DIATOM Consulting SARL-S Privacy Policy
This is DIATOM Consulting’s privacy policy notice. DIATOM Consulting respects your privacy and is committed to protecting your personal data. This notice informs you how we manage your personal data in general – also when you visit our website (www.diatomconsulting.com) – and tells you about your privacy rights and how the law protects you. A glossary at the end assists you in better understanding some of the terms used.
1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how DIATOM Consulting collects and processes your personal data through your use of this website, including any data you may provide through this website, contact us to request further information, or apply to work with DIATOM Consulting as an employee or a consultant on one of our projects. This website is not intended for children and we do not knowingly collect data relating to children through the website. It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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.
1.2 CONTROLLER
DIATOM Consulting is the controller and responsible for this website. We have appointed a data privacy and compliance manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the manager at: gilles.hosch@diatomconsulting.com, or write or phone to: DIATOM Consulting / 21, rue Adolphe Omlor / L-2262 Luxembourg / Tel: +352 26649909. You have the right to make a complaint at any time to the National Data Protection Commission (CNPD), the competent authority for data protection (www.cnpd.public.lu/en.html) in the Grand Duchy of Luxembourg. We would, however, appreciate the opportunity to hear and assess any concern you may have before you approach the CNPD – so please do contact us in the first instance.
1.3 CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 18th September 2020 and may be updated in the future, in line with best practice and as a function of business needs. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data change during your relationship with us.
1.4 THIRD-PARTY LINKS
Our 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 policies.
2. 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 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;
• Financial data includes bank account;
• Transaction data includes details about payments to and from you and other details of products and services you have purchased from us;
• 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 any information you have given us on your interests, preferences, feedback and survey responses;
• Usage data includes information about how you use our website, products and services;
• Marketing and communications data include your preferences in receiving marketing from us and our third parties and your communication preferences.
We will not collect, use or share aggregated data such as statistical or demographic data derived from your personal data. We may collect certain 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) if you provide it, but will not ask or require such data. We may collect information about criminal convictions and offences.
2.1 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 product or service you have with us, but we will notify you if this is the case at such time.
3. HOW YOUR PERSONAL DATA IS COLLECTED
We use various methods to collect data from and about you including through;
Direct interactions: You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: apply to work with us as an employee or as a consultant on one of our projects, apply for our products or services, or give us feedback.
Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and similar technologies.
Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data within the limits of applicable law. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract, we are about to enter into or have entered into with you;
• 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;
• Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party 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.
4.1 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 reason depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal and legitimate ground we are relying on to process your personal data where more than one ground has been set out in the table below.
4.2 COOKIES
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 our website may become inaccessible or not function properly.
4.3 AUTOMATED DECISION-MAKING
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We do not envisage that any decisions will be taken about you using automated means.
4.4 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.
5. DISCLOSURE OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
• Internal Third Parties as set out in the Glossary
• External Third Parties as set out in the Glossary
• 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.
6. INTERNATIONAL TRANSFERS
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. 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 need to know. They will only process your personal data on our instructions, and they are subject to a confidentiality clause. 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.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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 requirements. By law we have to keep basic information about our customers and suppliers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers or suppliers for tax purposes. In some circumstances you can ask us to delete your data: see Request erasure below for further information. In some circumstances we may 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.
9. YOUR RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have 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 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 keep and/or 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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 products or 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.
9.1 NO FEE USUALLY REQUIRED
You will not usually 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, frivolous, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.2 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.
9.3 TIME LIMIT TO RESPOND
We endeavour to respond to all legitimate requests within one month. This may take longer if your request is particularly complex or you file multiple requests. In such case, we will notify you and keep you updated.
10. CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide a link and post an updated privacy notice when we make such changes. The policy is non-contractual. We may also notify you in other ways from time to time about the processing of your personal data.
11. GLOSSARY
Legitimate interest means the interest of DIATOM Consulting in conducting and managing our business to enable us to give you the best service/product 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal third parties means all staff working for DIATOM Consulting acting as joint controllers or processors.
External third parties means:
• Service providers acting as processors based in the Grand Duchy of Luxembourg and overseas;
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in all countries we operate in who provide consultancy, banking, legal, insurance and accounting services;
• The Government’s Revenue and Customs Administrations, regulators and other authorities acting as processors or joint controllers based in the Grand Duchy of Luxembourg and overseas jurisdictions who require reporting of processing activities in given circumstances;
• Clients for whom we complete projects.
GDPR refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119/1, 4.5.2016.
CNPD means the National Data Protection Commission of the Grand Duchy of Luxembourg and the office of any similar body within the European Economic Area, or any successor or replacement body.
Personal Data shall have the meaning ascribed to it in the applicable data protection legislation.
Data protection legislation means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the Processing of Personal Data to which a party is subject, including the GDPR and all legislation enacted in the European Economic Area in respect of the protection of personal data.
Controller has the meaning as set out in the applicable data protection legislation.