Privacy Policy Copy

Phoebus Software Limited (“PSL”, “we”, “us” or “our”) owns and operates ‘https://www.phoebus.co.uk/’ (the “website”). This notice applies to prospective, existing and former users (together referred to as “you” or “your”) of our website and recipients of our online and email marketing (“digital marketing”) and of social networks that we also participate in. If you access other websites, include those linked to on our website or in our online or email marketing, you will need to consult the similar information and notices on those other sites about the acquisition and use of your personal information via those sites.

This notice tells you:

• what information PSL may collect about you via its website or digital marketing;
• what PSL uses your personal information for; and
• who (if anyone), PSL passes it onto and the purposes for which those third parties use it.

PSL will only use your personal information in accordance with this notice together with any other privacy notice we may provide on specific occasions (the “Notices”), and in accordance with Data Protection Legislation (as defined below).

In this notice the terms “controller” and “processor” each have a special meaning that is set by Data Protection Legislation. Please note that “personal information” is a reference to “personal data” as defined under the Data Protection Legislation. Please also note that the term “special category data” has a special meaning as defined by the Data Protection Legislation. The meaning of each of these terms is briefly outlined later in this notice. Any reference “use” of personal information is synonymous with “processing” as defined under the Data Protection Legislation, and it embraces all use of the information from its creation or collection to its destruction.

The Data Protection Legislation is: (i) the Data Protection Act 2018 or any successor legislation, (ii) the General Data Protection Regulation ((EU) 2016/679) as applied under English law (“GDPR”), and (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 or any successor legislation.

This notice is intended to meet certain obligations that PSL has as a controller. It does not establish or evidence any obligations that will bind PSL. It does not constitute or contain any representation or warranty by PSL.

For the purposes of the Data Protection Legislation, PSL is the “controller” in relation to your personal information. This means that PSL is responsible for deciding how PSL hold and use personal information about you. PSL is required under Data Protection Legislation to provide you with the information contained in this notice. It is important that you read this notice, together with any other Privacy Notice that PSL may provide (the “Notices”), so that you are aware of how and why such information is collected and used.

Our main address is Lansdowne House, New Road, Solihull, B91 3DL. PSL is a private company limited by shares, and registered in England and Wales under company registration number 02441885.

We have appointed a Data Protection Representative who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, please contact our Data Protection Representative who can be contacted at dp@phoebussoftware.com.

Personal information is, broadly, any information relating to an identifiable living individual. It does not include information where the identity has been removed (“anonymous data”).

PSL may collect, store, generate and use the following categories of personal information about you via our website or digital marketing. Once PSL has collected the personal information, we may use it for any of the purposes described in this notice. This personal information may be held in electronic or paper format.

Personal information collected directly from you

We will obtain the following personal information about you if you provide it to us via our website or digital marketing (i.e. if you submit information via our website, or respond to our digital marketing):

• your name;
• your title;
• your contact details (postal address, email address, contact telephone numbers);
• your employer and their address;
• the contents of any enquiry or other form submitted by you; and
• your preferences in terms of what (if any) marketing you would like to receive from us and our third parties, and your communication preferences.

Personal information collected automatically by our website

• We will obtain the following personal information about you as part of the normal operation of our website and the computers that it runs on:
• the Internet Protocol (IP) address of the device, computer or network by which you connect to the internet;
• the date and time of requests made by your device, computer or network to our website and/or computers that it runs on;
• the type of web browser that you are using, and information that is available from the browser (such as certain properties and settings of the device that you are using, including the screen size);
• information about your location (if provided by your device);
• duration of your visit to our website;
• a record of the pages you have visited;
• a record of how you interact with parts of our website or our digital marketing that are programmed to record your interactions (such as advertisements or other interactive features);
• any other data sent by your device to our website or the computers that it runs on, or our service providers who operate any part of the infrastructure used by our website or digital marketing services.

When we collect and store this personal information, except for payment transactions it is collected as part of logs which do not identify you. We are, however, generally able to link logs with identifiable individuals, and we reserve the right to do so for the purposes described in this notice.

Personal information collected automatically by our digital marketing

We will obtain the following personal information about you as part of the normal operation of our online advertisements and marketing emails:

• if you interact with our digital marketing in ways that link you to our website, we will automatically collect the personal information in relation to your visit to our website (as above);
• if you interact with our digital marketing in ways that link you to our social network profiles or accounts, we will be able to acquire personal information about you from the provider of the social network (as above);
• if you follow us or interact with our social network profiles or accounts (e.g. by messaging us or downloading content) we will acquire your social network identity and the contents of your messages;

When you visit or interact with our website, digital marketing and social network profiles and accounts, it is likely it is that your social network provider, and our online advertisers, will present our online advertisements to you. The more you interact with our digital marketing, the more personal information about you is obtained by us and the social networks and advertisers that we use. This is because PSL shares information about your visits with certain social network providers and online advertisers (see below for details of our data sharing), so that advertisements can be selected for you.

Third party sources of profiling information

Our website uses cookies and our direct marketing uses cookies or web beacons. These are ways of capturing and recording your interactions with our website and digital marketing. The providers of social networks that you use, and of advertisements that you interact with, will use similar technology to obtain personal information about you. The social network providers and advertisers that we use make available to us some of the personal information that they acquire. This helps us (and those service providers) to build a profile about your activities on the internet.

See below for details of how we use the “profile” personal information that we acquire about you. See the Cookie Notice on our website for more information.

Other mutual points of contact

We receive personal information about you from the following third parties who provide services to us:

• any digital marketing agency that we use, which may manage our website and/or digital marketing and/or social network profiles or accounts, and may provide us with additional insights about you by analysing the personal information about you that is available to us.

Aggregation of information

Whilst we collect personal information about you via our website and (as described above) via digital marketing and social networking, you may interact with us via other channels of communication and activity, such as telephone or attending events that we run. Where that is the case, we may obtain and record your personal information via those other channels, and combine that information with what we have obtained via online channels.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

We ask you always to provide information that is true, not misleading, and up-to-date. Subject to that, if you want us to use less personal information, you can choose to make less available to us than we request, except in scenarios where we cannot fulfil your request without certain minimum information.

As a minimum, if you use our website or interact with our digital marketing, we will need the information that we describe above which is collected automatically.

To enable us to deal with any enquiry that you make via our website, social network that you and we both use, or your other chosen form of digital communication, as a minimum we need the following personal information from you:

• For general enquiries: Your first name, last name, a postal address (for invoicing, where applicable), and an email address that we can use to respond to you. Normally we will contact you by email.
• For training and support enquiries: Your first name, your last name, an email address and the details of the course or event that you wish to book (event name, venue, date and time) or, as applicable details of the IT technical scenario in relation to which you require our support. Normally we will contact you by email.

When you provide personal information voluntarily via our website, some fields will be identified as being mandatory. We will be unable to deal with your general, training or support enquiry, unless you complete the mandatory fields with true and accurate information.

You can allow or prevent automated collection of your personal information where it relies on cookies or information that you can set your device to withhold (such as your location). You may need to consult user instructions provided by the manufacturer of your device, or the provider of your browser or online services. Your device settings will determine whether or not your device shares your location or allows apps to stores data on the device. Your browser settings will determine whether or not your browser allows websites to write and read cookies. If you disable cookies, that will prevent both us and our digital service providers from acquiring (and subsequently sharing, e.g. via cookies) personal information about you as described above. To learn more about cookies, please see the Cookie Notice on our website.

You can also always choose not to respond to (or interact with) our digital marketing, and digital marketing from our digital service providers. You also have rights to stop our direct marketing to you: see below.

Withholding your personal information from us may impact on how we contact you. For example, if we only have your email address, we can only contact you by email. If you choose to withhold personal information when you request a service from us we may not be able to fulfil your request, and if we have a contract with you or the organisation that employs or retains you, we may be unable to perform our contract to some extent.

If you ask us to erase your personal information, we may be unable to comply with your previous instructions to us about your personal information. For example, if you have asked us not to email you and we erase records of your instruction, you may receive emails from us if we subsequently lawfully acquire your email address. If this happens, you will need to contact us again if you want us to stop contacting you.

PSL will collect personal information from you via our website, digital marketing or social networks that you and we both use, because you (or someone who you trust, and who you have authorised us to deal with, such as a member of your family or the organisation that employs or retains you) provide it to us.

We will receive personal information about you from the following third parties:

• Google, via the Google Analytics service.
• Our digital media and marketing service provider, which is currently bClear Communications Limited.
• Salesforce.com, Inc, when you log training and support enquiries or a general enquiry.
• Social network providers. Currently we use Facebook, Twitter and Linked In. We use the advertising and analytics services provided by these social networks. The advertising service means that our advertisements may be presented to you when you log into the social network. The analytics service means we will receive demographic information about you if you receive, visit or interact with our advertisements or content in the social network, “like” us (or our content published in the social network) or follow us on the social network. We will also receive any messages, including private messages that you submit to us via these social networks. Demographic information consists of age, gender and approximate geographical location of members of groups that you participate in, and our followers.

For as long as we have access to your personal information, we will use it for any or all of the following purposes (and compatible purposes), unless otherwise required as a result of you exercising your rights under Data Protection Legislation.

To provide you with events, courses or training that you have booked with us in accordance with our contract with you, or to take steps (at your request) before forming the contract.

Use is necessary for us to take steps prior to entering into a contract with you or to perform the contract with you.

To respond to requests or enquiries that you make to us online (including to provide you with information that you request from us) or to contact you about your request or enquiry.

Use is in our legitimate interest in responding to your requests and enquiries.

To write cookies onto the device that you use to access our website.
Use will be based on your explicit consent given via our website.

See the Cookie Notice on our website for details of the cookies used on our website, their functions, and what personal information we collect using them.

To read cookies from the device that you use to access our website.

Use will be based on your explicit consent given via our website.
See the Cookie Notice on our website for details of the cookies used on our website, their functions, and what personal information we collect using them.

To prepare, and send you unsolicited direct marketing (unless you ask us to stop), consisting of online advertising directed to you via our online advertising service providers or social networks that we use.

Use is in our legitimate interests in understanding our existing and prospective customers (and their employees and other staff and supply chains) by [building profiles about them, and thereby develop our products and services, develop our digital marketing, and grow our business].

To build a profile using personal information about you that we acquire via our website, our digital marketing, and via our selected social networks and digital marketing service providers.

Use is in our legitimate interest in understanding our customers (and their employees and other staff) and what they require from our products and services, and in conducting focused and effective marketing and advertising to grow our business.

You can stop profiling by us and social networks and our other service providers by managing your device and browser settings, rejecting cookies on our website (when asked on the website) and third party websites, choosing not to receive direct marketing from us and our service providers, and not interacting with such marketing and advertisements.

To give us information about how you use our website(s) and how you interact with our digital marketing and our profiles and accounts on social networks, so we and our service providers can revise the website(s), our digital marketing, and use of social networks.

Use is in our legitimate interest in providing products services, events, choices, operations and websites that meet the requirements of our users, and in ensuring our website is an effective information, sales and communication tool.

For us to take legal or administrative action, including to collect debts, resolve disputes with you, and deal with regulators.

Use is in our legitimate interest in enforcing our contract with you (or the organisation that employs or retains you), in ensuring that our website and supporting infrastructure are used lawfully and in accordance with policies and terms and conditions imposed by us and our supply chains, in resolving any disputes with you or your organisation, in dealing with regulators and in us establishing, exercising or defending legal rights or claims.

Where we use special category data: use is for the purposes of us establishing, exercising or defending legal rights or claims.

If PSL is considering a corporate transaction such as changing its owners, merging or obtaining finance, in which cases (for example) your personal information may be provided confidentially to the potential new owner(s), merger candidate(s) or sources of finance as part of their due diligence on PSL.

Use is in our legitimate interest in evaluating, preparing for or undergoing a change of ownership, merger, acquisition of finance or other corporate transaction.

Sometimes, you might provide us with another person’s personal information – e.g. when you are booking a colleague on one of our events, or requesting IT technical support in relation to our software on behalf of one of your colleagues. In such cases, we require you to inform the individual what personal information of theirs you are giving to us. You must also give them our contact details and let them know that they should contact us if they have any queries about how we will use their personal information.

PSL will only retain your personal information for as long as is necessary to fulfil the purposes PSL collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

In determining the appropriate period for the retention of your personal information, PSL consider the amount, nature and sensitivity of that data, the purposes for which PSL process your personal information and whether PSL can achieve these purposes by other means, as well as the applicable legal requirements. PSL will ensure that the period for which the personal information are stored is limited to a strict minimum.

Types of personal information retained:

Information about events/courses/training
Period of retention: 12 months

Content of enquires
Period of retention: Stored in our sales and CMR system. For further information regarding their period of retention please see their Privacy Notice at https://www.salesforce.com/uk/company/privacy/

Cookies
Period of retention: Please see the Cookie Notice on our website for details.

Marketing communication information
Period of retention: 12 months

Website usage information
Period of retention: Stored by Google Analytics. For further information regarding their period of retention please see their Privacy Notice at https://marketingplatform.google.com/about/analytics/terms/us/

Information for legal action
Period of retention: Retained until the limitation period expires or until the claim settles or is discontinued

For as long as we have access to your personal information, we may share any of it with any of the following to the extent that they need to have access to your personal information in order to perform their role.

Third parties listed under the heading “Our service providers” are our processors, who use your personal information for our purposes and on our instruction (although there are circumstances where each of them can lawfully become a controller of your personal information).

Other third parties who are listed in this section are controllers, who decide the purposes for which they use your personal information. This notice explains why we share your personal information with those third parties. You must refer to the similar notices that they provide to understand all their intended uses of your personal information.

Our service providers

• Any employee with our organisation.
• Our staff who are appointed as consultants, agency staff, contractors or on any other basis other than as employees.
• Other suppliers and service providers appointed by PSL. Those who are relevant to this notice are:
  • Website: the service providers that we use to host our website, to provide connectivity to our office premises, and to direct visitors to our website using our domain names.
  • Non-marketing email: our email software provider (currently Microsoft) and our connectivity provider.
  • Digital marketing services: our digital marketing agency (currently bClear Communications Limited).
  • Sales and CRM: our sales and CRM software/ SaaS provider (currently Salesforce).
• External IT providers who provide support to us to manage the computers, phones, systems software or other hardware that we use your personal information on.

Third parties who use personal information for their own purposes

• Our online and digital advertising service providers (currently Google) and our social network providers mentioned below.
• Providers of website analytics services (currently Google Analytics), which we use to acquire demographics and other statistical information about visitors to our website. Currently we use Google Analytics. For information about Google’s purposes for using your personal information, please see its Privacy Notice at [https://marketingplatform.google.com/about/analytics/terms/us/].
• Providers of social networks that we participate in (currently Facebook, Twitter, Linked In). For information about Facebook’s purposes for using your personal information see its Privacy Notice at [https://en-gb.facebook.com/full_data_use_policy]. For information about Twitter’s purposes for using your personal information see its Privacy Notice at [https://twitter.com/en/privacy]. For information about Linked In’s purposes for using your personal information see its Privacy Notice at [https://www.linkedin.com/legal/privacy-policy].
• Our regulated service providers, such as banks, payment service providers, other financial services providers, auditors, professional advisers, accountants and insurance brokers. (Although they each provide services for us, their regulatory compliance, monitoring and reporting responsibilities mean they must each act as a controller in relation to your personal information.)
• Your and our insurers for the purposes of us taking out or renewing insurance, notifying the insurers, and dealing with actual or potential claims.
• Public bodies, including planning authorities, local authorities, courts and tribunals.
• Law enforcers, including local authorities, the Police, the National Crime Agency, and international law enforcers.
• Any third party who is considering entering into a corporate transaction with or in relation to PSL (and the third party’s advisers and sources of finance).

We reserve the right to disclose your personal information to other third parties if we have lawful grounds to do so, or are under a legal obligation or permission to disclose or share it with them, or in order to establish, exercise or defend our legal rights or to protect the rights, property, or safety of PSL or our personnel or supply chain participants (or their personnel).

Our paper records and IT systems on which PSL store your personal information and special category data are all within the UK.

Some third parties that we work with, or that provide goods or services to us, are based outside the UK so their processing of your personal information will involve a transfer of information outside the UK. Here are our current overseas third parties and the measures we use to safeguard your personal information that is transferred to them:

• Google Analytics which provides website analytics services as described above, is based in the US. Safeguard. They are currently part of the EU-US Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the US.
• Salesforce.com, Inc, which provides our sales and CRM software, is based in the US. Safeguard. They are currently part of the EU-US Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the UK.

Under the Data Protection Legislation and in certain circumstances, you have the right to:

• Request Access: to personal information that PSL hold about you. This is commonly referred to as a “subject access request”. This enables you to receive a copy of the personal information PSL hold about you and to check PSL are lawfully processing it.
• Request Rectification: of your personal information if you become aware of any inaccuracies in your personal information which PSL use.
• Request Erasure: of your personal information where (a) there is no good reason for us continuing to use your personal information as described in our Notices, (b) PSL rely on your consent and you have withdrawn it, (c) you have the right to ask us to delete or remove your personal information where you have exercised your right to object to our use of it (see below) and no exception permits us to keep using it, (d) it is established that PSL did not have a lawful right to use your personal information, or (e) the law requires us to erase your personal information.
• Object: to our use of your personal information, where PSL rely 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 the use of your personal information. The right may apply if there is no exception which applies to permit us to keep using it.
• Stop: us carrying our profiling for our direct marketing purposes, or stop us sending direct marketing to you.
• Restriction of our use: of your personal information. This enables you to ask us to suspend our use of your personal information, for example if you want us to establish its accuracy or the reason for us using it, or you consider PSL no longer need to use your personal information for the purposes for which it was collected or used (but you want it to be preserved). You may also ask us to restrict use if you exercise your right to object to our use of your personal information and no exception applies to permit us to keep using it.
• Withdraw your consent: if we rely on your consent as our legal basis for PSL using your personal information.
• Complain to the ICO: the Information Commissioner’s Office is the personal information regulator in the UK. See www.ico.org.uk for details.

If you want to exercise any of your rights, please contact the relevant GDPR contact as detailed at the start of this Privacy Notice.

Under the Data Protection Legislation and in certain circumstances, you have the right to:

• Request Access: to personal information that PSL hold about you. This is commonly referred to as a “subject access request”. This enables you to receive a copy of the personal information PSL hold about you and to check PSL are lawfully processing it.
• Request Rectification: of your personal information if you become aware of any inaccuracies in your personal information which PSL use.
• Request Erasure: of your personal information where (a) there is no good reason for us continuing to use your personal information as described in our Notices, (b) PSL rely on your consent and you have withdrawn it, (c) you have the right to ask us to delete or remove your personal information where you have exercised your right to object to our use of it (see below) and no exception permits us to keep using it, (d) it is established that PSL did not have a lawful right to use your personal information, or (e) the law requires us to erase your personal information.
• Object: to our use of your personal information, where PSL rely 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 the use of your personal information. The right may apply if there is no exception which applies to permit us to keep using it.
• Stop: us carrying our profiling for our direct marketing purposes, or stop us sending direct marketing to you.
• Restriction of our use: of your personal information. This enables you to ask us to suspend our use of your personal information, for example if you want us to establish its accuracy or the reason for us using it, or you consider PSL no longer need to use your personal information for the purposes for which it was collected or used (but you want it to be preserved). You may also ask us to restrict use if you exercise your right to object to our use of your personal information and no exception applies to permit us to keep using it.
• Withdraw your consent: if we rely on your consent as our legal basis for PSL using your personal information.
• Complain to the ICO: the Information Commissioner’s Office is the personal information regulator in the UK. See www.ico.org.uk for details.

If you want to exercise any of your rights, please contact the relevant GDPR contact as detailed at the start of this Privacy Notice.