Privacy and cookie policy
Important information and who we are
Welcome to the privacy policy of Phocas Group Pty Ltd and its wholly-owned subsidiaries Phocas UK Limited, Phocas Pty Limited and Phocas, Inc. (“Phocas”, “us” or “we”). Phocas is committed to protecting and respecting your privacy.
This privacy policy will inform you as to how we look after your personal data (regardless of how we obtain such personal data) and tell you about your privacy rights and how the law protects you. It also provides you with information regarding our use of cookies. Please note that if you purchase or try any of our software solutions, our processing of personal data submitted when you use that solution will be governed by the separate contract between you and us relating to your use of our solution. This policy describes our general practice and procedure for collecting, using and disclosing information about employees, agents, officers, workers and contractors of our customers, those of our commercial partners and visitors to our website (Individuals).
This privacy policy is provided in a layered format so you can click through to the specific areas set out below.
Purpose of this privacy policy
This privacy policy aims to give you information on:
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how Phocas collects and processes your personal data through your use of the Phocas website (Website), including any data you may provide through the Website when you sign up to our business intelligence blog, request a demonstration, purchase a product or service, take part in a competition, contact us, schedule a demonstration or login to the Website portal, register to become a partner, fill in the ‘Contact Us’ section of the Website, give us feedback or submit comments on a Case Study;
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how Phocas collects and processes data provided to us in the provision of our services to the persons or companies who engage Phocas (our ‘Customers’); and
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how Phocas collects and processes data relating to other persons or companies having a business relationship with Phocas.
The Website is not intended for 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.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it and regarding cookies.
If you have not already read our Terms of Website Use, please do so at https://www.phocassoftware.com/terms/website-use.
Controller
Phocas is the controller and responsible for your personal data.
If you have any questions about this privacy policy, please contact us using the details set our below:
Contact details
Our full details are:
Phocas Group Pty Ltd
Suite 301, Level 5
35 Lime Street
King Street Wharf Sydney 2000 NSW
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.
Changes to the privacy notice and your duty to inform us of changes
We may change this policy from time to time. Although we will strive to ensure that any such changes are small, and we will inform you and, if appropriate, seek your consent if we intend to materially change the way in which we use your data. We recommend that you consult this privacy policy regularly for updates.
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
The 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 the Website, we encourage you to read the privacy notice of every website you visit.
Information we 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, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
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Identity Data includes first name and last name.
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Contact Data includes physical address, email address, fax number and telephone numbers.
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Technical Data includes internet protocol (IP) address, 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 Website.
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Profile Data includes your job role, industry, your firm’s revenue and number of employees, your purchases, your feedback, your survey responses and other feedback provided by you relating to your use of the Phocas services.
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Usage Data includes information about how you use the Website and the features you interact with on the Website, our products and our services and information you submit to us in relation to any support issues.
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Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your interactions with our marketing communications and your communication preferences.
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Financial Data includes bank account and/or payment card details.
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Transaction Data includes details about payments to and from Phocas and other details of products and services you have purchased from Phocas.
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.
Cookies
We may collect Technical Data about your computer for system administration and statistical analysis. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file which is stored on the hard drive of your computer. They help us to improve the Website and to deliver a better and more personalised service. We use the following cookies:
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Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website, submit comments to our blog or use submission forms.
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Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.
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Functionality cookies. These are used to recognise you when you return to the Website. This enables us to personalise our content for you to remember your preferences (for example, your choice of language or region).
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Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
The cookies our site uses
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
| Cookie Name | Purpose |
|---|---|
|
_utma |
Google Analytics - Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing utma cookies exists. The cookie is updated every time data is sent to Google Analytics. |
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_utmz |
Google Analytics - Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics. |
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_ga |
Google Analytics – Used to distinguish users. |
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_gat |
Google Analytics – Used to throttle request rate. |
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_hssrc |
Hubspot Analytics – This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. The main purpose of this cookie is: Performance |
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_hstc |
Hubspot Analytics – This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. The main purpose of this cookie is: Performance |
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hsfirstvisit |
Hubspot Analytics – This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. The main purpose of this cookie is: Performance |
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is_returning |
Hubspot Analytics - This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. The main purpose of this cookie is: Performance |
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hsPagesViewedThisSession |
Hubspot Analytics – This cookie name is associated with websites built on the HubSpot platform. It is reported by them as being used for website analytics. The main purpose of this cookie is: Performance |
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hubspotutk |
Hubspot Authentication – This cookie name is associated with websites built on the HubSpot platform. HubSpot report that its purpose is user authentication. As a persistent rather than a session cookie I cannot be classified as Strictly Necessary. The main purpose of this cookie is: Functionality |
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
Blocking cookies
You may block cookies by activating settings on your browser which allow you to refuse the setting of some or all cookies. If you do so choose to block all cookies (including essential cookies) you may not be able to access all or some parts of the Website.
Most cookies we use are known as session cookies. These cookies will expire whenever you close your browser or shut down your computer, and such cookies need not be blocked. Other cookies used for specific purpose will expire when that purpose is no longer required.
You can find out more about blocking cookies in specific browsers at https://aboutcookies.org.
How your personal data is collected
We use different methods to collect data from and about you including through:
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Direct interactions. You may give us your Identity, Contact, Marketing and Communication, Profile 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:
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apply for our products or services; create a trial account on the Website; request marketing to be sent to you;
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download ebooks;
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watch demonstrations;
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enter a competition, promotion or survey;
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as part of your interaction with Phocas as you enter into a business relationship with Phocas; or
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give us some feedback.
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- Automated technologies or interactions. As you interact with the 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 the cookie section of this policy for further details.
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Third parties or publicly available sources. We may receive Technical Data about you from the following parties:
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analytics providers such as Google Analytics based outside the EU, Hubspot Analytics based outside the EU, Wistia based outside the EU, Inspectlet based outside the EU, Crazy Egg based outside the EU and Privy based outside the EU;
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advertising networks such as Google Ads based outside the EU, Bing Ads based outside the EU, Facebook Ads based outside the EU, Linkedin Ads based outside the EU and Adroll based outside the EU;
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search information providers such as Google Analytics based outside the EU; and
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Swiftype based outside the EU.
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How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
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. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending 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 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 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.
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Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
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To register you as a new customer |
(a) Identity |
Necessary for our legitimate interests (to conclude our contract with our Customers and to provide access to our services under such contract). |
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To manage payments, fees and charges |
(a) Identity |
Necessary for our legitimate interests (to conclude our contract with our Customers). |
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To collect and recover money owed to us |
(a) Identity |
Necessary for our legitimate interests (to recover debts due to us). |
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To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy. |
(a) Identity |
Necessary to comply with a legal obligation. |
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To manage our contractual relationship with our Customers which will include: (a) Contacting Individual contacts at our customers for account administration, support and relationship management purposes; (b) Responding to support queries raised by Individual users of our Customers |
(a) Identity |
Necessary for our legitimate interests (to ensure we comply with our contractual obligations to our Customers and respond to queries raised in connection with our services). |
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To ask you to leave a review or take a survey |
(a) Identity |
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services). |
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To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity |
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). |
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To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity |
|
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To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity |
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). |
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To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences |
(a) Technical |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy). |
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To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity |
Necessary for our legitimate interests (to develop our products/services and grow our business). In terms of tailoring our direct marketing necessary for our legitimate interests, being to develop our business and inform our marketing strategy. |
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To tailor our direct marketing to you and to send you direct marketing communications including via Email or text message |
(a) Identity |
In terms of sending direct marketing where you are a customer and have not previously opted out of receiving such direct marketing, as necessary for our legitimate interests, being to offer you relevant products and services related to what we have previously provided to you. In terms of sending direct marking where you are not one of our customers, with your consent given when you sign up to receive marketing communications on the Website or otherwise give your details and provide consent when doing so. |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
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 (we call this marketing).
Third-party marketing
We process personal data to undertake marketing activity in conjunction with or on behalf of our third-party partners (in particular reseller partners, implementation partners and trade association partners). The personal data processed by us for the purposes of conducting such marketing activity is provided to us by our partners. Prior to undertaking marketing activity on behalf of a relevant partner, we require such partner to confirm that they have a lawful basis for holding the data and providing such data to Phocas for the purposes of undertaking the marketing activity concerned (including any necessary consent required from relevant data subjects).
We will obtain your consent before we share your personal data with any company outside the Phocas group of companies for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a software solution purchase, warranty registration, software solution experience or other transactions.
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.
Disclosure of your information
We may have to share your personal data with the parties set out below for the purposes set out in the table above.
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Internal third parties - companies in the Phocas Group acting as joint controllers or processors and who are based in Australia and the USA and provide IT and system administration services and undertake leadership reporting.
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External third parties – these include:
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Service providers acting as processors, some of whom are based in the UK, the United States and Australia who help us run the Website, for the purposes of hosting and running the Website and our services, to provide support services to our Customer, and performing the transactions concluded through the Website. These third parties include (but are not limited to) Hubspot, Inc and AWS Services.
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Service providers acting as processors, some of whom are based in the UK, USA and Australia whose services enable us to send marketing communications to our Customers, measure the effectiveness of marketing communications, send feedback requests and surveys to our Customers. Service providers acting as processors who provide IT and system administration services which enable us to provide our services to our Customers. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting service.
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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.
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Customers acting as controllers who require us to provide Profile Data regarding use of our services by their users.
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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 may also have to share your personal information with third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use, Terms of Service or any other terms or agreements.
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.
International transfers
We share your personal data within the Phocas Group. This will involve transferring your data outside the European Economic Area (EEA).
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data to countries outside the EEA that lack an adequacy decision, we ensure a similar degree of protection is afforded to it as in Europe by ensuring adequate safeguards are in place, including entering Standard Contractual Clauses 2010/87/EU, approved by the European Commission, with third party recipients.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
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.
Phocas takes reasonable precautions to protect personal data relating to Individuals which is processed and collected by Phocas. Phocas applies generally accepted industry standard security measures to such personal data and protect it from unauthorized access or against loss, misuse or alteration by third parties. Phocas maintains personal data behind a firewall.
Although we make good faith efforts to store personal data in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of personal data during its transmission or its storage on our systems.
Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information.
We do not warrant or represent that personal data will be protected against, loss, misuse, or alteration by third parties.
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 can be requested from us by contacting us. By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances, we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
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Request access to your personal data: this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. This is commonly known as a "data subject access request".
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Request correction of your personal data: 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.
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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 can also 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.
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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.
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Request restriction of processing 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.
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Request transfer of your personal data: we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. (Note: 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.)
If you wish to exercise any of the rights set out above, please contact us.
Please note, where we process your information for statistical purposes, certain of the above rights will not be available to you.
Please contact us for further information on which of the above rights will not apply to our processing of personal data for statistical purposes.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in 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.
Where we are not able to determine with any degree of certainty whether the information requested by you relates exclusively to you, our disclosure of such information to you may pose a privacy risk to a third party (for example, where a cookie is associated with a device used by more than one person). We will assess each request to exercise any of the rights listed above individually on its merits and will disclose the requested information where we are satisfied that such disclosure does not represent a privacy risk to any third party.
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.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. You should ensure that you review this Policy from time to time.
Contact us
If you have any concerns about material which appears on the Website, or any questions, comments or requests regarding our Terms of Website Use or Privacy and Cookie Policy, please contact us at support_uk@phocassoftware.com or at our postal address of 20-20 House, Middlemarch Business Park, Siskin Drive, Coventry CV3 4FJ or use the “Contact Us” form on the Website at https://www.phocassoftware.com/contact.