References to “an individual” or “individuals” are to individuals using our websites or otherwise with whom we have contact or other dealings (whether on behalf of themselves, or their business or another individual or organisation).
1 IMPORTANT INFORMATION
This version was last updated on 21 June 2018.
It is important that the personal data we hold about individuals is accurate and current. Individuals should keep us informed if their personal data changes during their relationship with us.
Our website is not intended for children and we do not knowingly collect data relating to children.
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).
2 WHO WE ARE
The Online Book Company provides bespoke digital books, customised for each client, which are operated on our viewer platform. Our customers may display the book on their websites and we will host the software to enable them to do this. We also provide App services, allowing words, images and donations to be added directly to a customer’s online book. We most commonly provide our products / services to business customers and occasionally to consumer customers.
We are bound by applicable data protection laws in respect of the handling and collection of your personal data. The Online Book Company is registered as a data controller in England and Wales, with the Information Commissioner’s Office (ICO) under the ICO number Z3137672.
3 BASIS FOR PROCESSING PERSONAL DATA
This policy only applies to the processing that we carry out as a Data Controller.
When our business customers (such as charities) order our products or use our services, for example by sending us information for inclusion within a digital book, such data may include the personal data of members of the public or of the customers of our business customers.
We provide our services in this way as a Data Processor on behalf of such customers, our customers are the Data Controller of the information. They are responsible for how personal data is used when purchasing and using our products and services. If you have any specific queries or concerns about how other services have been used by our customer, you should contact the relevant organisation (our customer) in their capacity as a controller.
Sections 3.3 – 3.10 below explain the purposes for which we may process personal data as a controller, as well as the legal basis on which this processing is carried out.
To provide information to individuals: We may process personal data relating to individuals in order to respond to general or specific enquiries from individuals, however communicated, which may have been sent by the individual on their own behalf or in their capacity as an employee or representative of a customer.
The legal basis on which we process an individual’s personal data in these circumstances is our legitimate interest to assist individuals with queries, grow our business and to provide good customer service.
In connection with the supply or receipt of goods and/or services: We may also process an individual’s personal data in connection with goods and services contracts (for example when the individual is an employee, agent or representative of one of our customers or a supplier to us). This includes when we host our book viewer platform on our customers’ websites and to set up user accounts. The legal basis on which we process an individual’s personal data is performance of a contract (where that individual is a consumer customer) or our legitimate interest to provide or receive goods and services and to run our business (to our business customers).
To make our website better: We may process an individual’s personal data in order to provide a more tailored user experience, including using their personal data to make sure our website is displayed in the most effective way for the device such individual is using. This processing means that an individual’s experience of our site will be more tailored to them, and that the content an individual sees on our site may differ from someone accessing the same site with a different browsing history or habits. We also use various cookies to help us improve our website (more details are set out in section 4.3), but we will not share an individual’s personal data with the third party analytics and search engine providers that assist us in the improvement and optimisation of our website. We will also process personal data for the purposes of making our website more secure, and to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
The legal basis on which we process personal data in these circumstances is our legitimate interest to provide an individual with the best experience we can, keep our website updated and relevant, study how individuals use our services, to inform our marketing strategy and to ensure that our website is kept secure.
For marketing purposes: We may send individuals marketing communications by email, telephone or mail. Business customers: We may send marketing to business customers relating to the products and services they can purchase from us. The legal basis we rely on to engage with our customers in this way is our shared legitimate interests in doing business together. Any individual that receives any such marketing is entitled to exercise their right to object to receiving such marketing communications by contacting us (please see sections 9 and 10). Consumers: We will only send direct marketing communications to consumers if the individual has provided their express, opt-in consent. Individuals can withdraw their consent at any time by contacting us (please see section 10) or, by following the unsubscribe link in every marketing communication received from us.
If an individual does choose to object to the communications, unsubscribe or withdraw their consent, this will not mean that our processing of such individual’s personal data before they withdrew their consent was unlawful.
For prospecting: In a business-to-business context we may make contact with individuals to provide or seek information in connection with our services or in connection with the products or services of a supplier with whom we wish to engage. The legal basis we rely on for making contact with individuals and processing their personal data is our shared legitimate interests in doing business together. When we make contact with individuals, they can exercise their right to object to such contact from us (for more information about individuals’ rights, see section 9).
In connection with recruitment activities: We may process personal data relating to individuals in order to respond to general or specific enquiries from individuals in connection with work opportunities which may have been sent by the individual on their own behalf or by recruitment agents. This includes those enquiries received through the contact form on our website or otherwise communicated to us. The legal basis on which we process an individual’s personal data in these circumstances is our legitimate interest to recruit employees and workers and to grow our business
If our business is sold: We may transfer individual personal data to a third party:
in the event that we sell or buy any business or assets, in which case we will disclose personal data to the prospective seller or buyer of such business or assets (at all times in accordance with all applicable data protection laws); or
if The Online Book Company or substantially all of its assets are acquired by a third party, in which case personal data held by us will be one of the assets transferred to the purchaser, in each case, the legal basis on which we process data in these circumstances is our legitimate interest to ensure our business can be continued by a purchaser. If individuals object to our use of personal data in this way, the relevant seller or buyer of our business may not be able to provide the applicable services.
The legal basis on which we process personal data in these circumstances is our legitimate interest to remain transparent in our use of individuals’ personal data and to ensure individuals are kept updated on how and why we process their personal data.
We will only use an individual’s personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use individuals’ personal data for an unrelated purpose, we will notify each individual and we will explain the legal basis which allows us to do so.
Please note that we may process an individual’s personal data without knowledge or consent, where this is required or permitted by law.
4 CATEGORIES OF INFORMATION WE COLLECT FROM INDIVIDUALS
Information individuals give us: Individuals (such as individuals working for and on behalf of a customer) may provide their personal data when corresponding with us by post, phone, email or otherwise. This includes personal data provided when an individual:
purchases our products or services;
registers with us or opens a user account;
contacts us using the details provided on our website;
comments, writes dedications or posts other material on our website;
applies for a job with us;
requests marketing to be sent to them;
completes a survey; or
gives us some feedback.
Online information we collect: With regard to visits to our website we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect an individual’s computer to the Internet, login information, browser type and version, time zone setting, browser plug-in types and versions, other hardware information, domain name, operating system and platform and possibly other software information;
information about an individual’s visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), 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.
Information we receive from other sources: We may receive information about an individual through the use of our website or through use of the other services we provide. We work closely with third parties such as third party sub-contractors and suppliers (for example in connection with technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies and hosting providers) from whom we may also receive information about individuals.
Special categories of data: When providing our products and services, we do not process (as a controller) any data relating to criminal convictions or offences or related security measures or any special categories of personal data, meaning personal data revealing:
racial or ethnic origin;
political opinions; religious or philosophical beliefs or trade union membership;
genetic or biometric data that uniquely identifies you; or
data concerning your health, sex life or sexual orientation.
However, our business customers may process this type of data in their capacity as a controller.
5 DISCLOSURES OF INDIVIDUALS’ PERSONAL DATA
For the purposes set out in section 3, we may have to share individuals’ personal data with the following parties:
External Third Parties such as:
Service providers acting as processors based in the UK who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, insurers and employment and recruitment agencies based in the UK (or other relevant jurisdictions) who provide consultancy, banking, legal, insurance, accounting and recruitment services.
Credit reference agencies.
Debt collection agencies.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK (or other relevant jurisdictions) who require reporting of processing activities in certain circumstances.
Other third party companies where we have an agreement in place and only where an individual has agreed that we may share their Identity and Contact Data with them.
Specific Third Parties such as:
Sendgrid based in the USA who provide us with email services
Microsoft based in the USA who provide us with email services
UKFast based in UK who provide web hosting services.
WP-Engine based in Ireland who host our online donations sites.
Stripe based in USA who provide payment processing services.
PayPal based in Luxemburg who provide payment processing services.
CloudSwipe based in USA who provide payment processing services.
Salesforce based in USA who provide CRM services
We require all third parties to respect the security of individuals’ personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use individuals’ personal data for their own purposes and only permit them to process individuals’ personal data for specified purposes and in accordance with our instructions.
6 INTERNATIONAL TRANSFERS
Individuals or customers who access our website may be based outside the European Union (EU) so the processing of their personal data will involve the transfer and storage of data outside the EU. Some of our suppliers are based outside the EU.
Whenever we transfer an individual’s personal data out of the EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer the personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
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 Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring personal data out of the EU.
7 DATA SECURITY
We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to individuals’ personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process 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 the individuals involved and any applicable regulator of a breach where we are legally required to do so.
8 DATA RETENTION
How long will you use an individual’s personal data for?
We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 the personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We will generally retain our customers’ data for a period of 7 (seven) years after they cease to be a customer, to ensure that we are able to assist should they have any questions or feedback in relation to our products / services, or to protect or defend our legal rights.
Where we have processed personal data to provide an individual with marketing communications with consent, we may contact that individual at least every twelve (12) months to ensure they are happy to continue receiving such communications. If an individual tells us that they no longer wish to receive such communications, their personal data will be removed from our marketing lists (but will be added to a “do not contact” list).
Where we have processed personal data for any other reason (such as where an individual has contacted us with a question in connection with our products / services), subject to section 8.3, we will retain their data for twelve (12) months.
In some circumstances individuals can ask us to delete their data: see section 9.1.3 below for further information.
In some circumstances we may anonymise personal data (so that it can no longer be associated with an individual) for research or statistical purposes in which case we may use this information indefinitely without further notice to that individual.
9 INDIVIDUALS’ LEGAL RIGHTS
Under certain circumstances, individuals have rights under data protection laws in relation to their personal data. Individuals may have the right to: 9.1.1
Request access to their personal data (commonly known as a “data subject access request”). This enables individuals to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.
Request correction of the personal data that we hold about them. This enables individuals to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data they provide to us.
Request erasure of their personal data. This enables individuals to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Individuals also have the right to ask us to delete or remove their personal data where they have successfully exercised their right to object to processing (see below), where we may have processed their information unlawfully or where we are required to erase their personal data to comply with local law. Note, however, that we may not always be able to comply with an individual’s request of erasure for specific legal reasons which will be notified to them, if applicable, at the time of their request.
Object to processing of their personal data where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms. Individuals also have the right to object where we are processing their personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process an individual’s information which override their rights and freedoms.
Request restriction of processing of their personal data. This enables individuals to ask us to suspend the processing of their personal data in the following scenarios: (a) if they want us to establish the data’s accuracy; (b) where our use of the data is unlawful but they do not want us to erase it; (c) where they need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims; or (d) they have objected to our use of their data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of their personal data to them or to a third party. We will provide to individuals, or a third party they have chosen, their personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which they initially provided consent for us to use or where we used the information to perform a contract with the individual.
Withdraw consent at any time where we are relying on consent to process their personal data. However, this will not affect the lawfulness of any processing carried out before the individual withdrew their consent. If an individual withdraws their consent, we may not be able to provide certain products or services to them. We will advise the individual if this is the case at the time they withdraw their consent.
Individuals wishing to exercise any of the rights set out above should contact us directly.
Individuals have the right to make a complaint at any time to the ICO, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with concerns before you approach the ICO so please contact us in the first instance.
No fee usually required;
Individuals will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if their request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with their request in these circumstances.
What we may need from individuals
We may need to request specific information from individuals to help us confirm their identity and ensure their right to access personal data (or to exercise any of their 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 individuals to ask for further information in relation to their request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if an individual’s request is particularly complex or they have made a number of requests. In this case, we will notify the individual and keep them updated.