Privacy Statement (GDPR)
1. Important information and who we are
1.2 This website is not intended for children and we do not knowingly collect data relating to children.
2.1 Under the Data Protection Acts you have a right to lodge a complaint with the Office of the Data Protection Commissioner if you have made a data access request and feel that we have not complied fully with the provisions of the Acts.
2.2 We would, however, appreciate the chance to deal with your concerns before you approach the DPC, so please contact us in the first instance.
3.2 This Privacy Statement will be the subject of change and the use of information that we gather shall be subject to the privacy notice in effect. It shall be your responsibility to check our Website frequently to see recent changes
4.1 The information provided on this website is not intended to be advice in any form and you should undertake your own research.
5.2 We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential as part of their contract with Element78 and adhere to the Data Protection Acts.
5.3 We may also release your personal data where compliance with legal requirements is a necessity. We also reserve the right to enforce our site policies in order to protect our rights and the rights of other individuals in a manner that is safe and compliant with the law.
6. The data we collect about you
6.1 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).
6.2 We may collect, use, store and transfer different kinds of personal data about you as follows:
Financial Data Transaction Data
Technical Data which includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.
6.3 We do not collect any Special Categories of Personal Data about you.
7. If you fail to provide personal data
7.1 Where we need to collect personal data by law, or under the terms of a contract we have with you, 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 you (for example, to provide you with goods or services).
7.2 In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
8. How is your personal data collected?
8.1 We use different methods to collect data from and about you including through:
Direct interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us feedback or contact us.
8.2 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.
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 obligation.
8.3 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
9. Purposes for which we will use your personal data
9.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
9.2 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
9.3 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
10 Promotional offers from us
10.1 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
10.2 You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
11. Opting out
11.1 You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
11.2 Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
12.1 Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
12.3 If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.
12.4 For more information on cookies, see our Cookies Statement.
13. Change of purpose
13.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
13.2 If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
14. Disclosures of your personal data
14.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
15. International transfers
15.1 We do not transfer your personal data outside the European Economic Area (EEA).
16. Data retention
How long will you use my personal data for?
16.1 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years after they cease being customers for tax purposes.
16.2 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
17. Sale of Business
17.2 You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.
18. Your legal rights
18.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.
18.2 These include: Request access to your personal data, Request correction of your personal data, Request erasure of your personal data, Object to processing of your personal data, Request restriction of processing your personal data, Request transfer of your personal data, Right to withdraw consent.
18.3 If you wish to exercise any of the rights set out above, please contact us.
19. Accessing your personal data
19.1 Under Section 3 of the Data Protection Acts you have a right to find out, free of charge, if Element78 holds personal information about you. You have the right to be given a description of the personal data and to be told the purpose(s) for holding your information. You must make this request in writing to Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose proof of identity and we will reply writing 21 days. One Quay
19.2 Under Section 4 of the Data Protection Acts you have a right to obtain a copy of any personal data that Element78 hold relating to you. You can request this information by writing to the Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose a cheque for €6.35, proof of identity and as much specific information in order to assist us to locate the data that you are interested in accessing and we will reply within 40 calendar days.
19.3 Under Section 6 of the Data Protection Acts you have a right to have your personal data corrected, if inaccurate, or erased. We will use reasonable efforts to correct or delete information about you on our files unless we have a legitimate reason for retaining the data. You must make this request in writing to Data Protection Manager, Element78, One Georges Quay Plaza, Dublin 2. Please enclose proof of identity and we will reply writing 40 days.
19.4 Under the Data Protection Acts you have a right to lodge a complaint with the Office of the Data Protection Commissioner if you have made a data access request and feel that we have not complied fully with the provisions of the Acts.
20.1 Neither Element78, its directors, employees, servants or agents, consultants or sub-contractors shall be liable in respects of any claims, liabilities, costs, demands, causes of action, damages, losses, expenses (including without limitation, reasonable legal fees and costs of proceedings) arising out of or in connection with your access to or use of the Website.
21. Governing law and jurisdiction
21.1 This Privacy Statement is governed by the laws of Ireland and is subject to the exclusive jurisdiction of the Irish courts.
22. Contacting Us
Data Protection Manager
One Georges Quay Plaza
23.1 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. 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.
23.2 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.
23.3 Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.