everseen

Privacy Policy

UPDATED 21/01/2020
Introduction

Welcome to the Everseen privacy policy.

Everseen 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 (regardless of where you visit it from) 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. 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. INTERNATIONAL TRANSFERS

  7. DATA SECURITY

  8. DATA RETENTION

  9. YOUR LEGAL RIGHTS

  10. GLOSSARY




1.     Important Information And Who We Are

Purpose of this privacy policy

This privacy policy aims to give you information on how Everseencollects and processes your personal data through your use of this website, including any data you may provide through this website when you contact us to apply for any advertised job vacancies or for general enquiries.

This website is not intended for children and we do not knowingly collect data relating to children.

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

Everseen Limitedis made up of different legal entities. This privacy policy is issued on behalf of theEverseenGroup so when we mention "Everseen", "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the EverseenGroup responsible for processing your data. Everseen Limitedis the controller and responsible for this website.

We have appointed a Data Privacy Officerwho is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the Data Privacy Officer using the details set out below.

Contact details

We have appointed a Data Privacy Officerwho is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the Data Privacy Officer using the details set out below.

Full name of legal entity: Everseen Limited
Email address: andra.oprean@everseen.com
Postal address: 4thFloor, The Atrium, Blackpool Retail Park, Cork T23 T2VY, Ireland

You have the right at all times to register a complaint directly with the relevant supervisory authority (either in the country where you live, the country where you work or the country where you deem that data privacy law has been infringed). You also have the right to make a complaint at any time to the Data Protection Commission's Office (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie).

We would, however, appreciate the chance to deal with your concerns before you approach the DPCor any other supervisory 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. This version was last updated on 26November 2019.

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.


2.     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 - any information that can be used to distinguish or trace an individual's identity, includingfirst name, maiden name, last name, username or similar identifier, marital status, title, date of birth and genderand any other information that is linked or linkable to an individual, such as educational, financial, and employment information.

  • Contact Data includes delivery address, email address and telephone numbers.

  • 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.

  • Marketing and Communications Data includes marketing information on our products and services, your preferences in receiving marketing from us and your communication preferences.

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 generally seek to collect, through this site or otherwise, 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. In the unlikely or limited case where we do seek to collect such Special Categories of Personal Data, we will do so in accordance with EU Data Protection Law and request your consent.

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 and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • apply for our products or services;


    • subscribe to our service or publications;


    • request marketing to be sent to you; or


    • give us feedback or contact us.


  • 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 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 for further details.

  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

    Technical Data from the following parties:

    1.   analytics providers such as Google based outside the EU;

    2.   search information providers such as Google or Bing based inside OR outside the EU.


  • Identity and Contact Data from data brokers or aggregators based [inside OR outside] the EU].

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 dataWe 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.br

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.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact
Performance of a contract with you
To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy (a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)


Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact and Technical 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 (we call this marketing).

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

Third-party marketing

We do not currently share your personal data with any third parties for marketing purposes. We will get your express 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 at any time.

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.

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 Purposes for which we will use your personal data above.

  • Internal Third Parties as set out in the Glossary.

  • External Third Parties as set out in the Glossary.

  • Third parties to whom 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 Everseen Group. This will involve transferring your data outside the European Economic Area (EEA).]

Where we transfer your information, we do so in accordance with EU data protection law. We only transfer personal information to these countries when it is necessary for the services we provide you, or it is necessary for the establishment, exercise or defence of legal claims or subject to safeguards that assure the protection of your information. We may rely on different legal mechanisms to ensure the transfer is lawful. If the recipient is in a country that is not deemed ‘adequate’ by the European Commission, we may enter into the ‘standard contractual clauses’ with the recipient. These are contracts that contain standard commitments approved by the EU Commission protecting the privacy and security of the information transferred. For recipients in the United States, we may alternatively rely on the EU-US Privacy Shield if such recipients are certified to receive your information under the Privacy Shield Program

Please note that the privacy protections and the rights of authorities to access your information in some of these countries may not be the same as in your home country. We will only transfer information as permitted by law.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7.     data security

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 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. 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.

8.     data retention

How long will you use my personal data for?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 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 set out in the table [Purposes for which we will use your personal data] above.

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.

  • Access: You have the right to request access to your information that we control.

  • Data Portability: You have the right to request that some of your personal information that you initially provided to us is returned to you or another controller in a commonly used machine readable format.

  • Rectify, Restrict and Delete: You have the right to ask us to restrict the processing of your information or to rectify or delete your information. Please note that despite a deletion request, we may continue to process your information if we have a legal basis to do so.

  • Object: If we process your information based on our legitimate interests explained above, or in the public interest, you can object in certain circumstances. In such cases, where legally required to do so, will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing, you can always object using the unsubscribe link in such communications or by contacting us directly.

  • Revoke Consent: Where you have previously provided your consent, you have the right to withdraw your consent to our processing of your information at any time. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or contacting us at the address in Section 1 above. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
  • Complain: You have the right at all times to register a complaint directly with the relevant supervisory authority (either in the country where you live, the country where you work or the country where you deem that data privacy law has been infringed). You also have the right to submit a complaint about our use of your information with your local supervisory authority or the Irish Data Protection Commission.


These rights are subject to a number of exceptions under law, including the Irish Data Protection Act, 2018.

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.     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

Internal Third Parties

Other companies in the Everseen Group acting as joint controllers or processors and who are based in the UK, Spain, Romania, Serbia, India and the United States and provide IT and system administration services and undertake leadership reporting.

External Third Parties

  • Service providers acting as processors based in Ireland, India, Romania and Serbia who provide IT support, background verification checks and system administration services.

  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Ireland, Romania, Serbia, India and the U.S. who provide consultancy, banking, legal, insurance and accounting services.

  • The Revenue Commissioners, regulators and other authorities acting as processors or joint controllers based in Ireland, Serbia, Romania, India, Spain, the UK and the U.S. who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have rights 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 transferata 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. //////////////////////////////////////////////////////////////////////////////////////////
  • Right to access. You can view the data we have collected anytime.

  • Right to take your data. The data is yours. You can copy or move it at your request.

  • Right to erasure. We'll erase your personal data whenever you say the word. And even if you don't ask us to delete the data, we will keep it only so long as is necessary.

  • Right to restrict use. If you want us to stop using your personal data, we will stop.

  • Right to lodge a complaint. We will protect your privacy and we will honor your choices, and if you feel we've failed in any way, you have the right to lodge a complaint with a data protection authority in your region.

Data Types:
Everseen will only ask for data that enables our products and services to better serve you. Everseen will only ever ask for the minimum data we need to achieve this objective, depending on the products and services you use. We at Everseen take your privacy very seriously. We have implemented security procedures and policies to ensure that we comply with and exceed our obligations to you under current international privacy and General Data Protection Policy (GDPR) regulations. The protection of your data is at the very core of what we do best. Everseen’s approach is now and always has been a zero requirement to collect, use or store any PII (Personally Identifiable Information) relating to you or your customers. If you choose not to share your data, some of our products may not work, or work as well as expected. Here is some of the information we might request:

  • Your contact information, including name, email address, phone number, and shipping address, so that we can contact you or ship items you have requested;

  • Your geographic region, including the city and state/province in which you reside, so we can comply with local laws;

  • Your device and network configuration and system performance so we can optimize your hardware and software.

Additional data collection can help us improve our products and services. To help us provide the very best experiences for you, we may sometimes collect some additional information about your system and its performance. But we won't collect anything unless you agree. This additional data typically includes but is not limited to:

  • Your device or network's technical information so we can find problems with certain devices and or configurations;

  • Your error and performance data so we can learn about and improve system performance.

  • Your crash data so we can find and fix bugs.

Everseen may also analyze the data we've collected based on our interests in business forecasting and new product development.


Websites

If you visit any Everseen-branded websites, we or our third-party partners may collect information using cookies, web beacons, or log file information. Please see our Cookie Policy for more details. Here is some information we might collect:

  • Browser type, device type, URL addresses, IP addresses, or operating system type to improve our website, prevent fraudulent activity, understand how visitors use our website, and provide personalized content;

  • Geolocation data to understand where visitors reside, and to provide content especially for your location;

  • cookie data to personalize our webpage or serve relevant information.


Enterprise Relationships (B2B):

If you do business with us, or if you sign up for our business literature, newsletters, conferences, or webinars, we may obtain or supplement your data with information from third parties such as your company name or job title. We may use this information to show you personalized website content. We may also share your contact information with an EVERSEEN representative or business partner, so they can communicate with you about EVERSEEN-branded products or services.



Data Storage and Transfer

Everseen Will only ever transfer and store your data using secure methods. Everseen are the data processors, and Everseen will comply with EU-U.S. and the Swiss-Privacy Shield framework. This means we have certified that we adhere to the Privacy Principles of notice, choice, and accountability for onward transfer, security, data integrity, purpose limitation, access, recourse, enforcement, and liability. We remain responsible for any of your personally identifiable information (PII) that is shared with third parties for processing on our behalf. Everseen has committed to cooperate with the panel established by the EU data protection authorities (DPAs) as described in the General Data Protection Regulation (GDPR) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) regarding unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. Under certain conditions, you may invoke binding arbitration to resolve any complaint. We are subject to EU and U.S. law, and we may be required to share data with the relevant law enforcement agencies.



Terms and Conditions


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://everseen.com website (the "Service") operated by Everseen ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Everseen. Everseen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Everseen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contact Information

If you have any questions about EVERSEEN's Privacy Policy, please send an email to our Data Privacy Officer at privacy@everseen.com

You can also write to us at:
ATTN: Data Privacy Officer
EVERSEEN Ltd
The Atrium
Blackpool Business Centre
Cork City
Cork.
Ireland.