We take your privacy very seriously. Please read this Privacy Notice and any other privacy notice or fair processing notice we may provide on specific occasions carefully, as it is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export and delete your information.
This Privacy Notice has been drafted in accordance with the relevant laws of the United Kingdom but may be applied to personal information processing activities globally. The processing activities may be more limited in some jurisdictions due to the restrictions of their laws. For example, the laws of a particular country may limit the types of personal information we can collect or the manner in which we process that personal information. In those instances, we may adjust our internal policies and/or practices to adapt to the requirements of local law.
This Privacy Notice supplements other notices and is not intended to override them.
1. Important information and who we are
The website instinctif.com is provided by Instinctif Partners Holdings Limited, a company registered in England and Wales under number 07780133, whose registered office is at 65 Gresham Street, London EC2V 7NQ (‘we’, ‘our’ or ‘us’).
2. Our contact details
Name: Please contact us via the Instinctif Privacy Team
By email: firstname.lastname@example.org
By mail: 65 Gresham Street, London, EC2V 7NQ
3. Data protection officer (DPO)
We have appointed GRCI Law Limited as our DPO, who are responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, our privacy practices or how we handle your personal data, please contact our DPO at email@example.com.
4. What is meant by personal data or personal information
Personal data (also called personal information) is information which identifies you as an individual.
Some examples are outlined below:
Personal data is anything which may identify you for example your name, address, bank account details, internet protocol (IP) address, username or another identifier.
Some personal data is unique to you and therefore requires greater protection. This data is referred to as sensitive or special category data which includes information regarding your health, religious or philosophical beliefs, race, or ethnicity to provide a few examples.
5. How we get the information about you
In order for us to operate effectively, we may request and collect information about you,
We collect personal data from you:
- directly, when you enter or send us information, such as when you register with us,contact us (including via email or customer contact forms), subscribe to our newsletters or other communications, apply for a vacancy or send us feedback; and
- indirectly, such as your browsing activity while on our website; we will usually collect information indirectly using the technologies explained in the section on ‘Cookies and other tracking technologies’ below.
6. The data we collect about you
We collect personal information from the visitors to our website, our subscribers and from job candidates who apply to our vacancies. We may collect, use, store and transfer different kinds of personal information about you depending on our relationship with you:
- Identity data: may include name, job title and any other identity data that you may include in your CV or communication with us.
- Contact data: We usually only intend to collect your email address, but other contact details such as telephone number(s) and addresses may be collected from you when you provide them in our contact forms, your communications with us, or in your CV.
- Location data: We may collect your location data from your IP address and through your contact forms and CV.
- Technical data: We may collect your IP address, your login data, browser type and version, time zone setting and location, browser plugin types and versions, operating system and platform, and other technology on the devices you use to access our website.
- Usage data: Includes information about how you use our Website.
- Candidate data: Includes information you have provided to us in your curriculum vitae, covering letter and/or application form, including name, title, address, telephone number(s), personal email address, date of birth, job title, job role, location, employment history, qualifications, areas of specialisms and registrations with professional bodies.
- Marketing and communications data: Includes your preferences in receiving marketing from us, your newsletter subscription preference and our third parties and your communication preferences
7. Sensitive or Special category Data
Sensitive or Special Category Data is personal data that needs more protection because it is sensitive, and we do not intend or wish to collect this type of personal data from you in the course of providing you with our services or during our interactions with you.
Where you choose to provide us with this information in your communication with us or in your CV, we will only process that sensitive personal information in such jurisdiction if and to the extent permitted or required by applicable law.
8. How we process and use your information
We need your personal information to conduct our business, and provide you with our website and services. Most commonly we will use your personal information in the following circumstances:
- Where you have consented before the processing.
- Where we need to perform a contract we are about to enter or have entered 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 or regulatory obligation.
We will only collect, process and/or use the personal information where we are satisfied that we have an appropriate legal basis to do so.
EEA and UK residents: For more information on how we use and process your information see the section called “UK and EEA residents Below”
Californian residents: For more information on how we use and process your information see the section called “Californian residents Below.
If you are in Canada, the section below applies to you:
We may process your information if you have given us specific permission (express consent) to use your information for a specific purpose, or in situations where your permission may be inferred (implicit consent). You can with draw your consent at any time by emailing us at firstname.lastname@example.org
In some exceptional instances we may be able to process your information without your consent:
- If collection is clearly in the consent of the individual and consent cannot be obtained in a timely manner
- For investigations in fraud and crime prevention
- For business transactions provided certain conditions are met
- If disclosure is required to comply with applicable law
- If it is reasonable to expect collection with consent would compromise the accuracy and/or availability of the information and the collection is reasonable for the purposes related to investigating a breach of agreement or a contravention of the laws of Canada
- If it was produced by an employee in the course of their employment, business or profession and the collection is consistent with the purpose for which the information was produced
- If the collection is solely for artistic, journalistic or research purposes
- The information is publicly avaible and specified in the applicable regulations
If you are resident in Saudi Arabia the followings section applies to you
For any of the purposes of the processing, the legal basis for the processing of your Personal Data will always be your implicit or explicit consent unless the personal information we collect and process from you:
- Achieves a “definite interest” of yourself and it is impossible or difficult to contact you;
- If the processing is in accordance with another law, or in the implementation of an earlier agreement to which you are a party.
9. Withdrawing Consent
If we rely on your consent to process your personal information, which may be express or implied consent according to the applicable law, you have the right to withdraw consent at any time. You can withdraw your consent by contacting us at email@example.com
Please note that this will not affect the lawfulness of the processing before the withdrawal, nor when applicable law allows, will it affect the processing of your personal information on the basis of any other lawful ground other than consent.
10. Safeguarding your personal information
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We will review, monitor and update these security measures to meet our business needs, changes in technology and regulatory requirements. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties that have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we do not have any control over what happens between your device and the boundary of our information infrastructure. You should be aware of the many information security risks that exist and take appropriate steps to safeguard your own information.
We have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
11. Keeping your personal information
We will keep your personal information in line with our retention policy and applicable law and for no longer than is 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 information, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
12. Information Sharing
Insofar as is reasonably necessary for us in delivering our products and services to you and for the purposes set out in this Privacy Notice, we may share your personal information with the below parties that help us manage our business and deliver our products, or services:
- companies within the Instinctif group;
- third parties we use to help deliver our products and services to you;
- other third parties we use to help us run our business, e.g., marketing agencies or website hosts; and
- third parties approved by you, e.g., social media sites you choose to link to your account
We only allow those organisations to handle your personal information if we are satisfied they take appropriate measures to protect your information. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
We or the third parties mentioned above occasionally also share personal data with:
- our and their external auditors, e.g., in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations;
- our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
- law enforcement agencies, courts, tribunals, and regulatory bodies to comply with our legal and regulatory obligations;
- other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised, but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations.
We will not share your personal data with any other third party without your consent.
The specific kind of information we share will depend on your activities with us and only to the extent as required or permitted by law, and/or with your consent.
Please note however that this Privacy Notice does not apply to sharing of personal information by third party providers who may collect personal information from you and may share it with us. In these situations, we strongly advise you to review the applicable the third party provider’s privacy notice before submitting your personal information.
13. Transferring your information overseas
We do business globally and may centralise certain aspects of our information processing activities and data storage in different countries. We may therefore have to share and transfer your personal information from one country to another, or even across multiple jurisdictions. Your personal information may therefore be subject to privacy laws that are different from those in the country where the personal information is collected or those in your country of residence.
We will ensure your personal information has an appropriate level of protection and will undertake appropriate due diligence and risk assessments prior to transferring the information. We will ensure the transfer of your personal information in line with applicable Data Protection Law. Often, this protection is set out under a contract with the organisation that receives your personal information. You can find more details of the protection given to your information when it is transferred overseas by contacting us.
For residents of Saudi Arabia: – We transfer your Personal Data outside Saudi Arabia where a corresponding approval from the regulatory authority was obtained.
14. Third-party services, websites and plugins
Please note however that this Privacy Notice does not apply to sharing of personal information by third party providers who may collect personal information from you and may share it with us. In these situations, we strongly advise you to review the applicable the third-party provider’s privacy notice before submitting your personal information.
You should be aware that information about your use of our website (including your IP address) may be retained by your ISP (Internet Service Provider), the hosting provider and any third party that has access to your Internet traffic.
Our Website may contain links to third-party websites and plugins, for instance a social media login plugin. If you choose to use these websites, plugins, or services, you may disclose your information to those third parties.
We are not responsible for the content or practices of those websites, plugins, or services. The collection, use and disclosure of your personal information will be subject to the privacy notices of these third parties and not this Privacy Notice. We urge you to read the privacy and cookie notices of the relevant third parties.
15. What happens if you don’t provide your information
You may always choose what personal information (if any) you wish to provide to us. Please note, however, some of our products and services to you may be affected if you choose not to provide certain details, for example, we cannot reply to you without a name or contact details.
We also need your personal information to be able to assess your application for our vacant job roles.
16. Opting out of Marketing
If you provide us with your contact details (e.g., email address), we may contact you to let you know about the products, services, promotions, and events offered that we think you may be interested in.
You will then be removed from the marketing list; however, we may still communicate with you for example to send you service related messages that are necessary to respond to your requests or for other non-marketing related purposes.
17. Cookies and other tracking technologies
Each time you interact with our website, we may, depending on the consent provided and your jurisdiction, automatically collect personal information, including technical data about your device, your browsing actions and patterns, content and usage data. We collect this data using Cookies, server logs and other similar technologies like pixels, tags and other identifiers in order to remember your preferences, to understand how our website is used, and to customise our marketing offerings.
Please see more information in our Cookie Notice.
18. What are your rights
In some regions such as Canada, the EEA and UK, you have rights that allow you greater control of and access to your personal information.
These rights may include the right:
- To request and obtain a copy of your personal information
- To request rectification and/or erasure
- To restrict processing of your personal information
- Data portability (if applicable)
In certain circumstances, you may also have the right to object to the processing of your personal data. You can make a request to exercise your rights by contacting us at firstname.lastname@example.org
We will consider and act upon any requests in accordance with applicable data protection laws.
19. Further information for EEA and UK residents
We are subject to the UK General Data Protection Regulation (UK GDPR) and the EU General Data Protection Regulation (EU GDPR) in relation to goods and services we offer to individuals and our wider operations in the UK and European Economic Area (EEA).
19.1 EU Representative
We have appointed IT Governance Europe Ltd to act as our EU representative. If you wish to exercise your rights under the EU General Data Protection Regulation (EU GDPR) or have any queries in relation to your rights or general privacy matters, please email our representative at email@example.com.
Please ensure you include our company name in any correspondence you send to our representative.
The table below describes the ways we plan to use your Personal Data, and which Lawful Basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|LAWFUL BASIS||PURPOSE EXAMPLES|
|Contract We use your personal information on the basis that it is necessary for us evaluate applications and candidates for a vacant role prior to entering into an employment contract for that role with the most suitable candidate.||Recruitment of candidates (contractors, employees and providers) We will use the personal information we collect about you to assess your skills, qualifications, and suitability for the role for which you applied. We may use the following personal data: Identity data Contact data Location data Candidate Data|
|Legitimate interest. When we rely on this, we will carry out a Legitimate Interests Assessment to ensure we consider and balance any potential impact on you (both positive and negative), and your rights under Data Protection Law. |
Our legitimate business interests do not automatically override your interests – we will 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.
|Managing our business We process Personal Data for our own legitimate business interests. This relates to us managing our business to enable us to maintain and monitor the performance of our website and to constantly look to improve the website and the services it offers to our users, including when we respond to your queries and complaints, where you are not a client or supplier, or a potential client or supplier. We may use the following personal data: Identity data, Contact data, Technical data, Marketing and communications data |
Provide and maintain our Websites. To provide and maintain our Website, including to monitor the usage of these, troubleshooting, data analysis, network security and system testing necessary for our legitimate interests in maintaining the useability, security and integrity of our website We may use the following personal data: Identity data, Location data, Transaction data, Technical data
Recommendations and marketing
To make recommendations to you about services that may interest you, we may use the following personal data: Identity data, Contact data, Technical Data, Marketing and communications data, Usage data
To measure and analyse the effectiveness of the advertising we serve you, we may use the following personal data: Identity data, Contact data, Location data, Technical Data, Marketing and communications data, Usage data
To make suggestions and recommendations to you about goods or services that may be of interest to you and necessary for our legitimate interests (to develop our products/services and grow our business), we may use the following personal data: Identity data Contact data, Location data, Technical Data, Marketing and communications data ,Usage data
Data subject rights Verifying your identity when you exercise your data subject rights. Fulfilling data subject rights requests. We may use the following personal data: Identity data, Contact data, Location data, Technical data, Usage Data, Candidate Data, which are necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganisation or group restructuring exercise.
|Legal obligations We may use your Personal Data to comply with laws (for example, if we are required to co-operate with a police investigation after a court order orders us to).||Legal requirement The processing is necessary for compliance with legal obligations, such as but not limited to security requirements. To comply with applicable law, for example in response to a request from a court or regulatory body, where such request is made in accordance with the law. Criminal activity To detect fraudulent or criminal activity, we may share information with forces such as the police.|
|Consent We may have to get your consent to use your Personal Data, such as when we want to send you marketing. Wherever consent is the only reason for using your Personal Data, you have the right to change your mind and/or withdraw your consent at any time by clicking the Unsubscribe button at the bottom of an applicable email or by contacting us.||Marketing To measure and analyse the effectiveness of the advertising we serve you. We may collect IP addresses and store Cookies on visitors’ devices. We may use the following personal data, depending on what you consent to: Identity data Contact data Location data Technical Data Marketing and communications data Usage data Candidate Data Data analytics We use data analytics to improve our website, products/services, marketing, customer relationships and experiences. We may use the following personal data: Identity data Transaction data Technical Data Profile data Usage data|
More details about who we share your personal data with and why are set out in the table below. In most circumstances, you do not need to pay any charge for exercising your rights. We have one month to respond to you.
To exercise your rights or get more information about exercising them, please contact us at, firstname.lastname@example.org . giving us enough information to identify you
|Recipient||Processing operation (use) by recipient||Relevant categories of personal data transferred to recipient|
|MailChimp https://mailchimp.com/en-gb/||Marketing tool used within the Instinctif group to host name and email addresses to send communications and emails to subscribers.||Data is collected via a Mailchimp API, which will capture the name and email address details provided by the data subject directly.|
|SendInBlue https://www.sendinblue.com/||Marketing tool used to host contact details extracted and inputted from mail chimp to enable the emailing of newsletters to German subscribers.||Contact details extracted from Mailchimp.|
The EEA, UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.
It is sometimes necessary for us to transfer your personal data to countries outside the UK and EEA. In those cases, we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.
Under data protection laws, we can only transfer your personal data to a country outside the UK/EEA where:
- in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available here.
- in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available here.
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
- a specific exception applies under relevant data protection law.
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Where we transfer your personal data outside the EEA, we do so on the basis of an adequacy decision or (where this is not available) legally-approved standard data protection clauses issued further to Article 46(2) of the EU GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the EEA unless we can do so based on an alternative mechanism or exception provided by applicable data protection law and reflected in an update to this policy.
19.5 Your Rights
Please see more details about your rights in the table below. In most circumstances, you do not need to pay any charge for exercising your rights. We have one month to respond to you.
|Right to be informed||We have a legal obligation to provide you with concise, transparent, intelligible, and easily accessible information about your personal information and our use of it. We have written this notice to do just that, but if you have any questions or require more specific information, contact us on email@example.com|
|Right of access||You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information. When you request this data, this is known as making a data subject access request (DSAR). In most cases, this will be free of charge; however, in some limited circumstances, for example repeated requests for further copies, we may apply an administration fee.|
|Right to rectification||You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.|
|Right to erasure||You have the right to ask us to erase your personal information in certain circumstances. We have the right to refuse to comply with a request for erasure if we are processing the Personal Data for one of the following reasons: To exercise the right of freedom of expression and information.To comply with a legal obligation.To perform a task in the public interest or exercise official authority.For archiving purposes in the public interest, scientific research, historical research or statistical purposes.For the exercise or defence of legal claims.|
|Right to restriction of processing||You may ask us to stop processing your Personal Data. We will still hold the data but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies, you may exercise the right to restrict processing: The accuracy of the Personal Data is contested. Processing of the Personal Data is unlawful. We no longer need the Personal Data for processing, but the Personal Data is required for part of a legal process. The right to object has been exercised and processing is restricted pending a decision on the status of the processing.|
|Right to object to processing||You have the right to object to processing in certain circumstances. You can also object if the processing is for a task carried out in the public interest, the exercise of official authority vested in you, or your legitimate interests (or those of a third party).|
|Right to data portability||This right only applies if we are processing information based on your consent or for the performance of a contract and the processing is automated.|
We hope that we can resolve any query or concern you raise about our use of your information. Please contact us at firstname.lastname@example.org first and title your email “Complaint”. All complaints will be treated in a confidential manner, and we will try our best to deal with your concerns.
You have the right to lodge a complaint with a supervisory authority in the EEA member state where you work or normally live, or where any alleged infringement of Data Protection Law occurred.
The details of European supervisory authorities can be found here: Our Members | European Data Protection Board (europa.eu)
The details of the supervisory authority in Switzerland can be found here: Startseite (admin.ch)
20 Further information for Californian residents
We do not sell your personal information.
Under California’s “Shine the Light” law, website visitors who are California residents may request and obtain a notice once a year about the personal information we share with other businesses for their direct marketing purposes. Such a notice includes a list of the categories of personal information that was shared (if any), and the names and addresses of all third parties with which the personal information was shared (if any). The notice covers the preceding calendar year. To obtain such a notice, please contact us as previously described.
Verified California residents have the right to:
- Request and receive a copy of the personal information we have collected about them during the prior 12 months, we will endeavour to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy.
- Request and receive disclosure of our information sharing practices during the prior 12 months, including a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose
- Request that we not sell personal information about them and
- Request that we delete (and direct our service providers to delete) their personal information subject to certain exceptions.
For purposes of the CCPA personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
In order to make a request for disclosure California residents may contact us at email@example.com. We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose.
For requests for deletion of your information please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged to delete your information as well.
We will not discriminate against you as a result of your exercise of any of these rights.
In addition, under this law you are entitled to be advised how our site handles “do not track” browser signals. We do not use technology recognising do-not-track signals from your browser.
21. Questions or Concerns
If you have any questions, concerns, or complaints about this Privacy Notice, or our privacy practices in general, please email us at firstname.lastname@example.org.