(https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/key-definiti ons/), except where otherwise noted.
1.4 Where lawful bases of processing are noted (for example, contract, legal obligation or consent), KL in all ways manages individual rights in relation to these lawful bases in line with the ICO’s guidance on the GDPR and the DPA18
1.6 You have the right to lodge a complaint with the ICO as the supervisory authority if you have an issue in relation to our treatment of Your data.
2 PERSONAL DATA
2.1 ”Personal data” (as defined by the GDPR and the DPA18) means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.
2.2 Personal data that can be used to identify you as an individual includes your:
- mailing address telephone number credit card number email address
- personally identifying information we collect via cookies
- log-in credentials (of customer account) IP address.
Examples of non-personal data include:
- business name (when the business is a corporate entity) business entity type (e.g. LLP, Limited Company, etc.) website address marketing preferences
- non-personal information provided in communications with KL
- non-personal information about your computer and about your visits to and use of YouCanDoProbate website.
2.3 No sensitive personal data (as defined by the GDPR and the DPA18) is collected by KL. However, sensitive personal data of subjects of an AML search may be processed by YouCanDoProbate’s systems when You use the AML service – in any such usage KL is purely the Data Processor and does not use or retain any data processed.
2.4 We collect your personal data through a number of sources, including:
2.4.1 visits to and use of the YouCanDoProbate website (e.g. browser type and version, operating system, referral source, length of visit, page views and website navigation paths, etc.) – see Section 3 for details
2.4.2 YouCanDoProbate website registration & purchasing – see Section 4 for details
2.4.3 telephone calls, emails and other communications with our Sales or Support teams – see Section 5 for details
2.4.4 YouCanDoProbate web application usage – see Section 6 for details.
2.5 personal data gathered directly from customers during purchase ordering, website registration or enquiries are centrally managed in a bespoke Customer Relationship Management System (CRMS). These actions in regard to personal data are performed on the lawful basis of contract as described in the GDPR and the DPA18 and may be used by KL in the interests of ongoing staff training, incident investigations and product or process development. This personal data is kept for the duration of any ongoing business or web application usage, and for six years thereafter. Typical uses include:
- updating you as to the status of your order
- alerting you to important product revisions or updates to an KL product/service you have purchased, normally via email or the YouCanDoProbate application (please note that it is not possible to opt out of these ‘service level’ communications)
- ensuring that you are properly registered to receive technical support.
2.7 You should be aware that there are very limited instances under law in which we may be required to disclose the personal data of our customers. If such an instance arises, we shall only release that personal data as required by law. These actions in regard to personal data are performed on the lawful basis of legal obligation as described in the GDPR and the DPA18.
3 USE OF THE YOUCANDOPROBATE WEBSITE
This Section covers the personal data collection and usage that occurs when using the YouCanDoProbate website.
The cookies used on this website have been categorised in accordance with the ICO UK Cookie guide. Lists of all the cookies used on this website are set out here.
3.2 Category 1: Strictly Necessary Cookies
PHPSESSID – used as an index to record session data on our server (e.g. current order number); expires 20 (twenty) minutes following the end of the session or when the browser is closed, whichever is sooner
PHPKBSESSID – used as an index to record session data on our server when using the Knowledge Base area of the website; expires 20 (twenty) minutes following the end of the session or when the browser is closed, whichever is sooner
OldBrowserWarning – used to advise if the user’s browser is so old it will be functionally
impaired in viewing the website; expires 20 (twenty) minutes following the end of the session or when the browser is closed, whichever is sooner
Category 1 cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services like the shopping basket cannot be provided. Category 1 cookies are implemented on the lawful basis of legitimate interest as described in the GDPR and the DPA18, as we genuinely cannot run the website effectively without them. Nevertheless, you can contact firstname.lastname@example.org to object to this processing.
If you do not wish to accept these cookies and would like to purchase a KL product or service, you may complete most transactions by calling us on 0345 5190 882.
3.3 Category 2: Performance Cookies
utma, __utmb, __utmc, and __utmz – required by Google Analytics; expires 26 (twenty-six) months after last visit to website.
fs_uid – required by FullStory.
Category 2 cookies collect information about how you use the website, for instance which pages you go to most often and if you get error messages from web pages. These cookies don’t collect information that identifies you and all information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website works. Category 2 cookies are implemented on the lawful basis of legitimate interest as described in the GDPR and the DPA18, as we wish to maintain the performance integrity of our website. You can directly control the collection of Performance Cookies via the Cookie Settings option in our the YouCanDoProbate website’s footer area.
A summary of Google’s scope of data and usage parameters for data collected can be found here: https://policies.google.com/privacy#infocollect.
3.4 Category 3: Functionality Cookies
email – holds customer’s email address (which is used as the login/account name); expires 2 (two) years after last visit to website.
OptanonAlertBoxClosed – remembers if you have closed the Cookie Preferences Alert Box.
OptanonConsent – records a user’s consent and preferences for cookie settings.
_dc_gtm_UA-40403013-1 – this cookie is associated with Google Tag Manager and remembers your decisions in regard to targeting and analytics (as described in Category 4).
Category 3 cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. Category 3 cookies are implemented on the lawful basis of legitimate interest as described in the GDPR and the DPA18, as we wish to maintain the functionality and easy usability of our website. You can directly control the collection of Functionality Cookies via the Cookie Settings option in the YouCanDoProbate website’s footer area.
3.5 Category 4: Targeting or Advertising Cookies
Google cookies – gac, gads, DSID, FLC, AID, TAID and exchange_uid; expires 2 (two) years after last visit to website.
LinkedIn cookies – bizo_bzid, _bizo_cksm, _bizo_np_stats; expires 6 (six) months after last visit to website.
Facebook cookies – Pixel; expires 180 (one hundred and eighty) days after last visit to website.
Twitter cookies – Universal Website Tag; expires 90 (ninety) days after last visit to website. AdRoll cookies – __utmb; expires 26 (twenty-six) months after last visit to website.
Category 4 cookies are implemented on the lawful basis of legitimate interest as described in the GDPR and the DPA18. You can directly control the collection of Targeting or Advertising Cookies via the Cookie Settings option in the YouCanDoProbate website’s footer area.
When you visit our website we use these cookies to collect information about your activities that may personally directly or indirectly identify you. This information may include the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We may use the information we collect to serve you more relevant advertisements (referred to as ‘Retargeting’) or to measure ‘Conversions’ on our site. This information can include where you saw the ads we serve you and what ads you clicked on.
3.5.1 We use Google’s third party audience data, such as interests and commonly visited websites, to better understanding the behaviour of our customers. For example, you may see our ads on other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
3.5.2 We use social network cookies from LinkedIn, Twitter and Facebook. These cookies may store anonymous demographic data from the relevant social network. For example, LinkedIn data can include company size, industry, job function and seniority level but does not include any personally identifiable information.
3.5.3 We use AdRoll to place cookies on your browser for targeted advertising purposes. These cookies track device and browser information, as well as activity on the YouCanDoProbate website, to help target our ads based on information AdRoll have collected.
3.6 There are general options (unrelated to KL) available for opting out of various web services’ automated collection of information. Examples on how to do this can be found at http://www.youronlinechoices.com/uk/.
3.7 The YouCanDoProbate website’s essential operating system processes functional data in order to operate, which may include data determined to be personal data (for example, IP addresses). These functions are not based on cookies. Any personal data collected in this manner by the fundamental website logging are performed on the lawful basis of legitimate interest as described in the GDPR and the DPA18, as such logging is required for the website’s continued operation. It will also be automatically deleted within four weeks. Nevertheless, you can contact email@example.com to object to this processing.
3.9 Any site that is an KL co-branded website will clearly identify both KL and the third party, and any personal data or other information collected through these co-branded sites may be collected and used by both KL and the third party unless otherwise stated on that co-branded site.
4 YOUCANDOPROBATE WEBSITE REGISTRATION & PURCHASING
This Section covers the personal data collection and usage that occurs when registering on the YouCanDoProbate website and purchasing YouCanDoProbate products and/or services.
4.1 Certain personal data, such as names, contact details and online identifiers, are required for us to supply products and services that you have requested, carry out an agreement with you or take any steps that you have requested. These actions in regard to personal data are performed on the lawful basis of contract as described in the GDPR and the DPA18.
4.2 We may also use your personal data for the following direct marketing purposes. These actions in regard to personal data are performed on the lawful basis of consent as described in the GDPR and the DPA18.
Examples include where you have given us appropriate permission to:
advise you about new KL products and services, as well as special discounts on KL products and services provide business, sector and market-relevant news updates
Additionally, the following contact methods have been separated out for the purposes of direct marketing onsent: via email (KL’s default contact method) via telephone via mail
4.4 By default, data is retained for as long as you are an KL customer and for a further seven years thereafter. However, your account will be marked as dormant following four years’ inactivity and you will not be contacted following this time for Additional Purposes.
4.5 KL uses Stripe and Paypal to handle card payments, who are audited by the Payment Card Industry Security Standards Council (PCI-SSC). Your full card details are only held with Stripe or Paypal.
5 TELEPHONE CALLS, EMAILS AND OTHER COMMUNICATIONS TO OR FROM KL
This Section covers the personal data collection and usage that occurs when:
contacting or being contacted by KL to support YouCanDoProbate products and/or services contacting or being contacted by KL to sell or market YouCanDoProbate products and/or services.
5.1 During the course of investigating a technical issue or answering a query, pertinent notes will be kept on your CRMS file to record the process and resolution. These notes will be treated as per Section 1.5.
5.2 In order to provide you with support on any technical issues that you may encounter, we may carry out the following to help diagnose and remedy the issue:
Ask to initiate a debug log. This collects ‘debugging’ information from your computer and YouCanDoProbate, including login strings and configuration data. This is used to help locate, diagnose and troubleshoot operating problems.
Ask for you to send a health check. This gathers information about your computer itself, such as its name, OS version details, installed programs and the like. This is also used to help locate, diagnose and troubleshoot operating problems.
Ask for you to send an anonymised tax return directly from the YouCanDoProbate web application. You also have the option to send us the tax return without anonymising the data, should you wish. This is normally used to help deal with specific tax return issues.
In any of these situations, YouCanDoProbate remains the Data Processor maintaining the service or product on the instruction of the Data Controller.
5.3 In the event that you contact us by telephone, calls may be recorded and/or live monitored to:
- help train KL staff;
- establish the facts in the event of a complaint, either by a customer or a member of staff, and so assist in resolving it;
- assist in quality control to identify any issues in processes, with a view to improving them; provide evidence of your order or transaction with us ensure that we comply with relevant regulatory procedures; prevent or detect crime, and protect the interests of national security; investigate the unauthorised use of and secure the effective operation of our telecommunications system.
5.4 Certain personal data, such as names and contact details, may inevitably be recorded as a matter of course during telephone calls. These actions in regard to personal data are performed on the lawful basis of legitimate interest as described in the GDPR and the DPA18.
6 YOUCANDOPROBATE WEB APPLICATION USAGE
This Section covers the personal data collection and usage that occurs when using the YouCanDoProbate products and/or services.
6.1 Personal data can be included within data gathered about your systems once you have purchased a product, along with data on your type of operating system and its version, the size of your database and your operating environment. These actions in regard to personal data are performed on the lawful basis of contract as described in the GDPR and the DPA18.
6.2 When licensing web application products via the internet, any information collected in this process will be transmitted over a secure connection to our servers. The anti-piracy routine generates a unique key that is transmitted to our server during the activation process and is used to identify the computer upon which you run your YouCanDoProbate web application. All data contained within the key is encrypted.
6.3 At no stage will KL hold for posterity any information that you enter into the YouCanDoProbate web application (such as the contents of a tax return, filing credentials, accounting information and so on),
6.4 To help us improve our products and services and develop new ones, we may also create aggregate data that may use your personal data but in a manner that does not identify you as an individual. Some of this information will be collected by a third party processor as detailed in Section 7.7. For example, we may collect:
- your print settings to help generally determine usage.
- product metrics information such as version number and edition.*
- operating system & platform information such as OS Version, OS Platform and OS Language.*
- hardware and architecture information such as screen resolution, graphics card and CPUtype.*
- Java environment information such as Java version, Java vendor and Java AWT graphicsenvironment.*
- collect geographical information to help identify the number of users in various locations.*j. documents electronically for approval
- collect operating system, hardware and architecture information to ensure the operation of the web application on differing environments.
6.5 You are responsible for keeping appropriate copies of your own data.
Assessment). The audit data requested consists of machine data from the workstation used to make the submission. Some of this data may be classified as Personally Identifiable Information as per the GDPR definitions. Examples of the data sent are listed below:
- Public IP address
- Public Port
- Device ID
- User ID
- Local IP
- Screen Resolution
- Window Size
- User Agent
KL act as Data Controller for this information as per the GDPR and the DPA18 and it is performed under the lawful basis of legal obligation. The data is generated at the point of submission on your workstation and is then discarded; none of the information gathered in this manner is retained by KL.
- All names and companies listed in the demonstration database for the YouCanDoProbate product arefictitious. No identification with actual persons or companies is intended or should be inferred.
7 OTHER DATA COLLECTION AND USAGE
This Section covers the personal data collection and usage that occurs in other circumstances.
7.1 Surveys: KL may ask you to participate in a survey or provide additional personal data that will enable us to better understand and serve your needs.
7.1.1 Any information request marked as optional gives you the freedom to decide whether to respond and you will also be given the option to either supply information anonymously (to be used as aggregate data only) or not (in which case it is supplied on the lawful basis of consent). Please keep in mind that all information you choose to provide may be used to personalise and improve our customer service operations. Whether aggregate or not, the data will only be kept for three years.
7.2 In the case of visitors identified by our website analytics as using business IP addresses, we may also use publicly available information on those businesses to contact them and offer further aid in reviewing and purchasing YouCanDoProbate products. This does not apply to personal customers or consumers, only businesses and practices registered with Companies House.
8 PROTECTION OF PERSONAL DATA
8.1 All personal data is collected and stored in a secure manner and is used strictly in relation to this policy, any other applicable KL policies (such as Terms & Conditions of Sale, EULA and/or CSA) and your stated privacy preferences.
9.2 Our ICO registration reference is ZA658033. The registered address is Kabing Ltd, Summit House 13 High Street London E11 2AA. Tel: 08006891447 Email: firstname.lastname@example.org
9.3 At any time you may change your preferences as to the use of your personal data or receipt of Marketing Materials. You may also as an individual request copies of the personal data held by KL, though some types of information may not be disclosed to individuals where exemptions under law apply (e.g. information relating to third parties in particular circumstances).
All such communications and inquiries should be sent to email@example.com or mailed to the
Compliance Team, Kabing Limited, Summit House 13 High Street London E11 2AA. Please be sure to include sufficient information for us to verify your identity, locate your file (if applicable) and respond to your inquiry. You should also include your mailing address if you would like us to send you any written materials.
9.4 KL reserves the right to take reasonable steps to verify any requests for personal data it receives.