Excell Group Limited Privacy Statement
Last updated May, 2018
Purpose and Scope
This Excell Group Limited Privacy Statement (the “Privacy Statement”) explains how Exell Group Limited., and companies that we own or control (“Affiliates”) (collectively, “Excell Group”, “we”, or “us”) collect, use, store, process, disclose, and delete Personal Data (as defined in this Privacy Statement) you provide directly to us or that we receive from your authorised third parties including, without limitation, that you provide to us through any medium, including via computer, mobile device, website or other device (collectively, “Device”). This Privacy Statement also outlines your rights in respect to your Personal Data.
General Principles for the Processing of Personal Data
Personal Data will be collected, stored, processed and transmitted in accordance with Excell Group’s established policies and regulatory laws, rules and regulations.
The principles of Excell Group with respect to the processing of Personal Data are as follows:
- Personal Data will be processed fairly and lawfully,
- Personal Data will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes,
- Personal Data collected by Excell Group will be adequate, relevant, and not excessive in relation to the purposes for which it is collected,
- Personal Data collected by Excell Group will be accurate and, where necessary, kept up to date to the best of our ability,
- Personal Data will be protected against unauthorized access and processing using appropriate technical and organizational security measures and controls; and
- Personal Data collected by Excell Group will be retained as identifiable data for no longer than necessary to serve the purposes for which the Personal Data was collected.
If Excell Group engages in the processing of Personal Data for purposes other than those specified in this Privacy Statement, Excell Group will provide notice of these changes, the purposes for which the Personal Data will be used, and the recipients of Personal Data.
Collection of Information
Excell Group may collect Personal Data about you from a variety of sources, including, directly from you, from other Users, from resellers and distributors, from our vendors, from our service providers, from third party information providers, from our suppliers or partners, and through the operation of the Website.
“Personal Data” collected by Excell Group includes:
- your first and last name;
- billing or shipping address;
- credit card or payment information;
- email address;
- phone number;
- purchase information and history;
- your account number;
- CV or professional information; and
- a combination of your username and password used to access the Website.
Excell Group collects your Personal Data as follows:
Information You Provide Voluntarily
We may collect Personal Data directly from you when you voluntarily provide it to us. For example, when you communicate with us over the telephone or through the Website by way of email, online chat, web form, or online account registration to obtain access to Offerings, register for an event or training, purchase an Offering, ask questions, attempt to resolve any issues related to the Website or Offerings, submit a job application, or submit feedback and comments.
The Personal Data that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Data.
Information that We Collect Automatically
When you visit our Website, we may collect certain information automatically from your Device. In some countries, including countries in the European Economic Area, this information may be considered Personal Data under applicable data protection laws.
Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, your Media Access Control (MAC) Address, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked.
Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.
Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and Other Website Usage Information.”
From Other Users
We may receive Personal Data about you from other users of the Website when they provide information to us. For example, we may receive information when they communicate with you or with us through the Website.
From Resellers and Distributors
We may obtain Personal Data about you from the resellers and distributors that purchase Offerings available from us and provide such Offerings to you.
From Our Vendors
We may obtain Personal Data about you from the third party vendors that make Offerings available through us.
From Third Party Information Providers
Excell Group may also obtain Personal Data from third parties that have obtained or collected information about you and that have the right to provide that Personal Data to us. Excell Group will only obtain this Personal Data where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your Personal Data to us. For example, if you register for our Website using a third party service or through a third party website or service, the information you provide to that third party will be provided to us to establish your account on the Website. We may also contract with third parties that are in the business of providing information to businesses such as ours to verify certain information about you or obtain information. We may use the Personal Data about you we receive from a third party outside of the Website in accordance with the terms we establish with that third party. We may also obtain Personal Data from publicly-available sources such as open government databases or other data in the public domain.
Cookies and Other Website Usage Information
The Website may also monitor and collect information about how you access, use, and interact with the Website automatically through “cookies,” “flash cookies”, “web beacons,” and other automated tracking technology.
A “cookie” is a small text file that is stored on a user’s Device. Cookies allow us to collect information such as browser type, time spent on the Website, pages visited, and language preferences. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using our Website.
Use of Information
Excell Group uses Personal Data we collect to operate our business and provide you with Offerings, which includes using this data to improve our Offerings and personalise your experiences. We also may use the data to communicate with you, for example, informing you about your account and product information.
Excell Group may use your Personal Data for a variety of purposes (the “Purposes”), including to:
- Provide, maintain, and improve our Offerings, including to operate certain features and functionality of our Website
- Research and analyse the effectiveness of the marketing, advertising and sales efforts of Excell Group, its Affiliates, contractors, and business partners;
- Collect account receivables owed by customers of Excell Group;
- Develop additional Offerings;
- Process job applications;
- Comply with a legal obligation or respond to lawful requests by public authorities (including national security or law enforcement requirements);
- Manage our everyday business needs;
- Prosecute and/or defend a court, arbitration or similar legal proceedings;
- Communicate directly with you by sending you newsletters, promotions and special offers or information about new products and services on an ongoing basis in accordance with your marketing preferences. You can unsubscribe from our marketing communications by clicking “Unsubscribe” at the bottom of the email or by contacting us using the “Questions and Contact Information” details.
- Communicate directly with you by phone to respond to customer service inquiries or comments through the Website, social media or otherwise, to discuss issues relating to your account or the Website, and to provide customer support.
- Deliver advertising to you, including to help advertisers and publishers serve and manage ads on the Website or on third party sites, and to tailor ads based on your interests and browsing histories. Please see the section on Cookies and Other Website Usage Information for additional information related to such advertising and your related controls;
- Compile aggregated statistics about the operation and use of our Website and to better understand the preferences of the visitors of our Website; and
- Other Purposes: To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.
We may combine and enhance the Personal Data we collect about you with other information we receive from third parties.
We may also use the Personal Data we collect about you to generate anonymized, aggregated data. When we do so, we ensure that the anonymized, aggregated data is no longer personally identifiable and may not later be used to identify you. This will include, by way of example, storing the anonymized, aggregated data separately from any Personal Data.
We share your Personal Data with your consent or as necessary to complete any transaction or provide any Offering you have requested or authorized. We also share Personal Data with third party vendors, resellers and distributors, third party service providers, Affiliates and business units, when required by law or to respond to legal process, to protect our customers, to protect lives, to maintain the security of our Offerings, and to protect the rights or property of Excell Group.
We may disclose your Personal Data as follows:
Excell Group may share Personal Data about you with the third party vendors that make Offerings available through us. For example, we may share your Personal Data with a third party vendor if you purchase or access an Offering through us, or an Excell Group reseller or distributor, and that vendor requires verification of an Offering purchase in order to register that Offering.
Resellers and Distributors
Excell Group may share your Personal Data with the resellers and distributors that purchase Offerings available. For example, we may share your Personal Data if you purchase or access an Offering through a reseller or distributor, and that reseller or distributor leveraged our reseller tools and services.
Third Party Service Providers
Excell Group may provide your Personal Data to third parties that provide services to assist us with the Website and with achieving the Purposes. For example, these third parties may include providers of customer service, payment processing, email and messaging support, hosting, management, maintenance, information analysis, Offering fulfilment or delivery, or other services we may receive on an outsourced basis. We will endeavor to require that these third parties use your Personal Data only as necessary for such reasons and protect your Personal Data consistent with this Privacy Statement and applicable law. A list of third party service providers is available upon request.
Affiliates and Business Units
Excell Group may share your Personal Data with our Affiliates, regardless of whether these entities share the Excell Group brand. We may also share your Personal Data with other business units that also offer products or services under the Excell Group brand or one of our other brands. Our Affiliates and business units will use your Personal Data we share with them in a manner consistent with this Privacy Statement.
Other UsersExcell Group may share your Personal Data with other users when you elect to interact with those users (or request that we communicate with them on your behalf). This may include facilitating communications with other users or enabling posting of Personal Data to areas of our Website accessible by other users. You should be aware that any Personal Data (or other information) you provide in these areas may be read, collected, and used by others who access them.
Law Enforcement and Safety
Excell Group may share your Personal Data with any competent law enforcement, regulatory, government agency, court, other governmental officials, or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
Sale or Acquisition of Assets
If Excell Group transfers ownership or control of any portion of Excell Group to an actual or potential buyer, whether in the context of an acquisition, merger, reorganization, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), we may transfer your Personal Data to that actual or potential buyer, provided that the use of your Personal Data by that third party remains subject to applicable law.
We may share your Personal Data with any other person with your consent to the disclosure.
We may also share aggregated, anonymized data with third parties for other purposes. Such information does not identify you individually, but may include usage, viewing and technical information we collected. If we are required under applicable law to treat such information as Personal Data, then we will only disclose it as described above.
Other Important Privacy Information
Access additional privacy information you may find important.
Security of Personal Data
Excell Group uses appropriate technical and organisation controls and measures to secure and protect your Personal Data from unauthorised loss, misuse, and disclosure, such as strong user access controls, segmented network architecture, and comprehensive employee policies and training. Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while Excell Group attempts to protect all Personal Data, Excell Group cannot ensure or warrant that Personal Data will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Excell Group will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable foreign, federal, state, and local laws) stored by or for us, in accordance with applicable laws.
Legal Basis for Processing Personal Data (EEA Visitors Only)If you are a visitor from the European Economic Area, our legal basis for collecting and using the Personal Data information described above will depend on the Personal Data concerned and the specific context in which we collect it.
However, we will normally collect Personal Data from you only (i) where we need the Personal Data to perform a contract with you (such as to fulfill your purchase of an Offering), (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.
If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).
If we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our services and Offerings to you, and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests, and if appropriate, we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided under the “Questions and Contact Information” heading.
It is your responsibility to provide Excell Group with accurate Personal Data. Except as otherwise set forth in this Privacy Statement, Excell Group shall only use Personal Data in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. To the extent necessary for these purposes, Excell Group shall take reasonable steps to ensure that Personal Data is accurate, complete, current and relevant to its intended use.
Retention PeriodWe retain Personal Data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with an Offering you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
All the Personal Data related to you and received and stored by Excell Group are erased after no more than 12 months after contracts end, save for any Personal Data in documents and files we must keep for a longer period under applicable laws. For example, we cannot erase personal data appearing on VAT invoices before we can delete the invoices from our systems.
Your Data Protection Rights
You have the following data protection rights:
- If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us using the contact details provided under the “Questions and Contact Information” heading.
- In addition, if you are a resident of the European Union, you can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us using the contact details provided under the “Questions and Contact Information” heading.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Questions and Contact Information”
- Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Unless we specifically request or invite it, we ask that you not send us, and you not disclose, any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) to us. In those cases where we may request or invite you to provide sensitive personal data, we will do so with your express consent.
Third Party Websites
Excell Group will use a self-assessment approach to verify compliance with this Privacy Statement and periodically verify that the Privacy Statement is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.
If you believe that your Personal Data has been processed or disclosed in violation of this Privacy Statement, Excell Group encourages you to raise any concerns using the contact information provided in this Privacy Statement using the contact details provided under the “Questions and Contact Information” heading. Excell Group will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Data.
Excell Group may from time to time revise this Privacy Statement in its sole and absolute discretion to reflect changes in our business practices. If we revise this Privacy Statement, we will notify you by posting the updated Privacy Statement on our Website or by sending you a notification by email. Changes to the Privacy Statement will become effective and will apply to the information collected starting on the date Excell Group posts the revised Privacy Statement. If we are required by applicable data protection laws to seek your consent to any changes in use of your Personal Data described in our updated Privacy Statement, then we will do that.
Questions and Contact Information
If you have any questions or concerns about this Privacy Statement, the privacy practices of Excell Group, our collection or use of your Personal Data, or you wish to access your Personal Data, please contact our Data Protection Officer Catherine.firstname.lastname@example.org