Kwirkee Privacy Policy

This is the privacy policy of Kwirkee Ltd. In this document, “we”, “our”, or “us” refer to Kwirkee Ltd. “You” is the user of our services. Our company registration number is 04762111 (England and Wales). The email address for contacting us about any aspect of privacy is to info@kwirkee.co.uk.

Introduction

The purpose of this policy is to explain to you how we control, process, handle and protect your personal information, including your rights under current laws and regulations. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

To the best of our understanding of the law, our policy complies with UK law, including that required by the EU General Data Protection Regulation (GDPR).  Except as set out below, we do not share, sell, or disclose to a third party, any information collected from you.

The bases on which we process personal information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your personal information.

Information we process because we have a contractual obligation with you

When you buy a product or engage a service from us, or agree to our terms and conditions, we open an account for you and a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information. We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

When you ask us to provide you with information about our business, prior to a contract to existing between us, you provide your consent to us to process information some of which may be personal information. Wherever possible, we aim to obtain your explicit consent to process this information. Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply. We will continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists. You may withdraw your consent at any time by instructing us by email.

Information we process for the purposes of legitimate interests

We may process information on the basis that there is a legitimate interest, either to you or to us, of doing so. For example, we may process your data on this basis for the purposes of record-keeping for the proper and necessary administration of our business or responding to communication from you to which we believe you would expect a response.

Information we process because we have a legal obligation

We may process your personal information if required for legal reasons, for example in order to comply with a statutory obligation.

What information we collect about you

If you send us personal information, we do not specifically use this information except to allow it to be displayed or shared in the manner specified by the nature of the work under contract. If the information is part of work product, we store it so we can access it again for future requests. We do not use personal information you send for other clients. 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, where you do not provide suitable delivery instructions 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 should this occur.

Data required for normal business practice

This is a mix of business and personal data. This includes identity data, contact data such as your invoice address and delivery addresses for print jobs, e-mail address, landline and mobile number (if you have given this to us.) We store client contracts and consents. We store payment data and we may ask you to designate a billing representative, including name and contact information.

Data that forms part of work product

Your artwork files includes any information which you choose to include, some of which may be personal data, for example, photos of individuals which are be stored with a name and surname or artwork which contains personal details such as phone numbers or residential addresses.

If you provide us with personal data about a third party, you affirm that you have obtained the express consent from the third party for the disclosure and use of their personal data and you yourself are compliant with Data Protection Regulations and GDPR. When you supply personal data to me for use in work product, you are the Data Controller.

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:

• To process orders that you have submitted to us;
• To provide you with products and services;
• To comply with our contractual obligations we have with you;
• To help us identify you and any accounts you hold with us;
• To administer accounts, process payments and keep track of billing and payments;
• To detect fraud and to make sure what you have told us is correct;
• To carry out marketing and statistical analysis;
• To review job applications;
• To notify you about changes to our services;
• To provide you with information about products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; and
• To inform you of service and price changes.

We generally only send electronic marketing – such as email marketing – to people who have previously bought similar products from us or opted in, and this is in our legitimate interests. You have the right to withdraw consent to marketing at any time by selecting to unsubscribe from the email which will be in every email we send.

Third Party Data Sharing

We share information with third parties in the running of our business, as specified below. The information will only be shared if it is necessary to the fulfilment of the contract. If the personal information you send us enters the public domain or is sent to a third party (with your consent or as specified below), we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Essential Service Providers

We engage third party contractors to provide us with technical or delivery services that are related to your account with us. These include but are not limited to print suppliers, couriers and freelancers such as designers and photographers.

Website & Portfolio

We may share information about you with third parties. For example, we may display personal testimonials of satisfied customers on our public websites. We may also display a sample of your artwork on our website or portfolio. If the item to be displayed contains personal data we will ask for your consent first.

Credit reference

If you pass on our business details to supply a credit reference for you then we will pass on any necessary personal information.

Data processed outside the European Union

Our services are mostly hosted in the UK, however we may also use outsourced services in countries outside the European Union from time to time in other aspects of our business. Accordingly, data obtained within the UK or any other country could be processed outside the European Union. We will only do this with your consent.

Data Security

We do not and will not sell your personal data to third parties for marketing or advertising purposes.

Data is stored on password protected computers, password-access cloud services and password-access network servers. 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.

You acknowledge that the internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the internet (such as messaging apps, texts or emails). We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.

Data Retention

We will keep your personal data for the duration of the period you are a customer of Kwirkee Ltd. We shall retain your data only for as long as necessary in accordance with applicable laws.

On the closure of your account, we may keep your data for up to 7 years after you have cancelled your services with us. We may not be able to delete your data before this time due to our legal and/or accountancy obligations. We may also keep it for research or statistical purposes. We assure you that your personal data shall only be used for these purposes stated herein.

Because work product is backed up using several methods, they require manual deletion. Please send us an email if you would like your files to be deleted.

Your Legal Rights

Access to information

You may request a copy of the personal information we hold about you at any time.

Removal of your information

You may request for us to remove personally identifiable information from our website, database or portfolio. This may limit the service we can provide to you.

Opt-out of communications

You may opt out of receiving promotional and/or informative communications from us by using the unsubscribe link or by emailing us. Opting out of informative communications may limit the service we can provide to you. Please note that you ask us to stop processing your information for marketing purposes, we may need to retain some of it to ensure that your details are kept on our marketing suppression lists.

Verification of your information

When we receive any request to access, edit or delete personal identifiable information, we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Responding to your requests

We will deal with your subject access request within 30 days. However, if the work involved is particularly complex, or if numerous requests are made, or if we are on holiday during the 30 day period, we may need longer to process your request. If there is going to be a delay we will inform you about the extension and explain the reasons.

We will not charge a fee for dealing with your request unless it is manifestly unfounded or excessive. If we charge a fee, we will inform you of this and explain the reasons for doing so.

If you are not satisfied by our actions, you can outline your dissatisfaction by emailing us. If you remain dissatisfied, you have the right to refer the matter to the Information Commissioner or seek recourse through the courts.

How you can complain

If you are not happy with our privacy policy or have any complaints, please inform us by email, stating clearly your reasons.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/

Review of this privacy policy

We may update this privacy notice from time to time as necessary. If you are an ongoing client, we will notify you of any changes by email.

Effective Date: 23^rd May 2018