Instinct Digital Limited (“Instinct”, “we”, “us”) is responsible for your personal information. Instinct takes its data protection and privacy responsibilities seriously. This privacy notice explains how we collect, use and share personal information in the course of our business activities, including: We may amend this notice from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this notice. You might find external links to third party websites on our website. This privacy notice does not apply to your use of a third party site
1. What personal information we collect and when and why we use it In this section you can find out more about
the types of personal information we collect
when we collect personal information
how we use personal information
the legal basis for using personal information
When we collect information
We collect information about you if you:
register with or use one of our website(s) or online services
contact us directly through the website or other method
purchase one of our services
work with us as a business partner, collectively ("you").
Types of personal information we collect
Name and contact details;
Information about your role within your organisation;
Business information you voluntarily provide about your other colleagues that you are willing and authorised to share, such as contact information; and
Any other personal information you voluntarily provide to us in the course of using any chat or similar functionality on our website.
Why we collect the information and how we use it
Our primary goals in collecting personal information from you is to help us:
Effectively deliver our services;
Marketing and sales activity (including direct marketing) in respect of our services;
Respond to enquiries by you or other requests made by you;
Effective provision of our services; and
Enhancement, develop and market of our services and new services.
How we collect the information
Through our website, including any chat functionality on our website;
Any follow-up activity such as marketing or other engagement with you (such as telephone conversations or email correspondence); and
During the provision or enhancement of our services.
The legal basis for using your personal information
We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because:
you have provided your consent to us using the personal information;
our use of your personal information is in our legitimate interest as a commercial organisation - in these cases we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to processing as explained in [insert link to Your Rights section 6 below];
our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you; and/or
our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have.
If you would like to find out more about the legal basis for which we process personal information please contact: [firstname.lastname@example.org]
2. Sharing personal information within instinct, with our service providers, and other third parties In this section you can find out more about how we share personal information:
within the Instinct corporate group;
with third parties that help us provide our products and services; and
in order to comply with law
We share your information in the manner and for the purposes described below
Within the Instinct corporate group, where such disclosure is necessary to provide you with our services or to manage our business;
with third parties who help manage our business and deliver services. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us. These may include IT service providers who help manage our IT and back office systems or our professional advisors;
with credit reference agencies and organisations working to prevent fraud in financial services;
with regulators or otherwise to comply with applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our partners, affiliates or advertisers; and
if, in the future, we sell or transfer some or all of our business or assets to a third party, we may disclose information to a potential or actual third party purchaser of our business or assets.
3. Explaining more about direct marketing and analytics In this section you can find out more about
how we use personal information to keep you up to date with our products and services
how you can manage your marketing preferences
when and how we undertake profiling and analytics
when and how we carry out automated decision making
How we use personal information to keep you up to date with our products and services We may use personal information to let you know about Instinct’s products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you. How you can manage your marketing preferences
To protect privacy rights and to ensure you have control over how we manage marketing with you:
we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;
you can ask us to stop direct marketing at any time - you can ask us to stop sending email marketing, by following the 'unsubscribe' link you will find on all the email marketing messages we send you. Alternatively you can contact us at [[email@example.com] / link]. Please specify whether you would like us to stop all forms of marketing or just a particular type (eg email); and
you can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser
We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences within your Instinct account.
When and how we undertake analytics
We use Google Analytics to improve:
how we provide our services
how our website operates and assists you; and
how we present data and information to you
4. Transferring personal information globally In this section you can find out more about:
how we operate as a global business and transfer data internationally
the arrangements we have in place to protect your personal information if we transfer it overseas
Instinct operates on a global basis. Accordingly, your personal information may be transferred and stored in countries outside the EU that are subject to different standards of data protection. Instinct will take appropriate steps ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. To this end:
we ensure transfers within the Instinct corporate group will be covered by an arrangement to ensure an adequate and consistent level of protection wherever it is transferred within the Instinct corporate group;
where we transfer your personal information outside the Instinct corporate group or to third parties who help provide our products and services, we obtain contractual commitments to ensure an adequate level of protection for your personal information; or
where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal information is disclosed.
You have a right to contact us at [[firstname.lastname@example.org] / link] for more information about the safeguards we have put in place to ensure the adequate protection of your personal information when this is transferred as mentioned above.
5. How we protect and store your information Security We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information appropriate to the nature of the information concerned. Measures we take include placing confidentiality requirements on our staff members and service providers and destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected. As the security of information depends in part on the security of the computer you use to communicate with us please take appropriate measures to protect this information. Storing your personal information We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this notice. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting requirements. In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
6. Legal rights available to help manage your privacy Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information:
To access personal information
To rectify / erase personal information
To restrict the processing of your personal information
To transfer your personal information
To object to the processing of personal information
To object to how we use your personal information for direct marketing purposes
To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
To lodge a complaint with your local supervisory authority
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us at [[email@example.com] / link]. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Right to access personal information You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred. Right to rectify or erase personal information You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it. You can also request that we erase your personal information in limited circumstances where:
it is no longer needed for the purposes for which it was collected; or
you have withdrawn your consent (where the data processing was based on consent); or
following a successful right to object; or
it has been processed unlawfully; or
to comply with a legal obligation to which Instinct is subject
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
for compliance with a legal obligation; or
for the establishment, exercise or defence of legal claims;
Right to restrict the processing of your personal information
You can ask us to restrict your personal information, but only where:
its accuracy is contested, to allow us to verify its accuracy; or
the processing is unlawful, but you do not want it erased; or
it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
you have exercised the right to object, and verification of overriding grounds is pending
We can continue to use your personal information following a request for restriction, where:
we have your consent; or
to establish, exercise or defend legal claims; or
to protect the rights of another natural or legal person.
Right to transfer your personal information
You can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
the processing is based on your consent or on the performance of a contract with you; an
the processing is carried out by automated means
Right to object to the processing of your personal information You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms
Right to object to how we use your personal information for direct marketing purposes You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union. We may redact data transfer agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority
You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
7. Contact us The primary point of contact for all issues arising from this privacy notice, is our Data Protection Officer. The Data Protection Officer can be contacted in the following ways:
Telephone: 020 7289 4888
Postal address: 20 Little Britain, London EC1A 7DH, United Kingdom
If you have any questions, concerns or complaints regarding our compliance with this notice and data protection laws, or if you wish to exercise your rights, we encourage you to first contact our Data Protection Officer or us. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.
To contact your data protection supervisory authority
You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before referring the matter to your local supervisory authority.