In this Policy, where we refer to “Black Vanilla” (or “we”/”us”/”our)”, we mean Black Vanilla Limited.
You have the right to make a complaint at any time to the Office of the Data Protection Authority, the Guernsey supervisory authority for data protection issues (www.odpa.gg). We would, however, appreciate the chance to deal with your concerns before you approach the ODPA so please contact us in the first instance.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) and that could otherwise be combined to identify an individual.
In the course of operating our business, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account details.
Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile Data includes your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Special Category Data. In certain instances, personal data processed may include “Special Category Data”, which includes information on a person’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data processed for the purpose of uniquely identifying a natural person, health data, data on a person’s sex life or sexual orientation or data relating to a person’s criminal record or alleged criminal activity. In such instances, legal bases for processing that data may include explicit consent (where the Special Category Data has been provided to us by the data subject for any of the above-listed purposes) or the processing being necessary for compliance with a legal obligation or the purposes of legal proceedings or legal advice.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your data by corresponding with us by post, phone, email, via our website, in person or otherwise. This includes personal data you provide when you:
use our products or services;
apply for a role with us;
register or attend an event or training;
are asked or request to participate or are involved in media enquiries, events and releases;
are asked or request to participate or are involved in competitions, promotions, surveys or research;
ask to be included on our contact database;
give us feedback or contact us;
use our website.
participate in discussion boards or other social media functions on our site
Third parties or publicly available sources. We will receive personal data about you from various third parties including other service providers with whom you have dealings and public sources relevant to our services.
Generally, we do not rely on consent as a legal basis for processing your personal data. However, where you have given your consent you have the right to withdraw that consent at any time by contacting us on email@example.com
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
At Black Vanilla we are committed to protecting and respecting your privacy. We provide public relations, communications and event services to our clients and we use your personal data for those purposes.
Normally the purposes for which we use your personal data will be clear when we collect that data. We will not use your personal data for purposes that are not clear when we collect that data.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
By using our site, including on your first visit, you confirm that you accept our terms and that you agree to comply with them.
The materials contained in our website (including any publications or documents) are provided for general information purposes only and do not constitute advice.
While every effort has been made to ensure that the information contained on our website is complete and accurate at the date of publication, we do not give any guarantee or warranty as to the adequacy, accuracy or completeness of the information contained on our website, and accept no liability arising from any inaccuracy or omissions in or the use of or reliance on the information contained in our website.
We will not be liable under any circumstances to any user for loss or damage, including any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The copyright in the content, design, graphics, layout, visual images and downloadable material in our website is owned by us. Permission is granted to view, download and print any of the content and downloadable material in our website for personal, non-commercial use only. No other copying, distribution, modification, republication or other use of the content or materials on our website is permitted without our express written permission.
You may give us information about you by using this website. This includes information you provide when you register to use our site, subscribe to any of our services, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, URL, IP address etc.
With regard to each of your visits to our site we may automatically collect information from you, including:- (i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and (ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
We may receive information about you if you use any of the other websites we operate or the other services we provide.
By using our website or any web services or tools related to our services, you are consenting to us putting cookies on your computer and using the data collected by them.
You can block cookies by setting your browser to refuse all or some cookies or to alert you to when a cookie is being sent. Some browsers have an anonymous browsing mode which will prevent the site from reading any older cookies, or storing any cookies for longer than your session duration. Doing any of this may not allow you to access all our parts of our website.
WHAT WE DO WITH THE WEBSITE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping
We may use the information to improve our products and services
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email or telephone.
We may use the information to customise the website according to your interests
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.
You should exercise caution and look at the privacy statement applicable to the website in question.
We may ask whether you wish to receive marketing from us and this will be presented to you as an option on the relevant application form or page on our website where necessary. We may also contact you by email or other means to inform you about other services or events which may be of interest to you.
You have the right at any time to stop us from contacting you for marketing purposes. If you wish to do so, please either unsubscribe or contact: firstname.lastname@example.org
Our website and its content is governed by the laws of the Island of Guernsey, and any dispute in connection with its use is subject to the exclusive jurisdiction of the Guernsey courts. Any communication with this website shall be deemed to have taken place in Guernsey, irrespective of where the remote user may physically be located.
We may share your personal information outside of Black Vanilla. This may include disclosures to:
Service providers who provide IT and system support and implementation services.
Third-party agents/suppliers or contractors, in connection with the processing of your personal information as relevant to the services that we provide and for the purposes described in this Policy. This may include, but is not limited to, software providers, remote management tools and other professional IT service providers; event and training service providers; service providers in relation to media relations and communications; professional industry bodies; service providers in relation to market research and surveys
Professional advisers including lawyers, bankers, auditors and insurers based in who provide banking, legal, insurance and accounting services.
Regulators and other authorities who require reporting of processing activities in certain circumstances.
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.
Should you apply for a position with us, we may disclose your personal information for the purposes of seeking references and confirmation of the details which you have provided. Further information can be found on our Candidate Data Collection Statement.
In the event that we transfer your personal information outside the European Economic Area (the “EEA”), we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in a number of different ways, for instance:
the country to which we send the personal information may have been assessed by the European Commission as providing an “adequate” level of protection for personal data (this includes Jersey and Guernsey)
the recipient may have signed a contract based on standard contractual clauses approved by the European Commission
In other circumstances, the law may permit us to otherwise transfer your personal information outside the EEA. In all cases, however, any transfer of your personal information will be compliant with applicable data protection law.
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 shareholders, employees, agents, contractors and other third parties based on a “need to know” principle. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as reasonably necessary:
to fulfil the purposes for which the personal information was collected for
in order to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations and/or
as required by data-protection laws and any other applicable laws or regulatory requirements.
We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. Details of retention periods for different aspects of your personal data are available from us on request.
In some circumstances, you can ask us to delete your data. Please read Your Legal Rights or contact the ODPA for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. 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 data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request 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 you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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 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 withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, you will need to check a box giving your consent for us to store and process your data
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at email@example.com or by unsubscribing from our mailing list.
If you wish to exercise any of the rights set out above, please contact our Data Privacy Manager at firstname.lastname@example.org
You also have the right to lodge a complaint about the processing of your personal information either with us, or with The Office of the Data Protection Authority in Guernsey (https://odpa.gg).
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it could 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.
We acknowledge that the information you provide us may be confidential. We do not sell, rent, distribute or otherwise make personal information commercially available to any third party, except that we may have information with our service providers for the purposes set out in this Policy. We will maintain the confidentiality of and protect the privacy of your personal information in according with this Policy and all applicable laws.