Agency X Privacy Policy

Welcome to the Agency X Limited privacy notice. Agency X Limited respects your privacy and is committed to protecting your personal data. This privacy notice 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 notice is provided in a layered format so you can click through to the specific areas set out below.

Campaign X and AX Engage, which are both services provided by Agency X are also covered by this same 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. Contact Us

1. Important information and who we are

   Purpose of this privacy notice

   This privacy notice aims to give you information on how Agency X Limited 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. 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 notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.

   Controller

   Agency X Limited is the controller and responsible for your personal data (referred to as Agency X, “we”, “us” or “our” in this privacy notice) as a direct client or prospect of Agency X.

   Processor

   In connection with personal data provided through a clients use of the dotmailer platform and other services that we provide, we are a ‘processor’ for the purposes of the General Data Protection Regulation. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

   Contact details

   Our full details are: Full name of legal entity: Agency X Limited Title of data privacy manager: Data Officer Email address: dataofficer@Agency X.ie Postal address: 12 Hatch Street Lower, Dublin 2 Telephone number: +353 1 670 6122 You have the right to make a complaint at any time to the Data Protection Commission (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 DPC so please contact us in the first instance.

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

   This version was last updated on 3rd May 2018 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 notice 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 follows:

   • Identity Data includes first name, last name, username or similar identifier.
   • Contact Data includes billing address, delivery address, email address and telephone numbers.
   • Financial Data includes bank account details.
   • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
   • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website
   • Profile Data includes purchases or orders made by you, feedback and survey responses.
   • Usage Data includes information about how you use our website, products and services.
   • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 notice. 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, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or social media otherwise. This includes personal data you provide when you:

     • Apply for our products or services
     • Subscribe to our service or publications
     • Request marketing information to be sent to you
     • Enter a competition, promotion or survey; or
     • Give us some feedback.
   
   
   • Automated technologies or interactions

     As you interact with our website, we may 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 click here for more information about cookies]. We use email marketing providers and who send marketing emails on our behalf they provide information to us as to whether emails have been opened or deleted by you.

   • Third parties or publicly available sources

     We may 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;
     2. advertising networks such as Facebook, Google and LinkedIn
     3. search information providers such as Google.

   • Identity and Contact Data from publicly availably sources such as Companies Registration Office.

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. This means that the processing of your data 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.

   • Where it is necessary for our legitimate interests (or those of a third party) and/or you have agreed to our processing of your information. 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.

   • Where we need to comply with a legal or regulatory obligation. This means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to 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 contact 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.

   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 process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
   To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(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) To keep our records updated and to study how customers use our products/services
   To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Tto study how customers use our products/services, to develop them and grow our business
   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	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	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	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, Technical, Usage and Profile 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 purchased goods or services from us and, in each case, 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 company outside Agency X Limited for marketing purposes.

   • Opting out

     You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. 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/service purchase, warranty registration, product/service 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 our 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 have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

   • Internal Third Parties
   • External Third Parties:
     1. Service providers e.g. Google, Microsoft and others who provide IT and system administration services.
     2. Professional advisers including lawyers, bankers, auditors and insurers based in Ireland who provide consultancy, banking, legal, insurance and accounting services.
     3. Revenue, regulators and other authorities based in Ireland who require reporting of processing activities in certain circumstances.
     4. dotdigital for email marketing services
     5. 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 notice. 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

   Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our service or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in your country. Please note that all dotmailer entities operate under Standard Contractual Clauses and applicable measures of the GDPR providing protections and safeguards for cross-border transfers. We take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

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 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 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 requirements. Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us . In some circumstances you can ask us to delete your data: see [Request erasure] below for further information. In some circumstances we may 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. You have the right to:

   • Request access to your personal data (commonly known as a “data 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:

     1. if you want us to establish the data’s accuracy;
     2. where our use of the data is unlawful but you do not want us to erase it;
     3. 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; or
     4. 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.
   • Exercise your rights If you wish to exercise any of the rights set out above, please contact us at dataofficer@Agency X.ie OR contact Data Officer, Agency X Limited, 12 Hatch Street Lower, Dublin 2, D02 R682, Ireland, +353 1 670 6122.
   • 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 may 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.




Contact Us

If you wish to contact us regarding the use of your personal information or with a complaint:
Email: dataofficer@agencyx.ie
Post: Data Officer, Agency X Limited, 12 Hatch Street Lower, Dublin 2, D02 R682, Ireland.
Phone: +353 1 670 6122