1. Introduction
Purpose of the Policy: When someone visits benjaminkyle.co.uk our  web hosting company IONIS uses analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not allow IONIS to make any attempt to find out the identities of those visiting our website.

As part of the “contact us” process, we collect personal information: your name, email, and message. We use that information to contact you about your enquiry We do not rent or trade email lists with other organisations and businesses.

Our Database has been compiled over many years mainly comprising of people we have worked with or have had contact via email or telephone.

Who You Are: Name, business identity, and contact details of your organisation.
Benjamin Kyle is a limited company based in Nantwich Cheshire, and is registered in England and Wales  (company number 15787582)

Contact Information: For queries related to privacy, our data protection officer’s contact details are: Managing Director Kyle McCarthy at info@benjaminkyle.co.uk.

2. What Data You Collect
Personal Data: We collect name, email address, and messages

Non-Personal Data:  We collect. analytics, device information, operating system.

3. How You Collect Data
Directly: Information is collected from user form on the “contact us” page

4. Why You Collect Data (Purpose of Processing)
Service Provision: For delivering services requested by the user.
Legal Compliance: To meet legal obligations.

5. Lawful Basis for Processing
Consent: Consent is obtained by agreeing to the terms on the “contact us” page

6. How You Use the Data

We may process data about your use of our website (“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 sources of the usage data are IONIS  Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this is our legitimate interests, namely monitoring and improving our website and services.

 We 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

We 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 offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent OR processing is our legitimate interests, namely the proper administration of our business.

We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our customer relationships.

We may process information relating to transactions, including purchases of goods and services, that you enter into with us (“transaction data”).The transaction data may include your contact details, your card details, your bank details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our business.

We 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.

We 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.

We 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.

In addition to the specific purposes for which we may process your personal data set out in this Section 3, 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.

Please do not supply any other person’s personal data to us, unless we prompt you to do so.

7. External Sharing:

We 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.

We may disclose your name, email address, telephone number, address and requirements to our suppliers or subcontractors insofar as reasonably necessary for fulfilling our service contract with you.

We may disclose your enquiry data to one or more of selected third party suppliers or subcontractors for the purpose of enabling them to offer a service or carry out the requirements of our contract with you. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

In addition to the specific disclosures of personal data set out in this Section, 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.

8. International Data Transfers:

In this Section , we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA)].

The hosting facilities for our website are situated in Europe and the USA. The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection_en        

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9 How You Store and Protect Data

This Section  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.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your personal data as follows:
(a)   Your personal data will be retained for a minimum period of 1 year following and reviewed annually in accordance within our legitimate business interests.

In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a)   the period of retention of personal data category will be determined based on our legitimate interests, namely the proper management of our customer relationships.

Notwithstanding the other provisions of this Section , 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.

10. Cookies and Tracking Technologies

Technically required cookies

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Analytic cookies

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Managing cookies

Most 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)   https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)   https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)   https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)   https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

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

11. User Rights

In this Section, 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.

Your 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.

You 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. Please Email your questions or request to our Managing Director Kyle McCarthy at info@kylemccarthy.net

You 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.

In 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.

In 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.

You 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.

You 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.

You 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.

To 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.

If 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.

To 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.

You may exercise any of your rights in relation to your personal data [by written notice to us

12 Data Breach Notification Policy

We take the protection of your personal information very seriously. In the unfortunate event of a data breach, where your personal information may have been compromised, we are committed to promptly notifying affected individuals and regulatory authorities as required by applicable laws. This policy outlines our procedures and obligations in the event of such an occurrence.

1. Definition of a Data Breach
A data breach is any unauthorized access, disclosure, alteration, or destruction of personal information that is stored, transmitted, or otherwise processed by us. This may include but is not limited to cyberattacks, system failures, or accidental disclosures of information.

2. Notification Procedures
In the event of a data breach, we will take the following steps:
Assessment of the Breach: Upon becoming aware of a potential data breach, we will immediately investigate and assess the scope and severity of the breach to understand its impact on personal information.

Notification to Affected Individuals: If your personal data is affected by the breach, we will notify you as soon as possible. Notifications will be provided via email, or by other direct communication methods, depending on your provided contact details. This notification will include:
A description of the breach, including the date it occurred and the types of data affected.
The potential risks and consequences to your personal information.
Measures we have taken or will take to address the breach and mitigate its effects.
Steps you can take to protect your information.
Contact information for further inquiries or assistance.
Notification to Authorities: Where required by law, we will notify the appropriate data protection authorities within the required time frames (e.g., within 72 hours in the case of the GDPR in the European Union).

Mitigation and Remedial Measures
Upon identifying a breach, we will take immediate steps to contain and rectify the situation. This may include:
Securing our systems to prevent further unauthorized access.
Cooperating with law enforcement or regulatory agencies to investigate the breach.
Implementing additional security measures to prevent future incidents.

Ongoing Communication
We will continue to update affected individuals on the status of the breach and any relevant developments. Any new information regarding the breach, potential risks, or additional steps required from affected individuals will be promptly communicated.

Your Rights and Responsibilities
You have the right to:
Be informed about any breaches that affect your personal data.
Seek assistance or further information regarding the breach by contacting our support or privacy team.

We also encourage you to take additional steps to protect your information, such as changing passwords or monitoring your financial accounts for suspicious activity.

Contact Information
If you have any questions regarding this Data Breach Notification Policy or if you suspect that your data has been compromised, please contact us immediately, our data protection officers contact details: Managing Director Kyle McCarthy. info@kylemccarthy.net

13 How to Make a Complaint
Our data protection officers contact details: Managing Director Kyle McCarthy. info@kylemccarthy.net

ICO Details:

To contact the Information Commissioner's Office (ICO) about a complaint, you can: 

Call: The ICO's helpline at 0303 123 1113, Monday to Friday, 9 AM–5 PM, excluding bank holidays  
Live chat: Start a live chat with an ICO advisor 

Email: Complete the ICO's complaint form, attach any supporting documents, and email it to icocasework@ico.org.uk 

Textphone: Call 01625 545860

14 Changes to the Privacy Policy
Policy Updates: Benjamin Kyle reserves the right to change this Privacy Policy at any time, and such changes will be posted to the Benjamin Kyle website.

Date of Last Update: October, 2024

15 Contact Information

Our data protection officers contact details: Managing Director Kyle McCarthy. info@kylemccarthy.net