Purpose of this Global Privacy Notice
This Global Privacy Notice aims to give you information on how CriticalArc collects and processes your personal data through your use of this website and in the provision of our services, including any data you may provide through this website when you ask us to contact you or purchase a product or service, in accordance with the General Data Protection Regulation (GDPR).
For the purposes of the legislation CriticalArc is a “data processor” (collectively referred to as “CriticalArc”, “we”, “us” or “our” in this privacy notice). This means that we are not responsible for deciding how we hold and use personal information about you. The “data controller” is our customer who purchases a licence to use our products. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This Global Privacy Notice applies to our SafeZone Command, SafeZone OmniGuard, SafeZone App and SafeTrans Services (collectively referred to as our “Services”) and https://www.criticalarc.com (our “Website”).
Our products, Services and Website are not intended for children and we do not knowingly collect data relating to children.
This Global Privacy Notice applies to all users of our Services, users of our Website, clients, suppliers and third parties that we may instruct from time to time to carry out the services on our behalf.
It is important that you read this Global Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Global Privacy Notice supplements the other notices and is not intended to override them.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) the UK supervisory authority for data protection issues (www.ico.org.uk) or country-specific equivalent body. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
You can do this by emailing Jahmai Lay, Data Protection Manager, firstname.lastname@example.org. You can also write to us at any of our offices:
Asia/Pacific – Head Quarters
Address: Suite 2, Level 1, 33-35 Belmont Street, Sutherland, NSW 2232, Australia
Telephone: +61 1300 13 53 40
Europe, Middle East and Africa
Address: 26 Kings Hill Avenue, Kings Hill, West Malling, ME19 4UA, United Kingdom
Telephone: +44 (0) 800 368 9876
Address: 200 Union Boulevard, Suite 200 Lakewood, Denver CO 80228, USA
Telephone: +1 800 985 9402
To make sure your personal information is secure, we communicate our Global Privacy Notice and security guidelines to our employees as part of ongoing training and strictly enforce privacy safeguards within our organisation.
Changes to the Global Privacy Notice and your duty to inform us of changes
This version was last updated in May 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our Website 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.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
The personal data that we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, title and photograph. We collect this information in order to verify your identity and provide you with the responder services.
- Contact Data includes billing address, home address, insured address, email address and telephone numbers. We collect this information in order to provide you with access to certain features of our services and to inform you about relevant information concerning your use of our services.
- Preferences: Your preferences and settings such as time zone and language. We collect this information in order to enhance your user experience.
- Communications between you and our support staff regarding the services. We collect this information in order to monitor the quality of our support staff, in order to support our users more effectively and your communications with us.
- Information from third parties: We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into our services or connect with or use with our services. This could include, without limitation, any information that you have made public through a given social media account of yours. We collect this information in order to provide you with an easier and faster access to our Services.
- Location Data: We may collect information about your location if you have instructed your mobile device or computer to send such information via the privacy settings on that mobile device or computer. We use the location data collected as a critical aspect of delivering our services. To provide location-based services on our products, we, our partners and our licensees may collect, use, and share precise location data, including the real-time geographic location of your CriticalArc computer or device. Where available, location-based services may use GPS, Bluetooth, IP address, crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Some location-based services that we offer, such as the notification feature, require your personal information for the feature to work.
- Technical Data includes internet protocol (IP) address, 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.
- Profile Data:
- When using our Website, this includes enquiries made by you, preferences, feedback and survey responses; and
- When using our Services, this includes SafeZone app, device data, check-in data, alert data, mass communications and two-way notifications.
- Usage Data includes information about how you use our website, products and Services. This data is collected in order to analyse overall usage of the system and to improve our services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- In some circumstances, your organisation may request information to assist in providing the best response and improve Services. This may include special medical and/or accessibility information but we will not process any such information.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
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.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with your organization and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with your organization (for example, to allow response to you if you request assistance through the use of our services). In this case, we may have to cancel a product or Service you have with us or disallow the use of such Service, but we will notify you if this is the case at the time.
How we collect personal data from you
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity and Contact data by filling in forms or by opting-in having been invited to do so by your organisation when they purchase a service from us.
- Third parties or publicly available sources. When using our Website, we may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- navigation data such as Lucky Orange based outside the EU;
- Internet Protocol data such as LeadFeeder or LeadForensics.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally identifying information like Internet Protocol (IP) addresses. We may also collect statistics about the behavior of visitors to its website.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you and our Customer.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Where your organisation is our customer and is using our services, we ask you to consent to us processing your personal data, through our mobile application and by accepting our End User Licence Agreement.
We will ask you for consent as a legal basis for processing your personal data in relation to sending third party direct marketing communications to you via email or text message or when you have visited our Website. You have the right to withdraw consent to marketing at any time by contacting us.
Your organisation may also invite you to opt in to our services via email. When this happens, you will receive email updates and notifications from your organisation.
Some of the ways we may use your personal information is as follows:
- To identify, locate and communicate with you when you use our services, including raising an alert or checking-in.
- To verify identity, assist with identification of users, and to determine appropriate responder services when you use our services.
- To help us create, develop, operate, deliver, and improve our products, services, and content.
- From time to time, we may send important notices, such as communications about changes to terms, conditions, and policies. As this information is important to your interaction with us through your organisation, you may not opt out of receiving these communications.
- For internal purposes such as auditing, data analysis, and research to improve our products, services, and user communications.
We do not use your personal data or share your personal data with third parties for marketing purposes.
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your data with third parties, including third-party service providers and other entities in the group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
We may transfer your personal information outside the EU.
If we do, you can expect a similar degree of protection in respect of your personal information.
We may have to share your personal data with the parties set out below for the purposes set out above.
- Internal Third Parties as set out below.
- External Third Parties as set out below.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: email services, SMS services, push notification services and cloud infrastructure services for the purposes of providing our Service.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When might you share my personal information with other entities in the group?
We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
We are a global business. We may transfer the personal data we collect about you to recipients in countries other than your country, including the United Kingdom, United States, Australia and Bahrain, where our offices are located. These countries may not have the same data protection laws as the country you are in or in which you initially provided the information.
If you are located in the EEA, whenever we transfer your personal data out of the EEA, we will protect that data as described in this Global Privacy Notice and we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Your personal data will also be processed by staff operating outside the EEA who work for us or for one of our business partners, suppliers or sub-contractors. These staff may be engaged in the fulfilment of the services and the provision of support services. In the absence of an adequacy decision by the European Commission or of appropriate safeguards including binding corporate rules, such a transfer shall only take place where it is necessary for the provision of the service in accordance with the contract with our customers (your organisation). By submitting your personal data, you agree to this transfer, storing or processing.
Organisations who have opted to use the service (our customers) shall ensure that they are entitled to transfer any end user’s personal data to us and third parties so that we or the third party may lawfully use, process and transfer the personal data in accordance with this policy on the customer’s behalf. The customer shall also ensure that all end users have been informed of, and have given their consent to such use, processing and transfer as required by the applicable data protection legislation.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We may also transfer Personal data to countries for which adequacy decisions have been issued, use contractual protections for the transfer of Personal Information to third parties, such as the European Commission’s Standard Contractual Clauses or their equivalent under applicable law, or rely on third parties’ certification to the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks where applicable.
We are registered with the ICO in the United Kingdom. We abide by the US Privacy Shield frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organisations in the European Economic Area and Switzerland. We also abide by the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules (CBPR) System. The APEC CBPR system provides a framework for organisations to ensure protection of personal information transferred among participating APEC economies.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
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.
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.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research, reporting or statistical purposes in which case we may use this information indefinitely without further notice to you.
Data is held in Criticalarc using different (multiple) secure servers.
Your rights in connection with personal information
Under certain circumstances, you have legal rights under data protection law in relation to the personal data that we hold about you. These rights are:
- To request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- To request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- To request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have 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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- To object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- To request the restriction of processing of your personal information. 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.
- To request the transfer of your personal information to another party. In this case, we can provide you, or a third party chosen by you, with your personal data in a machine-readable format. This right only applies o automated information which you initially provided consent for us to use or where we used the personal data to perform a contract with you.
- Right to withdraw consent Where we are relying on consent to process your personal data you have the right to withdraw this. 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.
If you wish to exercise any of your rights, set out above, please contact Jahmai Lay, Data Protection Manager, email@example.com in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Time limit to respond
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.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new Global Privacy Notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
- LAWFUL BASIS
- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Performance of Contract means 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.
- Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
- THIRD PARTIES
- External Third Parties Service providers acting as processors based in the UK, USA, Bahrain or Australia who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK, USA, Bahrain or Australia who provide consultancy, accounting, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators such as the Financial Conduct Authority and other local equivalent authorities acting as processors or joint controllers based in the United Kingdom, USA or Australia who require reporting of processing activities in certain circumstances.