteria you select in linked social media accounts, your social media posting schedule, and any other data you enter into the schedule through the Kirmada software. If you use our cloud storage (Resource Centre), the metadata associated with the files and folders you upload or create (e.g., filename, filetype, file size) may be known to us. If you use our timesheet functions, we will also collect data such as your hourly billing rate and budgets you assign to your workspaces.
• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
• Affiliate Data including first name, last name, email address, password for your ‘affiliate’ account, website, referral history, commission history, PayPal account and any other information volunteered by you during your affiliate application.
• Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
• Special Categories of Personal Data is a special category of personal data that 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. We do not actively request special categories of data about you, nor do we collect any information about criminal convictions and offences. If at any time we need to collect special categories of data about you, we will only collect it and use it as required or authorised by law.

How we collect personal data

We collect personal data in a variety of ways, including:

• Directly: We collect personal data which you directly provide to us, including when you register for an account, through the ‘contact us’ form on our website or when you request our assistance via email, or over the telephone.
• Indirectly: We may collect personal data which you indirectly provide to us while interacting with us, such as when you use our Services, in emails, over the telephone and in your online enquiries.
• From third parties: We collect personal data from third parties, such as from your employer where they invite you to access our Services and details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

Purposes and legal bases for processing

We collect and process personal data about you only where we have legal bases for doing so under applicable laws. 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 lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.  

If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services. Further information about your rights is available below.

Our disclosures of personal data to third parties

We may disclose personal data to:

• our employees, contractors and/or related entities;
• IT service providers, marketing and advertising providers, external contractors, data storage, web-hosting and server providers, and third party integration providers such as:
  • Apply SIA
  • G2 Crowd, Inc.
  • Giphy, Inc.
  • GitHub, Inc.
  • Google, LLC
  • Hotjar Ltd
  • HubSpot Inc.
  • Img.ly GmbH
  • Intuit Mailchimp
  • LinkedIn Corporation
  • Meta Platforms, Inc.
  • Microsoft Corporation
  • N Squared Digital LLC
  • Reditus B.V.
  • Ruby Receptionists, Inc.
  • Stripe, Inc.
  • Timersys WP LLC
  • Tripetto
  • Usercentrics A/S
  • Incsub LLC
  • X Corp
  • Zapier, Inc.
• professional advisors, bankers, auditors, our insurers and insurance brokers;
• payment systems operators such as Stripe;
• our existing or potential agents or business partners;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Meta Pixel or other relevant analytics businesses; and
• any other third parties as required or permitted by law, such as where we receive a summons.

Google Analytics: We have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, and Google Display Network Impression reporting. We and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here.  To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

Overseas transfers

Where we disclose personal data to the third parties listed above, these third parties may store, transfer or access personal data outside of the United Kingdom or European Union. The level of data protection in countries outside of the United Kingdom may be less comprehensive than what is offered in the United Kingdom. Where we transfer your personal data outside of the United Kingdom, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal data in accordance with this Privacy Policy.

This includes:

• only transferring your personal data to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal data; or
• including standard contractual clauses in our agreements with third parties that are overseas.

Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

Your rights and controlling your personal data

Your choice: Please read this Privacy Policy carefully. If you provide personal data to us, you understand we will collect, hold, use and disclose your personal data in accordance with this Privacy Policy. You do not have to provide personal data to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal data about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal data about somebody else, you represent and warrant that you have such person’s consent to provide the personal data to us.

Access, correction, processing and portability: You may request details of the personal data that we hold about you and how we process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal data rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal data to a third party and, in some circumstances, to have personal data relating to you transferred to you or another organisation.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Withdraw consent: Where we are relying on consent to process your personal data, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 

Storage and security

We are committed to ensuring that the personal data we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. For more information about the cookies we use or to update your consent, please click on the Cookie Consent icon on the bottom left of our website and choose “Change Consent”.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal data which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Personal data from social network accounts

If you connect your account with us to a social network account, such as Facebook or LinkedIn, we will collect your personal data from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.

The personal data that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal data you choose to share.

We use the personal data we receive from the social network to connect your social media account to our platform, including to allow you to schedule posts from you social media accounts through our Kirmada software. 

If you agree, we may also use your personal data to give you updates on the social network which might interest you. We will not post to your social network without your permission.

Where we have accessed your personal data through your Facebook account, you have the right to request the deletion of personal data that we have been provided by Facebook. To submit a request for the deletion of personal data we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal data you would like deleted. If we deny your request for the deletion of personal data, we will explain why.

Amendments

We may change this Privacy Policy from time to time. We will notify you if we make a significant change to this Privacy Policy, by contacting you through the contact details you have provided to us and by publishing an updated version on our website.

California Consumer Privacy Act (CCPA)

CCPA provides California residents with the following rights:

Right to Access

On receiving an access request, we will provide you with the following information within 45 days of your request:

• The categories of personal information that Kirmada has collected about you
• The categories of sources of your Personal Information
• The business or commercial purpose for collecting or selling your Personal Information
• The categories of any third parties with whom we share your Personal Information
• The specific pieces of Personal Information collected about you

Right to Deletion

You have the right to request the deletion of the Personal Information that we hold on you. However, this right does not apply where we need to retain your Personal Information to do any of the following:

• Provide goods or services to the consumer
• Detect or resolve issues security or functionality-related issues
• Comply with the law
• Conduct research in the public interest
• Safeguard the right to free speech
• Carry out any actions for internal purposes that the consumer might reasonably expect

Right to Non-Discrimination

You will not be discriminated against for having exercised your rights under the CCPA. We will not:

• Deny you access to our services
• Charge you different prices for our services than we charge others, whether through denying benefits or imposing penalties
• Provide you with inferior service levels
• Threaten you with any of the above

Personal Information We Sell

We do not sell your personal information and we have not sold personal information in the last 12 months.

Exercising your CPA Rights

You can contact our CPA Office at cpa@kirmada.com.

Please ensure the subject line includes the word “CPA” as emails may otherwise be discarded by our spam protection.

All requests under your CPA rights will be responded to within 45 days.

For any questions or notices, please contact us at:

KIRMADA LTD, a company registered in England and Wales, with company number, 12457948.

Email: privacy@kirmada.com

Last update: 15 May 2024