Privacy Policy

INTRODUCTION

Date of last update: April 16, 2024

ACF Technologies (UK) Limited (company, we, us and our) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy policy also explains how our affiliate ACF Technologies, Inc. complies with the EU-U.S. Data Privacy Framework and related UK and Swiss programs.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data through your use of this website.

This website is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

ACF Technologies (UK) Limited is the data controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy notice or our data protection practices, please contact our DPO using the following details:

Email: laurence.leach@acftechnologies.com

Post: Suite A, 1st Floor Midas House, 62 Goldsworth Road Woking UK, GU21 6LQ

Telephone: +44 (0) 333 600 8090

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. Any complaints relating to ACF Technologies, Inc.’s compliance with the Data Privacy Framework should be addressed as described in the “ACF Technologies, Inc. and the Data Privacy Framework” section further below.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 27 November 2023.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes address, email address and telephone numbers.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity or Contact data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  1. apply for our products or services;
  2. create an account on our website;
  3. subscribe to our service or publications;
  4. request marketing information to be sent to you;
  5. enter a competition, promotion or survey; or
  6. give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:

Technical Data from the following parties:

1. 1. Analytics providers such as Google based outside the UK;
   2. Advertising networks such as LinkedIn, X, Facebook, Instagram and Google, YouTube based inside or outside the UK; and
   3. Search information providers such as Google based inside or outside the UK.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Performance of a contract: where we need to perform the contract, we are about to enter into or have entered into with you.
• Legitimate interests: 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. Legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do 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).
• Legal obligation: where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below. 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which goods or services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, product or service experience or other transactions.

Cookies

Our website uses cookies to distinguish you from other users of our website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

We use "analytical" cookies, which allow us to recognise and count the number of visitors and to see how visitors move around the site 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.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

You can find more information about the individual cookies we use and the purposes for which we use them within our cookies policy.

We do not share the information collected by the cookies with any third parties.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may share your personal data with the parties set out below:

1. Other companies in the Group who are based outside the UK and provide IT and system administration services and undertake analysis, assistance and reporting.
2. Service providers acting as processors who provide IT and system administration services.
3. Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
4. HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
5. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

We share your personal data within our Group. This will involve transferring your data outside the UK.A number of our external third party processors are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• We may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
• Some of transfers of personal data to the United States may take place on the basis of the recipient’s participation in the UK Extension to the EU-U.S. Data Privacy Framework. For example, we may transfer certain personal data to our affiliate ACF Technologies, Inc. on this basis, as described in the next section of this privacy policy.
  
  

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

ACF Technologies, Inc. and the Data Privacy Framework

Our affiliate ACF Technologies, Inc. receives business contact data (such as name, email address, job title, and business name) about individuals who submit it to our website to learn about our products and services. We will refer to this data as the “Transferred Personal Data.” ACF Technologies, Inc. uses Transferred Personal Data for sales and marketing purposes, for related IT and system administration purposes, to enforce and comply with contractual agreements, and to comply with applicable law. ACF Technologies, Inc. may disclose Transferred Personal Data as described above in the “Disclosures of your personal data” section of this privacy policy. This includes, where legally permitted, disclosures in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

ACF Technologies, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF (UK DPF Extension), and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. ACF Technologies, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of Transferred Personal Data transferred to it from from the EEA and UK in reliance on the EU-U.S. DPF and the UK DPF Extension. ACF Technologies, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of Transferred Personal Data transferred to it from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles for such Transferred Personal Data, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

ACF Technologies, Inc. is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC) with respect to its compliance with the EU-U.S. DPF, UK DPF Extension, and Swiss-U.S. DPF.

Covered individuals are able to exercise certain choices under the EU-U.S. DPF, UK DPF Extension, and the Swiss-U.S. DPF regarding how their personal data is used and shared by ACF Technologies, Inc., and may access, correct, or delete certain personal data it holds, or request to limit its use or disclosure of such information, by emailing it at compliance@acftechnologies.com and stating their request.

In the context of an onward transfer of data, ACF Technologies, Inc. is responsible for the processing of personal data it receives under the EU-U.S. DPF, UK DPF Extension, or the Swiss-U.S. DPF and subsequently transfers to a third party acting as an agent on its behalf. ACF Technologies, Inc. has certain liability under the Principles if its agent processes such personal data in a manner inconsistent with the Principles, unless ACF Technologies, Inc. is not responsible for the event giving rise to the damage.

In compliance with the EU-U.S. DPF, UK DPF Extension, and the Swiss-U.S. DPF, ACF Technologies, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal data. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of Transferred Personal Data (as defined above) that is transferred in reliance on the EU-U.S. DPF and the UK DPF Extension, and the Swiss-U.S. DPF should first direct any questions, concerns or complaints to ACF Technologies, Inc. at compliance@acftechnologies.com. We will attempt to answer your questions and satisfy your concerns in a timely and complete manner. 

In compliance with the EU-U.S. DPF, UK DPF Extension, and the Swiss-U.S. DPF, ACF Technologies, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, UK DPF Extension, and the Swiss-U.S. DPF to an independent dispute resolution mechanism operated by JAMS, an alternative dispute resolution provider based in the United States. Please contact ACF Technologies, Inc. first at compliance@acftechnologies.com. If we do not respond to your complaint within 45 days, or if after discussing the matter with ACF Technologies, Inc., your issue or complaint is not resolved to your satisfaction, you can visit JAMS at https://www.jamsadr.com/file-a-dpf-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.

In certain circumstances, if your complaint has not been resolved after first raising it with ACF Technologies, Inc., following the JAMS procedure above, and taking certain other steps, complaints may be resolved through binding arbitration, as described in Annex I of the Data Privacy Framework, at https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

• Request access to your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Contact information

For direct contact to ACF Security and Compliance Department please reach out to:

Email: compliance@acftechnologies.com
Phone: +1 (828) 398-0040