Context and Scope
This notice scope is for the Think Evolve Solve website and TES Data Platform software solution and the complementary website of www.thinkevolvesolve.ie and http://www.tesdata.io . It also covers all related services we offer for customers across the lifecycle of use of these websites.
This privacy notice aims to give you information on how we collect and process personal data through use of our services. It is important that you understand this privacy notice, and if you are also a customer of ours, that you read it together with our Terms of Engagement and support policy.
We may update this notice from time to time. Where a change is significant, such as this latest update because of GDPR, we’ll make sure we let you know, usually by sending you an email or if you are a customer of our services then by alerting you on the platform itself.
Who We Are and How to Contact Us
Think Evolve Solve Limited company registration number is 517 519. This privacy notice aims to give you information about how we collect and process personal data in accordance with our obligations.
You can contact us at any time through firstname.lastname@example.org or engage our Data Protection Officer (DPO) by directly contacting them at DPO@thinkevolvesolve.ie.
You have the right to make a complaint at any time to the Data Protection Commissioner’s Office, the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC. So please contact us through one of the ways above, or perhaps speak to your account manager in the first instance.
As a responsible supplier we really want to help where we can do so. Our philosophy for data protection and privacy extends beyond personal data into the protection and privacy for all valuable information.
Personal data means different things to different people, so we adopt the meaning from the General Data Protection Regulations (GDPR) which is in force from May 25th 2018. Personal data we process includes data such as first name, surname, email address, avatar/profile photo, IP address, job role, contact information along with any personally identifiable content in support requests. Payment and banking information is generally provided at a corporate information level but it will also be considered personal data where, in the unlikely event, an individual is paying for the services from their own account and we may need to know some of that banking or credit card information.
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, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to determine the attractiveness of a particular feature or evaluate performance for future investments. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
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 support for our services). In this case, we may be relieved of that specific contractual obligation or choose not to proceed with a request but we will notify you if this is the case at the time.
Collecting personal data
When you visit our website or use our services, we collect personal data. The ways we collect it can be broadly categorised into the following:
- Provided directly by you – for example by completing our website forms for a demo, using the chat service to ask questions, signing up for our newsletter, calling in for help, applying for a job, participating in a webinar and completing your profile on our platform or by contacting us for support. You don’t have to share much personal data at all to benefit from the services and can always ask us to remove that later too. If you choose not to share the relevant personal data, you understand that might mean we cannot provide the services.
- Information we get from other parties – We might seek to find out more about someone from publicly available sources, or through reputable, qualified sources such as marketing and research organisations. We use this information to better personalise our services and on occasion to validate personal data you may provide.
- Information added by customers – a registered user of a customer or partner on the TES Data platform may add personal data into the secure cloud service as part of their purpose for using the platform. We have contractual obligations to those customers in our role as a data processor and those customers are responsible for that data and providing their own privacy notice to individuals about that data.
Important note – If you’re someone who doesn’t have a relationship with us but believe that an TES Data Platform user has entered your personal data into our platform, you’ll need to contact that user’s organisation for any requests. They will be the data controller in that instance and we are the data processor. This includes where you want to access, correct, amend, or request that the user delete your personal data, or address any other individual’s rights. If you did still contact us, we will attempt to redirect you to contact the organisation you think may have entered the data.
The TES Data Platform and services is not intended to be marketed to, sold to or used by children. In our capacity as a data controller we do not knowingly collect data relating to children. If you think children’s information is being processed by us in our role as a data controller please contact us.
How we share your personal data
We will not share your personal data with any other company for marketing purposes.
Your data may technically be shared for the purpose of sub processing as part of a contract we have with a third party supplier, for example a third-party data centre processing information on our behalf. We may also be required to share your data with law enforcement, government agencies, courts or regulators in order to comply with applicable laws. Where allowed, we will notify you of this type of disclosure. Your data may also be shared with a potential acquirer or investor of our company, or any part of it, and any other people where we have your consent.
Lawful basis for use of your personal data
We will only use your personal data when the law allows us to, following one of the lawful bases within the GDPR. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests and, your interests and fundamental rights do not override those interests. In those instances we will have conducted a Legitimate Interest Assessment.
- Where we need to comply with a legal or regulatory obligation.
- Where you have given your consent.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
You have the right to withdraw consent or opt out at any time by contacting us or using the relevant mechanism provided in the communication at the time e.g. unsubscribe from a mail marketing campaign, or ‘do not contact’ response in a specific email sent by one of our staff.
Once opted out a minimal amount of data will be held in a suppression / do not contact list so that we avoid any future contact.
Purposes for use of your personal data
We have set out below, in a simple table format, a description of the ways we might use your personal data, and which of the legal bases we rely on to do so. We may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose / Activity||Type of data||Lawful basis|
|To deliver our cloud platform services and related support for you as a registered user of the platform||First name
(users can optionally add more data if they choose to including avatar/photo profile and phone number)
|Performance of a Contract|
|To process and deliver your order including managing payments, collecting and recovering debts||First name
|Performance of a Contract
(and Legitimate Interests if pursuing a debt)
|To market and promote our services to prospective buyers and customers||First name
|To use data analytics to report on and improve our website, products/services, marketing, customer relationships and experiences||First name
Performance of a Contract
(if not using aggregated reporting and anonymised information)
|To prevent incidents, protect customers and respond quickly to security issues||First name
|Performance of a Contract
Necessary to comply with a Legal Obligation
|To respond to legal or regulatory demands||Any or all information held depending on the request||Necessary to comply with a Legal Obligation|
Set out below is a little more about the types of lawful basis that we will rely on to process your personal data.
- Legitimate Interest – means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can also contact us for further information about how we assess our legitimate interests against any potential impact on you.
- Performance of Contract – means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation – means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
We do not transfer your personal data from the TES Data Platform outside the European Economic Area (EEA) as the secure cloud platform is hosted in data centres located in Ireland and the Netherlands.
Personal data provided for support queries, accounting, sales and marketing purposes, does involve transferring your data outside the EEA as some of the third parties we use for sub processing have their facilities in other countries. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data or to a third party where we have approved transfer mechanisms in place to protect your personal data including by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).
Please contact us if you want further information on the specific mechanism we use when transferring your personal data out of the EEA.
Data protection and security
We have put in place measures to protect the confidentiality, integrity and availability of your personal data. The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. We aim to be a responsible supplier and prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, and avoid it being altered or disclosed where it shouldn’t be. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality and each one has relevant contracts in place to reinforce that aim.
We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Our intent is to notify within 24 hours or as soon as we become aware of any breach.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Following that period, we’ll make sure it’s deleted or anonymised.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example by law we have to keep basic information about customers for 6 years for tax and other purposes after they cease being customers. Depending on the use of the TES Data Platform some personal data may still be held because if it is part of an initiative you contributed to that is still in existence and your organisation wants an audit trail.
In some circumstances you can ask us to delete your data and request erasure as one of your legal rights, as set out below.
Your legal rights
You have legal rights for your personal data and in summary these are:
- Request access to your personal data
- Request correction of your personal data
- Request erasure of your personal data
- Object to processing of your personal data
- Request restriction of processing your personal data
- Request transfer of your personal data
- Right to withdraw consent
We have policies and practices in place for each of these requests so if you wish to exercise any of them please contact us and we will process that accordingly. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all valid requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You will not normally have to pay a fee for exercising your legal rights if the request is straightforward and valid. In the event the request is repetitive, excessive or unreasonable we will charge a reasonable fee. We may also choose to refuse a request. In this instance DPC guidance will be followed when choosing not to respond and this will include an explanation why, informing you of your right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within one month.
Explanation about your Legal Rights
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that 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.
- Object to processing of your personal data where 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 information which override your rights and freedoms.
- Request restriction of processing of your personal data. 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 data is unlawful but you do not want us to erase it; (c) where you need us to hold the 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 data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to 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 information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You can contact us at any time through email@example.com or engage our Data Protection Officer (DPO) by directly contacting them at DPO@thinkevolvesolve.ie
Updated 18/07/2018 Current Version 2.2