REALSENSE Privacy Policy
THIS REALSENSE PRIVACY POLICY WAS ISSUED ON 25th MAY, 2018.
REALSENSE Solutions Ltd (REALSENSE) and organisations associated with REALSENSE as part of the provision of the REALSENSE Websites and REALSENSE Online Services (“REALSENSE”, “we” or “us”) are committed to protecting and respecting your privacy.
REALSENSE does not sell, trade, or rent your personal information to others. This policy discloses the privacy practices for the REALSENSE Websites and REALSENSE Online Services. We use the information we collect about you including from the REALSENSE Website to process orders and maintain a relationship with you throughout the use of our products and services. This policy explains how your personal information is protected. It is our intent to give you as much control as possible over your privacy and personal information and the use we make of it in our business. This policy is subject to change, so please check back from time to time to stay informed.
REALSENSE respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our REALSENSE websites and REALSENSE Online Services (regardless of where you visit from) and tell you about your privacy rights and how the law protects you.
Please see the ‘Definitions’ section to understand the meaning of some of the terms used.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how REALSENSE collects and processes your personal data through your use of REALSENSE websites and REALSENSE Online Services including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, complete a survey or take part in a competition.
The REALSENSE websites, products and online services are intended for adult learners (aged 18 and above), not children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
CONTROLLER
In order to access elements of our REALSENSE Websites and or our REALSENSE Online Services, and complete orders and or access training, resources and or other associated activities, users require an account. Having an account means REALSENSE is storing the personal data you provide, and we further process this to complete registrations and orders as well as determine training and compliance outcomes and retain certification records as well as analyse content and system usage, improve our products and services and respond to support queries and evaluation comments. Where a learner has accessed or is allocated a REALSENSE product via our REALSENSE Website and or REALSENSE Online Services, then REALSENSE is the data controller.
If your login details or training has been provided by a 3rd party (e.g. your employer, another organisation or a REALSENSE approved partner or reseller) then they will be joint data controller, along with REALSENSE where applicable, and also have access to and will be processing your personal data. Should you require any further information you should contact them directly. If you are unsure who to contact, REALSENSE may be able to assist, please email info@real-sense.com . Where a 3rd party has provided system access, and no REALSENSE content is allocated to the user, then REALSENSE is a data processer, and the relevant 3rd party sole data controller.
REALSENSE retains user compliance and competency records on an ongoing basis, under its commitment to compliance and lifelong learning, to enable us to provide factual information on what a user has accessed, completed, studied and achieved, i.e. name, courses studies, products and resources accessed, CPD gained, test results etc. This is in line with JISC best practice and Guidance on Managing Student Records.
As part of our work to be GDPR compliant we need to make sure that you and or your organisation understand your role as a Data Controller and the responsibilities that come with this. You and or your organisation are responsible for the data uploaded to the REALSENSE Website(s) and or REALSENSE Online Services individual/ organisation account area and acknowledge that REALSENSE is the Data Processor.
You and or your organisation are responsible for the information uploaded to the REALSENSE Website and or REALSENSE Online Services and you must gain prior consent from anyone whose personally identifiable information uploaded to share the content with REALSENSE for the purposes set out and in accordance with the REALSENSE Website and Online Services Privacy Policy and Terms and Conditions.
From time to time, it may be necessary for REALSENSE to temporarily act for you and or on your organisation administrator’s behalf in the capacity of a data controller in order to provide administrative and or technical support to you and your organisation’s users using the REALSENSE Website and or REALSENSE Online Services.
REALSENSE Solutions Ltd is the Data Controller for certain aspects of its provision and is responsible for some personal data (collectively referred to as ”COMPANY”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Protection Officer using the details set out in this privacy policy.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal data we hold about you is accurate and current and it is your responsibility to keep your and or the personal data of the individuals within your organisation up to date and or keep us informed if personal data changes during your relationship with us.
THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. DATA WE MAY COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect and process the following data about you:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and 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, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not 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.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
-
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- provide us with feedback.
-
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below
-
Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- advertising networks Google Adwords based outside the EU; and
- search information providers Google or Bing based outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services as Sage or PayPal based outside the EU.
- Identity and Contact Data from publicly available sources such as Companies House based inside the EU
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data in accordance with and as allowed by law. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Please visit www.ico.org.uk to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message.
You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
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 basis 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 contact us if you need 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.
| Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
| To register you as a new customer |
(a) Identity
(b) Contact
|
Performance of a contract with you |
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to perform a review or take a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|
|
To enable you to participate in a competition, prize draw or to complete a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) 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)
(b) Necessary to comply with a legal obligation
|
|
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|
|
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|
(a) Technical
(b) Usage
|
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|
|
To make suggestions and recommendations to you about goods or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
|
Necessary for our legitimate interests (to develop our products/services and grow our business)
|
MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms to enable you to make certain decisions about your personal data use:
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You may receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
THIRD-PARTY MARKETING
We will seek and ensure your express opt-in consent before we share your personal data with any company outside REALSENSE for marketing purposes.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by contacting us directly.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Selected external third parties for the purpose of fulfilling the terms of contract with you.
- Specific third parties such as Google, Amazon or Slack.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions
6. INTERNATIONAL TRANSFERS
If any of our external third parties are based outside the European Economic Area (EEA) then their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is adhered to.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see definitions in glossary:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
- If you wish to exercise any of the rights set out above, please contact us.
DATA SUBJECT ACCESS REQUEST FEES
An individual or organisation making a data subject access request (or to exercise any of the other rights) must pay a fee of £10. The request will be acted upon once the fee has been received. 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 these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. DEFINITIONS
| ‘REALSENSE WEBSITE’ |
Any site developed, produced and or provided by REALSENSE for the purpose of promoting products and or ordering and supporting REALSENSE products online e.g. realsense.co.uk, real-sense.com, realsense-learning.co.uk, activbase.net, activbase.realsense.co.uk. |
| ‘REALSENSE ONLINE SERVICES’ |
Any online service developed, produced and or provided by REALSENSE for the purpose of accessing and managing compliance and competency products including learning, assessment, resources, reporting and or communication tools as well as the storing and managing of associated user records. |
| ‘LAWFUL BASIS’ |
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.
We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
|
| ‘EXTERNAL THIRD PARTIES’ |
Includes:
- Service providers acting as processors based inside or outside the EEA who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Third party processors including market researchers, fraud prevention agencies, communication tools or systems, printers, analytical tools or data storage companies.
- Where learners complete one of our IOSH courses, personal data is shared with IOSH to enable them to issue their certification.
- Where learners complete one of our Qualification courses (in conjunction with an awarding body), personal data may be shared with the awarding body to enable them to issue qualification and or certification.
|
| ‘YOUR LEGAL RIGHTS’ |
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. 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.
|
FURTHER INFORMATION
For further information on these rights you can contact the ICO via one of the options on their website https://ico.org.uk/global/contact-us
If any of the information you provide to us changes, please let us know as soon as possible so that we can make the necessary changes to the information we hold for you on our database(s) so that your records are accurate and up to date.
If you have any further queries or comments on our Privacy Policy, please send us an email to info@real-sense.com or write to us at REALSENSE Solutions Ltd, Stapeley House, London Road, Stapeley, Nantwich, CW5 7JW. Any such queries will be passed onto our Directors. We always welcome your views about our website, our online services and our Privacy Policy.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority 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.
If you suspect or believe that a Data Breach has occurred in relation to the use of the REALSENSE Website and or REALSENSE Online Services, then please contact us as soon as is reasonably possible so that we can review the circumstances in detail. You will be asked to collaborate with us to complete a Report with details about any suspected ‘Data Breach’.
Finally, our website and other systems may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites or organisations and/or individual users utilising our systems.
Please note that we may change our Privacy Policy from time to time. If we make any changes, these will be shown on our website and will immediately supersede any previously posted information.
CONTACT DETAILS
Mr. Russell Bielby
REALSENSE Solutions Ltd
Stapeley House, London Road, Stapeley, Nantwich, CW5 7JW