Privacy, cookies and legals.

1. Introduction

1.1We are committed to safeguarding the privacy of our website visitors and customers; in this policy we explain how we will handle your personal data.

1.2This policy applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.

1.3We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.4In this policy, “we”, “us” and “our” refer to Ninety Consulting Ltd.

2. How we use your personal data

2.1In this Section 2 we have set out:

• (a)the general categories of personal data that we may process;
• (b)the purposes for which we may process personal data; and
• (c)the legal bases of the processing.

2.2We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

2.3We may process your account data (“account data”). The account data may include your name and contact details. The source of the account data is you, having submitted such data in order to complete a transaction. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you about your transaction. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business including order fulfilment.

2.4We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.5We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of responding to your enquiry. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.6We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name and contact details, and information contained in communications between us and you. The source of the customer relationship data is you, having submitted such data in order to complete a transaction or enquiry. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers about their transaction, and keeping records of such communication. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

2.7We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

2.8We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

2.9We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.10We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.11In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3. Providing your personal data to others

3.1We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Retaining and deleting personal data

4.1This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3All personal data will be retained for a minimum period of 6 months following its acquisition or from 23rd May 2018, whichever is later, and for a maximum period of 6 years following its acquisition.

4.4Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Amendments

5.1We may update this policy from time to time by publishing a new version on our website.

5.2You should check this page occasionally to ensure you are happy with any changes to this policy.

5.3We may notify you of material changes to this policy by email.

6. Your rights

6.1In this Section 6, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

6.2Your principal rights under data protection law are:

• (a)the right to access;
• (b)the right to rectification;
• (c)the right to erasure;
• (d)the right to restrict processing;
• (e)the right to object to processing;
• (f)the right to data portability;
• (g)the right to complain to a supervisory authority; and
• (h)the right to withdraw consent.

6.3You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by emailing contact@ninety.com.

6.4You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

6.5In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

6.6In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

6.7You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

6.8You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

6.9You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

6.10To the extent that the legal basis for our processing of your personal data is:

• (a)consent; or
• (b)that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

6.11If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

6.12To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

6.13You may exercise any of your rights in relation to your personal data by written notice to us via email at contact@ninety.com.

7. Third party websites

7.1Our website includes hyperlinks to, and details of, third party websites.

7.2We have no control over, and are not responsible for, the privacy policies and practices of third parties.

8. Personal data of children

8.1Our website and services are targeted at persons over the age of 18 years.

8.2If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

9. Updating information

9.1Please let us know by contacting contact@ninety.com if the personal information that we hold about you needs to be corrected or updated.

10. About cookies

10.1A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

10.2Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

10.3Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

11. Cookies that we use

11.1We use cookies for the following purposes:

• (a)Google Analytics – we use this cookie to monitor your use of our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session);
• (b)GetClicky – we use this cookie to monitor your use of our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session);
• (c)YouTube – we use this cookie to monitor your consumption of video on our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session);
• (d)Hubspot – we use cookies to monitor your use of our website in order to provide us with data for marketing automation (cookies used for this purpose are: session);
• (e)LinkedIn – we use this cookie to monitor your use of our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session);
• (f)SessionCam – we use this cookie to monitor your use of our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session);
• (g)Albacross – we use this cookie to monitor your use of our website in order to provide us with usage statistics and analytics (cookies used for this purpose are: session); and
• (h)cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: consent).

12. Cookies used by our service providers

12.1Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

13. Managing cookies

13.1Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

• (a)support.google.com/chrome/answer/95647 (Chrome);
• (b)support.mozilla.org (Firefox);
• (c)opera.com/help/tutorials/security/cookies (Opera);
• (d)support.microsoft.com (Internet Explorer);
• (e)support.apple.com/kb/PH21411 (Safari); and
• (f)privacy.microsoft.com (Edge).

13.2Blocking all cookies will have a negative impact upon the usability of many websites.

13.3If you block cookies, you will not be able to use all the features on our website.

14. Our details

14.1This website is owned and operated by Ninety Consulting Ltd.

14.2We are registered in England and Wales with registration number 09353834, and registered office address 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.

14.3Our principal place of business is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.

14.4You can contact us:

• (a)by post, to the postal address given above;
• (b)using our website contact form;
• (c)by telephone, on the contact number published on our website from time to time; or
• (d)by email, using the email address published on our website from time to time (contact@ninety.com).