Last updated November 2020
Please note that we will sometimes process your personal data on behalf of third parties. In these situations, the controller of your data is the third party and we act as their data processor. In particular:
- Third party organisations who offer their products or services through our Portal ("Retailers") will process your personal data when you request a product or service from them. In this context, the Retailer is the controller of your personal data and we process it on their behalf for the purposes of concluding your transaction. We may also process your data on behalf of a Retailer to help them improve their services. You can find a full list of the Retailers that we work with https://3hardmanlife.com/retailers.
For the purposes of this Policy, "personal data" or "personal information" refers to personal data as defined by the Data Protection Laws (defined below), and includes any data that relates to you (such as your name, address, email address or device information that could identify you) and which is processed (i.e., stored, used, etc.) by Equiem, as described more particularly in the section entitled "What Personal Information Do We Collect?" below. We process personal data only in compliance with applicable data protection laws, including the UK Data Protection Act 2018, the Irish Data Protection Acts 1988 to 2018, the EU General Data Protection Regulation (2016/679) (the "GDPR") and any legislation that replaces or supersedes them (together, the "Data Protection Laws").
What Personal Information Do we Collect?
The personal data we collect from you might include your:
- Email address;
- Postal address, including postcode;
- Telephone number;
- Mobile number;
- Date of birth;
- Payment information;
- IP address and other device information;
- Your activity on our Website;
- Operating system information, the browser type, and the address of a referring Website;
- Your location data, to enable your digital access pass (where available) for the building or site to which the Portal relates;
- Information you provide us relating to your interests and skills; and
- other information relating to you that you choose to provide to us.
If you do not provide your personal data to us, we may be unable to provide services to you, and you may not be able to create an account, or use the Website or the Portal.
How will We Collect this Personal Information?
Information that you provide to us
We collect information from you when you:
- create an account and profile on our Website or our Portal, or sign up for any other service that we offer;
- post information or other content on our Website;
- complete a survey;
- participate in a contest or other promotion; or
- contact us through email, or otherwise communicate with us or provide information to us, for example when making an enquiry about a particular service that we offer.
Information collected by automated means
We also obtain some of your personal information by automated means when you visit our Website or use the Portal, such as the IP address of the device you use, the geographical location of your device, the browser you are using, the URL you came from, the web pages you access, and your usage of the Portal. If you use the mobile application version of the Portal, we may collect location data to enable your 'digital access pass', even when the app is closed or not in use.
How Do We Use the Personal Information We Collect?
If you are a user of our Website
If you browse our website, create an account or request any information via our Website (in this section, "Website User" or "you"), we will use your personal information in the following ways.
|We may process the following personal information relating to Website Users:||We may process Website Users' personal information for the following purposes:||What is the legal basis for us processing Website Users' personal information in this way:|
|To fulfil a Website User's requests for (or for information relating to) demos, products or services. To keep Website Users informed about their orders for demos, products or services.||Your personal information will be processed in this way where this is necessary to fulfil a contract with you or to take steps at your request prior to such a contract being concluded.|
|To contact Website Users when necessary or appropriate (for example to respond to emails, submissions, questions, comments, requests, and complaints, to send order confirmations, updates, security alerts, and support and administrative messages, and to provide customer service).|
|To ensure that we do not contact Website Users if they have asked us not to do so. We understand that some Website Users may prefer for us not to contact them with details of our products, services or promotions or those offered by third parties. We keep records of Website Users' marketing preferences in order to do this.||It is necessary for us to keep records of your marketing preferences to comply with requirements of direct marketing laws to which we are subject.|
Where we are not required to ask for your consent by law, we will only process your information for these purposes where this is necessary for us to perform a contract with you or take steps at your request prior to entering into a contract, for example where we need to set cookies to provide an online service that you have requested from us.
|To send Website Users promotional materials, including newsletters about our products, services or events, including invitations to participate in competitions or surveys.||We will ask for your consent to process your information in this way where this is required by applicable laws.|
Where we are not required to ask for your consent by law, we will only process your information for these purposes where this is necessary for our own legitimate business interests.
If you are a user of our Portal
If you use our Portal to request products, services or information (in this section, "Portal User" or "you"), we will use your personal information in the following ways.
|We may process the following personal information relating to Portal Users:||We may process Portal Users' personal information for the following purposes:||What is the legal basis for us processing Portal Users' information in this way:|
|To fulfil your requests for products, services or information, and to process your transactions.|
To keep you informed about your orders for products and services.
To contact you when necessary or appropriate (for example to respond to your emails, submissions, questions, comments, requests, and complaints, to send you order confirmations, updates, security alerts, and support and administrative messages, and to provide customer service).
To set up and manage your online account (for example, to send password reminders or notifications of changes to your customer account details).
To process and resolve issues or complaints in relation to your transactions, and to keep you informed about your transactions.
|We process your personal information in these ways where this is necessary for the purposes of fulfilling contracts to which you are a party, for example your contract of sale when you purchase a product or service through the Portal or take steps at your request prior to such a contract being concluded.|
|To share this information with third party organisations providing products or services to people in your building or site in order for those third party organisations to fulfil your requests for products or services.||Your personal information will be processed in this way where this is necessary to fulfil a contract with you or to take steps at your request prior to such a contract being concluded.|
|To keep your payments safe and secure and protect against fraudulent transactions. To protect the security and integrity of the website and our business against illegal or fraudulent activity or misuse (including cyber attacks).||It is necessary in our legitimate interest to use your personal information for the purposes of ensuring security and protecting against illegal and fraudulent activity.|
|To better understand you, your behaviour and your interests. We share this information with third party organisations in your building or site to help those organisations provide you with a more tailored service and improve their products and services generally. For example, this information is used to inform those organisations' product development choices and to send you tailored offers and promotions for products and services you are likely to be interested in. You have the right to opt out from these promotional messages at any time. For more information, see the section titled "Your right to withdraw consent to direct marketing".|
We also use these technologies to identify trends and interests of Portal Users in your building. We may then share these trends with third party organisations in your building and use these trends to inform the content of our communications with you (including marketing communications).
|We will ask for your consent to process your information in this way where this is required by applicable laws.|
Where we are not required to ask for your consent by law, we will only process your information for these purposes where this is necessary for our own legitimate business interests in improving the quality of our products and services.
|To send you promotional materials, including newsletters about our products, services or events.|
To send you promotional materials, including newsletters about products, services or events offered by third party organisations to persons in your building or site.
To offer you opportunities to participate in competitions or surveys operated by us or third party organisations.
You have the right to opt out from these promotional messages at any time. For more information, see the section titled "Your right to withdraw consent to direct marketing".
|We will ask for your consent to process your information in this way where this is required by applicable laws.|
|Where you have asked us to make this information available to other Portal Users (for example, to allow them to contact you about a product or service that you offer or events or other activities you are running in their building), we will make this information visible to other Portal Users via the Portal so that they can contact you with enquiries and requests relating to your products, services or events.||Your personal information will be processed in this way where this is necessary to fulfil a contract with you or to take steps at your request prior to such a contract being concluded.|
Who Do We Share Your Information with?
We will not share the personal information we collect from you through our Website or our services with third parties, except as described in this Policy, or as required by law.
To the extent permitted by applicable law, we may disclose information to the following recipients or categories of recipients:
- Your Building Manager, where this is necessary to perform a contract with you, is necessary for the Building Manager's legitimate interest of improving the services they provide, or where you have consented to this;.
- Other members of our corporate group. This means we may share your personal information with our subsidiaries, and our ultimate holding company Equiem Holdings Pty Limited and its subsidiaries where this is necessary to perform a contract with you or for our legitimate business interests (such as improving the services we provide);
- Third party Retailers who provide products or services to persons in your building or site, where this is necessary to perform a contract with you, is necessary for the Retailer's legitimate interest of improving the services they provide, or where you have consented to this;
- Our service providers and suppliers, who process such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, search engine providers, distribution companies, fulfilment companies, and other similar entities that help us to operate the Website and/or provide functionality, content and services);. We only share your information with these third parties where this is necessary to perform a contract with you, where this is necessary for our legitimate business interests (for example, to help us improve our services) or where you have consented to this;
- We may also share your information with third parties such as local law enforcement agencies, other local government authorities and other similar bodies where this is necessary for us to protect our legal rights; to investigate, prevent or take action regarding illegal or suspected illegal activities; or where disclosure is required by law. We will only do this where necessary for our legitimate interests of protecting our legal rights or preventing illegal activities, or where necessary to comply with legal obligations to which we are subject.
- On a case by case basis, where disclosure is in Equiem's legitimate interest in the event that Equiem or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets.
Where do we store your personal information?
The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), in particular to Equiem Services Pty Limited in Australia and Equiem USA LLC in the USA. It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this this Policy and applicable data protection laws, including, where relevant, entering into EU standard contractual clauses (or equivalent measures) with the party outside the EEA receiving the personal information. You can request a copy of these standard contractual clauses by contacting us as set out in "How to Contact Us" below.
Links to Other Sites
How Do We Store and Secure Personal Information?
We store personal information on computer databases and/or in hard copy and will take reasonable physical and technical security measures to protect your personal information in an effort to prevent loss, misuse and unauthorised access, disclosure, alteration and destruction.
Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
How long do we keep your personal information?
Your personal information is stored by us and/or our service providers and suppliers, only to the extent and for the time necessary to achieve the purposes for which the information is collected, in accordance with the Data Protection Laws. When we no longer need to use your information for these purposes, we will remove it from our systems and records and/or take steps to properly anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which we are subject).
Your Choices and Privacy Rights
You have the following rights in connection with our processing of your personal data. If you wish to exercise one or more of these rights, please contact us with your request at firstname.lastname@example.org
Your right to access the information we hold about you
You may request access to the personal data we hold about you. Our file of your information will usually be made available to you within 30 days, although occasionally we may not be able to give you access to all the personal data we hold about you. For example, we may not be able to give you access if the information we hold includes both your personal data and the personal data of others and disclosing their information to you would adversely affect their rights.
Please note that if you request a copy of your data using electronic means (such as email), then we will provide a copy of your information in electronic form unless you ask us to do otherwise.
Your right to have your information corrected
You have the right to have incomplete or inaccurate personal information that we process about you rectified. Note that you can always make certain adjustments to certain personal information directly through your online account.
Your right to have your information deleted
You have the right to request that we delete personal information that we process about you. This right applies only in certain circumstances. For example, we are not obligated to delete your data where we need to retain it in order to comply with our legal obligations or to establish, exercise or defend legal claims.
Your right to object to us processing your personal data
Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defence of a legal claim.
Your right to withdraw consent to processing
If you have consented to us processing your personal data for a particular purpose, you have the right to withdraw your consent at any time, free of charge, by contacting us. This includes cases where you wish to opt out from marketing messages that you receive from us (including marketing messages that we send on behalf of third party organisations). You can unsubscribe from marketing communications at any time by following the instructions in any individual message If you withdraw your consent to processing, we may still contact you in connection with your account, relationship, activities, transactions and communications with us.
Your right to have an electronic copy of your personal data transmitted (right to data portability)
Where we hold personal data about you with your consent or for the performance of a contract with you, you also have the right to ask us to provide you with the personal data we hold about you in a structured, commonly used and machine-readable format and, where technically feasible, to transmit that personal data to another organisation.
Your right to restrict processing of your data
You have the right to restrict our processing of your personal information where you believe such data to be inaccurate, our processing is unlawful or that we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
Your right to lodge a complaint with the local data protection authority
You have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws.
If you are based in the UK, the Information Commissioner's Office can be contacted as follows:
Telephone: +44 0303 123 1113
Address: Water Lane, Wycliffe House, Wilmslow, Cheshire, SK9 5AF
If you are based elsewhere in the European Economic Area (EEA), please use this link for a list of local data protection authorities in the EEA countries in which we operate: https://edpb.europa.eu/about-edpb/board/members_en .
Amendments to this Policy
This Policy may be modified from time-to-time. If we make changes to this Policy, we will notify you of these changes by email and post an alert on our Website.
Terms and Conditions
Queries, Comments and Complaints about our Handling of Personal Information
If you have any questions, comments or complaints about our collection, use or disclosure of personal information, you wish to ask us to stop processing your personal information, you would like to request a copy of the personal information we hold about you, or if you believe that we have not complied with this Policy or the Data Protection Laws, please contact us by email at email@example.com or by writing to us at 10 John Street, London, United Kingdom, WC1N 2EB.
We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may reasonably request.
You may also contact our Data Protection Officer, Nathan Barker, using the contact details below.
Phone: 0800 041 8132