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Data Collection
The Telling Group, LTD undertakes to collect Your Data
by means that are fair, legal; and transparent.
If you visit The Telling Group, LTD's web-site, your web-browser automatically discloses,
and The Telling Group, LTD's web-server automatically logs, the following information: the
date and time, the IP address from which you issued the request,
the type of browser and operating system you are using, the URL
of any page that referred you to the page, the URL you
requested, and whether your request was successful. This data
may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a
web-form, may also be logged. This data may or may not
be sufficient to identify you.
Any additional data that your web-browser
automatically provides may also be logged. This will be
the case, for example, if your browser has previously been
requested to store data on your computer in 'cookies'
and submits them each time you request a web-page within a
particular domain (such as The Telling Group.com). This data may or may not be sufficient to identify you.
If you disclose personal data to The Telling Group,
LTD in conjunction with an identifier such as your name or your credit-card
details, The Telling Group, LTD will collect Your Data. Moreover, any data that becomes available to The
Telling Group, LTD through any of the means described in the preceding paragraphs may be able
to be associated with that identifier, and hence become Your
Data.
Subject to the qualifications immediately below, The Telling
Group, LTD
undertakes to collect Your Data from you and not from
other parties. This undertaking is qualified as follows:
- where The Telling Group, LTD reasonably considers that the protection of its financial interests
requires that it gather data from other sources, or from
additional sources. This applies in particular where The
Telling Group, LTD has a lending exposure to you, and seeks information about your
creditworthiness;
- where The Telling Group, LTD reasonably considers that its capability to deliver quality services to
you will be materially enhanced by gathering data from other
sources.
Where The Telling Group, LTD collects Your Data from sources other than you, it undertakes:
- to do so only by legal means;
- to do so only with your Consent; and
- to declare to you what sources it uses, and under what
circumstances.
The Telling Group, LTD undertakes to declare the purpose of collection in a
manner which is clear and meaningful, and to avoid vague, highly
inclusive statements such as 'to support our operations'.
Data Security
The Telling Group, LTD undertakes to store Your Data in a manner that ensures
security against unauthorized access, alteration or deletion, at
a level commensurate with its sensitivity.
The Telling Group, LTD undertakes to store Your Data only in jurisdictions where
data protections are at least equivalent to those required under
the OECD Guidelines.
The Telling Group, LTD undertakes to transmit Your Data in a manner that ensures
security against unauthorized access, alteration or deletion, at
a level commensurate with its sensitivity.
The Telling Group, LTD undertakes to implement appropriate measures to ensure security of
Your Data against inappropriate behavior by The Telling Group,
LTD's staff-members and contractors. These include:
- training for staff in relation to privacy;
- access control, to limit access to Your Data to those
staff and contractors who have legitimate reasons to access
it;
- particularly in the case of sensitive data, audit trails
of accesses, including the identities of staff and
contractors accessing the data;
- reminders to staff and contractors from time to time
about the importance of data privacy, and the consequences
of inappropriate behavior;
- declaration of appropriately strong sanctions that are
to be applied in the event of inappropriate behavior
- clear communication of policies and sanctions; and
- processes to audit, to investigate and to impose
sanctions.
Data Use
Use refers to the application of Your Data by any part of The
Telling Group, LTD, or any staff-member or contractor of The Telling Group, LTD
in the course of their work.
The Telling Group, LTD undertakes to use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed
between The Telling Group, LTD and You;
- such additional purposes as may be required by
law. In these circumstances, The Telling Group, LTD will take any reasonable steps available to it to communicate to You that
the use has occurred, unless it is precluded from doing so
by law; and
- such additional purposes as are
authorized by
law (in particular to protect The Telling Group,
LTD's interests, e.g. if it believes on reasonable grounds that
You have failed to fulfill your undertakings to The Telling
Group, LTD or have committed a breach of the criminal law).
The Telling Group, LTD undertakes to use
your data only if it has demonstrable relevance
to the particular use to which it is being put.
The Telling Group, LTD undertakes to use
your data
in such a manner as to take into account the
possibility that it is not of sufficient quality for the
purpose, e.g. because it is inaccurate, out-of-date,
incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making your data available to any party
other than The Telling Group, LTD
and You. The term disclosure may include many different conditions of data
transfer, including selling, renting, trading, sharing and
giving.
The Telling Group, LTD
undertakes to disclose Your Data only under the following circumstances:
- in the course of business being conducted
between You and The Telling Group, LTD, where disclosure is necessary to a contractor,
such as a transport company. Where Your Data is disclosed in
this way, The Telling Group, LTD undertakes to exercise control over The Telling Group, LTD's contractors to ensure that their actions are compliant
with these Terms;
- in other circumstances that are directly implied
by the purpose agreed between You and The Telling Group, LTD at the time of data collection or
subsequently. Where Your Data is disclosed in this way, The
Telling Group, LTD undertakes to exercise control over The Telling Group, LTD
's contractors to ensure that their actions are compliant
with these Terms;
- with your consent, or at your request;
- where required by law, such as a
provision of a statute, or a court order such as a search
warrant or subpoena. In these circumstances, The Telling
Group, LTD will take any reasonable steps available to it to communicate to You that
the disclosure has occurred, unless it is precluded from
doing so by law;
- where permitted by law (e.g. the
reporting of suspected breach of the criminal law to a law
enforcement agency; and in an emergency, where The Telling
Group, LTD believes on reasonable grounds that the disclosure of
your data will
materially assist in the protection of the life of health of
some person), provided that The Telling Group, LTD will apply due diligence to ensure that the exercise of the permission is
justifiable.
In all cases, The Telling Group, LTD undertakes to disclose only such of Your Data as is necessary in the
particular circumstances.
Data Retention and
Destruction
Subject to the qualifications immediately below, The Telling
Group, LTD undertakes:
- to retain Your Data only as long as is
consistent with its purpose; and
- to destroy Your Data when its purpose
has expired, and to do so in such a manner that Your Data is
not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Your Data may be retained in The Telling Group, LTD's logs, backups and audit trails within
short-term retention cycles that are devised to protect the
company's operations. In such cases, Your Data will be
destroyed in accordance with those cycles;
-
Your Data may be retained beyond the expiry of its
purpose if that is required by law, such as
a provision of a statute, or a court order such as a search
warrant or subpoena, or a warning by a law enforcement
agency that delivery of a court order is imminent. In these
circumstances, The Telling Group, LTD:
- will take any reasonable steps available to it to
communicate to You that Your Data is being retained,
unless it is precluded from doing so by law; and
- will only retain Your Data while that provision is
current, and will then destroy Your Data;
- Your Data may be retained beyond the expiry of its
purpose if it is authorized by law (in
particular to protect The Telling Group, LTD's interests, e.g. if it believes on reasonable grounds that
You have failed to fulfill your undertakings to The Telling
Group, LTD or have committed a breach of the criminal law). In these circumstances,
The Telling Group, LTD will only retain Your Data while that situation is current, and will then
destroy Your Data.
Access by You to
Your Personal Data
The Telling Group, LTD undertakes to provide you with access to Your Data,
subject to only such conditions and processes as are reasonable
in the circumstances. In particular, The Telling Group, LTD undertakes to enable access:
- conveniently;
- without unreasonable delay; and
- without cost.
The Telling Group, LTD undertakes to establish and operate identity authentication
protections for access to Your Data that are
appropriate to its sensitivity, but practical. This may involve
some inconvenience; for example, relatively straightforward
procedures may be involved in order to provide you with access
through a channel that you have previously registered with The
Telling Group, LTD (such as a particular email-address), but may impose more onerous
procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, The
Telling Group, LTD undertakes to take reasonable steps in relation to the amendment,
supplementation or deletion of Your Data.
You undertake:
- not to seek access for frivolous purposes, or
unreasonably frequently;
- to accept that deletion of some data may not be
consistent with the provision of particular services by The
Telling Group, LTD to you.
Information about
Data-Handling Practices
The Telling Group, LTD undertakes to make information available to you about the manner in which
The Telling Group, LTD handles your data:
- in general terms, in a readily accessible manner; and
- in more specific terms, on request.
Where Your Data is disclosed to a contractor, The Telling
Group, LTD undertakes to make information available to you on request about the
manner in which The Telling Group, LTD's contractors handle your data.
The Telling Group, LTD undertakes to ensure that the information provided is meaningful, and
addresses your concerns.
You undertake:
- not to seek such information for frivolous purposes, or
unreasonably frequently; and
- to accept that the disclosure of excessive detail may
harm the security of Your Data and The Telling Group, LTD's business processes, and may harm The Telling Group, LTD's commercial interests.
Handling of
Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about
these Terms, or about The Telling Group, LTD's behavior in relation to these Terms, you undertake:
-
to communicate them in the first instance:
- to The Telling Group, LTD only;
- in sufficient detail;
- through a channel made available by The Telling
Group, LTD for that purpose;
The Telling Group, LTD
undertakes:
- to provide one or more channels for
communications to The Telling Group, LTD, which are convenient to users;
- to promptly provide acknowledgement of
the receipt of communications, including the provision of a
copy of the communication, the date and time it was
registered, and The Telling Group, LTD's reference-code for the communication;
- to promptly provide a response to the
communication, in an appropriate and meaningful manner.
You further undertake to not pursue The Telling Group, LTD through any Regulator or the media:
- until and unless The Telling Group, LTD has had a reasonable opportunity to respond to the initial communication;
and
- while The Telling Group, LTD and you remain are conducting a meaningful dialogue about the matter.
Enforcement
The Telling Group, LTD declares that its undertakings in these Terms are intended to create
legal obligations, and that those obligations
are intended to be enforceable under
appropriate laws in appropriate jurisdictions. These include
laws relating to data protection, privacy, fair trading,
corporations and criminal laws.
You undertake to seek enforcement only in a
jurisdiction that is relevant to the transactions that
have taken place between You and The Telling Group, LTD, in particular the jurisdiction in which you live or in which
you performed the relevant acts, and the jurisdiction in which
The Telling Group, LTD is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in
any particular jurisdiction, The Telling Group, LTD draws your attention to the following resources:
Changes to These
Privacy Undertakings
The Telling Group, LTD undertakes:
- not to materially change these Terms in a manner that
reduces the protections for Your Data;
- to take all possible steps to prevent any company that
acquires this company or any of its relevant assets from
materially changing the Terms applicable to Your Data in a
manner that reduces the protections for Your Data;
- where it is considering making changes to these Terms,
or creating more specific Terms relating to specific
services, to consult with appropriate representative and
advocacy organisations;
- where it makes changes to these Terms, to ensure that
the differences between successive versions are readily
accessible;
- to maintain all prior versions of these Terms in such a
manner that they are dated, and readily accessible.
Definitions
The Telling Group, LTD means <insert details of the organisation>.
Your Data means data that is capable of
being associated with you, whether or not it includes an
explicit identifier such as your name or customer number. In
particular, it encompasses all data that The Telling Group, LTD is capable of correlating with you, using such means as server-logs and
cookie-contents.
Your Data does not refer to data that can no longer be
associated with you. This includes aggregated data that does not
and cannot identify the individuals whose data are included in
the aggregation.
Consent means your concurrence with an
action to be taken by The Telling Group, LTD. Consent may be express or implicit, but in either case must be
informed and freely-given.
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