Version 1.1 | November 2018
The EU General Data Protection Regulations (GDPR) include rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are more detailed and specific than in the DPA and place an emphasis on making privacy notices understandable and accessible. To that end FibreCRM has created a robust and transparent Privacy Notice, designed to adhere to the GDPR and provide the Data Subjects with the highest possible levels of assurance and confidence in the security standards FibreCRM applies to their personal data.
The GDPR focuses on ensuring that privacy information is clear and understandable for data subjects. The GDPR make explicit what has always been set out as good practice.
As expected under the GDPR, FibreCRM will provide information to data subjects about how it processes their personal data, in a format that is:
Underpinning this privacy notice is our Personal Information Management System (PIMS), a suite of our GDPR & Data Privacy Policies and Procedures. These 25+ documents represent our commitment to data security, and evidence our qualities in relation to adhering to the GDPR and surpassing its expectations where possible. These documents are available on request, and we ask that you contact our Data Privacy Lead (Richard Jackson) in the first instance.
1) Identity and Contact Details of the Data Controller
Simon Leek (Director of FibreCRM Ltd) is the Data Controller. Simon`s contact details are as follows:
Tremough Innovation Centre
Telephone: 020 3598 0898
Office Hours: 09:30 to 17:30 Monday to Friday
2) Identity & Contact Details of the Data Protection Lead
FibreCRM does not employ a Data Protection Officer (DPO), as under the GDPR we are not required to do so. However, we have assigned the role of “Data Protection Lead” (DPL) to an existing member of the FibreCRM team (Richard Jackson)
Richard is a Certified GDPR Practitioner (IBITGQ) and the role closely mirrors that of a DPO. We apply the same standards to the DPL position as the DPO role, and FibreCRM is committed to supporting our DPL and providing all the resources required to comply with the GDPR.
DPL: Richard Jackson
Address: FibreCRM Ltd
Tremough Innovation Centre
Telephone: 020 3598 0898
3) Purpose and Legal Basis for Processing
FibreCRM processes personal data for Customer Relationship Management (CRM) software.
CRM is a strategy for managing an organisation’s relationships and interactions with customers and potential customers (prospects and/or leads).
CRM is designed to allow a Data Controller to manage their customer/business relationships, as a tool for growth and business development, efficiency and integration with existing/other business software tools.
In its simplest form, CRM provides a central location for storing customer and prospect information, and that data can be shared with internal colleagues. CRM tracks the historical interactions with customers, through telephone calls, emails, meetings and documentation.
Typical CRM systems will provide tools such as:
FibreCRM will only process personal data where the data subject has either confirmed their consent for us to do so, or where there is a legitimate interest. In the instance of processing on the lawful basis of legitimate interest, FibreCRM will in every case carry out a full and robust Legitimate Interest Assessment (LIA) which will include/involve the ICO`s recommended 14-point check list, and the 3-stage balancing test – as follows:
Legitimate Interest as a Lawful Basis for Processing Personal Data:
“Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, where the data subject is a child.”
Legitimate Interest 14-point Checklist:
Three Stage Balancing Test:
4) Details of our Legitimate Interests
FibreCRM`s core business activity is the provision and subsequently product support for Customer Relationship Management (CRM) software. Our primary clients are accountancy practices, a strong market sector for CRM. On that basis our generic legitimate interest is as follows (in the case of each Data Subject we conduct a specific Legitimate Interest Assessment (LIA), the following statement is a broad description of our lawful basis for processing persona data:
5) Third Country Transfers
FibreCRM will, on occasion, need to transfer personally identifiable data outside the EEA, to third countries or international organisations. This is necessary due to the need to access appropriate CRM product expertise which not always available in the EEA and is for the benefit of our clients and data subjects. FibreCRM closely monitors the findings and recommendations of the Article 29 Working Party, in relation to guidelines and recommendations on data transfers, binding corporate rules and contractual clauses.
6) Data Retention Periods
FibreCRM respects and adheres to all six GDPR principles of personal data processing and based on data retention we refer to the principle of Data Minimisation.
Data Minimisation is a principle that states that data collected and processed should not be held or further used unless this is essential for reasons that were clearly stated in advance to support data privacy. In the General Data Protection Regulation (GDPR), this is defined as data that is adequate and/or relevant.
On that basis, FibreCRM retains data only for as long as is required, and at the point there is a) no requirement for retaining that data and/or b) it becomes irrelevant to the original purpose for processing – that data is erased.
7) Data Subject Rights under the GDPR
The GDPR provides the following rights for individuals:
In each instance and with respect to each of the 8 data subject rights, FibreCRM has created a clear and transparent set of policies and procedures. These are designed to demonstrate our compliance under the GDPR, provide the data subject with the rights they are entitled to, and maintains our data protection standards and culture. These policies and procedures are freely available on request, please contact Richard Jackson (DPL) for further information.
8) Right to Withdraw Consent
FibreCRM does not rely on Consent as our lawful basis for processing personal data, however if at any stage we do rely on Consent as our lawful basis – we will ensure that the Data Subject is afforded the opportunity to withdraw their consent, as easily as it was to give their Consent initially.
9) Data Subject Right to Complain to the ICO
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority (ICO in the United Kingdom), in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.
ShouLd the data subject desire to lodge a complaint with the ICO in relation to a perceived infringement to the GDPR in respect of data that relates to them, FibreCRM provides information to guide the data subject towards how to manage this complaint.
In more details, the complaint will progress in this manner:
10) Data Subject Obligations to provide Data
FibreCRM processes personal data only where there is a lawful basis to do so, and it every instance provides the data subject with a clear and straightforward route to “opting out” of that data processing or to request to have their data erased.
There is no obligation on the data subject to provide the personal data, and there are no consequences of failure to provide it to FibreCRM.
The Information Commissioner’s Office – Scotland
45 Melville Street
Telephone: 0303 123 1115
Information Commissioner’s Office – Wales
2nd Floor, Churchill House
Telephone: 029 2067 8400
ICO Northern Ireland
The Information Commissioner’s Office – Northern Ireland
14 Cromac Place,
Telephone: 028 9027 8757 / 0303 123 1114
11) How we protect Personal Data:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
The GDPR has introduced increased requirements in relation to cookies, reflected in the FibreCRM Cookies Policy & Procedures.
Important: Read the Google Analytics privacy document for more details about the data collected by Google Analytics.
By default, this library sets cookies on the domain specified in the document.host browser property and sets the cookie path to the root level (/).
This library sets the following cookies:
For customers that are using Google Analytics’ Display Advertiser features, such as remarketing, a third-partyDoubleClick cookie is used in addition to the other cookies described in this document for just these features. For more information about this cookie, visit the Google Advertising Privacy FAQ.
FibreCRM must inform our website visitors where and when we set cookies on our website, and clearly explain what those cookies do (and why they do it). FibreCRM must also gain the website visitor`s consent. That consent can be implied but must be knowingly given.
There is an exception for some cookies that are essential for providing an online service at someone’s request. For example, to remember what is in their online basket, or to ensure security in online banking.
The same rules apply if FibreCRM uses any other form of technology to store or gain access to information on someone’s device.
What is a Cookie?
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when the user accesses a website. It allows the website to recognise that user’s device and store some information about the user’s preferences or past actions.
What does FibreCRM need to do to comply?
The rules on cookies are in regulation 6 of the GDPR, FibreCRM must:
If FibreCRM does this the first time we set cookies, we do not have to repeat it every time the same person visits your website. However, we must always consider that devices may be used by different people. If there is likely to be more than one user, FibreCRM may repeat this process at suitable intervals.
What else is covered, apart from Cookies?
Although this policy focuses on cookies, regulation 6 of the GDPR applies to anyone who stores information on a user’s device or gains access to information on a user’s device, in either case by any method.
This means the same rules apply to any similar technologies – such as Local Shared Objects (sometimes called Flash cookies) – and can also cover other types of technology, including apps on smartphones, tablets, smart TVs or other devices.
These rules also outlaw spyware or any similar covert surveillance software that downloads to a user’s device and tracks their activities without their knowledge.
What information must FibreCRM give our users?
PECR do not set out exactly what information you must provide or how to provide it – this is up to you. The only requirement is that it must be “clear and comprehensive” information about your purposes. You must explain the way the cookies (or other similar technologies) work and what you use them for, and the explanation must be clear and easily available. Users must be able to understand the potential consequences of allowing the cookies. You may need to make sure the language and level of detail are appropriate for your intended audience.
This is like the transparency requirements of the first data protection principle (privacy notices).
What counts as consent?
Consent does not necessarily have to be explicit ‘opt-in’ consent. Implied consent can also be valid. If FibreCRM is relying on implied consent, we need to be confident that our users fully understand that their actions will result in cookies being set. However, in some circumstances (for example, collecting sensitive personal data such as health details) it is likely that explicit opt-in consent is more appropriate.
Does FibreCRM need consent from the subscriber or from the user?
Regulation 6 states that consent should be obtained from the Subscriber or User.
‘Subscribers’ and ‘Users’:
PECR defines subscribers and users as follows:
Subscriber: “a person who is party to a contract with a provider of public electronic communications services for the supply of such services”
User: “any individual using a public electronic communications service”
The subscriber is the customer who has a contract with the service provider – in other words, the person named on the bill for the telephone line or internet connection, or the person who owns the SIM card on a pay-as-you-go mobile contract. This may be an individual or an organisation.
The user is any individual using the phone or internet connection. This will not always be the same person as the subscriber – for example they might be the subscriber’s employee, a customer, a family member or a friend.
‘Corporate Subscribers’ and ‘Individual Subscribers’:
Corporate Subscriber: Subscribers that are a corporate body with separate legal status. This includes companies, limited liability partnerships, Scottish partnerships, and some government bodies.
Individual Subscriber: Individual customers (including sole traders) and other organisations (e.g. other types of partnership).
In practice FibreCRM may not be able to tell who the subscriber is and who is a user – which means we may not be able to distinguish between consent provided by the subscriber and by the user. The key will be that valid consent has been provided by one of them.
PECR does not say whose wishes should take precedence if they are different. If there appears to be a conflict – for example, if a subscriber or user previously consented but now the current user of the same device objects – FibreCRM will rely on the most recent indication. This would mean we always respect the current user’s preferences, even if we cannot be sure of the subscriber’s preferences.
There is an exemption if:
This means FibreCRM is unlikely to need consent for:
However, it is still good practice to provide users with information about these cookies, even if you do not need consent.
FibreCRM will (where necessary) refer to the opinion adopted by European data protection authorities in June 2012 (Article 29 Working Party opinion 04/2012), which clarifies that some usage of session-ID cookies, multimedia cookies, and user interface customisation cookies (eg language-preference cookies) is likely to fall within the information society services exemption.
Do the rules still apply if the data is anonymous?
Yes. Although cookies that process personal data give rise to greater privacy and security risks than those that process anonymous data, PECR apply to all cookies.
If FibreCRM cookie data is not anonymous, we will also need to comply with the Data Protection Act. FibreCRM may need to consider whether you could use anonymised data instead, to comply with the third data protection principle (which concerns personal data being adequate, relevant and not excessive). This is likely to be particularly relevant where you are not using the data to provide a service to the user – for example, if you are simply counting visitors to a website.
How do these rules affect apps?
Apps store information on smart devices, and some apps may also access information on the device (e.g. contacts or photos). App developers should therefore provide clear information to users about what the app does, and exactly how it uses their information, before users click to install the app.
we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.
Tremough Innovation Centre
Telephone: +44(0)203 598 0898