25 February 2020
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 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.
2. Who We Are
This is some information about Gived Ltd. We want to help you understand who we are and how you can get a hold of us if you have any questions or concerns about your privacy or the use of your personal data.
2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':
• Our Website address is Gived.org
• Our company name is Gived Ltd.
• Our registered address is 5 Lancaster Ride, Penn, HP108DU
• Our nominated representative is joe Coquet and she can be contacted at [email protected]
3. What We May Collect
Gived.org does need to collect some personal data. We might ask you for information like: Company name, Name, Email address, Payment information, Phone number, etc. This data will only be requested if you access our services or require features that need this data to work.
3.1 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).
3.2 We may collect, use, store and share (with 3rd parties) different kinds of personal data about you which we have grouped together as follows:
• Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.
• Contact Data includes billing address, invoicing address, email address and telephone numbers.
• Financial Data includes bank account, payment card details, and Stripe account details.
• Transaction Data includes details about payments and other details of our Services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
• Profile Data includes your username and password, reservations made by you, 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.
• Interaction Data includes any information that you might provide to any discussion forums on the Website.
• Cookies Data like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.
• Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
3.4 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) 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; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
3.7 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
4. How We May Collect and Use Your Data
We collect and process data about you only where we have a legal basis for doing so. The legal bases for processing are when:
It’s necessary for a contract you enter with us (for example, when you request a service that we provide and we give it to you);
It satisfies a legitimate interest - such as for research and development, to market and promote our services, and to protect our legal rights and interests;
You give us consent to do so (for example if you give us permission to email you a newsletter or product update)
We need to process your data to comply with a legal obligation
We may collect, hold, use and disclose data to:
Enable you use and experience our website and products
Communicate with you efficiently and effectively
For marketing purposes
Use for legal and administrative purposes
4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions . You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) present Website content;
b) use any of our Services;
c) create an account on our Website;
d) subscribe to our Services or publications;
e) request marketing to be sent to you;
f) enter a competition, promotion or survey; or
g) give us some feedback.
Automatic logs . When you visit our site, our servers may be automatically logging the standard data sent to us by your web browser. This data is essential to responding to requests your browser sends us and usually includes your computer's IP address, your browser type and version, the pages you visit, the time and date of your visit, the amount of time spent on each page, and other details.
Device data . When you make a request to our servers your device attaches some extra information to the request. This usually includes information like the device’s type (e.g. laptop, tablet, phone), device OS (e.g. Windows, macOS, Android), unique device identifiers, and sometimes location data, depending on the device. To find out exactly what’s sent we recommend you check your device settings.
4.2 In addition to the above, we may use the information in the following ways:
a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b) To administer a contest, promotion, survey or other site feature.
c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
d) Present Website content effectively to you
e) Provide information, and services that you request, or (with your consent) which we think may interest you.
f) Carry out our contracts with you.
g) Provide the relevant Services to you
h) Tell you our charges.
i) Enable you to access and use our website, associate applications, services and associated social media platforms
j) Contact and communicate with you
k) Keep records for administrative purposes
l) advertise and/or market, including sending you promotional information as and when we have consent
m) Comply with legal obligations and resolve any disputes that we may have
n) Consider your employment application with us
4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
4.4 If you are a new customer, you will only be contacted if you agree to it.
4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
4.6 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at [Email Address], and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible [products and] services to you.
4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the [products and] services we can provide you if you don’t provide your personal data in these cases.
4.8 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:
a) Where we need to perform the contract we are about to enter into or have entered into with you.
b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
c) Where we need to comply with a legal or regulatory obligation
4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at [Email Address], and we will either delete your data from our systems or move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you.
4.11 We endeavour not to keep personal data for longer than we need it. While we have your data, we protect it within acceptable means to prevent loss, theft and unauthorised access, disclosure, copying, use or modification.
4.12 If necessary we may retain your data for our compliance with legal obligation, or in order to protect your vital interests.
4.13 We cannot guarantee absolute data security and advise that no method of electronic transmission or storage is 100% secure.
Cookies are small pieces of data about you and your activity across the site. Sometimes they store preferences, and other times they return data to who issued them. You can opt-in and out of cookies by following your browser instructions for turning cookies off.
5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.
6. Security and Where We Store Your Data
Any personal information we collect is stored and processed in London, United Kingdom, and where our partners, affiliates and third-party providers maintain facilities. When you give us your information you consent to it’s transfer overseas.
If this transfer overseas results in transfer outside of the European Economic Area (EEA) we shall ensure that it’s protected by appropriate safeguards. These safeguards include those approved by the European Commission, binding corporate rules, and other legally acceptable means.
Transfers overseas may result in data you give us being held in jurisdiction which are not subject to similar data privacy laws as ours, therefore if a third party engages in acts or practices which would contravene our laws this may mean you will not be able to seek redress from them.
In any instance where there is evidence that your personal data is breached from our systems, we will openly and transparently notify you of it, and take proactive steps to ensure such a breach does not occur in the future. We comply with all laws applicable to us in the respect of a data breach.
6.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield.
6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. 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.
6.4 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.
6.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
6.6 Any payments made by you will be encrypted.
6.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
6.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don't share it.
6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship has ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
7. Disclosure of Personal Data to Third-Parties
We might share personal information to a third-party to enable them to provide their services to us. Currently, these include: Stripe, Heroku, Twilio, our employees, contractors and/or related entities. If the need arises, we might share personal data with IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators.
7.1 We are allowed to disclose your information in the following cases:
7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.
7.1.2 We can disclose it to other businesses in our group.
7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
7.1.4 We can exchange information with others to protect against fraud or credit risks.
7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:
The individuals & organisations you support through the Service
The individuals & organisations you interact with through Gived products
our employees, contractors and/or related entities
7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
8. Your Rights
You do not have to provide personal data to us, and can withdraw consent at any time. However, if you do not provide certain information we may not be able to provide a complete experience for our website, products or services.
8.2 Under the GDPR, you have the right to:
• request access to, deletion of or correction of, your personal data held by us at no cost to you;
• request that your personal data be transferred to another person (data portability);
• be informed of what data processing is taking place;
• restrict processing;
• to object to processing of your personal data; and
• complain to a supervisory authority.
8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
9. Limits of Our Policy & Links to Other Sites
9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
10. Information from Third-Parties
10.2 If you are a third-party providing us personal data, you represent and warrant that you have the person’s consent prior to disclosure to us.
11. Restriction of Processing
If you have previously consented to Gived Ltd. processing your data, but would like to restrict consent please contact [email protected]
11.1 You can restrict the collection and processing of your personal data where consent was given in the past. If you have agreed to us using your personal data for marketing purposes, you can opt out by contacting us.
12. Access and Data Portability
A copy of the personal data we have about you can be provided if needed. Please contact [email protected] to make formal requests.
12.1 You may request the personal data we hold on you, and where possible we will return this to you in a generally accepted, easily readable machine format format such as JSON or CSV.
12.2 You may also request that we transfer this personal information to a third-party. We may request verification of your identification in case we doubt the authenticity of the request.
We want to ensure that the information we have is complete and correct. If you believe that the information we hold needs to be amended, please contact [email protected]
13.1 If you believe the information we hold on you is incorrect or inaccurate in any way, you have the right to request rectification.
At Gived Ltd., we understand that you want to keep your inbox tidy. If you feel like you are getting too many emails from us, please email [email protected]
15.1 To unsubscribe from our email databases or opt-out of communications, please contact us using the opt-out facilities provided in the footer of the emails.
15. Business Transfers
15.1 If Gived Ltd.’s assets are acquired, or if we go out of business, we would include data amongst the assets to transfer to any parties who acquire us.
15.2 You acknowledge such transfers might occur, and that any parties who acquire us may continue to use your personal information according to this policy.
15.3 In an acquisition context we may also have a new data controller and data protection officer, and their details would be passed onto you.
If you believe that we have breached a relevant data protection law or have evidence of any breach, you may contact joe Coquet, the Representative at Gived, at [email protected] and we will investigate your complaint.You also have the right to contact any regulatory body or data protection authority in relation to your complaint.
16.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
16.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
16.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
16.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
16.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
16.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
17. Changes to this Policy
17.2 We will take reasonable steps to let you know of any such changes via our website or email communications, etc.
18. Your Consent
18.3 If you’re under 18, you must have your parent or guardian’s consent to share your personal data prior to the access of our website or use of our services.
18.4 You can withdraw consent at any time, however this will not affect any processing that has already happened.
19. Any Other Concerns
Gived Ltd. Data Protection Representative
Effective date (DD/MM/YYYY): 25/02/2020