1. Our contact details
Name: Caldon Consulting Ltd
Trading names: EmailSmart, WeDeliver.Email, Deliverability Dashboard
Address: 19 High Street, Eccleshall, Stafford, England, ST21 6BW
E-mail: [email protected]
Web addresses: emailsmart.com, wedeliver.email, deliverabilitydashboard.com
App addresses: ddapp.email
Policy last updated: 20th August 2022
This Policy is intended to comply with the United Kingdom General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. It applies to all information collected through our websites, apps, third-party platforms and any related services, sales, marketing or events.
2. The type of personal information we collect
We currently collect and process the following information for which we are the data controller:
● Customer Data That includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details, as well as information we collect from your service platform in order to provide the products/services you have purchased.
● Communication Data That includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us.
● User Data That includes data about how you use our website and any online services together with any data that you post for publication on our website (e.g. comments) or through other online services.
● Technical Data That includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system, cookies, or from third parties such as Google or Facebook who provide analytics.
● Marketing Data That includes data about your preferences in receiving marketing from us and our third parties and your communication preferences.
We also receive information from you for which you remain the data controller, and for which we are a data processor. It is your responsibility to notify your data subjects that you are sharing their data with us. Our use of their data is strictly controlled by the UK GDPR.
● Customer Client Data That includes all the data you supply to us so that we can provide data processing services for you, such as emails that you send via the WeDeliver.Email service, and contact information from your CRM that we analyse to provide your EmailSmart Score, Email Health Check and to provide the Defender service.
3. How we get the personal information, why we have it and our legal grounds for processing it
Most of the personal information we process is provided to us directly by you:
● Customer Data We process this data to supply the services you have purchased and to keep records of such transactions. Our lawful ground 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.
● Communication Data We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
● User Data We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
● Marketing Data We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We also receive personal information indirectly, from the following sources in the following scenarios:
● Technical Data The source of this data is from:
i. Our analytics tracking systems installed on our platforms / websites.
iii. Third-Parties We may receive data from third parties including analytics providers (such as Google based outside the EU), advertising networks (such as Facebook based outside the EU), search information providers (such as Google based outside the EU), providers of technical, payment and delivery services, such as data brokers or aggregators.
● We process Technical Data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which are to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business). Where we are relying on your consent to process your data you can revoke that consent at any time.
We may receive personal information about your clients / customers, where you are the data controller and you are using us as your data processor:
● Customer Client Data We process this data under your direct instructions, and in accordance with UK GDPR. Data Processing is governed by our standard Terms and Conditions, in particular paragraphs 11, 12 and 14.
Under no circumstances would we ever use Customer Client Data for marketing purposes. This would be a breach of our agreement with you and an unlawful use of personal data.
4. When we may disclose or share your personal information
We believe that to trust another person with private and personal information is a significant matter. When you give us information in confidence, we will only use it for the purpose you share it, and will only share it with other people in the specific situations described below. We never sell or rent information to third parties.
We make use of the following third-party data processors:
● Cloud / internet hosting providers, including AWS, Digital Ocean, SSD Nodes
● Service providers who provide IT and system administration services, including Google Workspace, Asana, Xero, Keap, Zoom, Fathom, Teamwork Desk
● Service providers who provide consulting support, including ClickSmartDigital, Daily Cookie
● Professional advisers including lawyers, bankers, auditors and insurers
We require all third parties processing data for us to respect the security of personal data shared with them, and treat it in accordance with the law. Contracts are in place with all processors which protect the security of data and require them only to process personal data for specific purposes and in accordance with our instructions
We may also be required to share data with Government bodies that require us to report processing activities, e.g. HMRC or other regulators, including the ICO.
In the event of the sale, merger or transfer of all or part of the business, personal data will be shared with the relevant third party making the acquisition.
5. Marketing Communications
Our lawful grounds for processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). Where we are relying on your consent to process your data you can revoke that consent at any time.
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by clicking the ‘unsubscribe’ link at the bottom of emails OR by emailing us at [email protected] at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc
6. How we store your personal information
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required
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.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. Your Data Protection Righ
Under UK data protection law, you have rights including:
Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
Your right to withdraw consent – Where the lawful ground for processing your data is consent then you have the right to withdraw your consent, although if processing is lawful on an additional ground then processing may continue.
You are not required to pay any charge for exercising your rights unless your request is clearly unfounded, repetitive or excessive. 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 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.
Please contact us at [email protected] if you wish to make a request.
8. International Transfers
Our business activities are international and we may transfer your data outside the European Economic Area (EEA).
We are subject to the provisions of the UK GDPR that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
● We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
● If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
● Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
9. Third-Party Links
Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
11. How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at [email protected].
You can also complain to the ICO if you are unhappy with how we have used your data.
The ICO’s address:
Information Commissioner’s Office
Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk