Privacy Policy Platform

In general, we only process the personal data of our users to the extent necessary in order to provide a functioning platform with our content and services. The processing of personal data regularly only takes place with the consent of the user. Exceptions include cases where prior consent technically cannot be obtained and where the processing of the data is permitted by law.

Art. 6 (1) (a) UK GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 (1) (b) UK GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) UK GDPR serves as the legal basis.

If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) UK GDPR serves as the legal basis.

When it is necessary to process personal data for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, Art. 6 (1) (e) UK GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (f) UK GDPR will serve as the legal basis for the processing of data.

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if required by the data controller by virtue of a legal obligation in the UK or the European Union to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

You may request from the data controller to confirm whether your personal data is processed by them.

If such processing is the case, you can request the following information from the data controller:

• The purpose for which the personal data is processed;
• The categories of personal data being processed;
• The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed, especially in the case of recipients in third countries or international organisations;
• The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
• The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the data controller or a right to object to such processing;
• The existence of a right of appeal to a supervisory authority;
• All available information on the source of the data if the personal data is not collected from the data subject;
• The existence of automated decision-making including profiling under Art. 22 (1) and (4) UK GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organisation. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 UK GDPR in connection with the transfer.

The data controller will provide you with a copy of the personal data that is the subject of the processing. Freedoms and rights of other persons shall not be affected. For any additional copies you request, the data controller may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a common electronic format unless you specify otherwise.

You have the right to obtain from the controller the rectification without delay of inaccurate personal data concerning you and the right to obtain the completion of incomplete personal data.

a) Obligation to erase

If you request from the data controller to delete your personal data with immediate effect, they are required to do so immediately given that one of the following applies:

• Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
• You revoke your consent, to which the processing is allowed pursuant to Art. 6 (1) (a) UK GDPR or Art. 9 (2) (a) UK GDPR and there is no other legal basis for processing the data
• According to Art. 21 (1) UK GDPR you object to the processing of the data given that the processing of the data is justified by a legitimate interest, or you object pursuant to Art. 21 (2) UK GDPR.
• Your personal data has been processed unlawfully.
• The act of deleting your personal data will invoke a legal obligation under the Union law or the law of the Member States to which the data controller is subject.
• Your personal data was collected in relation to information business services offered pursuant to Art. 8 (1) UK GDPR.

b) Information to third parties

If the data controller has made your personal data public and has to delete the data pursuant to Art. 17 (1) UK GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary:

• to exercise the right to freedom of speech and information;
• to fulfill a legal obligation required by local data protection regulations to which the representative is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
• for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) UK GDPR;
• for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) UK GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
• to enforce, exercise or defend legal claims.

You may request the restriction of the processing of your personal data under the following conditions:

• If you challenge the correctness of your personal data for a period of time that enables the data controller to verify the accuracy of your personal data;
• The processing is unlawful, and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
• The representative no longer needs the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
• If you have objected to the processing pursuant to Art. 21 (1) UK GDPR and it is not yet certain whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may with the exception of data storage only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest.

If the processing has been restricted according to the beforementioned conditions, you will be informed by the data controller before the restriction is lifted.

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

You have the right to receive your personal data given to the data controller in a structured, standard and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, given that the processing is based on a consent in accordance with Art. 6 (1) (a) UK GDPR or Art. 9 (2) (a) UK GDPR or on a contract in accordance with Art. 6 (1) (b) UK GDPR and the processing is done by automated means.

In exercising this right, you also have the right to maintain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

Subjective to your situation, you have, at any time, the right to object against the processing of your personal data pursuant to Art. 6 (1) (e) or (f) UK GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling insofar as it is associated with direct mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for this purpose.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) UK GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

You have the right to withdraw your consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

You have the right not to subject to a decision based solely on automated processing including profiling that will have legal effect or affect you in a similar manner. This does not apply if the decision:

1. is required for the conclusion or execution of a contract between you and the data controller,
2. is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
3. with your expressed consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) UK GDPR, unless Art. 9 (2) (a) or (g) UK GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (a) and (c), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or their representative, to express your opinion on the matter, and to contest the decision.

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, if you believe that the processing of the personal data concerning you violates the UK GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 UK GDPR.

If you are located in the United Kingdom, you shall have the right to complain to the Information Commissioner’s Office (ICO). The ICO´s contact details as follows:

Information Commissioner’s Office
Wycliffe House Water Lane,
Wilmslow
Cheshire SK9 5AF
Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

In case of transfer of your personal data to a recipient in a third country or to an international organisation, you have the possibility to obtain a copy of the appropriate safeguards pursuant to Article 46 or Article 47 or Article 49 (1) (2) UK GDPR from us by sending an email to dpo@dataguard.co.uk.

Personal data of employees of the companies with which a contractual relationship exists is processed on the DataGuard platform. The personal data used in the platform is used exclusively for the contractually owed provision of data protection-as-a-service or information security-as-a-service.

In particular, the following personal data are processed:

• Salutation
• Title
• Surname
• First name
• E-mail address
• Login-password
• Telephone number
• Role in the company
• CC Person (employee who is to be the recipient of general e-mails)
• Main user

Users can create accounts on the platform and enter their data there themselves. However, the source of the information of the personal data in the sense of Art. 14 (2) (f) UK GDPR can also be the user's employer, who creates the user account for the user or forwards the required data to DataGuard for the creation of a user account.

In addition, our system automatically collects data and information from the computer system of the calling computer each time our platform is called up.

The following data is collected:

• Browser type and version used
• The user's operating system
• The user’s internet service provider
• The IP address of the user
• Date and time of access
• Web pages from which the user’s system accessed our platform
• Web pages accessed by the user’s system through our platform

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

The purpose of the processing of personal data presented is the provision of a functioning platform as well as the necessity of the processing for the provision of contractually owed services.

The temporary storage of the IP address by the system is necessary to enable delivery of the platform to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the platform. In addition, we use the data to optimise the platform and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

The legal basis for processing the above personal data is Art 6 (1) (b) UK GDPR, as the processing is necessary for the fulfilment of contractual relationships.

The legal basis for the temporary storage of log files is Art. 6 (1) (f) UK GDPR. Our legitimate interest here lies in the data processing purposes mentioned under 2.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

Your personal data that we process for the provision of our platform and services will be deleted after termination of the contract, unless they must be preserved due to legal retention periods.

In the case of the collection of log files for the provision of the platform, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

The collection of data for the provision of the platform and the storage of the data in log files is absolutely necessary for the operation of the platform. The user can object to this. Whether the objection is successful is to be determined within the framework of a balancing of interests. Other objections to the described processing procedures can be made at any time by sending an informal e-mail to: dpo@dataguard.co.uk.

Our platform uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a platform, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the platform is called up again.

We use cookies to make our platform more user-friendly. Some elements of our platform require the calling browser to be identified even after a page break.

The following data is stored and transmitted in the cookies:

• Log-in information
• language settings
• Further information that is required for the provision of the platform.

The user data collected in this way is pseudonymised by technical precautions. The data is not stored together with other personal data of the users.

We also use cookies on our platform, which enable us to analyse the browsing behaviour of our users. As a result, the following data will be transmitted:

• User behaviour on our platform
• Further information used for marketing purposes.

You can find more information about our use of analytics cookies in our privacy policy under the chapter “Usage of Plugins in the DataGuard platform” and “Usage of Plugins in the DataGuard Academy”.

The purpose of using technically necessary cookies is to simplify the use of platform for users. Some functions of our platform cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

The user data collected through technically necessary cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our platform and its content. Through the analysis cookies, we learn how our platform is used and thus can constantly optimise our offer.

The legal basis for the processing of personal data using non-technical cookies is Art. 6 (1) (a) UK GDPR.

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) UK GDPR. Our legitimate interest here lies in the purposes of data processing stated under 2.

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our platform, it may no longer be possible to fully use all functions of the platform.

On our platform, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.

The data is used exclusively for processing the conversation.

The processing of the personal data from the e-mail serves us solely to process the contact.

The legal basis for the processing of data transmitted while sending an e-mail is Art. 6 (1) (f) UK GDPR. If the e-mail contact is aimed at the conclusion or implementation of a contract, the additional legal basis for the processing is Art. 6 (1) (b) UK GDPR.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

If the user contacts us by e-mail, he can object to the storage of his personal data at any time by sending an e-mail to dpo@dataguard.co.uk . In such a case, the conversation cannot be continued.

In this case, all personal data stored in the course of establishing contact will be deleted.

We use Gainsight PX from the service provider Gainsight Inc., 350 Bay Street, Suite 100 San Francisco, CA 94133 U.S.A. to learn how our users benefit of our product, continuously improve their experience and to offer content for newly introduced functionality in an interactive fashion. Gainsight PX allows the user’s activity to be stored in a pseudonomised form and evaluated, in particular which pages have been visited and which elements have been clicked on.

In the course of using Gainsight PX, the Gainsight cookie is stored on your local system and data about visited pages and used functions is sent to the Gainsight servers. No personal data is sent, but your IP address is disclosed as a necessary step when establishing a connection to the Gainsight servers.

Gainsight is configured such that IP addresses are not stored or associated with pseudonomised user records.

The IP address is never shared back with us.

For more information about Gainsight PX's collection and storage of data, please visit: https://www.gainsight.com/policy/

The processing of users' personal data enables us to analyse the clicking behaviour of our users. By evaluating the data collected, we are able to compile information on the use of the individual components of our platform. This helps us to constantly improve our product and its user-friendliness.

On top of that we are using Gainsight to provide useful information and additional content for new functionality when introduced to our platforms and first visited by our users in the form of tutorials, explanations and enablements.

The legal basis for the processing of the users' personal data is our legitimate interest in analysing the use of the platform and optimizing it in accordance with Art. 6 (1) (f) UK GDPR.

Your personal information will be stored for as long as is necessary to fulfil the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.

You can prevent Gainsight PX from collecting and processing your personal data by preventing the storage of cookies from third parties on your computer, by deactivating the execution of script code in your browser or by using a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser. With the following link you can deactivate the processing of your personal data by Gainsight PX: https://www.gainsight.com/policy/ For more information on objection and removal options against Gainsight PX please visit: https://www.gainsight.com/policy/

On the DataGuard Academy, we use the plugin H5P of the service provider H5P Group, at Strandgata 9, 9008 Tromsø, Norway (https://h5p.com/). H5P enables us to design interactive modules for our Academy to offer appealing and targeted data protection training. The hosting of the H5P modules takes place on servers in the EU. Apart from the server log files described in the chapter "Hosting", no other personal data is processed by the plugin.

H5P uses as a subcontractor functions of the content delivery network Amazon CloudFront of Amazon Web Service Inc, 410 Terry Avenue North, Seattle WA 98109, USA (hereinafter referred to as: Amazon CloudFront). A Content Delivery Network (CDN) is a network of regionally distributed servers connected via the Internet to deliver content, especially large media files such as videos. Amazon CloudFront provides web optimization and security services that we use to improve the load times of our platform and protect it from misuse. When you visit our platform, a connection will be established to Amazon CloudFront's servers to retrieve content, for example. This allows personal data to be stored and evaluated in server log files, the user's activity (in particular which pages have been visited) and device and browser information (in particular the IP address and the operating system).

Amazon CloudFront features are used to deliver and accelerate online applications and content.

For more information on Amazon CloudFront's collection and storage of data, please visit: https://aws.amazon.com/privacy/

The use of H5P pursues the purpose of an appealing presentation of our training content.

The legal basis for the processing of users' personal data is our legitimate interest in providing a visually appealing platform in accordance with Art. 6 (1) (f) UK GDPR.

Your personal information will be stored for as long as necessary to fulfil the purposes described in this privacy policy or as required by law.

You can object to the processing at any time by sending an informal email to dpo@dataguard.co.uk. Whether the objection is successful will be determined after evaluating interests.

Part of DataGuard's service package as external data protection officer is the provision of access to the DataGuard Academy. To provide access to the Academy, to enable the authentication process and to be able to issue certificates after successful participation in training courses, the following personal data is processed:

• First and last name
• Salutation (if communicated voluntarily)
• E-mail address

We offer you here the option to publish the participation in our training including your certificate on LinkedIn: Linkedin Inc., Sunnyvale, USA.

To ensure appropriate guarantees for the protection of the transfer and processing of personal data outside the UK and EU, we have the International Data Transfer Agreement (IDTA) with the EU Addendum to the Standard Contractual Clauses (SCC) pursuant to Art. 46 UK GDPR have been concluded with LinkedIn.

The purpose of the processing is to create an account to use the DataGuard Academy with your data protection and information security trainings.

The legal basis for the processing of personal data is the necessity to fulfil the contract according to Art. 6 (1) (b) UK GDPR as well as the legal obligation to conduct data protection trainings according to Art. 39 (1) (b)UK GDPR in conjunction with Art. 6 (1) (c) UK GDPR

Your personal information will be stored for as long as necessary to fulfil the purposes described in this Privacy Policy or as required by law, e.g. for tax and accounting purposes.

If you wish to object to the processing, please send us an informal email to dpo@dataguard.co.uk.

As part of preparatory discussions to explore a possible cooperation in the field of services offered by DataGuard, we will provide potential customers with temporary, free trial access to the DataGuard platform upon request.

Access does not include real data. The user account and all content are no longer available at the end of the test period and cannot be transferred to a contractually used platform area after a possible conclusion of a contract.

The processing of personal data serves to provide test access to enable potential customers of to test the DataGuard platform.

The legal basis for the processing of the data is Art. 6 (1) (f) and (b) UK GDPR.

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case when the test phase is over.

You can object to the processing of your personal data at any time by sending an e-mail to dpo@dataguard.co.uk.

All personal data stored in the course of contacting us will be deleted in this case.

On our platform and also via email, we inform our existing customers about our privacy, compliance, and information security services (Privacy-as-a-Service, Information Security-as-a-Service, Consent and Preference Management, and Compliance-as-a-Service) to keep you informed about the development of our products and services and to identify potential customers who require additional products and services from DataGuard.

The design of our platform in the form of the presentation of our various offerings (Data Protection-as-a-Service, Information Security-as-a-Service, Consent and Preference Management and Compliance-as-a-Service), is done in order to present products of ours that we believe are of interest to you.

The processing of your personal data serves us to present our products, to initiate a contractual relationship and to process the contact.

The legal basis for the marketing measures just described Art. 6 (1) (f) UK GDPR. Our legitimate interest lies in the purposes of data processing mentioned under 2. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) UK GDPR.

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

If the user contacts us by e-mail, he can object to the storage of his personal data at any time by e-mail to dpo@dataguard.co.uk. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

Selected information relevant for providing an additional offer or updating an existing contract.
This may include:

• Industry
• Key questions
• Number of employees
• Business e-mail address
• Telephone number
• First and last name
• Name of the company
• Size of the company
• Address of the company
• Desired payment method
• VAT ID
• Start Date of contact.

We obtain this information directly from you either in oral or written form.

To provide the correct offer for your company, for a continuous successful relationship.

We process your personal data on the basis of legitimate interest (Art. 6(1)(f) UK GDPR) to provide you with the offer, and on the basis of contract performance (Art. 6(1)(b) UK GDPR) in order to conclude our Services Agreement with you.

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. If you wish to learn more about out data retention practices, you may email us at dpo@dataguard.co.uk.

We also store your personal data in Pandadoc (153 Kearny St, San Francisco, CA 94108 United States).

The data is transferred to Pandadoc servers in the USA. Part of the data processing agreement with Pandadoc is the International Data Transfer Agreement (IDTA) with the EU Addendum to the Standard Contractual Clauses (SCCs) (Art. 46 UK GDPR). These are to be classified as a safeguard for the protection of the transfer and processing of personal data outside the UK and EU.

Further information on the collection and storage of data by Pandadoc can be found here: https://www.pandadoc.com/privacy-policy/