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Privacy Policy

Privacy policy
This privacy policy applies between you, the User of this Website and Neon Pixel LTD, the owner
and provider of this Website. Neon Pixel LTD takes the privacy of your information very seriously.
This privacy policy applies to our use of any and all Data collected by us or provided by you in
relation to your use of the Website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which
can be found at:
Please read this privacy policy carefully.
Definitions and interpretation
1.
In this privacy policy, the following definitions are used:
Data
collectively all information that you submit to Neon Pixel LTD via the Website. This
definition incorporates, where applicable, the definitions provided in the Data
Protection Laws;
Cookies
a small text file placed on your computer by this Website when you visit certain parts
of the Website and/or when you use certain features of the Website. Details of the
cookies used by this Website are set out in the clause below (Cookies);
Data
any applicable law relating to the processing of personal Data, including but not
Protection
limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any
Laws
national implementing laws, regulations and secondary legislation, for as long as the
GDPR is effective in the UK;
GDPR
the General Data Protection Regulation (EU) 2016/679;
Neon
Neon Pixel LTD, a company incorporated in England and Wales with registered
Pixel
number 41/4 whose registered office is at Watson Crescent, Edinburgh, Midlothian,
LTD,
EH11 1ER;
we or us
UK and
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as
EU
amended by the Privacy and Electronic Communications (EC Directive)
Cookie
(Amendment) Regulations 2011;
Law
User or
any third party that accesses the Website and is not either (i) employed by Neon
you
Pixel LTD and acting in the course of their employment or (ii) engaged as a
consultant or otherwise providing services to Neon Pixel LTD and accessing the
Website in connection with the provision of such services; and
Website
the website that you are currently using, https://kolleague.io, and any sub-domains of
this site unless expressly excluded by their own terms and conditions.
2.
In this privacy policy, unless the context requires a different interpretation:
a.
the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses,
schedules or appendices of this privacy policy;
c.
a reference to a person includes firms, companies, government entities, trusts and
partnerships;
d.
"including" is understood to mean "including without limitation";
e.
reference to any statutory provision includes any modification or amendment of it;
f.
the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
3.
This privacy policy applies only to the actions of Neon Pixel LTD and Users with respect to
this Website. It does not extend to any websites that can be accessed from this Website
including, but not limited to, any links we may provide to social media websites.
4.
For purposes of the applicable Data Protection Laws, Neon Pixel LTD is the "data controller".
This means that Neon Pixel LTD determines the purposes for which, and the manner in which,
your Data is processed.
Data collected
5.
We may collect the following Data, which includes personal Data, from you:
a.
name;
b.
workspace;
c.
timezone;
d.
slack profile picture;
in each case, in accordance with this privacy policy.
How we collect Data
6.
We collect Data in the following ways:
a.
data is given to us by you; and
b.
data is collected automatically.
Data that is given to us by you
7.
Neon Pixel LTD will collect your Data in a number of ways, for example:
a.
when you contact us through the Website, by telephone, post, e-mail or through any other
means;
b.
when you register with us and set up an account to receive our products/services;
c. when you use our services;
in each case, in accordance with this privacy policy.
Data that is collected automatically
8.
To the extent that you access the Website, we will collect your Data automatically, for
example:
a. we automatically collect some information about your visit to the Website. This
information helps us to make improvements to Website content and navigation, and
includes your IP address, the date, times and frequency with which you access the
Website and the way you use and interact with its content.
b.
we will collect your Data automatically via cookies, in line with the cookie settings on
your browser. For more information about cookies, and how we use them on the Website,
see the section below, headed "Cookies".
Our use of Data
9.
Any or all of the above Data may be required by us from time to time in order to provide you
with the best possible service and experience when using our Website. Specifically, Data may
be used by us for the following reasons:
a.
internal record keeping;
b.
improvement of our products / services;
c.
transmission by email of marketing materials that may be of interest to you;
d.
contact for market research purposes which may be done using email, telephone, fax or
mail. Such information may be used to customise or update the Website;
e.
to provide our service.;
in each case, in accordance with this privacy policy.
10. We may use your Data for the above purposes if we deem it necessary to do so for our
legitimate interests. If you are not satisfied with this, you have the right to object in certain
circumstances (see the section headed "Your rights" below).
11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an
opt-in or soft-opt-in:
a.
soft opt-in consent is a specific type of consent which applies when you have previously
engaged with us (for example, you contact us to ask us for more details about a particular
product/service, and we are marketing similar products/services). Under "soft opt-in"
consent, we will take your consent as given unless you opt-out.
b.
for other types of e-marketing, we are required to obtain your explicit consent; that is,
you need to take positive and affirmative action when consenting by, for example,
checking a tick box that we'll provide.
c.
if you are not satisfied about our approach to marketing, you have the right to withdraw
consent at any time. To find out how to withdraw your consent, see the section headed
"Your rights" below.
12. When you register with us and set up an account to receive our services, the legal basis for this
processing is the performance of a contract between you and us and/or taking steps, at your
request, to enter into such a contract.
Who we share Data with
13. We may share your Data with the following groups of people for the following reasons:
a.
third party service providers who provide services to us which require the processing of
personal data - to help third party service providers in receipt of any shared data to
perform functions on our behalf to help ensure the application runs smoothly;
b. third party payment providers who process payments made over the Website - to enable
third party payment providers to process user payments and refunds;
in each case, in accordance with this privacy policy.
Keeping Data secure
14. We will use technical and organisational measures to safeguard your Data, for example:
a.
access to your account is controlled by a password and a user name that is unique to you.
b.
we store your Data on secure servers.
15. Technical and organisational measures include measures to deal with any suspected data
breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us
know immediately by contacting us via this e-mail address: sam@neonpixel.co.uk.
16. If you want detailed information from Get Safe Online on how to protect your information and
your computers and devices against fraud, identity theft, viruses and many other online
problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM
Government and leading businesses.
Data retention
17. Unless a longer retention period is required or permitted by law, we will only hold your Data
on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or
until you request that the Data be deleted.
18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or
regulatory purposes.
Your rights
19. You have the following rights in relation to your Data:
a.
Right to access - the right to request (i) copies of the information we hold about you at
any time, or (ii) that we modify, update or delete such information. If we provide you
with access to the information we hold about you, we will not charge you for this, unless
your request is "manifestly unfounded or excessive." Where we are legally permitted to
do so, we may refuse your request. If we refuse your request, we will tell you the reasons
why.
b.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c.
Right to erase - the right to request that we delete or remove your Data from our
systems.
d.
Right to restrict our use of your Data - the right to "block" us from using your Data or
limit the way in which we can use it.
e.
Right to data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for
our legitimate interests.
20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the
processing of your Data (where consent is our legal basis for processing your Data), please
contact us via this e-mail address: sam@neonpixel.co.uk.
21. If you are not satisfied with the way a complaint you make in relation to your Data is handled
by us, you may be able to refer your complaint to the relevant data protection authority. For
the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be
found on their website at https://ico.org.uk/.
22. It is important that the Data we hold about you is accurate and current. Please keep us
informed if your Data changes during the period for which we hold it.
Links to other websites
23. This Website may, from time to time, provide links to other websites. We have no control over
such websites and are not responsible for the content of these websites. This privacy policy
does not extend to your use of such websites. You are advised to read the privacy policy or
statement of other websites prior to using them.
Changes of business ownership and control
24. Neon Pixel LTD may, from time to time, expand or reduce our business and this may involve
the sale and/or the transfer of control of all or part of Neon Pixel LTD. Data provided by Users
will, where it is relevant to any part of our business so transferred, be transferred along with
that part and the new owner or newly controlling party will, under the terms of this privacy
policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
25. We may also disclose Data to a prospective purchaser of our business or any part of it.
26. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
27. This Website may place and access certain Cookies on your computer. Neon Pixel LTD uses
Cookies to improve your experience of using the Website and to improve our range of
services. Neon Pixel LTD has carefully chosen these Cookies and has taken steps to ensure
that your privacy is protected and respected at all times.
28. All Cookies used by this Website are used in accordance with current UK and EU Cookie
Law.
29. Before the Website places Cookies on your computer, you will be presented with a message
bar requesting your consent to set those Cookies. By giving your consent to the placing of
Cookies, you are enabling Neon Pixel LTD to provide a better experience and service to you.
You may, if you wish, deny consent to the placing of Cookies; however certain features of the
Website may not function fully or as intended.
30. This Website may place the following Cookies:
Type of Cookie
Purpose
Strictly necessary cookies
These are cookies that are required for the operation of our
website. They include, for example, cookies that enable you to
log into secure areas of our website, use a shopping cart or
make use of e-billing services.
Analytical/performance
They allow us to recognise and count the number of visitors and
cookies
to see how visitors move around our website when they are
using it. This helps us to improve the way our website works,
for example, by ensuring that users are finding what they are
looking for easily.
31. You can find a list of Cookies that we use in the Cookies Schedule.
32. You can choose to enable or disable Cookies in your internet browser. By default, most
internet browsers accept Cookies but this can be changed. For further details, please consult
the help menu in your internet browser.
33. You can choose to delete Cookies at any time; however you may lose any information that
enables you to access the Website more quickly and efficiently including, but not limited to,
personalisation settings.
34. It is recommended that you ensure that your internet browser is up-to-date and that you
consult the help and guidance provided by the developer of your internet browser if you are
unsure about adjusting your privacy settings.
35. For more information generally on cookies, including how to disable them, please refer to
aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
36. You may not transfer any of your rights under this privacy policy to any other person. We may
transfer our rights under this privacy policy where we reasonably believe your rights will not
be affected.
37. If any court or competent authority finds that any provision of this privacy policy (or part of
any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the
extent required, be deemed to be deleted, and the validity and enforceability of the other
provisions of this privacy policy will not be affected.
38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or
remedy will be deemed a waiver of that, or any other, right or remedy.
39. This Agreement will be governed by and interpreted according to the law of England and
Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of
the English and Welsh courts.
Changes to this privacy policy
40. Neon Pixel LTD reserves the right to change this privacy policy as we may deem necessary
from time to time or as may be required by law. Any changes will be immediately posted on
the Website and you are deemed to have accepted the terms of the privacy policy on your first
use of the Website following the alterations.
You may contact Neon Pixel LTD by email at sam@neonpixel.co.uk.
Attribution
41. This privacy policy was created using a document from Rocket Lawyer
05 February 2019
Cookies
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date,
but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Strictly necessary
We use the following strictly necessary cookies:
Description of Cookie
Purpose
__stripe_sid
to support payment processing
__stripe_mid
to support payment processing
Analytical/performance
We use the following analytical/performance cookies:
Description of Cookie
Purpose
Google Analytics
For tracking website analytics