Version 4.0 – Last Updated January 2022
–‘Law’(whether the word appears capitalised or not) means all applicable law, including (without limitation) the EU General Data Protection Regulation ((EU) 2016/679)(‘GDPR’), read in conjunction with, and subject to, any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s provisions, or from the date of its implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include (without limitation) the Data Protection Act 2018,UK GDPR,the European Union (Withdrawal) Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019.
–‘Our website’ means our web presence at www.gradwell.com (including any associated website, webpage, or sub-page).
1.4.Any reference to ‘data controller’, ‘data processor’, ‘data subject’, ‘personal data’ or ‘processing’ shall have the relevant meaning set out in the GDPR.
1.5.Our services comprise our VoIP telephony, internet connectivity, call recording and Microsoft Office services —each as described on our website (collectively ‘our services’).
The data we collect about you
2.2.We may collect, use, store and transfer different kinds of personal data about you as follows:
a) Identity Data includes first name, last name, phone number, title, date of birth and gender.
b) Contact Data includes postal address, email address and telephone numbers.
c) Financial Data includes bank account and payment card details.
d) Transaction Data includes details about payments you make to us and other details of services you have purchased from us.
e) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or use our services.
f) Profile Data includes your username and password, orders you’ve placed, your preferences, feedback and survey responses.
g)Marketing Data includes your preferences in receiving marketing from us and our third parties and details on how you would prefer to be contacted.
h) Communications Data includes call data records, voicemail, call recordings, email logs, mailboxes, faxes and web logs.
i) Usage Data includes information about how you use our website and services, the third party listed organisations you were looking for and those you contacted.
2.4.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.
2.5.Our website and our services are not intended for children and we do not knowingly collect data relating to children.
How is your personal data collected?
a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
i) Request our products and services (including completing order forms for our services);
ii) Create an account on our website;
iii) Request marketing to be sent to you;
iv) Enter a competition, promotion or survey;
v) Use our services;
vi) Contact us about queries concerning our services or any other matter;
vii) Give us feedback about our services;
viii) Use the social media functions of our website;
ix) Make a complaint.
c) Third parties or publicly available sources. We may receive personal data about you from external parties conducting their business activities, as well as the following Technical Data from the following parties:
i) Analytics providers, such as Google;
ii) Search information providers, such as Google and Bing;
iii) Credit reference agencies.
How we use your personal data
a) Where we need to perform a contract -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. Where we need it to deal with your query, feedback or complaint you send to us.
b)Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override these. This enables us to give you the best service/product and the best and most secure experience. 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).
c)Where we need to comply with a legal or regulatory obligation that we are subject to.
d) Where specific consent has been provided by the data subject.
e) In order to protect the vital interests of a person.
f) To perform a task in the public interest or exercise official authority. Further information can be found on the ICO website.
4.2.Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
4.3.We have set out in the table below, the lawful bases that may apply to collect and process your personal data
|Purpose/Activity||Type of data||Lawful basis for processing|
To provide our services and goods to you, register you as a new customer, monitor and bill for your
usage (in each case, whether directly or via one of our select partners)
|Performance of a contract with you|
|To provide support and respond to your queries, feedback or complaints||
|Performance of a contract with you|
|To provider operational and/or service communications||(a) Identity
|Performance of a contract with you|
|To provide data to Government bodies and/or comply with legal and regulatory obligations||
|(a) Necessary to comply with a legal obligation|
Marketing – Asking you to leave a review, take a survey, provide you with details about updates to our
services or recommendations that may be of interest to you
(a) Necessary for our legitimate interests (to improve our products/services)
(b) Where applicable, your
|Analytics – When you visit our website, submit online forms or participate in surveys or competitions||(a) Identity
(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop
them and grow our business)
(b) To the extent that non-essential cookies are required, your consent.
Changes and Correction to Data
4.4. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes or corrections are required during your relationship with us. We will update our records without undue delay.
4.5. We provide you with choices regarding the use of your personal data, particularly around marketing and advertising. If you decide to opt-out, we will not use your data for marketing purposes and only contact you with operational communications.
4.6. We use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this ‘marketing’).
4.7. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
4.8. We never share your personal data with another company for marketing purposes without your express consent.
4.9. You can opt-out of marketing messages at any time by selecting the ‘Unsubscribe’ links in the message or by contacting us.
Change of purpose
4.11. 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 where sound lawful justification applies. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.
4.12. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes and for reasons to improve our products and services, in which case we may use this information indefinitely without further notice to you.
4.13. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
a) Internal Third Parties
These are other companies within the same group as Gradwell (that is, having common shareholders and directors) acting as processors and who are based in the UK and provide and use shared IT and system administration services and undertake leadership reporting.
b) External Third Parties
i) Service providers providing IT, sales-support, service-delivery, marketing analysis and system administration services which we require or wish to use in connection with providing our services to you.
ii) The relevant select partner Gradwell has appointed (where you remain a customer of Gradwell as a result of the ongoing involvement of that select partner).
iii) Secure data centre providers whose services we use as part of providing our services.
iv) Credit reference agencies for the purpose of assessing your credit score.
v) Professional advisers acting as joint processors and controllers including lawyers, bankers, accountants, auditors and insurers based the UK who provide consultancy, banking, legal, insurance and accounting services.
vi) HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
vii) Relevant regulators in the UK including but not limited to Ofcom, the Phone-paid Services Authority and the Information Commissioner’s Office.
c) Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
5.2.We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers & EU Representation
6.1.Following the departure of the UK from the European Union, personal data transfers from the European Economic Area (EEA)to the UK will be affected. If you wish or are required to pass to Gradwell personal data belonging to your users, customers or employees as part of Gradwell providing services to you, until the EU Commission rules in favour of the UK an ‘adequacy decision’ for the purposes of chapter V of the GDPR, the parties will use their reasonable endeavours to promptly enter into an agreement comprised of the standard contractual clauses recognised by the EU as an ‘appropriate safeguard’ under article 46 of the GDPR
6.2. We engage third parties who are based outside the European Economic Area (‘EEA’) and their processing of your personal data will involve a transfer of data outside the EEA to assist us fulfil our contract with you. Such transfers are only undertaken where law permits, and the appropriate safeguards are applied to protect your data. This may be via:
a) a recognised Adequacy Agreement,
b) Standard Contractual Clauses, or
c) Binding Corporate Rulesapproved by the European Commission.
And will be on a case-by-case basis.
6.3. We have appointed IT Governance Europe Limited to act as our EU representative. If you wish to exercise your rights under the EU General Data Protection Regulation (EU GDPR), or have any queries in relation to your rights or general privacy matters, please email our Representative at email@example.com. Please ensure you include our company name in all correspondence you send to our Representative.
7.2.We have implemented procedures to manage suspected personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.
8.2. 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.
8.3. All of the communications services we offer require the retention of some of data (although not all of this will be personal data). Some aspects of this retention will be obvious —such as the content you upload to our cloud storage services and the website code you store using our website hosting services. Information of this type will be stored in connection with the service we provide to you for the length of your contract with us —unless you delete the data earlier. We retain the following types of data for the periods set out below:
|Data||Duration of retention|
Identity data, Contact data, Financial data, Communications data, Usage data, Transaction data,
Technical data, Profile data, Marketing data
For so long as you are a Gradwell customer and any payment for goods or services remains outstanding, or
where the data is reasonably required for our legitimate legal or regulatory purposes (which includes
accounting, taxation and auditing purposes), except that call records and other records of your use of
our Services (such as fax records) will be kept for [6 years] from the date of creation.
|Voicemail||30 days from creation|
|Call recordings||30 days from creation|
|Email and fax services|
associated with Office 365 email Services
|30 days from creation|
|Received faxes||For so long as you maintain a Gradwell customer account plus 3 months|
Your legal rights
a) 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.
b) 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.
c) Request erasure of your personal data. You may ask us to delete or remove personal data where there is no good reason for us continuing to process it and where law permits, if we are not required to retain for legal reasons that may override your rights, we shall facilitate. 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.
d) 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
e) 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.
f) 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.
g)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.
9.2.If you wish to exercise any of your rights as set out above, please contact us.
No fee usually required
9.3. You will not have to pay a fee to access your personal data or exercise your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances for which you will be notified in writing and reasons explained.
What we may need from you
9.4. 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 an unauthorised person. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
9.5.We try to respond to all legitimate 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.
Contact and Revisions
10.1.Gradwell Communications Limited
Ground Floor, Trimbridge House, Trim Street, Bath, BA1 1HB
Our website: www.gradwell.com
Email address: firstname.lastname@example.org
Contact number: 01225 800 888ICO
Registration number: Z7041930
10.2. If you have concerns about the lawful processing of your data, please contact ourData Processing Officer (DPO) Jo Walter, via the Governance team for assistance. If you remain unsatisfied, you have the right to complain at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection (www.ico.org.uk).