BackgroundThis Privacy Notice sets forth how Charter HCP Limited and its affiliates, together Controllers (referred to collectively as “Charter, CHCP” “we”, “us” or “our”), collect and process certain Personal Data.
“Personal Data” means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Charter HCP (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Charter HCP or any other person in respect of an individual.
Charter HCP is responsible for ensuring that it uses Personal Data in compliance with data protection laws. We respect the privacy of individuals and we are committed to keeping Personal Data secure.
This Privacy Notice applies to non-public personal information of individuals outside our organisation with whom we interact, including but not limited to:
•current, prospective and former investors and clients (collectively, “Investors”) and their personnel;
•visitors to our website;
•vendors and service providers; and
•visitors to our offices.
These policies may be changed at any time. Changes will be effective immediately upon posting onto our Website for internet users or provided to you if visiting our offices.
This Privacy Notice concerns the following categories of information that we collect about you when providing our products and services (together, the “services”) and includes information we receive through our Website.
Many of the services offered by Charter HCP require us to obtain Personal Data about you in order to perform the services we have been engaged to provide.
Information that you provide to us will depend upon the nature of the services you are requesting though such information may include basic Personal Data (such as full name; job title; company name; company email address; business phone number; business address; city; postcode; country).
Information that we collect or generate about you includes a file with your client records and contact history to be used for enquiry purposes so that we may ensure that you are satisfied with the services which we have provided to you; and details of site and marketing/communication preferences.
Information we may obtain from other sources includes:
This will include information such as: number of people visiting our Website; pages visited; features used; how long they stay and the websites they are connecting from; collected on an aggregate basis on public areas of our Website, or on an individual basis on areas of our Website that require Website visitors to logon using and access code (e.g. user ID and/or password).
When you visit our Website, cookies are used to collect information about the services that you use, and how you use them.
Anonymised data-In addition to the categories of Personal Data described above, we may also process further anonymised information and data that is not processed by reference to a specific individual.
How we use your information
Your Personal Data may be stored and processed by us for the following purposes:
•to understand your needs and interests;
•for the management and administration of our business including to improve the calibre of online information and services offered;
•to assess your application for Charter HCP services, where applicable;
•to understand feedback on Charter HCP services and to help provide more information on the use of the services quickly and easily;
•to communicate with you in order to provide you with services or information about Charter HCP or its services;•in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures;
•for the administration and maintenance of databases storing Personal Data; or
•for ongoing review and improvement of the information provided on our Website to ensure it is user friendly and to prevent any potential disruptions or cyber-attacks.
However, when we use Personal Data we make sure that the usage complies with the law. The law allows us and requires us to use Personal Data for a variety of reasons, including but not limited to the following:
•in order to perform our contractual obligations;
•where we have obtained your consent to use the information;
•where we have legal and regulatory obligations that we have to discharge;
•where we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings;
•the use of your Personal Data as described is necessary for our legitimate business interests, such as:
- allowing us to effectively and efficiently manage and administer the operation of our business;
- maintaining compliance with internal policies and procedures;
- monitoring the use of our copyrighted materials;
- enabling quick and easy access to information on Charter HCP services; and,
- obtaining further knowledge of current threats to network security in order to update our security solutions and provide these to the market.
We will take steps to ensure that the Personal Data is accessed only by our employees that have a need to do so for the purposes described in this Privacy Notice.
Disclosure of your information to third parties
We may share your Personal Data within Charter HCP for the purposes described above. We may also share your Personal Data outside of Charter HCP for the following purposes:
•with our affiliated companies or other trusted businesses or persons for the purpose of processing personal data on our behalf for the above stated purposes;
•with our business partners. Personal Data will only be transferred to a business partner who is contractually obliged to comply with appropriate data protection obligations and the relevant privacy and confidentiality legislation;
•with third-party agents and contractors for the purposes of providing services to us (for example, our accountants, professional advisors, IT and communications providers). These third parties will be subject to appropriate data protection obligations and they will only use your Personal Data as described in this Privacy Notice;
•to the extent required by law, for example if we are under a duty to disclose your Personal Data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend its legal rights; and
•if we sell our business or assets or are acquired by a third party, in which case we may need to disclose your Personal Data to the prospective buyer for due diligence purposes.
International transfers of personal data
Charter HCP is a global business with customers and operations spread around the world. As a result, we may collect and transfer Personal Data on a global basis. That means that we may transfer your Personal Data to locations outside of your country.
Where we transfer your Personal Data to a country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with European legal requirements. In relation to data being transferred outside of Europe, for example, this may be done in one of the following ways:
•the country might be approved by the European Commission as offering an adequate level of protection for Personal Data (e.g. Israel is an approved country);
•the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Data;
•where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
•in other circumstances where the law may permit us to otherwise transfer your Personal Data outside Europe.
You can obtain more details of the protection given to your Personal Data when it is transferred outside Europe (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described below.
Security standards – how we safeguard your information
We work hard to ensure that our systems are secure and that they meet industry standards. Where appropriate, we employ firewalls, encryption technology, user authentications systems (e.g. passwords and personal identification numbers) to control access to systems and data.
We will continue to assess new technology to evaluate its ability to provide additional protection for your Personal Data.
Access to our computer systems is controlled and restricted. Physical access to areas where Personal Data is gathered, processed or stored is limited to authorised employees.
As a condition of employment, Charter HCP staff are required to follow all applicable laws and regulations, including in relation to data protection law. Unauthorised use or disclosure of confidential client information by a Charter HCP employee is prohibited and may result in disciplinary measures.
How long we keep your personal data
The length of time we will hold your Personal Data will vary and will depend on:
•the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and
•legal obligations – laws or regulation may set a minimum period for which we have to keep your Personal Data.
In all the above cases in which we collect, use or store your Personal Data, you may have the following rights and, in most cases, you can exercise them free of charge.
These rights include:
•the right to obtain information regarding the processing of your Personal Data and access to the Personal Data which we hold about you;
•the right to withdraw your consent to the processing of your Personal Data at any time. Please note, however, that we may still be entitled to process your Personal Data if we have another legitimate reason for doing so. For example, we may need to retain Personal Data to comply with a legal obligation;
•in some circumstances, the right to receive some Personal Data in a structured, commonly used and machine-readable format and/or request that we transmit that data to a third-party where this is technically feasible. Please note that this right only applies to Personal Data which you have provided directly to Charter HCP;
•the right to request that we rectify your Personal Data if it is inaccurate or incomplete;
•the right to request that we erase your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but we are legally entitled to retain it;
•the right to object to, or request that we restrict, our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data but we are legally entitled to refuse that request; and
•the right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us.
You can exercise your rights by contacting us using the details listed below
Definitions and interpretation
Collectively all information that you submit to Charter HCP via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws
Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
The General Data Protection Regulation (EU) 2016/679;
Charter HCP, we or us
Charter HCP, a company incorporated in England and Wales with registered number 10356432 whose registered office is at:
11th Floor, CityPoint,
1 Ropemaker Street
London EC2Y 9HT,
User or you
any third party that accesses the Website and is not either (i) employed by Charter HCP and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Charter HCP and accessing the Website in connection with the provision of such services; and
the website that you are currently using, www.charterhcp.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
the singular includes the plural and vice versa;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, Charter HCP is the "data controller". This means that Charter HCP determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
contact Information such as email addresses and telephone numbers;
How we collect Data
6. We collect Data in the following ways:
data is given to us by you ; and
data is collected automatically.
Data that is given to us by you
7. Charter HCP will collect your Data in a number of ways, for example:
when you contact us through the Website, by telephone, post, e-mail or through any other means;
when you register with us and set up an account to receive our products/services;
when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
when you use our services;
Data that is collected automatically
8. To the extent that you access the Website, we will collect your Data automatically, for example:
we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
internal record keeping;
improvement of our products / services;
transmission by email of marketing materials that may be of interest to you
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
13. We may share your Data with the following groups of people for the following reasons:
any of our group companies or affiliates - to ensure the proper administration of your website and business;
our employees, agents and/or professional advisors - to obtain information from professional advisers;
Keeping Data secure
14. We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
15. We are certified to ISO 27001. This family of standards helps us manage your Data and keep it secure.
16. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: email@example.com.
17. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
19. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
20. You have the following rights in relation to your Data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
21. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: firstname.lastname@example.org.
22. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
23. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
26. We may also disclose Data to a prospective purchaser of our business or any part of it.
27. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
30. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
31. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
You may contact Charter HCP by email at email@example.com.