Effective Date: January 7, 2020
References in this Policy to "data protection law" mean (as applicable) the General Data Protection Regulation (Regulation (EU) 2016/679), and all related data protection legislation from time to time having effect according to your location and the company which is carrying out the processing activities (which in the case of ThinkRite Ltd will include the Data Protection Act 2018).
The data controllers with conduct of your personal information are (as applicable):
For the purposes of data protection law, ThinkRite Ltd has been appointed as representative of ThinkRite, Inc.
The following sections explain what information we hold about you, why we are processing that information, the legal basis for the processing, the duration for which we keep your information and (if applicable) who your information will be shared with and where those recipients are based.
We process information about you from the following sources:
Information You Provide to Us. This is information about you that you give us by filling in forms on our Site, using ThinkRite Software (such as creating a profile), emailing us, writing to us or speaking to us by phone or in person. The information you give us may include your name, job title, contact address, email address and phone number.
If you are a user of ThinkRite Software then we may additionally receive a photograph of you, details of your contacts and calendar appointments (including meeting locations). We may collect and store information (including personal information) locally on your device as part of the ThinkRite Software's operation.
If you use our Remote Executive Assistant service, you may additionally provide us with information about your meetings, events, or other tasks that you want assistance with.
For customers and suppliers, in certain circumstances we will receive payment information from you.
Information Collected About You Through the Site or ThinkRite Software. We may automatically collect information about you when you use the Site or register to download and use, or use the ThinkRite Software. Typically this information will not personally identify you. For example, if you access the Site or the ThinkRite Software through a computer or mobile device, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. We may obtain the conference bridge information that you may be using, or the method by which you connected to various servers when you use the ThinkRite Software
When you use the ThinkRite Software, we may automatically collect and store certain information. This may include telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, routing information and types of calls, IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
We may automatically collect information from you when you use the Site using “cookies”. Please refer to section 10 below for additional information.
Information Obtained From or Provided by Third Parties. This category includes where your employer or principal supplies us with your information, for example where you are the point of contact for that organisation. If you are a sole trader or a partner within a legal partnership then we may receive your information from your employees or fellow partners. The information about you which we receive from third parties typically includes your name, contact details, job title and, in certain situations, bank details. We also keep a record of your meeting ratings provided by other users within the ThinkRite Software.
We may also receive your information from another company within the ThinkRite group. For example where our US company passes your information to our UK company so that the latter can provide you with customer technical support.
How We Use Your Information. We use your personal information for the following purposes:
for customers and prospective customers, to process your purchase orders (and take other pre-contractual steps) and to provide the products and services you have requested from us (including the ThinkRite Software and Remote Executive Assistants service);
for suppliers, to perform the contract between us (including taking pre-contractual steps such as obtaining a fee quote from you or negotiating the contract between us), to manage our account with you and to keep proper administrative records of contracts and tenders;
in all cases, to respond to your enquiries or to follow up our own enquiries;
for customers and end users, to ensure the effective operation of the ThinkRite Software, including in particular sharing your name, photo, company, and job title with other ThinkRite Software users who are trying to meet with you;
for customers, prospective customers and end users, to request feedback (including by survey) and to enable us to better understand how the Site and/or the ThinkRite Software is being used and how it can be improved;
for customers and end users, to send you marketing materials about our products and services which we think will be of interest to you;
in certain cases, to comply with our legal or regulatory obligations;
on your instruction, to share your collaboration preferences and meeting ratings with other ThinkRite Software users; and
in all cases, for any other purpose for which you specifically provide the information to us, unless otherwise restricted.
In accordance with data protection law, we process your personal information on the following legal grounds:
if you are a customer or supplier of ours, because the processing is necessary for the performance of the contract between you and us, including the taking of pre-contractual steps. This includes where you are a customer and/or end user and we need your information in order for the ThinkRite Software to function;
if you are an employee or representative of a customer or supplier of ours, because we have a legitimate interest in processing your information in order to perform the contract between us and your employer or principal, including taking pre-contractual steps at their request. In accordance with data protection law, we have carefully weighed your interests and fundamental rights and freedoms against our interest to process your information in this way and are satisfied that we are justified in doing so;
in certain circumstances, the processing is necessary for us to comply with our legal or regulatory obligations;
in all other cases, the processing is necessary for achieving our legitimate interests of:
ensuring the effective operation of the ThinkRite Software and related services;
maintaining accurate internal records of customers, suppliers, contractors, and their contacts for administrative and commercial purposes. This includes where we keep a record of potential supplier details with a view to using their services or purchasing their products in the near future and where we keep a record of past tenders we have made;
responding to your enquiry, whether submitted through our website, email, over the telephone, in person or otherwise; or
sending you marketing information about our products and services (including, where applicable, on the basis of the soft opt-in under the Privacy and Marketing Communications Regulations). You can unsubscribe from these communications at any time by following the instructions contained in the communication or by contacting us using the details in section 14 below,
and in accordance with data protection law we have carefully weighed your interests and fundamental rights and freedoms against our interest to process your information and are satisfied that we are justified in processing your information for these purposes; and
we are otherwise processing your data on the basis of your consent. This will typically be the case where you have opted into receiving marketing communications from us.
How Long Do We Keep Your Information For? We only keep your information for so long as it is reasonably necessary. When setting our data retention periods, we consider the amount, nature, and sensitivity of the information we hold, the potential risk of harm from unauthorised use or disclosure of the information and the purposes for which we process the information (including whether we can achieve those purposes by other means). We also take into account our other legal obligations to keep or securely dispose of personal information.
Generally speaking, we keep your personal information for the following periods of time:
customer, supplier and contractor information (including contact details of employees and representatives) where we enter into a contract - seven years from the date of termination of our contract; and
customer, supplier and contractor information (including contact details of employees and representatives) where a contract is not entered into between us - three years from the last communication between us.
If we need to keep your information for a longer period then we will notify you of the reason and grounds for doing so.
How We Share Your Information with Third Parties? Your personal information is not shared with anyone except where we are required to do so to comply with the law, to protect our rights, to improve and expand our products and services or to efficiently operate our business. In order to achieve these purposes, we will share your data with the following people or groups of people:
Other Companies in the ThinkRite Group. We may disclose your information to other companies within our group as part of the management of our business and the fulfilment of customer and supplier contracts. Where the receiving company is based outside of the EU, the transfer is justified on the basis that the parties are subject to a binding agreement on standard data protection clauses approved by the European Commission;
Third-Party Service Providers. Our outsourced service providers (and their employees and representatives) may in certain circumstances require access to data held on our systems, for example where we need to troubleshoot a technical issue. All our service providers are subject to strict contractual obligations to treat your personal information with the utmost sensitivity, to keep it confidential, and to comply with data protection law at all times. Where we transfer your personal information to our cloud hosting provider, Amazon Web Services, Inc., we do so on the basis that the recipient is certified under the EU-US Privacy Shield framework;
Professional Advisers, Regulatory Bodies, Other Lawful Recipients. Where necessary, we will disclose your personal information to our professional advisers, who are subject to professional duties of confidentiality. To the extent we are required to do so by law, we may also share your personal information with our regulators (which may include, in the UK, the Information Commissioner's Office) and other third parties; and
Potential Purchasers of our Business. Subject to those persons entering into strict confidentiality obligations with us and only to the extent permissible under data protection law.
Under certain circumstances, ThinkRite may bear liability for onward transfers of personal information from the EU where third-party sub-processors process personal information inconsistent with the EU-U.S. Privacy Shield Principles, unless ThinkRite proves that it is not responsible for the event giving rise to the damages.
Except as identified above, to the best of our knowledge, understanding and belief we do not transfer your personal information outside of the European Union.
Security. We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the internet or telephone can be guaranteed to be 100% secure. As a result, ThinkRite cannot guarantee or warrant the security of any information you transmit on or through the Site and/or the ThinkRite Software and you do so at your own risk.
if we are processing your data on the basis of your consent then you have the right to withdraw that consent at any time. Consent can be withdrawn by contacting us using the details set out in section 15 below. You can also withdraw consent to receiving marketing communications from us by following the relevant links in the communications we send you. If you choose to withdraw your consent then please note that the lawfulness of our historic processing based on your consent will not be retrospectively affected by your withdrawal of consent. We will also continue to send you communications relating to your account with us and as may be necessary for the provision of our products or services to you;
the right to access a copy of your information which we hold. This is called a 'subject access request'. Additional details on how to exercise this right are set out in section 11, below;
the right to prevent us processing your information for direct marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us using the details set out in section 15, below or by clicking the relevant links in the marketing communications we send to you;
the right to object to decisions being made about you by automated means. We do not currently use automated decision making but we will let you know if this changes in the future;
the right to object to us processing your personal information in certain other situations;
the right, in certain circumstances, to have your information rectified, blocked, erased or destroyed if it is inaccurate;
the right, in certain circumstances, to claim compensation for damages caused by us breaching data protection law;
the right, in certain circumstances, to request that we erase, rectify, cease processing and/or delete your information; and
in certain circumstances, the right to request the information we hold on you in a machine readable format so that you can transfer it to other services. This right is called 'data portability'. Additional details on how to exercise this right are set out in section 11, below.
Should you have any concerns about how we hold and process your information, you have the general right to complain to us (in the first instance) and, if you are not satisfied by our response, to your local supervisory authority.
Cookies. Cookies are small amounts of data that are stored on your device and which are accessed and recorded by the websites that you visit so that they can recognise the same browser navigating online at a later time.
Information that may be collected by cookies when you use the Site may include:
the pages you visit within the Site;
the date and time of your visit to the Site;
the amount of time you spend using the Site;
the Internet Protocol (IP) address used to connect your computer to the internet; and/or
your computer and connection information such as your browser type and version, operating system and platform.
You can set your device's browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to use certain features of the Site or ThinkRite Software. In addition, your browser may allow you to adjust your browser settings so that "do not track" requests are sent to the websites that you visit; doing so may also impact your ability to use certain features of the Site or ThinkRite Software.
Under data protection law you can exercise your right of access by making a written request to receive copies of some of the information we hold on you. You must send us proof of your identity, or proof of authority if making the request on behalf of someone else, before we can supply the information to you. Requests should be sent to us using the contact details in section 14 below.
You do not need to pay a fee to exercise this right unless you are requesting copies of documents you already possess, in which case we may charge our reasonable administrative costs. We are, however, allowed to charge you for our reasonable administrative costs in collating and providing you with details of the requested information which we hold about you if your request is clearly unfounded or excessive. In very limited circumstances, we are also entitled to refuse to comply with your request if it is particularly onerous.
In certain circumstances, you are entitled to receive the information in a structured, commonly used and machine readable form.
Third Party Sites. Our Site and/or ThinkRite Software may link to third party websites or services. If you follow a link to any of these websites, please note that these sites may have their own privacy policies and that we do not accept any responsibility or liability for those policies. In particular, please check their privacy policies before you submit any personal data to those websites as they may not be on the same terms as ours.
Children. The Site, the ThinkRite Software and our other products and services are not intended for use by children under the age of 18 (or the applicable age of majority in your country of residence). We do not knowingly collect or distribute personal information from or about persons under the age of 18. It is a contractual condition of using our ThinkRite Software that the user be aged 18 (or the applicable age of minority in the user's country of residence) or over.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, ThinkRite Inc is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ThinkRite Inc may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
ThinkRite Inc commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources and non-human resources data transferred from the EU.
Questions? Exercise of Rights. In compliance with the Privacy Shield Principles, ThinkRite Inc commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us via email: firstname.lastname@example.org, post: GDPR Administration, ThinkRite Ltd of 26 Basepoint Centre, Harts Farm Way, Havant, PO9 1HS, England
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the Information Commissioner’s Office (ICO), the UK’s supervisory authority for data protection issues: https://ico.org.uk/make-a-complaint/eu-us-privacy-shield/
Under certain conditions, more fully described on the Privacy Shield website here: https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Information You Directly and Voluntarily Provide to Us. If you are a visitor to our Site or a user of the ThinkRite Software, we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services, and when you register as a user of the ThinkRite Software or purchase any products or services via the Site. For example, you may provide us with your name, photo, company, job title, email address, phone number, and access to your calendars, contacts, conference bridge information, webinar and other URL links, and meeting locations so that we can help you manage your meetings. If you use our Remote Executive Assistant service, you may provide us with information about your meetings, events, or other tasks that you want assistance with. You may also choose to provide to us your physical address, payment account information and other information we may request from you when you visit our Site or use ThinkRite Software. You may also elect to provide information on your collaboration preferences.
Information Automatically Collected Through the Site or ThinkRite Software. We may automatically collect information about you when you use the Site or register to download and use, or use the ThinkRite Software. For example, if you access the Site or the ThinkRite Software through a computer or mobile device, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. We may obtain the conference bridge information that you may be using, or the method by which you connected to various servers when you use the ThinkRite Software. We also capture your email address and the fact that you are in a meeting when you join a meeting using ThinkRite Software. We may also gather your email address and other personal information when you notify us regarding a problem or issue. We may also gather information when other ThinkRite users rate you or your meetings.
We may automatically collect information from you when you use the Site using "cookies." Cookies are small amounts of data that are stored within your computer's Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.
Information that may be collected by cookies when you use the Site may include:
the pages you visit within the Site;
the date and time of your visit to the Site;
the amount of time you spend using the Site;
the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
your computer and connection information such as your browser type and version, operating system and platform.
You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to use certain features of the Site. In addition, your browser may allow you to adjust your browser settings so that "do not track" requests are sent to the websites that you visit.
When you use the ThinkRite Software, we may automatically collect and store certain information. This may include telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, routing information and types of calls, IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. We may collect and store information (including personal information) locally on your device by various means..
How We Use the Information We Collect. We use the information we gather through the Site or your registration, downloading and/or use of the ThinkRite Software in the following ways:
to request feedback and to enable us to better understand how the Site and/or the ThinkRite Software is being used and how it can be improved;
to contact and communicate with you and to respond to your communications and requests about the Site and/or the ThinkRite Software, or about our products or services, or special events or offers;
for internal marketing, promotional, and informational purposes;
to process your purchase orders placed via the Site and provide products and services purchased by you from or via ThinkRite, whether via the Site or otherwise;
to share your name, photo, company, and job title with other ThinkRite Software users who are trying to meet with you;
to suggest meeting times to you and other ThinkRite Software users based on your calendar free time availability, subject to your Settings;
to share your collaboration preferences and meeting ratings with other ThinkRite users; and
for any other purpose for which you specifically provide the information to us, unless otherwise restricted.
If you provide your email address to us, we may email you with information and updates about the Company and its products and services that we believe may be of interest to you.
How We Share Your Information with Third Parties. We do not sell or rent user information we collect through the Site or your registration as a user of, or use of, the ThinkRite Software to any unaffiliated third parties for their own marketing purposes. In the event the Company wants to sell or rent your information to unaffiliated third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications. The Company does share your information with third parties in some circumstances as follows:
A. Employees and Third-Party Service Providers.We will disclose your information to our employees, contractors, vendors and suppliers ("Service Providers") who provide products and services to us or on our behalf, such as operating and supporting the Site and/or the ThinkRite Software, analyzing data, or performing marketing or consulting services, or in connection with your purchase of products or services provided by such Service Providers. These Service Providers will only have access to the information needed to perform these functions.
Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site or the ThinkRite Software by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in other violation of our User Terms or improper conduct . You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
Aggregate Information. We may share information relating to users of the Site and/or the ThinkRite Software with affiliated or unaffiliated third parties on an anonymous, aggregate basis.
Children Under Age 13. The Site and the ThinkRite Software is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian. We do not knowingly collect or distribute personal information from or about children under the age of 13.
Security. We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet or telephone can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Site and/or the ThinkRite Software and you do so at your own risk.
Use of Information Outside the United States. The Site and the ThinkRite Software are directed to users located in the United States. If you are located outside of the United States and you choose to use the Site or the ThinkRite Software or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States. Your use of the Site or the ThinkRite Software constitutes your consent and agreement to these practices and such transfer of your data. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Site or the ThinkRite Software. The European Commission and/or other geopolitical regions have determined the United States may not subscribe the same legislative standards for data protection that may be applicable in other countries or geopolitical regions. By providing us with your personal information, you are consenting to our use of it in accordance with our privacy practices, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.
Accessing, Changing and Managing Your Information. If you have provided your name and email address to us, you may request that we remove your name and email address from our database by contacting us at support@ThinkRite.com. Following receipt of a request from you, we will take reasonable steps to delete your information as requested. You may be unable to use the ThinkRite Software if your name and email address is removed. ThinkRite also honors requests from users for corrections or revisions to account information. The authorizations given by you hereunder remain in effect until you provide written notice of revocation to ThinkRite.
Opting Out; Revocation of Authorization. If you wish to opt-out of receiving marketing emails from us, please follow the instructions contained in each such email you receive from us, which will allow you to opt-out of receiving further marketing emails from us. Please note, however, that any such opt-out only applies to ThinkRite and will not apply to any third parties to which we have supplied your information. Additionally, you acknowledge and agree that opt-out notification processing may not be immediate, and you agree that should you receive additional communications, your rights and remedies are limited to contacting us to reiterate your request to opt-out. You can revoke your authorizations regarding use of your information at any time by providing written notice to ThinkRite. A revocation of authorization is effective after you submit it to ThinkRite, but it does not have any effect on ThinkRite’s prior actions taken in reliance on the authorization before revoked, and does not affect ThinkRite’s use of information that does not constitute user identifiable information. You may not opt out of non-marketing emails, such as emails sent by ThinkRite or other users as part of the normal operation and use of the ThinkRite Software and its functionalities and features. If you do not wish to receive such emails, you must cease using the ThinkRite Software, remove the ThinkRite Software from your Device and request deactivation and deletion of your user account. Any third parties using the ThinkRite Software that are not registered users may continue to receive emails regardless of whether they have opted out of receiving marketing emails.
Surveys. Occasionally, we may conduct surveys on our Site. Surveys are conducted at random and are completely voluntary to our Site users. The survey may require a user to provide personal information in exchange for the information or services provided by the survey. We may use this information in an aggregate manner to better tailor the type of services, information, and advertising that are provided on our Site.
California Privacy Rights. Under California law, Users who are California residents may request certain information regarding the types of information shared by us with third parties for marketing purposes and the identities of those third parties. If you are a California resident, you may make such a request by sending an email to support@ThinkRite.com with “California Privacy Information Request” on the subject line and in the body of your message.