1. INTRODUCTION
1.1 Welcome to StartHQ’s Privacy Policy. We respect your privacy, and we are committed to protecting your Personal Data. This Privacy Policy will explain how we look after your Personal Data when you visit the Platform (regardless of where you visit it from) as a User and tell you about your privacy rights and how the law protects you.
1.2 This Privacy Policy should be read alongside, and in addition to, our Terms and Conditions.
2. DEFINITIONS AND INTERPRETATION
2.1 Capitalised terms used herein, and not otherwise defined, shall have the meanings given below.
2.2 Definitions shall have the same meaning set out in the glossary at the end of this Privacy Policy.
3. IMPORTANT INFORMATION
Purpose of this Privacy Policy
3.1 This Privacy Policy aims to give you information on how we collect and process your Personal Data through your use of the Platform, including any Personal Data you may provide through the Platform when you submit a Contact Form. The Platform is not intended for children, and we do not knowingly collect Personal Data relating to children.
3.2 It is important that you read this Privacy Policy together with any other policies or fair processing policy 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 Personal Data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.
3.3 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 (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.
Controller
3.4 StartHQ is the data controller and responsible for Personal Data collected by us when you interact with and use the Platform including without limitation when you use the Contact
Your duty to inform us of changes
3.5 It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
Third-party links
3.6 The Platform 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 Personal Data about you. We do not control these third-party websites and are not responsible for their privacy statements.
4. THE DATA WE COLLECT ABOUT YOU
4.1 Personal Data (also referred to as 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).
4.2 We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
(a) Identity Data includes first name, maiden name, last name, username or similar identifier and/or title.
(b) Contact Data includes address for services, email address and telephone numbers.
(c) 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 the Platform.
(d) Usage Data includes information about how you use the Platform, including but not limited to, traffic data and other communication data, referral source/ exit pages, length of visit, page views, Platform navigation, search terms you use and the resources you access.
(e) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
4.3 We also collect, use and share “aggregated data” such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. 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 Policy.
4.4 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.
4.5 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 Personal Data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to terminate the Terms and Conditions we have in place with you.
5. HOW IS YOUR PERSONAL DATA COLLECTED?
5.1 We use different methods to collect data from and about you including through:
(a) Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
- access the Platform;
- submit a Contact Form;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
(b) Automated technologies or interactions. As you interact with the Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns, and Usage Data about your actions on the Platform. We collect this data by using Cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our Cookies.
(c) Third parties or publicly available sources. We will receive Personal Data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers based inside and outside the UK;
- advertising networks; and
- search information providers based inside and outside the UK.
How we use your Personal Data
5.2 We will only use your Personal Data when the law allows us to and most commonly, in the following circumstances:
(a) where we have or are about to enter into a contract and to ensure the Performance of the Contract;
(b) where it is necessary for our Legitimate Interest (or those of a third party) and your interests and fundamental rights do not override those interests; and
(c) where there is a legal requirement for us to comply with.
5.3 We will help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
5.4 Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will request your consent before 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.
6. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
6.1 We may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your Personal 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 User |
(a) Identity
(b) Contact (c) Usage
|
(a) Performance of a Contract with you
(b) Necessary for our Legitimate Interests |
| To process your submission from a Contact Form |
(a) Identity
(b) Contact (c) Usage (d) Marketing and Communications |
Performance of Contract with you |
|
To manage our relationship with you which will include:
(a) notifying you about changes to our Terms and Conditions or Privacy Policy (b) asking you to leave a review or take a survey |
(a) Identity
(b) Contact (d) Marketing and Communications (e) Usage |
(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 Users use our Platform) |
| To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity
(b) Contact (c) Usage (d) Marketing and Communications |
(a) Performance of a Contract with you
(b) Necessary for our Legitimate Interests (to study how Users use our Platform to develop them and grow our business) |
| To administer and protect our business and the Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity
(b) Contact (c) Technical (d) Usage |
(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 Platform content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity
(b) Contact (c) Usage (d) Marketing and Communications (e) Technical |
Necessary for our Legitimate Interests (to study how Users use our Platform, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our Platform, marketing, customer relationships and experiences |
(a) Technical
(b) Usage |
Necessary for our Legitimate Interests (to define types of Users for our Services, to keep our Platform updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about Services that may be of interest to you |
(a) Identity
(b) Contact (c) Technical (d) Usage (e) Marketing and Communications |
Necessary for our Legitimate Interests (to develop our Services and Platform and grow our business) |
7. MARKETING
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.
8. PROMOTIONAL OFFERS FROM US
8.1 We may use your Identity, Contact, Technical and Usage 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 – we call this marketing.
8.2 You will receive marketing communications from us if you have submitted a Contact Form and you have not opted out of receiving that marketing.
9. THIRD-PARTY MARKETING
9.1 We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.
9.2 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
10. 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 the Platform may become inaccessible or not function properly.
11. CHANGE OF PURPOSE
11.1 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.
11.2 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.
11.3 Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules and where this is required or permitted by law.
12. DISCLOSURES OF YOUR PERSONAL DATA
12.1 We may share your Personal Data with the parties set out below for the purposes set out in the table above:
(a) third parties who provide services to us and require access to Personal Data to do so;
(b) third parties to whom we provide services; or
(c) specific third parties listed in the table above.
12.2 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 Policy.
12.3 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.
13. DATA SECURITY
13.1 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.
13.2 We have put in place procedures to deal with any suspected breach of your Personal Data and will notify you and any applicable regulator of a breach where we are legally required to do so.
14. DATA RETENTION
How long will we use your Personal Data for?
14.1 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.
14.2 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.
14.3 We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Platform and/or the purpose, or we are legally obligated to retain this data for longer time periods.
15. YOUR LEGAL RIGHTS
15.1 Under certain circumstances, you have rights under Data Protection Legislations in relation to your Personal Data. These rights include:
(a) Right to access – the right to request copies of the Personal Data we hold about you at any time. If we provide you with access to the Personal Data we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
(b) Right to correct – the right to have your Personal Data rectified if it is inaccurate or incomplete. 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.
(c) Right to erase (“Erasure Request”) – 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 the Data Protection Legislation. 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.
(d) Right to restrict our use 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 Personal Data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal 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 Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
(e) Right to data portability – the right to 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. In addition, this does not provide you with routine access to our systems and processes and only the extraction of your Personal Data.
(f) Right to object – the right to object to our use 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.
(g) Withdraw consent – the right to 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.
15.2 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.
15.3 We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a request for large quantities of information.
Glossary
| “Comply with a Legal Obligation” | processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to; |
| “Contact Form” | as defined in the Terms and Conditions applicable to Users; |
| “Cookie(s)” | a small file of letters and numbers that we store on your browser or the hard drive of your Device if you agree. Cookies contain information that is transferred to your computer’s hard drive; |
| “Data Protection Legislation” | all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018, the UK implementation of the General Data Protection Regulation ((EU) 2016/679); the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; |
| “Device” | means any device that can access the Platform such as a computer, phone or a digital tablet; |
| “Flash Cookies” | a text file that is sent by a web server when your browser requests content supported by Adobe Flash, a popular browser plug-in; |
| “Legitimate Interest” | the interest of our business in conducting and managing our business to enable us to give you the best service 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; |
| “User” | as defined in the Terms and Conditions applicable to any third party that accesses, browses, downloads or uses the Platform; |
| “Personal Data” | any information that relates to an identified or identifiable individual such as a name, email address, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity; |
| “Performance of a Contract” | processing your Personal 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; |
| “Platform” | as defined in the Terms and Conditions applicable to Users; |
| “Services” | as defined in the Terms and Conditions applicable to Users; |
| “Terms and Conditions” | the terms applicable to Users can be viewed on the Platform. |