Full details are set out in the relevant sections of this Notice below, but in summary:
we generally receive personal data relating to you directly from you. For example, we will receive that data if you are a registered user of the Site, if you contact us through the Site or otherwise, or if we do business with you;
personal data may occasionally be provided to us by third parties with whom each of you and us have a separate relationship. For example, if we do business with your employer then they might provide us with your contact details;
we use your data to provide our services to you, correspond with you, improve our Site, keep appropriate records and meet our legal obligations;
we only provide your personal data to third parties for our limited business purposes or as permitted by law. We don’t share your data with third party advertisers unless you have expressly consented to our doing so;
we store data for specified periods for our limited business purposes;
you have certain rights, prescribed by law, in relation to the processing of your data, such as rights to request access, rectification or deletion of your personal data;
you can contact us to enquire about any of the contents of this Notice.
The Site may incorporate privacy controls for registered users. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit some other uses of your information depending on the controls we have implemented from time to time.
1.1 In this section we have set out:
1.2 We may process data about your use of the Site (usage data). This may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use. This data is obtained through our analytics software and will usually be aggregated and anonymised in such a way that it contains no information relating to any identifiable individual at all. We process usage data for the purpose of improving our Site. You should see the section headed “Cookies” below for information about the cookies which we may use to collect usage data.
1.3 We may process your account data (account data), being the information provided to us when you register an account via the Site, whether as a Worker or Hirer. This may include your name, email address, password, phone number and other contact details, job title, gender, location, expertise, academic or employment history, date of birth and other personal information you may provide to us. We only obtain account data from you directly, and it may be processed for the purposes of operating our Site, providing our services, ensuring the security of our Site, maintaining back-ups of our databases and communicating with you, including providing you with occasional news about our services and operations, and third-party products or services which might interest you.
1.4 We may process information contained in or relating to any communication that you send to us, whether through messaging functions or contact forms on the Site, by email, through live chat functions, through social media, or otherwise. We may also process information contained in or relating to communications you send to other users of the Site using the messaging functions of the Site. All of this information together is correspondence data. This may include the communication content and metadata associated with the communication, as well as any contact details you provide to us such as your name, email address, phone number, job title, address or social media username. We process correspondence data for the purposes of communicating with you, monitoring communications through our Site, and record-keeping.
1.5 We may process information contained in any enquiry you submit to us indicating your interest in our services or business (enquiry data), such as the contents of your enquiry and any contact details you provide to us such as your name, email address, phone number, job title or address. We process enquiry data for the purposes of addressing your enquiry and providing you with occasional news about our services and operations, and third-party products which might interest you.
1.6 We may process information relating to transactions, such as bank account details, contact details or transaction data in relation to payments made by us to you or by you to us (transaction data). This may include your contact details, any bank account or sort code information provided for the purposes of making payment, and the transaction details (such as POs or invoices). The transaction data may be processed for the purpose of supplying or receiving and administering the relevant services and keeping proper records of those transactions, and for making and receiving payments. We do not collect or process credit or debit card details from users of our Site. These are collected and processed by our payment processing service provider, PayPal (Europe) S.a.r.l. et Cie, S.C.A. (PayPal). For more information about how PayPal processes your information, please see https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full.
1.7 Your personal data may be provided to us by someone other than you: for example, by your employer, by an organisation with whom you and we are both dealing or by someone who wishes to refer you to us or vice versa. Normally this data will be correspondence data, enquiry data or matter data as described above and will be processed by us for the purposes described above.
1.8 We may ourselves obtain personal data about you in conducting verification checks – for example, if you are a Worker then we may conduct certain checks to confirm your identity and qualifications, and may retain records of the results of those checks. We call this verification data.
1.9 If you use a third-party application like Facebook to log into your account on the Site then we may receive account data from the relevant third party.
Our legal basis of processing
1.10 We will process personal data only on lawful bases. In particular, we will process personal data on the following lawful bases identified in Article 6 GDPR:
i) account and correspondence data (as we have an interest in properly administering our business and communications);
ii) enquiry data (as we have an interest in developing our business with interested parties);
iii) transaction data (as we have an interest in making and receiving payments promptly and in recovering debts);
iv) verification data (as we have an interest in making sure that the Workers and Hirers we introduce to each other have been verified in order to ensure a positive user experience and avoid fraud);
v) any personal data identified in the other provisions of this Notice where necessary in connection with legal claims (as we have an interest in the protection and assertion of our legal rights, your legal rights and the legal rights of others); and
vi) any of the personal data identified in the other provisions of this Notice in connection with backups of any element of our IT systems or databases containing that personal data (as we have an interest in ensuring the resilience of our IT systems and the integrity and recoverability of our data).
1.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where necessary for compliance with law (Article 6(c) GDPR), or in order to protect your or someone else’s vital interests (Article 6(d) GDPR).
2.1 If you are a Worker then we may share your personal data with any Hirer with whom you have agreed to perform any Job, to the extent necessary to fulfil our obligations to that Hirer under our Terms and otherwise in connection with our role as operator of the Site. Likewise, if you are a Hirer then we may share your personal data (or that of your personnel) with Workers in connection with Jobs which you have listed in order to fulfil our obligations to those Workers under our Terms or in connection with our role as operator of the Site.
2.2 If you are a Worker then the Hirer may itself reserve the right to collect, use and share your personal data. This would be a matter between you and the creative designer and governed by the Terms of Engagement and the general law. We are not responsible for the exercise of any such rights (or the misuse of your data) by any Hirer.
2.3 We may disclose your personal data to our insurers and/or professional advisers as necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
2.4 We may provide your personal data to our third party service providers, strictly to the extent necessary for them to provide the relevant services to us. For example, we may disclose:
2.5 Each of these service providers may further provide your personal data to their own service providers who provide necessary support functions (for instance, the third parties who host their servers). However, such disclosure will again only be for the purpose of providing the relevant services to us.
2.6 We may also provide your personal data to any acquirer of our business or assets (in which case our accumulated data, including your personal data, will be comprised in our business or assets).
2.7 We may disclose your personal data if required to do so by law, to prevent an unlawful act, or otherwise to appropriate authorities in connection with any civil action or criminal report or investigation relating to your activities. For example, if you use our Site to distribute unlawful material, then we may pass your information to the police.
2.8 Where you have expressly consented to our doing so, we may also provide your personal data to selected third parties for marketing purposes.
2.9 We may provide (non-personal) technical information regarding your use of the site to Google, Inc., and to the operators of creative designer accounts on our Site, in each case in connection with our use of Google’s Google Analytics service. This might let us, for example, let creative designers know how many visitors have viewed their design listings.
3.1 Some of the third parties to whom we may transfer your personal data, discussed above , may be located outside the EEA or may transfer your personal data to their own service providers located outside the EEA. If so, then we will ensure that our terms with our data processors provide that transfers will only be made to countries in respect of which the European Commission has made an "adequacy decision”, or otherwise will only be made with appropriate safeguards, such as the use of standard data protection clauses adopted or approved by the European Commission. You may contact us to enquire about such safeguards so that you may obtain a copy of them or so that we may direct you to them.
4.1 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 officers, employees and freelancers 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.
4.3 The Site contains links to third party websites and refers to third party service providers and other entities. If you follow a link to any third party website or deal with any third party entity referred to on the Site, then you should note that these third parties may have their own privacy and cookie policies, and that we are not responsible for their use of any personal data which you may provide to them. You should ensure that you have read and understood any relevant policies.
4.4 Although we do our best to ensure the security of personal data provided to us (and to use only reputable service providers), any transmission of data via the Internet is by its nature insecure and we cannot guarantee the security of any personal data you provide to us.
5.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.2 We will retain and delete your personal data as follows:
5.3 We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this Notice from time to time by publishing a new version on the Site. You should check occasionally to ensure you are happy with any changes to this Notice, although we will notify you of material changes to this Notice using the contact details you have given us.
7.1 We have summarized below the rights that you have under the GDPR. Some of the rights are complex, and not all of the details have been included in our summaries. You can read guidance from the Information Commissioner’s Office at www.ico.gov.uk for a fuller explanation of your rights.
7.2 Your principal rights under the GDPR are:
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, to access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data. These might include if:
However, there are certain general exclusions of the right to erasure, for example where processing is necessary for compliance with a legal obligation or in connection with legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Where processing has been restricted on this basis, we may continue to store your personal data and will observe the restrictions on processing except in the case of processing permitted by applicable law (for example, in connection with legal claims or for reasons of public interest).
7.7 You have the right to object to our processing of your personal data on the basis of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the processing is for legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 If the legal basis for our processing of your personal data is consent, or the performance of a contract with you, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.11 You may exercise any of your rights in relation to your personal data by written notice to us.
8.2 Some of the more significant individual cookies we use and the purposes for which we use them are:
This cookie is essential for our Site to operate. It allows us to remember your details during your current visit to our Site.
These are essential for the payment processing features of our Site to operate, and allows you to log into and make and receive payments relating to the designs featured on our Site using your PayPal account.
This is an analytical / performance cookie. The Site uses Google Analytics to help analyse how users use the Site, collecting standard internet log information and visitor behaviour information in an anonymised form from which no user is identifiable. This information is transmitted to Google and processed to compile statistical reports on activity on the Site. These reports allow us to optimise our user experience. Google provide a browser add-on for users who wish to prevent their data from being used by Google Analytics. Further information is available at https://tools.google.com/dlpage/gaoptout/.
8.4 You may block cookies by activating settings on your browser which allow you to refuse the setting of some or all cookies. If you choose to block all cookies (including essential cookies) you may not be able to access all or some parts of our Site.
8.5 Most cookies we use are known as session cookies. These cookies will expire whenever you close your browser or shut down your computer, and such cookies need not be blocked. Other cookies used for specific purpose will expire when that purpose is no longer required.
8.6 You can find out more about blocking cookies in specific browsers at http://aboutcookies.org.
9.1 If you have any questions, comments or requests regarding this Notice or our use of any personal data you provide to us, please contact us at Spyre Labs Limited, 9 Great Mead, Oxford, United Kingdom OX1 2RB, or by email at firstname.lastname@example.org or use the contact form or button on our Site.