1.1 Absent Limited (“AL,” “Our” “Us” or “We” as the context may require) recognises that privacy is important when using the internet and/or the worldwide web for communications and other purposes. This policy explains how We collect, store, use and share Your Personal Data.
2.1 This Policy is issued by Us and is addressed to individuals outside Our company with whom We interact, including visitors to Our website [www.absentforyou.com] and users of Our App Absent (respectively the “Website,” “the App”) and other users of Our Services (collectively, “You,” “Your”). Other defined terms used in this Policy are explained in Clause 3 below.
2.2 For the purposes of this Policy, AL is the Controller for the purposes of the General Data Protection Regulation and the Data Protection Act 1988. Contact details for the Controller are provided in Clause 15 below.
2.3 This Policy may be amended or updated from time to time to reflect changes in Our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage You to read this Policy carefully, and to regularly check this page to review any changes We might make in accordance with the terms of this Policy.
3.1 “Controller” means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
3.2 “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
3.3 “Personal Data” means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that We may Process are provided in Clause 4 below.
3.4 “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3.5 “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
3.5 “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life and/or orientation, any actual or alleged criminal offences or penalties, national identification numbers, or any other information that may be deemed to be sensitive under the applicable law.
3.6 “Services” the services provided by AL as defined in the General Terms and Conditions.
4 Collection and Processing of Personal Data.
4.1 Collection of Personal Data: We may collect Personal Data about You, such as your name, address and contact details. Examples of sources from which We may collect Personal Data include the following:
4.1.1 We may obtain Your Personal Data when You provide it to Us (e.g., where You contact Us via email or telephone, or by any other means);
4.1.2 We may collect Your Personal Data in the ordinary course of Our relationship with You (e.g., in the course of administering your account with Us);
4.1.3 We may collect Personal Data that You manifestly or openly choose to make public, including via the Website and/or the App;
4.1.4 We may receive your Personal Data from third parties who provide it to Us (e.g., social media platforms via plugins);
4.2 We may also collect or obtain Personal Data when You visit the Website, or use any features or resources available on or through the Website and/or the App.
4.3 When You visit the Website and/or use the App, any device and browser will automatically disclose certain information, some of which may constitute Personal Data.
4.4 Categories of Personal Data: The categories of Personal Data about You that we may Process include but not be limited to:
4.4.1 Personal details: given name(s); preferred name; gender; date of birth / age; nationality; photograph; preferences; and account settings;
4.4.2 Contact details: telephone number; email address; and social media profile details;
4.4.3 Professional details: professional profile details; association memberships; qualifications and company insight data;
4.4.4 Device details: device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our Site and other technical communications information;
4.4.5 Payment details: billing address; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date;
4.4.6 Usage details: records of Your use of the Website and/or the App together with other services, including: registrations; details of content with which You interact; votes; questions; downloads; ratings; feedback; profile views; search queries; anonymous viewings; page views; player clickstream; chapters; and favourite moments;
4.4.7 Analysis data: keywords, communities, trends, content quality and content importance;
4.4.8 Views, opinions and interests: any comments, ratings, views or opinions that you choose to send to Us, post via our Website and/or the App, via a survey, or publicly post via social media platforms; your community interests and solution interests;
4.5 Creation of Personal Data: We may also create Personal Data about You, such as records of your interactions using the Website and/or the App, together with details of Your account history.
4.5 The lawful basis for Processing Your Personal Data. In Processing Your Personal Data in connection with the purposes set out in this Policy, We may rely on one or more of the following legal bases, depending on the circumstances:
4.5.1 We have obtained Your prior express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
4.5.2 the Processing is necessary in connection with any contract that You may enter into with Us;
4.5.3 the Processing is required by applicable law;
4.5.4 the Processing is necessary to protect the vital interests of any individual; or
4.5.5 We have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting Our business, and that legitimate interest is not overridden by Your interests, fundamental rights, or freedoms.
4.6 Processing your Sensitive Personal Data. We do not seek to collect or otherwise Process Your Sensitive Personal Data, except where:
4.6.1 the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
4.6.2 the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
4.6.3 the Processing is necessary for the establishment, exercise or defence of legal rights;
4.6.4 the Processing of Your Sensitive Personal Data is used for the purposes of the Website and or the App in the following manner only
4.6.5 We have, in accordance with applicable law, obtained your prior explicit consent prior to Processing Your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
4.7 For the avoidance of any doubt each and every time that You upload Sensitive Personal Data You will be asked for Your explicit consent for each upload made by You, however in the event that You do manage to upload any Sensitive Personal Data without giving Your explicit consent You hereby confirm that You will give such explicit consent on request.
4.8 Purposes for which we may Process your Personal Data: The purposes for which We may Process Personal Data, subject to applicable law, include:
4.8.1 the Website and/or the App: operating and managing the Website and/or the App; providing content to You and or others where you have explicitly consented; displaying advertising and other information to You; and communicating and interacting with You via the Website and/or the App;
4.8.2 the provision of services to You: providing the Website, the App and other services to You (including suggesting content that may be of interest to You, based on your past activity); communicating with You in relation to those services; recommending content that may be of interest to You; and recommending Your content to others;
4.8.3 marketing communications: communicating with You via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which You may be interested, subject to ensuring that such communications are provided to You in compliance with applicable law;
4.8.4 disclosing Personal Data to Our customers: in accordance with the provisions of this Policy and applicable law, We may disclose certain Personal Data to Our customers. With Your prior express consent, we may provide Your personal data to our customers for the purposes of enabling them to contact You with information that may be of interest to You;
4.8.5 communications and IT operations: management of Our communications systems; operation of IT security; and IT security audits;
4.8.6 health and safety: health and safety assessments and record keeping; and compliance with related legal obligations;
4.8.7 financial management: sales; finance; corporate audit; and vendor management;
4.8.8 Surveys: engaging with You for the purposes of obtaining Your views on the Website, the App and/or Our services; and
4.8.9 improving the Website, the App and Our services: identifying issues with the existing Website, the App and Our services; planning improvements to the existing Website, the App and Our services; creating a new Website, the App and Our services.
5. Use and Disclosure of Your Personal Data.
5.1 We may disclose Your Personal Data to other entities within the AL group, for legitimate business purposes (including providing services to You and operating the Website and/or the App), in accordance with applicable law. In addition, we may disclose Your Personal Data to:
5.1.1 Our customers, subject always to compliance with the terms of this Policy and the requirements of applicable law;
5.1.2 legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
5.1.3 accountants, auditors, lawyers and other outside professional advisors to Absent, subject to binding contractual obligations of confidentiality;
5.1.4 third party Processors (such as IT service providers; social media plugin providers; etc.), located anywhere in the world, subject to the requirements set out below in this Clause 6;
5.1.5 any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
5.1.6 any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
5.1.7 any relevant third party acquirer(s), in the event that We sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
5.1.8 the Website and/or the App may use third party plugins or content (e.g., social media plugins). If you choose to interact with any such plugins or content, Your Personal Data may be shared with the third party provider of the relevant social media platform.
5.2 If We engage a third-party Processor to Process Your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
6. Transfer of Personal Data to other countries.
6.1 Due to the international nature of our business, We may need to transfer Your Personal Data within the Absent group, and to third parties as noted in Clause 5 above, in connection with the purposes set out in this Policy. For this reason, We may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which You are located.
6.2 In the event that We transfer Your Personal Data to other countries, We do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Clause 15 below.
7. Security of Your Data.
7.1 We have implemented appropriate technical and organisational security measures designed to protect Your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
7.2 Prior to launching Our Services all of Our technical and organisational security measures and other processes by which We hold, process and other wise deal with Your Personal Data have been tested and approved by independent third parties under a Data Protection Impact Assessment.
7.3 You are responsible for the ensuring that any Personal Data that You send to Us is sent securely.
8. Accuracy of Data.
8.1 We take all reasonable steps to ensure that:
8.1.1 Your Personal Data that We Process is accurate and, where necessary, kept up to date; and
8.1.2 any of Your Personal Data that We Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
8.2 We may from time to time ask You to confirm the accuracy of Your Personal Data.
9. Minimalisation and Retention of Your Data Held by Us.
9.1 We take all reasonable steps to ensure that Your Personal Data that we Process is limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
9.2 The criteria for determining the duration for which we will keep your Personal data is as follows:
9.2.1 We will retain copies of Your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period; and
9.2.2 We may retain Your Personal Data or the duration of any period necessary to establish, exercise or defend any legal rights.
10 Your legal rights.
10.1 Subject to applicable law, You may have a number of rights regarding the Processing of Your Personal Data, including the following:
10.1.1 the right to request access to, or copies of, Your Personal Data that We Process or control;
10.1.2 the right to request rectification of any inaccuracies in Your Personal Data that We Process or control;
10.1.3 the right to request, on legitimate grounds:
a) erasure of Your Personal Data that we Process or control; or
b) restriction of Processing of Your Personal Data that We Process or control;
10.1.4 the right to object, on legitimate grounds, to the Processing of Your Personal Data by Us or on Our behalf;
10.1.5 the right to have Your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
10.1.6 where We Process Your Personal Data on the basis of Your consent, the right to withdraw that consent; and
10.1.7 the right to lodge complaints with a Data Protection Authority regarding the Processing of Your Personal Data by Us or on Our behalf.
10.2 For the avoidance of any doubt the content of Clause 10.1 does not affect Your statutory rights.
10.3 To exercise one or more of the Clause 10.1 rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of Your Personal Data, please use the contact details provided in Clause 15 below.
12. Minors – Under 18 Years of Age
12.1 Minors under the age of eighteen years old are not eligible to use the Website and/or the App. As such We therefore request that anyone under the age of 18 does not submit any Personal Data to Us, or use any of the services provided on, through or via the Website and/or the App.
13. Use of the Website and the App
14. Language and Translations.
15. Contact Us.
15.1 If you have any comments, questions or concerns about any of the information contained in this Policy, or any other issues relating to the Processing of Personal Data by AL, please contact: firstname.lastname@example.org