USER PRIVACY AND DATA PROTECTION NOTICE
(Updated May 22, 2018)
Our Commitment to User Privacy and Data Protection:
Welcome to the “Privacy Notice” of Telmar Group Inc. and its worldwide subsidiaries (“Telmar”).
If you are a registered user of Telmar services then the applicable Privacy Notice governing your use of the Telmar Websites is located on the web pages after you use your credentials to log in. For all other visitors of this Website, the following is the Privacy Notice.
Telmar respects your privacy and is committed to protecting your personally identifiable information (“PII”). This Privacy Notice will inform you as to how we look after your PII when you visit our Website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This Privacy Notice applies only to information collected through our Website and not to information collected offline.
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 PII about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements any other notices and is not intended to override them.
If you have any requests concerning your PII or any questions with regard to our practices, please contact our Privacy Officer at PrivacyOfficer@telmar.com.
This Privacy Notice is issued on behalf of Telmar. When we mention “Telmar”, “we”, “us” or “our” in this Privacy Notice, we are referring to the relevant company in Telmar responsible for controlling your PII. All PII you provide may be transferred or accessed by any Telmar entity around the world as described in this Privacy Notice. If you are a resident of a European Economic Area (“EEA”) country, Telmar Communications Ltd. is the controller and responsible for any PII they collect regarding EEA residents; As Telmar has a number of legal entities in different jurisdictions for all other citizens of other countries, Telmar Group, Inc., is the controller and responsible for any PII they collect.
The Information We Collect:
This Privacy Notice applies to all information collected or submitted across all Telmar websites (individually and collectively “Website(s)”).
Direct interactions – We collect information from visitors to our Websites through the use of online forms, hyperlinks, Contact Us webpages, and when you email an inquiry to us. On some pages, you can post comments, make requests, request follow-up contact and register to receive materials.
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 PII by using cookies, server logs, and other similar technologies.
PII 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). The most common types of PII collected at these pages are: name, address, email address & phone number. IP addresses are considered PII. On some pages, you can submit information about other people. For example, if you request that we contact someone at your company other than you, you will need to submit the recipient’s contact information. In this circumstance, the common types of PII collected are: name, address, email address and phone number.
We may collect, use, store, and transfer PII about you which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier, marital status, title, and date of birth.
- Contact Data includes address, email address and telephone numbers.
- 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, your interests, preferences, feedback, and survey responses if any.
- 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 preference.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your PII but is not considered PII pursuant to applicable privacy laws because this data does not directly or indirectly reveal your identity.
We do not collect any Special Categories of PII about you (that is, 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 also do not collect any information about criminal convictions and offenses.
The Way We Use Your PII:
We will only use your PII in circumstances allowed by law. Most commonly, we will use your PII 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 PII. If we need to rely on consent, we will request your consent at the page and point at which we need to collect the relevant PII. If you give us consent, you have the right to withdraw consent at any time by contacting us. Purposes for which we will use your PII:
In the table below, we have set out a description of all the ways we plan to use your PII, the legal bases we rely on to do so, and our legitimate interests in collecting the PII, if appropriate.
Note that we may process your PII for more than one lawful basis depending on the specific purpose for which we are using your PII. Please contact us if you need details about the specific legal ground we are relying on to process your PII where more than one ground has been set out in the table below.
To manage our relationship with you which will include:
a. Notifying you about changes to our terms or Privacy Notice
b. Asking you to leave a review or take a survey
d. Marketing and Communications
a. Necessary to comply with a legal obligation
b. Necessary for our legitimate interests (to keep our records updated and to study how you use our products/services)
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
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 reorganization 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
e. Marketing and Communications
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
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 products or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
Except as described in this Privacy Notice, we do not sell, trade or otherwise transfer or share your PII to outside parties. However, trusted third-parties who assist us in operating our Website, conducting our business or servicing you may be given access to PII, so long as those parties agree to keep this information confidential and no less secure than we keep your information. We use return email addresses to answer emails we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Visitor information which is not personally identifiable may be provided to other parties for marketing, advertising, or other uses. Such information may be used to create aggregated information.
However, we may disclose information, including PII, about you if we are obligated to do so for the following reasons:
- To the extent that we are required to do so by law
- In connection with any legal proceedings or prospective legal proceedings
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
- To enable our suppliers or other third-parties including CRM and analytics suppliers based outside the EEA. For a list of suppliers or third-parties, please contact our PrivacyOfficer@telmar.com
- For other Telmar affiliates that have a legitimate need for the PII
- For 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 PII in the same way as set out in this Privacy Notice.
For a list of our supplier and such third parties, please contact our PrivacyOfficer@telmar.com.
You can register at Telmar.com for a variety of purposes, including receiving updates on our new products and services. The information you submit on our Website will not be used for this purpose unless you fill out the registration form and consent to be contacted.
We strive to provide you with choices regarding certain PII 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 and your employer (we call this marketing).
You will receive marketing communications from us if you have requested information from us or you or your employer has purchased products or services from us and, in each case, you have not opted out of receiving that marketing.
You can ask us 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.
Change of purpose:
We will only use your PII 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 PII for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to use it.
Please note that we may process your PII without your knowledge or consent in compliance with the above rules, where this is required or permitted by law.
Retention of Information:
We will only retain your PII for as long as is necessary to fulfill 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 PII, we consider the amount, nature, and sensitivity of the PII, the potential risk of harm from unauthorised use or disclosure of your PII, the purposes for which we process your PII and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your PII are available in our retention policy which you can request from us by contacting our PrivacyOfficer@telmar.com.
If you are resident in the EEA, then you need to be aware that we will need to transfer your PII outside of the EEA. Whenever we transfer your PII out of the EEA, we will ensure that it is protected with a similar degree of protection that is afforded to it in the EEA by implementing at least one of the following safeguards:
- We will only transfer your PII to countries that have been deemed to provide an adequate level of protection for PII by the European Commission (EU). For further details, see European Commission: Adequacy of the protection of PII in non-EU countries;
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give PII the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of PII to third countries at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
Under certain circumstances, you have the following rights under the data protection laws in relation to your PII, which are explained below:
- The right to access;
- The right to rectification;
- The right to complain to a supervisory authority;
- The right to be forgotten;
- The right to restrict
- Object to processing;
- The right to transfer; and
- The right to withdraw consent.
You can request access to your PII (commonly known as a “data subject access request”). This enables you to receive a copy of the PIII we hold about you and to check that we are lawfully processing it.
How to Correct Your Information:
You can correct factual errors in your PII by sending us a request that credibly and specifically documents error to our Privacy Officer noted below. Taking into account the purpose of the processing, you have the right to have incomplete or inaccurate PII corrected. We may need to verify the accuracy of the new PII you provide to us.
Complain to a Supervisory Authority:
If you are not satisfied with how we manage your PII, you have the right to make a complaint to a data protection regulator. A list of National Data Protection Authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
In the UK, 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.
Right to be Forgotten:
You can ask us to delete or remove any PII we hold concerning you. This enables you to ask us to delete or remove PII 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 PII 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 PII 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.
Request restriction of processing:
In some circumstances, you have the right to ask us to suspend the processing of your PII. Those circumstances are: (a) you contest the accuracy of the PII; (b) processing is unlawful but you oppose erasure; (c) we no longer need the PII for the purposes of our processing, but you require the PII for the establishment, exercise or defense of legal claims; or (d) you have objected to our processing of your PII, but we need to verify whether we have overriding legitimate grounds to use it. Where processing has been restricted on this basis, we may continue to store your PII.
Objection to processing:
You also have the right to object to our use of PII when 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 because you believe it impacts on your fundamental rights and freedoms. You also have the
right to object where we are processing your PII for direct marking purposes and for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation. We will respect your request unless we have compelling legitimate grounds to process your PII which override your rights and freedoms.
You have the right to request the transfer of your PII to you or to a third-party. We will provide to you, or a third-party you have chosen, your PII 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.
You may withdraw consent at any time where we are relying on consent to process your PII. 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.
Security and storage of information:
We will keep your PII secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, access, destruction, or damage. We will do our best to protect your PII but we cannot guarantee the security of your data which is transmitted to our Websites, applications or services or to other websites, applications, and services via an internet or similar connection.
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.
Third Party Links:
Occasionally, at our discretion, we may include or offer third-party products or services on our Website. These third-party websites, plug-ins and applications have separate and independent privacy policies. 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 we have no responsibility or liability for the content and activities of these linked websites. When you leave our Website, we encourage you to read the privacy notice of every website you visit. We still seek to protect the integrity of our Website and welcome any feedback that you may have about these Websites.
Our Commitment to Children’s Privacy:
This Website is not directed at children under the age of 13 and does not knowingly collect any PII from children under the age of 13. If a parent or guardian believes that a Telmar Website has collected PII from a child under the age of 13 that person should contact our Privacy Officer and we shall remove the information from our records.
You may opt-out of receiving further information from Telmar by contacting our Privacy Officer. In your e-mail, please give us your full name, mailing address and statement that you do not wish to receive further information from Telmar.
Privacy Notice Changes/Amendments:
We may change our Privacy Notice from time to time. We will always update the Privacy Notice on our Website, so please try to read it when you visit the Website (the ‘last updated’ reference tells you when we last updated our Privacy Notice). You should check this page occasionally to ensure you are happy with any changes to this Privacy Notice.
This version was last updated on May 22, 2018
How To Contact our Privacy Officer:
Should you have other questions or concerns about this Privacy Notice, please send us an email at PrivacyOfficer@telmar.com. Our Privacy Officer’s contact details for the purposes of the GDPR and other provisions related to data protection are:
If you are a resident of a European Economic Area country:
Telmar Communications Limited
Saint James House
13 Kensington Square
London, W8 5HD
If you are not a resident of a European Economic Area country:
Telmar Group, Inc.
711 Third Avenue
New York, NY 10017
If you are an EEA resident and you wish to complain about how we process your PII 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.