Quest Website Terms and Conditions
Quest Website Terms of Service
WELCOME TO QUESTORACLECOMMUNITY.ORG. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE.
This Agreement was last updated on May 25, 2018.
Scope of Agreement This Web Site
BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.
Use and Protection of Password and ID
- (a) Quest may assign a password and account ID to You so you can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and Quest has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
- (b) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Quest of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.
Modification of the Site
Quest may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to you.
- (a) Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for displaying this Site on Your Internet browser. Your access and use of this Site is further limited to non-commercial purposes only.
- (b) Except as permitted in the limited license set forth in paragraph (a), above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site.
- (c) To the extent that the Quest grants You the right to upload content to the Site:
- Anything that You submit or post to the Site and/or to the Quest, including without limitation, text, video content, audio content, ideas, know-how, techniques, questions, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary. Quest shall have the non-exclusive, royalty-free, worldwide, perpetual and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All copies of Submissions shall automatically become the sole and exclusive property of Quest and shall not be returned to You. Quest has no obligation to include Your Submissions in its Site, and has the right to remove Submissions at any time for no reason whatsoever, without incurring any liability.
- You warrant and represent that you own or have the right to license the rights granted above; that you has full power and authority to enter into this agreement; and that the Submissions (i) do not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy rights, publicity rights, and other proprietary rights; (ii) are not libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; and (iii) do not include bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond Quest’s control, such as Your connection to the Internet and the Internet backbone. Quest shall not be liable to You if You cannot use this Site for any reason.
Termination; Effect of Termination
- (a) In addition to any other legal or equitable remedies, Quest may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Quest at e-mail to [email protected] or by regular mail to 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504.
- (b) Upon any termination of this Agreement, You shall immediately cease all access to and use of this Site and Quest shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to You and deny Your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination. The provisions of Sections 5(b), 5(c), 5(d), 8, 12, 13, 17, 18 and 20 shall survive the termination of this Agreement.
- (a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. Quest shall aggressively enforce its intellectual and proprietary rights to the fullest extent of the law.
- (b) All information and data that is part of this Site, including without limitation, text, graphics, photos, illustrations, images, video and audio clips (collectively, “Content”) and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the “Marks”) are the sole and exclusive property of Quest or third parties. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual property or proprietary right of Quest or any of the goodwill associated with any of the foregoing. To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of Quest, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Quest.
- (c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.
Notice of and Procedure for Copyright Infringement
(a) Quest respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Quest has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Quest’s Designated Agent a notice containing the following elements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that Quest can locate the material;
- Your address, telephone number and email address;
- A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
(b) Send the notice containing the above information to the following Designated Agent:
- Name of Designated Agent: Executive Director, Quest International Users Group
- Mailing Address: 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504
- Telephone number: 800-225-0517
- Fax number: 859-226-4321
- E-mail Address: [email protected]
Links to Other Internet Sites This Site may contain links to Internet sites owned, operated or maintained by third parties not under Quest’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Quest’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
Links to this Site
You must obtain Quest’s prior written consent to post any link(s) to this Site.
Warranty Disclaimer; Limitation of Liability
- (a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. QUEST DOES NOT WARRANT THAT THE CONTENT, INCLUDING YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER USER OR PARTY, WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
- (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUEST, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF QUEST HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY DAMAGES ARISING FROM SUBMISSIONS FROM YOU OR FROM ANY OTHER USER OF THE SITE.
- (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO QUEST’S LIABILITY.
You agree to indemnify, defend and hold harmless Quest, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or content submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. Quest reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Quest’s defense of such claims.
Relationship of Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Quest as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Quest and Quest shall not be liable for any representation, act or omission by You to the contrary.
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Quest’s successors, assigns and licensees.
Injunctive Relief; Remedies
- (a) You agree that Quest’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Quest shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Quest may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
- (b) All rights and remedies granted to Quest under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Quest at law or in equity.
Governing Law and Jurisdiction; Limit on Commencing Actions
- (a) This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Lexington, Kentucky U.S.A. in all disputes arising out of or relating to the use of this Site.
- (b) You must commence any cause of action or claim against Quest within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to [email protected] or by regular mail to 2365 Harrodsburg Road, Suite A325, Lexington, KY 40504.
Reservation of Rights
Quest reserves to itself any and all rights not expressly granted herein.
Because we are users too, it goes without saying that Quest takes the protection of your member data seriously. If you read no further, know this: Quest does not sell or distribute your member data. If you want to know more, read on.
Quest Oracle Community
Quest intends to give you as much control as possible over your personal information on the web. You can visit QuestOracleCommunity.org, the Quest Web site, without telling us who you are or revealing any information about yourself. However, to take advantage of all the tools and services Quest Oracle Community offers, we need information from you, such as your name, company name and contact information. If you choose to give us personal information via the Internet, please be aware that we retain and use this information for Quest’s marketing, statistical and analytical purposes. We do not, however, sell or distribute this information to other companies. We track the domains from which people visit us, but do not sell any contact data, web traffic data or web traffic analysis. The Quest Oracle Community Web site may contain links to other Web sites, including those of other user groups. Quest is not responsible for the privacy practices or the content of such Web sites.
Exhibitors may be provided with mailing addresses and email of conference registrants before and after Quest Oracle Community conferences. This list contains mailing and email information only — no phone numbers or fax numbers. This is to allow exhibitors to mail materials publicizing their booths and the products, services and other offers that will take place at their booths, both before and after the conference. Many exhibitors collect business cards or scan attendee badges at their booths during conferences. If you offer your business card or conference badge to an exhibitor at a booth, Quest views this as voluntarily providing information to the vendor. This is how many vendors build their marketing lists. If you receive materials following a conference via email or receive a phone call, please be assured this information did NOT come from Quest, but possibly did come from the information you provided to an exhibitor during the conference.
Quest may allow vendors in certain sponsorship categories to do a limited number of mailings to our members to inform you of their products and services. These mailings are “blind” drop mailings distributed through a bonded, third-party mail house. The vendor is not provided with your data.
Sponsors may be provided with mailing addresses and email of sponsored webinar registrants before and after Quest Oracle Community webinars. This list contains mailing and email information only — no phone numbers or fax numbers. This is to allow sponsors to mail materials publicizing their products, services and other offers, both before and after the conference. Registering for these webinar is viewed as voluntarily providing information to the vendor
Among the most valuable benefits of Quest membership is the ability to connect with a peer, such as another person or company using the same application or facing the same implementation. For that reason Quest maintains profile information and has a searchable, online directory of members. This tool is accessible to user and vendor members only. Vendor members of Quest do now have access to this tool, but are only permitted to connect with you through your approval.
Questions? Suggestions? Issues?
Quest Website Personal Data Protection Policy
Quest International Users Group, Inc. (“Company,” “we” or “us”) respects individuals’ rights to their personal data. We are committed to protecting personal data we may collect through our compliance with this Personal Data Protection Policy. This Policy describes our commitment to protection of personal data from others and the rights of employees, business contacts and customers regarding their personal data. This Policy is intended to comply with the European Union’s General Data Protection Regulation (the “Regulation”) and other applicable laws.
For purposes of this Policy, we define “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
This Policy describes the procedures we follow when dealing with personal data. This Policy applies to the Company and others when working on our behalf, such as employees, agents, contractors, and others.
2. Our Personal Data Protection Principles
The following principles apply to our collection, use, storage and dealings with personal data: We commit that personal data will be:
- processed lawfully, fairly, and in a transparent manner in relation to the data subject;
- collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject; and
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
3. Lawful, Fair, and Transparent Data Processing
We commit to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. We commit that at least one of the following principles will apply to our processing of personal data:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
4. Processed for Specified, Explicit and Legitimate Purposes
- The Company collects and processes the personal data described in Section 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us), data received from third parties such as that relating to pay and benefits (for example, insurers and benefit providers), and within datasets provided by customers including ‘data centre’ storage (for example, for the purpose of reinstating IT systems following an incident)
- The Company only processes personal data for the specific purposes set out in Section 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be communicated to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
5. Adequate, Relevant and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purposes communicated to data subjects as under Section 4 of this Policy.
6. Accuracy of Data and Keeping Data Up To Date
The Company will ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of personal data will be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date personal data is found, reasonable steps will be taken without delay to amend or erase that data, as appropriate.
7. Timely Processing
The Company will not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the personal data is no longer required, reasonable steps will be taken to erase it without delay.
8. Secure Processing
The Company will ensure that personal data collected and processed by it is kept secure and protected against unauthorized or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organizational measures taken by the Company are provided in Sections 22 and 23 of this Policy.
The Company’s data protection officer is Preston Gorman, 2365 Harrodsburg Road, Suite A325
The Company will keep written internal records of all personal data collection, holding, and processing, which will incorporate the following information:
(i) The name and details of the Company, its data protection officer, and any applicable third-party data controllers;
(ii) The purposes for which the Company processes personal data;
(iii) Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;
(iv) Details (and categories) of any third parties that will receive personal data from the Company;
(v) Details of any transfers of personal data to non-European Economic Area (“EEA”) countries including relevant mechanisms and security safeguards;
(vi) Details of how long personal data will be retained by the Company; and
(vii) Detailed descriptions of all technical and organizational measures taken by the Company to ensure the security of personal data.
10. Privacy Impact Assessments
The Company will make Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments will be overseen by the Company’s data protection officer and address the following areas of importance:
- a) The purposes for which personal data is being processed and the processing operations to be carried out on that data;
- b) Details of the legitimate interests being pursued by the Company;
- c) An assessment of the necessity and proportionality of the data processing with respect to the purposes for which it is being processed;
- d) An assessment of the risks posed to individual data subjects; and
- e) Details of the measures in place to minimize and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation and other applicable laws.
11. The Rights of Data Subjects
We recognize and acknowledge the following rights of data subjects:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure (also known as the ‘right to be forgotten’);
- The right to restrict processing;
- The right to data portability;
- The right to object; and
- Rights with respect to automated decision-making and profiling.
12. Keeping Data Subjects Informed
a) The Company will ensure that the following information is provided to every data subject when personal data is collected:
- (i) Details of the Company including, but not limited to, the identity of its Data Protection Officer;
- (ii) The purposes for which the personal data is being collected and will be processed (as detailed in Section 21 of this Policy) and the legal basis justifying that collection and processing;
- (iii) Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
- (iv) Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
- (v) Where the personal data is to be transferred to one or more third parties, details of those parties;
- (vi) Where the personal data is to be transferred to a third party that is located outside of the EEA, details of that transfer, including but not limited to the safeguards in place (see Section 24 of this Policy for further details concerning such third country data transfers);
- (vii) Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);
- (viii) Details of the data subject’s rights under the Regulation;
- (ix) Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
- (x) Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
- (xi) Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
- (xii) Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
b) The information set out above in Section 12(a) will be provided to the data subject at the following applicable time:
- (i) Where the personal data is obtained from the data subject directly, at the time of collection;
- (ii) Where the personal data is not obtained from the data subject directly (i.e. from another party):
- (A) If the personal data is used to communicate with the data subject, at the time of the first communication; or
- (B) If the personal data is to be disclosed to another party, before the personal data is disclosed; or
- (C) In any event, not more than one month after the time at which the Company obtains the personal data.
13. Data Subject Access
- a) A data subject may make a Subject Access Request (“SAR”) at any time to find out more about the personal data that the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex or numerous requests, in which cases the data subject will be informed of the need for the extension).
- b) All subject access requests received must be forwarded to the Company’s data protection officer.
- c) The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
14. Rectification of Personal Data
- a) If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete and requests that it be rectified, the personal data in question will be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, in which cases the data subject shall be informed of the need for the extension).
- b) In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
15. Erasure of Personal Data
a) Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:
- (i) It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;
- (ii) The data subject withdraws their consent to the Company holding and processing their personal data;
- (iii) The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Section 18 of this Policy for further details concerning data subjects’ rights to object);
- (iv) The personal data has been processed unlawfully; or
- (v) The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
b) Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure will be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, in which cases the data subject shall be informed of the need for the extension).
c) In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties will be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
16. Restriction of Personal Data Processing
a) Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company will retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
b) In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
17. Data Portability
a) The Company does not process personal data using automated means (excepting general backup and recovery management).
b) Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers).
c) To facilitate the right of data portability, the Company shall endeavour to make available all applicable personal data to data subjects in a suitable format.
d) Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.
e) All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
18. Objections to Personal Data Processing
a) Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
b) Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company will cease such processing promptly, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
c) Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company will cease such processing promptly.
d) Where a data subject objects to the Company processing their personal data for scientific or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
19. Automated Decision-Making
a) In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
b) The right described in Section 19(a) does not apply in the following circumstances:
- (i) The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;
- (ii) The decision is authorized by law; or
- (iii) The data subject has given their explicit consent.
Where the Company uses personal data for profiling purposes, the following shall apply:
- Clear information explaining the profiling will be provided, including its significance and the likely consequences;
- Appropriate mathematical or statistical procedures will be used;
- Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and
- All personal data processed for profiling purposes will be secured in order to prevent discriminatory effects arising out of profiling (see Sections 22 and 23 of this Policy for more details on data security).
21. Personal Data
The following personal data may be collected, held, and processed by the Company:
Name, date of birth, Social Security Number or similar identification number, Medicare number or similar number, marital status, gender, ethnicity, religion, health status and information, insurance information, disability status, convictions and pending actions, financial status, income, educational information, employment and prior employment, performance and disciplinary information, payroll information, training, certification and licence information, physical addresses, telephone numbers, email addresses, credit card information, bank information, information about your internet connection, the equipment you use to access our site and usage details, and other information that may be defined as personal or personally identifiable information. This data is collected and maintained by us for sales, marketing, promotional, customer relations, membership, shipping, providing access to or delivery of our services or products, employment or human resources purposes. Data is maintained on a secure system and, in the case of employees, the Company’s payroll system.
22. Data Protection Measures
The Company will ensure wherever possible that employees, agents, contractors, or other parties working on its behalf comply with the following when working with personal data:
- Where any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. Hardcopies should be shredded, and electronic copies should be deleted securely.
- Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
- Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
- Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using a recognised recorded and signed-for carrier;
- No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from the Data Protection Officer.
- All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar;
- No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorization of the Data Protection Officer;
- Personal data must be handled with care at all times and should not be left unattended or on view to unauthorized employees, agents, sub-contractors or other parties at any time;
- If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;
- No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organizational measures have been taken);
- All personal data stored electronically should be backed up to a secure medium or storage location. All backups should be encrypted and password protected;
- All electronic copies of personal data should be stored securely using passwords and encryption;
- All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a strong combination of uppercase and lowercase letters, numbers, and symbols;
- Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection Officer to ensure that no data subjects have added their details to any marketing preference databases.
23. Organizational Measures
The Company will ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
- All employees, agents, contractors, or other parties working on behalf of the Company will be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and will be provided with a copy of this Policy;
- Only employees, agents, subcontractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly will have access to personal data held by the Company;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
- Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
- The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be regularly evaluated and reviewed;
- All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound by contract to do so in accordance with this Policy and the Regulation;
- All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any of their employees who are involved in the processing of personal data are held to the same conditions as those applicable to employees of the Company arising out of this Policy and the Regulation;
- Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy, that party must indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
24. Transferring Personal Data to a Country Outside the EEA
a) The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data collected from data subjects inside countries of the EEA to countries outside of the EEA.
b) The transfer of such personal data to a country outside of the EEA shall take place only if one or more of the following applies:
- The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
- The transfer is to a country (or international organization) that provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorized by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
- The transfer is made with the informed consent of the relevant data subjects;
- The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);
- The transfer is necessary for important public interest reasons;
- The transfer is necessary for the conduct of legal claims;
- The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or
- The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who can show a legitimate interest in accessing the register.
25. Data Breach Notification
a) All personal data breaches must be reported immediately to the Company’s data protection officer.
b) If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects located in the EU (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
c) In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Section 25(b)) to the rights and freedoms of data subjects located in the EU, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
d) Data breach notifications shall include the following information:
- (i) The categories and approximate number of data subjects concerned;
- (ii) The categories and approximate number of personal data records concerned;
- (iii) The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
- (iv) The likely consequences of the breach; and
- (vi) Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
26. Implementation of Policy
This Policy is effective as of May 25, 2018. This Policy applies solely to matters occurring on or after its effective date. No part of this Policy shall have retroactive effect.