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Privacy Policy FieldElite

This Privacy Policy sets out how we store and use your personal information. The effective date of this Privacy Policy is 18/03/2018.

By using our website www.fieldelite.com (our website), you agree to the use and treatment of your personal information in accordance with this Privacy Policy.

Please read this Privacy Policy carefully. We recommend that you keep a copy of this Privacy Policy and any future versions in force from time to time for your records.

1.

The purpose of privacy policy

1.1

The purpose of this policy is:

  • to assure you that we recognise and fully respect the privacy and personal data of the visitors to this website and
  • to explain what personal information we collect from this website and how we ensure its’ best protection.

By your access to and use of this website you agree to our processing, storing and using that information in accordance with the principles set out in this Privacy Policy.

We will limit the collection and use of your information to a minimum. We will only collect such information as is required to help you access our services or keeping you informed about the services offered by us or our affiliates. The information you provide may also be used for analytical and statistical purposes.

We are committed to safeguarding the security and privacy of our website visitors; this policy sets out how we will treat your personal information. We cannot, however, guarantee the security of any information you disclose online. You accept the inherent security implications of providing information over the internet and will not hold us responsible for any breach of security or disclosure of information unless we have been negligent. Any password and user name allocated to you by us must be kept secret and must not be disclosed to anyone, unless we have given you our prior written permission.
Our website uses cookies, by using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2.

Data regulation & tenants of Fieldelite

2.1

Pursuant to the General Data Protection Regulation (GDPR), hereinafter GDPR and to the extent that Service Data constitutes personally identifiable information or personal data, we declare ourselves and you hereby agree that we are only “data processors” and additionally, you hereby declare and agree that you are the “data controllers” of the Service Data and any other information provided to us. With regards to Service Data that includes personal information or personal data, it is hereby agreed by both parties that under any circumstances, Heidi Computers Limited hereinafter referred to as “HC”, as any of its associates, franchisor, affiliates, and partners shall not be deemed as a data controller under GDPR or under any other law or regulation for the time being in force.

2.2

As a data controller you are responsible to comply with all applicable data protection laws and must assist and ensure that your customers also exercise their data protection rights with you. Because we have no direct relationship with your customers with whom you may interact by using the Service, User/Subscriber’s customers who are not interested to be contacted by such User/Subscriber, are advised to contact them directly.

2.3

While providing the Service, HC, as a data processor processes the Service Data in accordance with the User/Subscriber’s instructions. In addition, we access those Service Data that are reasonably necessary, and or to comply with any legal requirements for the effective performance of the Service.

3.

Collection of information/data

When you access, use our Website, subscribe to the Service, we may collect various information including but not limited to the following:

3.1

Personally identifiable information:

  • Name including first and last name;
  • Email address;
  • Mobile phone number and contact details;
  • Billing address and ZIP/Postal code;
  • Financial information (like debit or credit card numbers, expiry date, CVV number);
  • Other information as per our registration process.
  • Any other means by which you provide personal information to us.

3.2

Non-personally identifiable Information:

  • IP address, assigned to the computer through which you access our Website/Service;
  • The type of computer you are using including the type of web browser you are using;
  • Computer-identification information obtained from “cookies”, which is sent to your browser from a web server cookie and stored on your hard drive; and
  • Standard usage logs through our web server.

3.3

Other data:

  • The pages you visit/access;
  • The links you click on inside our Website;
  • The number of times you access the website;
  • Things you view, such as selecting relevant subscription plans, adding your subscription plan for checkout and making payments;
  • The number of times you have shopped from our Website;
  • Other Websites you open simultaneously while browsing on ours;
  • Where permitted or authorised by law, we may also receive information about you from third parties such as affiliates, business partners, credit and fraud checking agencies. We may also receive information about you from third parties with whom we have had no prior contact.

3.4

Other data:Information we obtain from third parties will generally be your name and contact details, but may include any additional information they provide to us, including (but not limited to) any of the types of information set out in the list above.

3.5

We may also obtain personal information from certain publicly accessible sources, including (but not limited to) the electoral register, online customer databases, business directories, media publications, social media, websites and other publicly accessible sources.

3.6

In addition, where we obtain personal information about you from a source other than yourself, we are not required to provide you with certain information contained in this Privacy Policy if:
you already have the information:

  • providing you with the information would prove impossible or would involve disproportionate effort;
  • we are under an EU or EU member state law obligation to obtain or disclose the information which provides appropriate measures to protect your legitimate interests, or
  • we are obliged to keep the information confidential as a result of an obligation of professional secrecy regulated by EU law or EU member state law.

3.7

Where we obtain personal information about you from a source other than yourself, and we are required to provide you with that information, we will provide you with the information contained in this Privacy Policy at the following points in time:

  • if we intend to use your personal information to communicate with you, at the point when we first communicate with you;
  • if we envisage that we will disclose your personal information to a third party, when we disclose your personal information to that third party (at the latest), and
  • in any other circumstances, within a reasonable period after obtaining your personal information (and in any event within one month at the latest), taking into account the specific circumstances in which we use your personal information.

3.8

Cookies. A cookie consists of a piece of text sent by a web server to a web browser and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We use cookies and similar technologies on or via our website. You can reject some or all of the cookies we use on or via our website by changing your browser settings, but doing so may impair your ability to use our website or some or all of its features.
We use web beacons in our marketing emails and on our website. Some (but not all) browsers enable you to restrict the use of web beacons by either preventing them from sending information back to their source (e.g. when you choose browser settings which block cookies and trackers), or by not accessing the images containing them (e.g. if you select a ‘do not display images (in emails)’ setting in your email server).
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; We will use the persistent cookies to: enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted by you, or until they reach a specified expiry date.
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers.
The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: https://www.google.com/privacypolicy.html.
Our advertisers/payment services providers may also send you cookies.
Our advertising services providers may send you cookies for the purpose of enabling the service of advertisements based on your previous visits to our website.
We publish Google Adsense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and other websites across the web using the DART cookie. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at: https://adssettings.google.com/authenticated?hl=en. You can opt-out of the Adsense partner network cookie at: https://www.google.com/policies/technologies/ads/ or using the NAI’s (Network Advertising Initiative’s) multi-cookie opt-out mechanism at: http://optout.networkadvertising.org/#!/. However, these opt-out mechanisms use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

4.

Use of personal information

4.1

We may use your personal information for one or more of the following purposes in our legitimate interests or in the legitimate interests of third parties:

  • Administering, running and improving our website and business, including personalising our website experience for you. This is necessary for our legitimate interest of better understanding our other customers’ and potential customers’ preferences and tailoring our website, products and services to their needs and preferences.
  • Communicating directly with you in relation to updates to the website, your purchase(s) of our products or services, and in response to enquiries we receive from you. This will be necessary either to update you from time to time about changes to our website, to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you) or for our legitimate interest of satisfying and confirming your requirements in order to provide you with our products or services and to answer questions we receive from you.
  • Protecting our business and our business interests, including for the purposes of credit and background checks, fraud prevention and debt recovery. This is necessary for our legitimate interests of preventing criminal activity such as fraud or money laundering, for ensuring that our website, services and products are not misused and protecting our business. We will only carry out such checks to the extent that we are permitted or authorised to do so. We may use tracking technology to ensure our copyright and intellectual property rights are not infringed.
  • Displaying advertisements to you and analysing the information we receive in relation to those advertisements. This is necessary for our own and for third parties’ legitimate interests of direct marketing and advertising our and their respective products and services.
  • Providing you with offers relating to our products and services which relate to products and services you purchased from us or were in negotiations to purchase from us (provided that you did not opt-out from receiving such communications either at the time or subsequently). This is necessary for our legitimate interest of direct marketing and advertising our products and services.
  • Communicating with our business advisors, legal representatives and legal advisors. This is necessary for our legitimate interests of obtaining legal or professional business advice, and we will only share your personal information where it is necessary to do so, to the minimum extent necessary and on an anonymised basis wherever possible.
    Within our corporate group from time to time for internal administrative purposes, including client, customer and employee information. This will be necessary either to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you), for our legitimate interest of running and managing our business effectively or for compliance with a legal obligation to which we are subject.
  • Sharing your personal information with third parties which are either related to or associated with us (including to third parties within our corporate group from time to time) such as our business partners, affiliates, associates, suppliers, independent contractors, email provider and IT service providers. This will be necessary either to perform a contract which we have entered into with you (or to take steps, at your request, to enter into a contract with you), for our legitimate interest of running and managing our business effectively, for compliance with a legal obligation to which we are subject, or for our own direct marketing purposes. Where we share your personal information, we will do so strictly only on a need-to-know basis, subject to appropriate confidentiality restrictions, on an anonymised basis as far as possible, and only to the extent strictly necessary for any of these purposes.
  • Communicating with our employees insofar as reasonably necessary for the purposes as set out in this privacy policy.
  • Passing your personal information to third parties, such as payment service providers, including PayPal, Stripe and Quaderno, in order to process your payments for goods and services you order from us. This will is necessary for us to perform a contract we have entered into with you (or to take steps, at your request, to enter into a contract with you) and for our and that third party’s legitimate interest in processing your payment(s) for goods and services your order from us. You can access the privacy policy of PayPal here https://www.paypal.com/uk/webapps/mpp/ua/privacy-full and the privacy policy of Stripe here https://stripe.com/ie/privacy and the privacy policy of Quaderno here https://quaderno.io/privacy/.
  • Enforcing our legal rights in cases in which we act on our own behalf. This is necessary for our legitimate interest of protecting our business and enforcing our contractual and other legal rights.
    Ensuring physical, network and information security and integrity. This is necessary for our legitimate interest of ensuring that our IT systems and networks are secure and uncompromised, including, for example, preventing malware, viruses, bugs or other harmful code, preventing unauthorised access to our IT systems, and any form of attack on, or damage to, our systems and networks.
  • In connection with disclosure requests and in the case of a business or share sale or sale or purchase of a business and/or assets, whether actual or potential. This is necessary for our legitimate interests of selling and/or ensuring and promoting the success of our business.
  • Providing statistical information to third parties such as Google Analytics and Google Adwords. This is necessary for our and third parties’ legitimate interests of processing personal information for research purposes, including market research, better understanding our respective customers, and tailoring our respective products and services to their needs.
  • Indicating possible criminal acts or threats to public security to a competent authority. This is necessary for our legitimate interest of promoting the success of our business, preventing crime, for compliance with a legal obligation to which we are subject, in the general public interest or for the legitimate interests of governmental bodies and competent authorities that prevent crime.
  • In connection with any legal or potential legal dispute or proceedings. This is necessary for our legitimate interest of promoting and ensuring the success of our business, resolving disputes and making such disclosures as are required by law or which we consider, acting reasonably, are required by law.

4.2

We may process your personal information for the following purpose(s) where we have obtained your consent to do so:

  • to provide you with offers relating to goods and services we offer from time to time;
  • to sell or pass your personal information to third parties (including to third parties within our corporate group from time to time) in order to their marketing purposes or for the purposes of marketing their own goods and services such as those of our business partners, affiliates, associates, suppliers, independent contractors, list providers and joint venture partners.

4.3

Where we process your personal information on the basis of your consent, you can withdraw your consent to such processing at any time by emailing us from the contact form which may be found at www.fieldelite.com or writing to us at Fieldelite – Heidi Computers Ltd. IE8273384R, 3015 Lake Drive,Citywest Business Campus,Dublin,D24 DKP4,Ireland.

4.4

We may also collect or process your personal information for the following purposes:

  • Entering into and performing a contract with you. Where you wish to purchase products or services from us, we require your personal information in order to enter into and perform a contract with you. If you do not provide your personal information to us when it is required for such a purpose, we will not be able to enter into or perform a contract with you or to provide you with the products or services you have requested. We may also postpone or cancel any orders you place and enforce our legal rights against you, i.e. where we have incurred costs or expenses in preparing or fulfilling any orders placed by you but are unable to deliver the order due to your failure to provide the necessary personal information.
  • Complying with laws, regulations and other legal requirements. We may need to use and process your personal information in order to comply with legal obligations to which we are subject, i.e. pursuant to a statutory obligation to conduct anti-money laundering checks or to disclose your information to a court following receipt of a court order or subpoena. We may also need your personal information to comply with ongoing legal obligations, such as tax laws and regulations to which we are subject.

5.

Strong personal information

5.1

We will store your information for no longer than necessary, taking into account the following:

  • the purpose(s) for which we are processing your personal information, such as, whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or for our legitimate interests;
  • whether we have any legal obligation to continue to process your information, such as any record keeping obligations imposed by applicable law, and
  • whether we have any legal basis to continue to process your personal information, such as your consent.

6.

Security

6.1

We take appropriate technical and organisational measures to secure your personal information and to protect it against unauthorised or unlawful use or processing as well as against the accidental loss or destruction of, or damage to, your personal information, including:

  • only sharing and providing access to your personal information to the minimum extent necessary,
  • storing all the personal information you provided on our secure (password- and firewall- protected) servers,
  • subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible,
  • using secure servers to store your personal information,
  • requiring proof of identity from any individual who requests access to personal information,
  • using Secure Sockets Layer (SSL) or other similar encryption technologies to encrypt any payment transactions you make on or via our website, and
  • pseudonymisation (anonymisation of your data as far as possible) where reasonably practicable and appropriate.

6.1

We take appropriate technical and organisational measures to secure your personal information and to protect it against unauthorised or unlawful use or processing as well as against the accidental loss or destruction of, or damage to, your personal information, including:

  • only sharing and providing access to your personal information to the minimum extent necessary,
  • storing all the personal information you provided on our secure (password- and firewall- protected) servers,
  • subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible,
  • using secure servers to store your personal information,
  • requiring proof of identity from any individual who requests access to personal information,
  • using Secure Sockets Layer (SSL) or other similar encryption technologies to encrypt any payment transactions you make on or via our website, and
  • pseudonymisation (anonymisation of your data as far as possible) where reasonably practicable and appropriate.

6.2

Transmission of information (including personal information) over the internet is not entirely secure and if you submit any information to us over the internet (whether by email, via our website or any other means) you do so entirely at your own risk. We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your transmission of information to us by such means.

7.

Update/remove/block your information

7.1

You may update your information and change your account settings at any time.

7.2

Upon request, we will remove/block your personally identifiable information from our database, thereby cancelling your registration. However, your information may remain stored in archive on our servers for a period of ninety(90) days after you have withdrawn your consent as specified above.

8.

Links to third party websites

8.1

This Website may contain advertisements of third parties and links to other Website or frames of other Website (“Linked Websites”).

8.2

Please be aware that we are not responsible for the privacy practices or contents of Linked Websites without limitation any link contained in a Linked Websites, or any changes or updates to a Linked Websites.

8.3

Once you leave our servers, use of any information you provide is governed by the privacy policy of the Linked Websites you are visiting/accessing/using/transacting. In the event of you making any purchase or online transactions in Linked Websites, you agree and acknowledge that you are to be bound by the Terms and Conditions and Privacy Policy of such Linked Websites and you are in way bound by the terms and conditions and privacy policy of our Website.

9.

International transfers of personal information and safeguards used

9.1

We may need to transfer your personal information outside of the country in which we collected or obtained it, including outside the European Economic Area or to an international organisation from time to time.

9.2

Where we transfer your personal information outside the European Economic Area, the country to which it is transferred will either be subject to an adequacy decision by the European Commission or if not (or if we transfer your personal information to an international organisation) we will ensure that the transfer takes place on the basis of one or more of the following safeguards:

  • data protection policies adhered to by the data controller and other companies and entities within our corporate group from time to time, which comply with applicable laws, known as “binding corporate rules” or “BCRs”;
  • standard data protection clauses adopted by the European Commission or adopted by the Irish Data Protection Commissioner and approved by the European Commission in accordance with relevant law;
  • a code or codes of conduct produced by an association or other body approved by the Irish Data Protection Commissioner;
  • an approved certification mechanism (such as the EU-US Privacy Shield), or
    where authorised by the Irish Data Protection Commissioner, contractual clauses between the data controller or processor and the data controller, processor or recipient of the personal information in the third country or international organisation.

10.

Rights in relation to your personal information

10.1

You have the following rights in relation to your personal information, which you can exercise by writing to Fieldelite – Heidi Computers Ltd. IE8273384R, 3015 Lake Drive,Citywest Business Campus,Dublin,D24 DKP4,Ireland, or sending an email to www.fieldelite.com:
to request access to your personal information and information related to our processing of your personal information;

  • to ask us to confirm within period of 21 days the fact that we hold your personal information;
  • to request the correction (rectification) or erasure of your personal information;
  • to request that we restrict our use of your personal information;
  • to receive personal information, which you have provided to us in a structured, commonly used and machine-readable format (e.g. an Excel spreadsheet) and the right to have that personal information transferred to another data controller (including a third party data controller);
  • to object to the processing of your personal information for certain purposes (for further information, see the section below entitled ‘Your right to object to the processing of your personal information for certain purposes’), and
  • to withdraw your consent to our use of your personal information at any time where we rely on your consent to use or process that personal information. If you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal information on the basis of your consent before the point in time when you withdraw your consent.
  • Provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
    We may withhold such personal information to the extent permitted by law.

10.2

You have the following rights in relation to your personal information, which you can exercise by writing to Fieldelite – Heidi Computers Ltd. IE8273384R, 3015 Lake Drive,Citywest Business Campus,Dublin,D24 DKP4,Ireland, or sending an email to www.fieldelite.com:
to request access to your personal information and information related to our processing of your personal information;

  • to ask us to confirm within period of 21 days the fact that we hold your personal information;
  • to request the correction (rectification) or erasure of your personal information;
  • to request that we restrict our use of your personal information;
  • to receive personal information, which you have provided to us in a structured, commonly used and machine-readable format (e.g. an Excel spreadsheet) and the right to have that personal information transferred to another data controller (including a third party data controller);
  • to object to the processing of your personal information for certain purposes (for further information, see the section below entitled ‘Your right to object to the processing of your personal information for certain purposes’), and
  • to withdraw your consent to our use of your personal information at any time where we rely on your consent to use or process that personal information. If you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal information on the basis of your consent before the point in time when you withdraw your consent.
  • Provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
    We may withhold such personal information to the extent permitted by law.

10.3

Where you request access to personal information, we are required by law to use reasonable means to verify your identity before doing so.

The first copy will be provided free of charge. If your requests for copies are excessive or manifestly unfounded, and in particular if they are of a repetitive nature, we may charge a reasonable fee to cover administrative costs of providing you with such information or communicating with you in regard to that information or taking the action requested by you or refusing to act on your request. This is set out in Article 12 of the GDPR.

11.

Your right to object to the processing of your personal information for certain purposes

11.1

You have the following rights in relation to your personal information which you may exercise in the same way as you may exercise the rights in the preceding section (Your rights in relation to your personal information):

  • to object to us using or processing your personal information where we use or process it in order to carry out a task in the public interest, where we do so in the exercise of official authority or for our legitimate interests, including ‘profiling’ (i.e. predicting your behaviour based on your personal information) based on any of these purposes, and
  • to object to us processing your personal information for direct marketing purposes (including any automated evaluation we make about you or any of your characteristics as a person, to the extent that it is related to such direct marketing).

11.2

You may also exercise your right to object to us using or processing your personal information for direct marketing purposes by:

  • Clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser by clicking on that link, or
  • Sending an email to www.fieldelite.com, asking that we stop sending you marketing communications or by including the words “OPT-OUT”.

12.

Consequences of not providing your personal information to us

Where you wish to purchase products or services from us, we require your personal information in order to enter into a contract with you. We may also require your personal information pursuant to a statutory obligation (in order to be able to send you an invoice for products and services you wish to order from us, for example).
If you do not provide your personal information, we will not be able to enter into a contract with you or to provide you with those products or services.

13.

Changes to our privacy policy

13.1

We may change our Privacy Policy from time to time without providing prior notice to you. If required by law, we will make such changes to our Privacy Policy known to you by posting a notice on the website and/or by us posting an updated version of our Privacy Policy on our website with a new effective date stated at the beginning of it. By continuing to access our website on or after that effective date, you agree to be bound by that new version of our Privacy Policy.

13.2

Where we intend to use your personal information for a new purpose other than the purpose(s) for which we originally collected it, we will provide you with information about that purpose and any other relevant information before we use your personal information for that new purpose and obtain your consent if required.

14.

Changes to your information

Please inform us of any changes to the information (including personal information) which we hold about you so we can keep the information we hold accurate and up-to-date.

15.

Children's privacy

15.1

Because we care about the safety and privacy of children online, we comply with the GDPR and any other law or regulation for the time being in force, which protects the privacy of children using the internet.

15.2

We do not knowingly contact or collect personal information from children under the age of 18. The website is not intended to solicit information of any kind from children under the age of 18. It is possible that we may receive information pertaining to children under the age of 18 by fraud or deception. If we are notified of this, as soon as we verify the information, we will immediately endeavor to obtain the appropriate parental consent to use that information and, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about children under the age of 18, please do so by sending an email to www.fieldelite.com.

16.

Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.
In addition, we may disclose your personal information:

  • to the extent that we are required to do so by law;
  • in connection with any legal proceedings or prospective legal proceedings;
  • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

17.

Copyright

The copyright in this privacy policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.