Digital Marketing With Nick understands that your privacy is important to you and that you care about how your personal data is used. I respect and value the privacy of everyone who visits this website, https://nickeverest.com (“My Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with my obligations and your rights under the law.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
|“Account”||means an account required to access and/or use certain areas and features of My Site;|
|“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|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
Information About Me
My Site is owned and operated by Nick Everest, a sole trader.
Address: 5 Barkby Road, Sheffield S9 1JX, UK.
Email address: [email protected]
Telephone number: +44 (0) 7888 655774.
Postal address: 5 Barkby Road, Sheffield S9 1JX, UK.
Personal Data definition
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
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.
Under the Data Protection Legislation, you have the following rights, which I will always work to uphold:
- The right to access the personal data I hold about you. Part 13 will tell you how to do this.
- 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.
- 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 hold. Please contact Me using the details in Part 15 to find out more.
- The right to restrict (i.e. prevent) the processing of your personal data.
- The right to object to Me using your personal data for a particular purpose or purposes.
- The right to withdraw consent. This means that, if I am relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
- 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.
- Rights relating to automated decision-making and profiling. I do not use your personal data in this way.
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.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data I hold about you changes, please keep Me informed as long as I have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
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. I would welcome the opportunity to resolve your concerns myself, however, so please contact Me first, using the details in Part 15.
What Data I Collect and How
|Data Collected||How I Collect the Data|
|Identity Information including first name and last name.||Through various forms when you sign up for an account on My Site or you opt in to receive email communications from me.|
|Contact information including email address.||As above.|
|Technical information including IP address, browser type and version, operating system.||Information sourced when you browse to My Site and stored as cookies by your browser with your permission.|
|Data from third parties including anonymised technical data from advertising service providers and analytics service providers.||Collected on my behalf by third party service providers.|
How I Use Your Personal Data
Under the Data Protection Legislation, I must always have a lawful basis for using personal data. The following table describes how I may use your personal data, and My lawful bases for doing so:
|What I Do||What Data I Use||My Lawful Basis|
|Registering you on My Site||Name |
|Providing and managing your Account||Name |
|Legitimate Interests if there are financial transactions between us.|
|Providing and managing your access to My Site||Cookies||Consent|
|Personalising and tailoring your experience on My Site||Cookies|
|Administering My Site||Name|
|Legitimate Interests. I need to maintain control over who has access in order to protect users from detriment|
|Supplying My products and/or services to you||Name |
Product transaction details
|Legitimate Interests. We have a business relationship and I am required to maintain certain records for statutory purposes|
|Managing payments for My products and/or services||Name |
Product transaction details
|Personalising and tailoring My products and/or services for you||Name |
Product transaction details
|Communicating with you||Name |
|Legitimate Interests if we are conducting a transaction.
|Supplying you with information by email that you have opted-in-to (you may opt-out at any time by using the unsubscribe link in every email I send||Name |
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 with information, news, and offers on My products and/or 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 Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.] [I will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.]
Third Parties whose content appears on My Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that I do not control the activities of such third parties, nor the data that they collect and use themselves, and I advise you to check the privacy policies of any such third parties.
I will only use your personal data for the purpose(s) for which it was originally collected unless I reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If I do use your personal data in this way and you wish Me to explain how the new purpose is compatible with the original, please contact Me using the details in Part 15.
If I need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, I will inform you and explain the legal basis which allows Me to do so.
In some circumstances, where permitted or required by law, I may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
How Long I Keep Your Personal Data
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):
|Type of Data||How Long I Keep It|
|Identity Information including first name and last name||For as long as you remain an active user of My Site or you request deletion of your data subject to any Legitimate Interests or Legal Requirements|
|Contact information including email address||As above|
|Payment information including Name, Email address, Product transaction details and Payment status||For as long as I have a Legitimate Interest or Statutory Requirement to do so (typically 6 years).
If you request data deletion during this period I may be able to anonymise your data
|Technical information including IP address, browser type and version, operating system||For as long as you continue to Consent.
How and Where I Store or Transfer Your Personal Data
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) or EEA. 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 Data Protection Legislation as follows.
I use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission.
Where I transfer your data to a third party based in the US, the data 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.
Please contact Me using the details below in Part 15 for further information about the particular data protection mechanisms used by Me when transferring your personal data to a third country.
The security of your personal data is essential to Me, and to protect your data, I take a number of important measures, including the following:
- limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
- procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where I am legally required to do so;
- ensuring all data stored by Me is on secure servers with strong password protection.
- ensuring all data transmitted to or from My Site is subject to SSL encryption.
Sharing of Your Personal Data
I will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
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.
How To Control Your Personal Data
- In addition to your rights under the Data Protection Legislation, 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 emails from Me which you may do by unsubscribing using the links provided in My emails or at the point of providing your details or by managing your Account).
- 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.
You may access 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.
Accessing Your Personal Data
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”.
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.
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.
I will respond to your subject access request within 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.
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: [email protected]
Telephone number: +44 (0) 7888 655774
Postal Address: 5 Barkby Road, Sheffield S9 1JX, UK.
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.