Privacy policy | Overtly Creative

1. Definitions and Interpretation
1. In this Policy the following terms shall have the following meanings:
  1. "Account" means an account required to access and/or use certain areas and features of My Site;
  2. "Cookie" means a small text file placed on your computer or device by My Site when you visit certain parts of My Site and/or when you use certain features of My Site. Details of the Cookies used by My Site are set out in Part 14, below; and
  3. "Cookie Law" means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
2. Information About Me
1. My Site is owned and operated by Darren Neasham, a sole trader, trading as Overtly Creative.
  Address: 42 Station Road, Southwater, West Sussex, RH13 9HQ.
  VAT number: 909 9020 17.
3. What Does This Policy Cover?
1. This Privacy Policy applies only to your use of My Site. My Site may contain links to other websites. Please note that I have no control over how your data is collected, stored, or used by other websites and I advise you to check the privacy policies of any such websites before providing any data to them.
4. What is Personal Data?
1. Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
2. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
5. What Are My Rights?
1. Under the GDPR, you have the following rights, which I will always work to uphold:
  1. a The right to be informed about my collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact me to find out more or to ask any questions using the details in Part 15.
  2. b The right to access the personal data I hold about you. Part 13 will tell you how to do this.
  3. c The right to have your personal data rectified if any of your personal data held by me is inaccurate or incomplete. Please contact me using the details in Part 15 to find out more.
  4. d The right to be forgotten, i.e. the right to ask me to delete or otherwise dispose of any of your personal data that I have. Please contact me using the details in Part 15 to find out more.
  5. e The right to restrict (i.e. prevent) the processing of your personal data.
  6. f The right to object to me using your personal data for a particular purpose or purposes.
  7. g The right to data portability. This means that, if you have provided personal data to me directly, I am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask me for a copy of that personal data to re-use with another service or business in many cases.
  8. h Rights relating to automated decision-making and profiling. I do not use your personal data in this way.
2. For more information about my use of your personal data or exercising your rights as outlined above, please contact me using the details provided in Part 15.
3. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
4. If you have any cause for complaint about my use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
6. What Data Do I Collect?
1. Depending upon your use of My Site, I may collect some or all of the following personal and non-personal data (please also see Part 14 on my use of Cookies and similar technologies):
  1. Name;
  2. Address;
  3. Email address;
  4. Telephone number;
  5. Business name;
  6. Job title;
  7. Profession;
  8. IP address;
  9. Web browser type and version;
  10. Operating system;
7. How Do You Use My Personal Data?
1. Under the GDPR, I must always have a lawful basis for using personal data. This may be because the data is necessary for my performance of a contract with you, because you have consented to my use of your personal data, or because it is in my legitimate business interests to use it. Your personal data may be used for the following purposes:
  1. Providing and managing your Account;
  2. Providing and managing your access to My Site;
  3. Personalising and tailoring your experience on My Site;
  4. Supplying my services to you. Your personal details are required in order for me to enter into a contract with you.
  5. Communicating with you. This may include responding to emails or calls from you.
  6. Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by using the unsubscribe links in my marketing emails, or contacting me using enquiry form on the contact page of my website).
2. With your permission and/or where permitted by law, I may also use your personal data for marketing purposes, which may include contacting you by email or post with information, news, and offers on my services. You will not be sent any unlawful marketing or spam. I will always work to fully protect your rights and comply with my obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
8. How Long Will You Keep My Personal Data?
1. I will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
  1. Data processed as part of an enquiry will be kept for 90 days, unless it relates to an existing service or contract, forms the basis of a new service or contract, or has a legal or tax purpose.;
  2. Data processed as part of supplying my services to you will be kept for the lifetime of the service/contract, plus up to 7 years after the termination service/contract to comply with legal and tax purposes.
9. How and Where Do You Store or Transfer My Personal Data?
1. For most purposes, I will store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.
2. I may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that I will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.
3. I share your data with external third parties, as detailed below in Part 10, that are based outside of the EEA. The following safeguards are applied to such transfers:
4. I will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of personal data protection. More information is available from the European Commission.
5. Where I transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.
10. Do You Share My Personal Data?
1. I may sometimes contract with third parties to supply certain products or services. These may include domain name registration and delivery. In some cases, those third parties may require access to some or all of your personal data that I hold.
  1. Nominet - Domain name registration - UK.
  2. Enom - Domain name registration - USA.
2. If any of your personal data is required by a third party, as described above, I will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, my obligations, and the third party’s obligations under the law, as described above in Part 9.
3. If any personal data is transferred outside of the EEA, I will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.
4. In some limited circumstances, I may be legally required to share certain personal data, which might include yours, if I am involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
11. How Can I Control My Personal Data?
1. In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via My Site, you may be given options to restrict my use of your personal data. In particular, I aim to give you strong controls on my use of your data for direct marketing purposes (including the ability to opt-out of receiving marketing emails from me which you may do by unsubscribing using the links provided in my marketing emails).
2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
12. Can I Withhold Information?
1. You may access certain areas of My Site without providing any personal data at all. However, to use all features and functions available on My Site you may be required to submit or allow for the collection of certain data.
2. You may restrict my use of Cookies. For more information, see Part 14.
13. How Can I Access My Personal Data?
1. If you want to know what personal data I have about you, you can ask me for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
2. All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell me everything I need to know to respond to your request as quickly as possible.
3. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover my administrative costs in responding.
4. I will respond to your subject access request within 14 working days and, in any case, not more than one month of receiving it. Normally, I aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date I receive your request. You will be kept fully informed of my progress.

14. How Do You Use Cookies?

My Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by me and are used only by me. I use Cookies to facilitate and improve your experience of My Site and to provide and improve my services. I have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
All Cookies used by and on My Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a popup requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling me to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of My Site may not function fully or as intended.
Certain features of My Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that My Site may not work properly if you do so. I have taken great care to ensure that your privacy is not at risk by allowing them.

The following first-party Cookies may be placed on your computer or device:

Name of Cookie	Purpose	Strictly Necessary
WHMCS[STRING]	Account area of website only: This is used to store the unique session ID for each visitor and enables variables to be remembered and passed between page loads. Without it, you would never remain logged in to your Account. This is a session only cookie so expires as soon as the browser is closed.	Yes

In addition to the controls that I provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

15. How Do I Contact You?
1. To contact me about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
  Email address: gdpr@overtly.co.uk.
  Telephone number: 0844 487 4044.
  Postal Address: 42 Station Road, Southwater, West Sussex, RH13 9HQ.
16. Changes to this Privacy Policy
1. I may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if I change my business in a way that affects personal data protection.
2. Any changes will be immediately posted on My Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of My Site following the alterations. I recommend that you check this page regularly to keep up-to-date.