Privacy Policy

The Basics

Welcome to Pimberly’s privacy policy.

Pimberly Software Development Limited (collectively referred to as “Pimberly, “we”, “us” or “our” in this privacy policy) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy here: [LINK]. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. DATA SECURITY
7. DATA RETENTION
8. YOUR LEGAL RIGHTS
9. GLOSSARY

1. Important Information and Who We Are

Purpose of this privacy policy

This privacy policy aims to give you information on how Pimberly collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Pimberly Software Development Limited is the controller and responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Pimberly Software Development Limited

enquiries@pimberly.com

9^th Floor St James’s Tower

7 Charlotte Street

Manchester

M1 4DZ

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the United Kingdom (“UK”) regulator for data protection issues (www.ico.org.uk) or the relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach any data protection authority so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. If at any time in the future we plan to use personal data in a way that differs from this privacy policy, we will revise this privacy policy as appropriate. This version was last updated on [DATE].

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.

Third Party links

This website may include links to Third Party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow Third Parties to collect or share data about you. We do not control these Third Party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The data we collect about you

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).

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, last name, job title and company information.
• Contact Data includes address, email address and telephone number.
• 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.
• Usage Data includes information about how you use our website.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect information about you from other sources including Third Parties and from publicly available information.  We may combine this information with personal data provided by you. This helps us update and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you, event promotion, profiling and determining eligibility. The personal data we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviours. We collect such personal data from Third Party providers of business contact information, including addresses, job titles, email addresses, phone numbers, user behaviour data, IP addresses, social media profiles, LinkedIn URLs, and custom profiles and verifying contact information.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

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.

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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity Data and Contact Data by corresponding with us by post, a form on our website, phone, email or otherwise. This includes personal data you provide when you:
• request marketing to be sent to you; or
• give us feedback or contact us via the submission form on our website.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy [LINK] for further details.

Publicly available sources. We will receive personal data about you and your business from various public sources including Companies House and the Electoral Register (based in the UK) and Google (using tools such as Google Analytics and Google Ads based outside the UK)

4. How we use your personal data

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:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before 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.

Purposes for which we will use your personal 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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you would like to change your marketing preferences or make certain decisions about your personal data use, please contact us at privacy@pimberly.com.

Promotional offers from us

We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any Third Party for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, warranty registration, product experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see [LINK TO COOKIE POLICY].

Change of purpose

We will only use your 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 your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table. Your personal data will not be shared with any Third Parties unless you have provided us with your consent to do so pursuant to the purposes.

• Third Party Providers. Your personal data may be stored outside of the UK as a result of our use of Third Party providers. We will receive personal data about you and your business through using the following Third Party providers for our data-processing activities:
  • ZoomInfo Technologies LLC, a B2B database provider based in the US, in respect of Identity Data and Contact Data;
  • Leadfeeder, a B2B database provider, based Finland in which personal data is stored in Ireland and the US in respect of Technical Data;
  • Salesforce, a CRM service provider, based in the UK and the US in which personal data is collected and stored in the US in respect of Identity, Contact and Technical Data; and
  • Google Analytics, based in Ireland and the US in respect of Technical, Usage and Marketing and Communications Data.

Third Parties may also include those we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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.

6. International transfers

We share your personal data within the Pimberly Group. This will involve transferring your data outside the UK and the European Economic Area (“EEA”). As referred to in section 5, some of our external Third Parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK or the EEA, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:

• We will only transfer your personal data to a territory/country that has been deemed by the ICO and EU Commission to provide an adequate level of protection for individuals’ rights and freedoms from their personal data; and/or
• Where we use certain service providers, we may use specific contracts including the use of ICO and EU Commission-approved standard contractual clauses, in combination with additional safeguards.

Please contact us at enquiries@pimberly.com if you want further information on the specific mechanism used by us when transferring your personal data internationally.

7. Data security

We employ appropriate technical and organisational security measures in an effort to protect your personal information from unauthorised access, improper use or disclosure, unauthorised modification or unlawful destruction or accidental loss. 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. However, it is important to remember that no web-based platform can be 100% secure and we cannot be held responsible for unauthorised or unintended access that is outside of our control.

If we become aware of any breach of your personal information, we will take steps to promptly assess and remediate the breach. Where appropriate, and in accordance with our legal obligations, we may also take steps to notify you about the breach, in particular where we believe that the breach has resulted in a high risk to your rights and freedoms.

We have put in place procedures to deal with any suspected personal data breach and will notify you, without undue delay and in any event no later than 48 hours of becoming aware, as well as the ICO or the relevant data protection authority where we are legally required to do so.

8. Data retention

How long will you use my personal data?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe that 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.

In some circumstances, you can ask us to delete your data: see your legal rights below 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.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data which are explained in the Glossary below. You have the right at any time to:

• Request access and a copy of your personal data on our records.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent in relation to Third Party access to your personal data.

If you wish to exercise any of the rights set out above, please contact us.

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.

10. information for users in the US

The handling of your personal data will be based in the US subject to the law governing your local state or area within the US.

If you are a California resident, your state’s laws may provide you with additional rights regarding our use of your personal information.  California residents have specific rights under the California Consumer Privacy Act (CCPA), subject to certain limitations and exceptions, including:

• Right to opt-out of sale: we do not sell personal data in exchange for monetary consideration. However, we do share personal data for other benefits that could be regarded as a “sale” under the CCPA. We want to give you control over how your personal data is collected and shared.
• Right to request access: you can exercise your right to request access to more details on what categories and specific pieces of personal information we may have collected about you in the last 12 months (including personal information about you disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed).
• Right to request deletion: you can exercise your right to request that we delete any personal data about you that we have collected. We will not be obliged to delete information that would create issues in completing a transaction or compliance with a legal obligation.
• Right to non-discrimination: we will not discriminate against you (such as denying services or providing a different level of services) in exercising any of the rights afforded to you.

For US users, your personal data will be processed by [entity name]. For further information on how your personal data will be handled, or if you are a Californian resident and want to exercise any of your rights detailed above under the CCPA, please contact [entity name/contact]. You may be required to provide additional information necessary to confirm your identity before we can respond to your request.

Responses to such requests will be completed within a reasonable period of time (and within any time-period required by applicable law). Please note that our own legal obligations to establish, exercise, or defend legal claims may be exempt from such requests.

11. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

A Third Party or Third Parties means:

• our Third Party service providers who provide data processing, marketing and database services to us (for example, to support the performance of our Website, and enhance the security of our Website as well as those involved in the delivery of services or system administration services);
• any competent law enforcement body, regulatory, government agency, court or other Third Party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
• a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this privacy policy; and/or
• professional advisers acting as processors including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

YOUR LEGAL RIGHTS

(If you are a US user, please also refer to section 9).

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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.