PLEASE READ THIS NOTICE CAREFULLY
IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE PROCESS YOUR PERSONAL INFORMATION
Who we are and how we approach data privacy
We are Red Penguin Associates Ltd (the “Company”, “we”, “us” or “our”), a limited liability company with registration number 06430404, whose registered office is at Office 3 Acorn Business Centre, Northarbour Road, Cosham, Portsmouth, Hampshire, PO6 3TH.
We are committed to protecting the privacy and security of your personal data. We want you to be confident that your personal data will be properly protected whilst in our possession.
We comply with the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”). The Company is a data “controller”. This means that we are responsible for deciding how we hold and use your personal data.
This Notice explains how we, and carefully selected third parties we work with, will collect and use the personal data of our customers, suppliers, prospects, ex-employees, and users of our websites. If this describes you, please read this Notice carefully and make sure you are comfortable with the content. We may update this Notice at any time.
If you have any questions about our use of your personal data, or you wish to exercise one of your rights under the Data Protection Legislation, please contact us. A summary of your rights is detailed in this Notice.
This Notice details how we use information you provide to us, including through the “Contact Us” function on our website www.redpenguinmarine.com referred to in this Notice as our Site.
The Site 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 practices or notices. When you leave our Site, we encourage you to read the privacy notice of every website you visit.
Unfortunately, the transmission of information through the internet is never completely secure. Although we do our best to protect your personal data at all times, we cannot guarantee the security of the data you send to us through our Site. Any transmission made is therefore at your own risk. Once we have received your personal data, we use strict procedures and security features to protect against unauthorised access.
How we use your personal data
We will only use your personal data when the Data Protection Legislation allows us to. 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 business 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.
We do not rely on consent as a legal basis for processing your personal data.
We do not send any unsolicited marketing material.
Information we collect from you and the purposes for which we will use it
We hope the following table helps you to understand what information we may collect, in what circumstances and how we use that information (including how long we retain it).
(Note: users on small screens can scroll horizontally to view table content)
|Category of information||Where it comes from||What is collected and how we use that information||How long we will keep it|
|Information you give to us (Voluntary information from direct interactions)||This is information you give to us about you by:|
|· Purchasing services, including processing and delivering your order|
|· Your name|
· Your contact details
· Company name
· Company contact details
It is necessary for us to obtain and process this information in order to enter into, and perform, our contract with you to provide our products and services.
|· Contacting us with an enquiry or to report a problem with our products, services or our Sites||In order to process your enquiry and/or investigate a problem we may ask you to provide contact information (name, job title, address, telephone number and email address).|
We will only use your personal data to investigate and respond to you with the outcome of your enquiry/our investigation.
You do not have to provide this information to us, it is entirely voluntary. However, we may be limited in our ability to respond to you if contact information is not provided. We will only correspond with you in the way you have asked us to.
It is in our legitimate business interests to process this information in order to deal with your enquiry/investigate the problem you’ve raised. We’ll ensure your rights are protected.
Access to this information will be restricted on a “need to know” basis.
|· Business contact information||We will keep:|
· a record of business contacts of our suppliers, advisers, agents and clients and their contact information in order to manage our commercial relationship with that third party and perform contractual obligations (ie it is necessary for us to perform a contract);
· a record of contacts from competent authorities and regulators linked to our industry, together with their contact information, in order to comply with a legal obligation; and
· a record of prospective business contacts. This is in our legitimate business interests (ie we have a justifiable reason for processing information in this way).
|· Being a former employee or worker of ours||We will retain your personal data after your employment or engagement in accordance with our separate Privacy Notice for Employees, Workers and Contractors. Please contact us at firstname.lastname@example.org if you would like a copy of this Privacy Notice.||As set out in our Privacy Notice for Employees, Workers and Contractors.|
|Information we collect about you and your device (automated technologies or interactions)||Each time you visit our website we will automatically collect the following information:|
· technical information, including your operating system, the browser you use (Device Information);
· details of your use of our website including traffic data, the resources you use, where you have clicked through to our website from that of a third party, the domain name of the connecting website (Log Information);
|Some online identifiers (such as static IP addresses) are your personal information.|
We collect Device Information so that we can ensure adequate technical support for our website and ensure it is functioning properly on all operating systems/browsers. We want to ensure the content of our website is being presented to you in the most appropriate way to ensure it is easy to use/navigate. We also need this information in order to allow you to participate in interactive features on the website where you chose to do so.
We collect Log Information so that we can better understand how our website is used and improve its functionality/content. We want to provide you with a customised service.
These activities are in our legitimate business interests (i.e. we have a justifiable reason for processing your information in this way).
· a cookie is a small text file sent to your computer or device;
· a pixel tag is an invisible tag placed on certain parts of our Site. It does not leave a footprint on your computer/device.
Cookies work together to tailor the Site.
You can manage this automatic collection of data by adjusting your cookie settings. More information can be found below
|This information is not retained.|
We also collect, use and share aggregated data such as statistical or demographic data for any purpose (Aggregated Data). Aggregated Data could be derived from your personal data but is not considered personal data for the purposes of the Data Protection Legislation because the information 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 Notice.
Do I have to provide this information?
In most cases the personal data you provide to us in the table above is entirely voluntary. You are not under a statutory or contractual obligation to provide it to us.
However, where we need to collect personal data 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 (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 at the time if this is the case.
Providing us with personal information of another person
If you need to provide us with personal data about another person you must obtain that individual’s express consent to pass us their information. You should also share this Notice with that individual so they understand how we might use their personal data.
You may receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing.
We will obtain your express opt-in consent before we share your personal data with any company outside the Red Penguin group of companies for marketing purposes.
You can ask us to stop sending you marketing messages at any time by emailing us at email@example.com.
When you unsubscribe, we may still process your personal data, but only in accordance with the purposes set out in the above section: INFORMATION WE COLLECT FROM YOU AND THE PURPOSES FOR WHICH WE WILL USE IT.
We do not send any unsolicited marketing material.
We do not envisage that any decisions will be taken about you using automated means; however, we will notify you in writing if this position changes.
Why might you share my personal information with third parties?
We may have to share your personal data with the parties set out below for the purposes set out in the table above:
- Carefully selected third parties who provide a service to us to support our core operations, such as: processing our mail, communicating with customers and prospective customers on our behalf (including via social media), running promotions, providing IT systems and administrative services and the development and improvement of internal systems and processes. This includes:
- Microsoft Teams
- Skype for Business
- Access Software
- Zen Zero (our IT provider)
- Competent authorities (statutory bodies, regulatory authorities, authorised bodies who have a role laid out by law);
- Other organisations where we are legally obligated to disclose your personal data (such as requests made in the prevention and detection of crime) or where disclosure is necessary to protect the property, rights and safety of us and our staff;
- 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;
- Other companies where we are trialling products and services which we consider may improve our offering to customers and/or our business processes;
- Other third parties where you have given your express consent or where we reasonably believe a third party is acting on your behalf;
- Companies within the Red Penguin group.
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.
Many of our third party suppliers are based outside the UK so their processing of your personal data will likely involve a transfer of data outside the UK.
Any transfers of personal data outside of the UK will only be made in one of the following circumstances:
- the recipient is located in a country which has a current adequacy regulation issued by the UK’s data protection commissioner, meaning that the country’s data protection laws are essentially equivalent to the Data Protection Legislation and you have similar, enforceable rights in relation to your personal data; or
- if the recipient is located in a country without an adequacy regulation, we will implement appropriate safeguards in relation to the transfer (and subsequent processing), usually through the use of specific approved contracts which ensure the same levels of personal data protection that apply under the Data Protection Legislation; or
- if we cannot comply with either of the above, we may make use of an exception as set out in the Data Protection Legislation, but this option would be used only as a last resort.
Please email us at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
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 data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We use the following cookies on our website:
|Name and type of cookie||Purpose|
|These cookies are used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of the website.|
|Registers a unique ID that is used to generate statistical data on how the visitor uses the website.|
|_gat||Used by Google Analytics to throttle request rate|
Rights of access, correction, erasure, and restriction
Your rights in connection with personal information
Under certain circumstances, by law 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 information we hold about you corrected.
- 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 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. Please 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. 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 the 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:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- 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 another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please 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 withdrew 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.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please email us at email@example.com.
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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
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.
Data protection representative
We have appointed a data representative to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your personal data, please email us at firstname.lastname@example.org.
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. More details on how to make a complaint to the ICO is available here: https://ico.org.uk/make-a-complaint.
Changes to this notice and your duty to inform us of changes
We keep this Notice under regular review. Any changes we make to this Notice will be posted on our Sites with a prominent notice and, where appropriate, we will notify you by email.
If, in the future, we wish to use your personal data in a way not set out in this Notice we will notify you and seek your permission to do so.
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.
If you would like to request further information about this Notice or the way in which we handle your personal information, please email us at email@example.com or write to us at:
Red Penguin Associates Ltd
National Maritime Systems Centre
Portsdown Technology Park