When we talk about “Baily Labs,” “we,” “our,” or “us” in this policy, we are referring to ACN Digital Holdings Limited, the company that provides the Services, at Suite 61, 20 Harcourt Street, Dublin 2, D02H364, Ireland. When we talk about the “Services” in this policy, we are referring to our online tools, platform and other consulting services. Our Services are currently available over the web, for use via a web browser or applications specific to your desktop or mobile device.
If you are in the European Union, you may have data protection rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR") as implemented into national law and as each may be amended, extended or re-enacted from time to time (collectively “Data Protection Legislation”). Where the GDPR applies to the personal data we receive about you, you will enjoy full rights under the GDPR as a ‘data subject’. In this Privacy Notice, the terms ‘controller’, ‘data subject’, ‘personal data’, ‘processor’ and 'processing' (and any derivatives of this term) each have the meaning given under Data Protection Legislation. Please note that ‘personal data’ does not include data where the identity has been removed (i.e. anonymous data).
2. Identifying the Data Controller and Processor
Data Protection Legislation differentiates between the controller and the processor of personal data.
2.2 Baily Labs may also process personal data and information as a processor, and where Baily Labs collects or processes such data and information, it does so for and on behalf of a controller.
3. Personal data and information we collect and receive
The personal data and information we collect and process varies depending on how you use our Services. Typically we collect and process the following types of personal data and information:
3.1 User Data: If you join an organisation and create a user account with us, you are a “user,” as further described in the User Terms of Service. Information relating to the user is referred to in this policy as “User Data”. Here are some examples of User Data: first and last name of user, contact details of user. You may be a user who is using the Services by invitation of an organisation or other third party that created the account for our Services (“Customer”). Whether that Customer is your employer, another organisation, or an individual, that Customer determines its own policies regarding storage, access, modification, deletion, sharing, and retention of personal data, which may apply to your use of the Services. Please check with the Customer about the policies and settings it has in place.
3.2 Customer Data: Content and information submitted by users to the Services is referred to in this policy as “Customer Data”. Here are some examples of Customer Data: business name, business phone number, business name.
3.3 Transaction data: We or third party payment companies may collect and store billing address and credit card information of our Customers.
3.4 Technical Data: When you use the Services, our servers automatically record information, including information that your browser sends whenever you visit a website, or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data; precise GPS location from mobile devices is collected only with your permission. WiFi and Internet Protocol addresses received from your browser or device may be used to determine approximate location.
3.5 Usage Data: We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. If, when using the Services, you integrate with a third party service, we will connect that service to ours. The third party provider of the integration may share certain information about your account with Baily Labs. However, we do not receive or store your passwords for any of these third party services.
3.6 Interactions Data: This is information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the teams, people, features, content, and links you interact with, and what third party integrations you use, if any.
3.7 Marketing and Communications Data: Baily Labs may also receive information from affiliates in our corporate group, our partners, or others that we use to make our own information better or more useful. This might be aggregate level information, such as which Internet Protocol addresses go with which zip codes, or it might be more specific information, such as about how well an online marketing or email campaign performed.
We collect, use and share aggregated data such as statistical or demographic data for various purposes. Aggregated data may be derived from personal data but is not considered personal data in law as this data does not directly or indirectly reveal the identity of the data subject.
We do not carry out any automatic decision making or profiling.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services).
4. How we collect information
Typically, we collect information in the following ways:
4.1 Direct Interactions
4.1.1 You may provide us with your personal data and information when contacting us through our website features; when you register as a user or when the Customer purchases or requests any of our services; and when you attend any of our events. You may also provide us with your personal data and information when corresponding with us by post, phone, e-mail or otherwise.
5. How we use your personal data and information
We process your personal data and information in accordance with applicable data protection law. We have set out below a description of the ways we use your personal data and information and the legal grounds for this processing. We have also identified the legitimate interests relied upon where appropriate.
5.1 Performance of a contract with our Customer
5.1.1 We process personal data and information, including User Data and Customer Data, where it is necessary for the performance of the contract for our Services or to take steps to enter into a contract for our Services. This may include: provision of our services, processing and managing Customer orders, registering users, setting up user accounts, communicating with users concerning the use of our Services, providing Customer service support and dealing with queries, complaints and disputes. This is necessary for the provision of the Services to you; necessary for the performance of a contract, or in order to take steps prior to entering into a contract; and is necessary for our legitimate interests (of providing the Services).
5.2 Process and Manage orders
5.2.1 We process personal data, including User Data, Customer Data and Transaction Data to perform our contracts, provide our service, manage payments and charges, and collect money owed to us. This may include: processing Transaction data and keeping track of billing and payments. This is necessary for the provision of the Services to you; necessary for the performance of a contract, or in order to take steps prior to entering into a contract; and is necessary for our legitimate interest (of providing the Services and to identify and/or prevent fraud).
5.3 Managing our Relationship with our Customer
5.4 Administering and protecting our business.
5.4.1 We process personal data and information, including Technical Data, Usage Data and Interaction Data to administer and protect our business and our website. This may include: troubleshooting, data analysis, testing, system maintenance, support and reporting. This is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to identify and/or prevent fraud).
5.5 Evaluate and improve our Services.
5.5.1 We process personal data and information, including Technical Data, Usage Data, Interaction Data and Marketing and Communications Data to understand and improve our Services. This may include: research and analysis of trends to better understand how our Customers are using our Services, improving our Services, evaluating our marketing strategy and output, Customer interactions, relationships and experiences. This is necessary for our legitimate interests (to develop our Services, inform our marketing strategy, and grow our business).
5.6 Provide technical or other support.
5.6.1 We process personal data and information, including Transaction Data, Usage Data, Technical Data and Interactions Data, to prevent or address service, security, technical issues or, at a Customer’s request, in connection with customer support matters. This may include: research and analysis of trends to understand how users have used our Services, troubleshooting, testing, system maintenance, support and reporting. This is necessary for the provision of our Services to you; necessary for the performance of a contract, or in order to take steps prior to entering into a contract; is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to identify and/or prevent fraud); and is necessary for our legitimate interests (to grow our business, develop our Services).
5.7 Making suggestions and recommendations about our Services
5.7.1 We process personal data and information, including Customer Data and Marketing and Communications Data, to make suggestions and recommendations about our Services to you. This may include sending you emails about new product features or other news about Baily Labs. This is necessary for our legitimate interests (to engage in direct marketing, to develop and expand our Services, inform our marketing strategy, grow our business, and offer meaningful networking opportunities).
5.8 Investigating and preventing fraud.
5.8.1 We process personal data and information, including Transaction Data, Usage Data, Technical Data and Interaction Data, to keep the Services secure and to prevent abuse and fraud. This may include maintaining, testing and evaluating appropriate security and fraud prevention measures. This is necessary for the provision of the Services to you; necessary for the performance of a contract, or in order to take steps prior to entering into a contract; and necessary for our legitimate interests (for running the business, protect our business, provide administration and IT services, network security and to prevent fraud) and necessary to comply with a legal obligation.
6. Your choices
We endeavour to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
6.1 Direct Marketing.
6.1.1 We may use your personal data and information, including User Data, Customer Data, Transaction Data, Usage Data and Marketing and Communications Data, to form a view on what we think may be of interest to you as our Customer. This is how we decide which products, services and offers may be relevant for you for marketing. You may receive marketing communications from us if information was requested from us or if our Services were purchased from us, unless you have unsubscribed from such marketing communications is recorded by us. Our marketing communications may be sent by email and other means of communication.
6.2 Third-party marketing
6.2.1 We will obtain your express opt-in before we share your personal data or information with any third party for marketing purposes.
6.3 Opting out.
6.3.1 You can ask us to stop sending you marketing messages at any time by unsubscribing from our emails using the unsubscribe feature at the bottom of our emails, so that you receive no further email marketing communication from us. You may also opt out by contacting the team via the main website.
6.3.2 You may still receive service related and administrative emails from us, to inform you about changes in our Services and important Services related notices, such as security and fraud notices.
6.4 Customer Data.
6.4.1 Our Customers have choices concerning Customer Data. For example, a Customer may provision or de-provision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign accounts, share reports, or consolidate accounts or reports with other accounts. Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, please review the Help Centre pages of specific products for more information about these choices and instructions.
7 Sharing and Disclosure
7.1 Internal third parties
7.1.1 Affiliates in our corporate group (i.e. a parent company, a subsidiary company and/or a parent of another subsidiary company).
7.2 External service providers / third parties
7.2.1 Companies that provide products or services to us such as professional advisers, IT systems suppliers and support, data storage solutions, IT developers, insurance providers, analytics companies, advertising agencies, website hosting providers and other service providers.
7.3 Public and Government Authorities
7.4 Prospective Buyers / Sellers.
7.4.1 During changes to our business structure. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganisation, sale of some or all of Baily Labs’ assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
7.5 With third party integrations.
7.5.1 Baily Labs may, acting on our Customer’s behalf, share Customer Data with the provider of an integration added by Customer, where instructed to do so by the Customer. Baily Labs is not responsible for how the provider of an integration may collect, use, and share Customer Data.
Each party we share personal data and information to will only have access as is necessary. Please note that some of the above categories of third party recipients may not be applicable for the Service(s) that you purchase or request from us.
We may disclose or use aggregate or de-identified information for any purpose. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes like telling a prospective Customer the average number of transactions logged within a PayRemotely account or partnering with research firm or academics to explore interesting questions about innovation practices.
8. Sharing your personal data in other countries
8.1 Adequate level of Protection
8.1.1 Where the country has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
8.2 Specific Contracts
8.2.1 We may use specific contracts approved by the European Commission which give personal data the same protection. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
8.3 Privacy Shield
8.3.1 Where service providers are based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
9.1 We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Sharing and Disclosure. In compliance with the CAN-SPAM Act, all e-mails sent from our organisation will clearly state who the e-mail is from and provide clear information on how to contact the sender.
9.2 Baily Labs takes security seriously. We take appropriate organisational and technical measures to protect personal data and information you provide to us from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data and information transmitted, stored or otherwise processed. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of Customer Data and other information, please see our Security Practices; we keep that document updated as these practices evolve over time.
9.3 However, you recognise that no entity can keep personal data and information 100% secure. If you have reason to believe that any of your personal data is no longer secure, please notify us immediately using the contact information supplied below.
10. The length of time we retain your personal data and information
We retain your personal data and information for as long as is required to provide the Services requested by you. It is sometimes necessary for us to keep your personal data and information for longer periods of time, for example:
10.1 Where we act as controller of your personal data, there may be statutory reasons to retain it. We may also require the information for legal reasons or accounting requirements, or there may be a legitimate business need for us to retain it. We also need to ensure that we do not contact you if you have asked us not to.
10.2 Where we act as processor of your personal data under written instructions of a controller, we will process your personal data and information in accordance with the written instructions of the controller, unless otherwise determined by applicable legislation.
11. Your Legal Rights
Under certain circumstances, by law you may have the right to:
11.1 Request access to your personal data.
11.1.1 This enables you to receive a copy of your personal data and to check that we are lawfully processing it.
11.2 Request correction of the personal data that we hold about you.
11.2.1 This enables you to have any incomplete or inaccurate personal data we hold about you corrected.
11.3 Request erasure of personal data.
11.3.1 This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below), where we may have processed your personal data unlawfully or where we are required to erase your personal data to comply with local law. We may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
11.4 Object to processing of your personal data.
11.4.1 You may have the right to object to processing of your personal data we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation, which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.
11.5 Request restriction of processing your personal data
11.5.1 This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.
11.6 Request the transfer of your personal data to you or to a third party.
11.6.1 This enables you to ask us to provide you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the personal data to perform a contract with you.
11.7 Right to withdraw consent.
11.7.1 In the limited circumstances where you may have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us in writing using the details set out in the Contacting Baily Labs section below. Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
12. Exercising your rights
You may exercise your legal rights in respect of personal data in the following ways:
12.1 You can use the settings and tools provided in your Services account.
12.2 You may contact us in writing using the contact details in the Contacting Baily Labs section below. You will not have to pay a fee to access your personal data (or to exercise any of the other personal data legal rights). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
13. Contacting the data protection supervisory authority
You may have the right to make a complaint to the relevant data protection supervisory authority at the following address:
Data Protection Commission
21 Fitzwilliam Square South
We would, however, appreciate the opportunity to address any concerns you may have before you contact such a supervisory authority, so please contact us in the first instance, using the details at Contacting Baily Labs below.
14. Age restriction
All services provided by Baily Labs, including our websites, are only available to persons over the age of 18 years. Please do not submit any personal data or information, or request any Services which require the submission of personal data or information, if you are under the age of 18 years.
15. Third party websites
17. Effective Date
The effective date of the last amendment to this Privacy Notice is: September 18th 2019
18. Contacting Baily Labs
DPO c/o Baily Labs
20 Harcourt Street
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