We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
This policy is divided into three parts:
Part A provides information about our collection and use of personal information;
Part B provides information about the cookies used on this website; and
Part C contains information about us (including contact details).
PART A: YOUR PERSONAL INFORMATION
(1) What information do we collect?
We may collect, store and use the following kinds of personal information:
[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and [details]]);]
[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including [details]);]
[(c) information that you provide to us for the purpose of registering with us (including [details]);]
[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including [details]);]
[(e) any other information that you choose to send to us; and]
[(f) other information.]
[Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy.]
(2) Using your personal information
Personal information submitted to us via this website will be used for the purposes specified in this policy or in relevant parts of the website.
We may use your personal information to:
[(a) administer the website;]
[(b) improve your browsing experience by personalising the website;]
[(c) enable your use of the services available on the website;]
[(d) send you goods purchased via the website, and supply to you services purchased via the website;]
[(e) send statements and invoices to you, and collect payments from you;]
[(f) send you general (non-marketing) commercial communications;]
[(g) send you email notifications which you have specifically requested;]
[(h) send you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);]
[(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]
[(j) deal with enquiries and complaints made by or about you relating to the website;]
[(k) keep the website secure and prevent fraud;]
[(l) verify compliance with the terms and conditions governing the use of the website [(including monitoring private messages sent through our website private messaging service)]; and]
[(m) [other uses].]
[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.]
[Your privacy settings can be used to limit the publication of your information on the website. You can adjust your privacy settings by [describe how].]
[We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.]
We may disclose your personal information to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this policy.
[We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.]
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
[(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]
[(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]
Except as provided in this policy, we will not provide your information to third parties.
(4) International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
Information which you provide may be transferred to countries [(including [the United States], [Japan], [other countries])] which do not have data protection laws equivalent to those in force in the European Economic Area.
[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.]
You expressly agree to such transfers of personal information.
(5) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
[All electronic transactions entered into via the website will be protected by encryption technology.]
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password [and other login details] confidential. We will not ask you for your password (except when you log in to the website).]
(6) Policy amendments
We may update this policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
(7) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes[, by sending an email to us]. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(8) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(9) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
PART B: COOKIES
(10) About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
Cookies may be either “persistent” cookies or “session” cookies.
A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).
A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
(11) Our cookies
We use [both/only] [session cookies] [and] [persistent cookies] on this website.
We [will/may] send to you the following cookies:
(a) [Cookie name 1] – We will use this [persistent / session] cookie to [describe purpose].
(b) [Cookie name 2] – We will use this [persistent / session] cookie to [describe purpose].
(c) [Cookie name 3] – We will use this [persistent / session] cookie to [describe purpose].
(12) Third party [and analytics] cookies
When you use our website, you may also be sent third party cookies.
Our [advertisers / service providers] may send you cookies. They may use the information they obtain from your use of their cookies:
[(a) to track your browser across multiple websites;]
[(b) to build a profile of your web surfing; and]
[(c) to target advertisements which may be of particular interest to you.]
(13) Cookies and personal information
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
(14) Blocking cookies
Most browsers allow you to refuse to accept cookies. For example:
(a) in Internet Explorer (version 9) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) in Firefox (version 16) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
(c) in Chrome (version 23), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
Blocking all cookies will, however, have a negative impact upon the usability of many websites.
[If you block cookies, you will not be able to use all the features on this website.]
(15) Deleting cookies
You can also delete cookies already stored on your computer. For example:
(a) in Internet Explorer (version 9), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in Firefox (version 16), you can delete cookies by clicking “Tools”, “Options”, “Privacy” and then “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) in Chrome (version 23), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.
Again, doing this may have a negative impact on the usability of many websites.
(16) Cookie preferences
PART C: OUR DETAILS
(17) Contact us
This website is owned and operated by [identify company, partnership etc].
If you have any questions about our cookies or this policy, please contact us:
(a) by email (to [email address]);
(b) by telephone (to [number]); or
(c) by post (to [address]).
(18) Data controller
The data controller responsible in respect of the information collected on this website is [company/business name].
Our data protection registration number is [number].
The purpose of a website privacy and cookies policy is help website operators comply with data protection legislation. In the UK, that primarily means compliance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. Failure to comply with data protection legislation can lead to civil liability and criminal law penalties.
Our template privacy and cookies policy is designed for use by businesses based in the UK (although the UK data protection regime derives from EU law, there are differences in how that EU law has been implemented in the different member states of the EU). The template is designed for websites which collect standard kinds of non-sensitive personal data for standard kinds of use. It may be unsuitable for websites which collect sensitive personal data (such as information relating to a person’s health, sexuality, ethnicity or politics) or which collect personal information from children. It may be suitable, for example, for use with websites which act as online company brochures or online shops.
“Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information. (We use “personal data” and “personal information” interchangeably in this template.)
You should list in this provision all of the different kinds of personal information which will be collected over or in relation to your website. We have suggested a number of common categories.
As a general rule, where you plan to use personal information you have collected for the purpose of direct marketing, this should be made clear on the page where the information is collected, and you should ensure that this only happens if users opt in to the marketing (eg “Click here if you would like us to send you information by email about products which we think will interest you.”). There are, however, exceptions to this general rule. There are also rules about the content of direct marketing communications. If you are in any doubt about complying with your legal obligations in relation to direct marketing, you should seek professional advice.
You must list here all the uses to which you will (or may in future) put personal data. Again, we have suggested some common categories.
It is good practice to also say what you will not do with personal information (within reason).
You should insert details of any payment services provider(s) you use here. If you do not collect payments on your website, you can delete this section.
Give as much detail as possible about any such international transfers. You also need to be aware that the inclusion of this provision will not be sufficient to ensure that all international transfers of personal data are lawful. If in doubt, you should take professional advice on this point.
There is an obligation upon data controllers to store personal data securely. You should provide details of your security measures here.
Changes to the policy – in particular as to permissible uses of personal data – may not be retrospective. In other words, if you collect personal information on one basis, you cannot, simply by changing the terms of your policy, go on to legitimately use that information on a different basis.
The rules concerning cookies are set out in Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended). Regulation 6 provides that:
“(1) Subject to paragraph (4), a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment—(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information—(a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.”
List all cookies that you use in this section.
Some examples of common purposes for which cookies are used are: (a) to recognise a computer when a user visits the website; (b) to track a user as the user navigates the website; (c) to enable the use of a shopping cart on the website; (d) to improve the website’s usability; (e) to analyse the use of the website; (f) to administer the website; (g) to prevent fraud and improve the security of the website; (h) to personalise the website for a user; and (i) to target advertisements which may be of particular interest to a user.
This text should be used if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving. For more information, see: https://www.google.com/adsense/support/bin/answer.py?hl=en&answer=100557.
Delete this section if there are no cookie-management facilities on your website.
You should check whether you need to obtain a data protection registration. You can find out about this on the Information Commissioner’s website at http://www.ico.gov.uk.