Privacy Policy

Definitions

The Privacy Policy of the Controller is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The Privacy Policy should be understandable for our customers, partners and the general public. Therefore, we would like to introduce the key terms used thereafter:

1. Personal Data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Data Subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

3. Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

5. Controller or Controller Responsible for the Processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

6. Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

7. Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

8. Third Party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

1. Name and Address of the Controller

The Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection is:

Suboptimal Limited

1 Lindsay Road,
Horfield,
Bristol
BS7 9NP
United Kindom

(hereinafter referred to as “Controller”).

This Privacy Policy applies to the following website(s): https://suboptimal.co.uk.

2. Automatically Collected Information

Our website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. Collected data may include the browser types and versions used, the operating system used by the accessing system, the website from which an accessing system reaches our website (so-called referrers), the sub-websites, the date and time of access to the website, an Internet protocol address (IP address), the Internet service provider of the accessing system, and any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to deliver the content of our website correctly, optimise the content of our website as well as its advertisement, ensure the long-term viability of our information technology systems and website technology, and provide law enforcement authorities with the information necessary for criminal prosecution. Therefore, we analyse collected data and information statistically, with the aim of increasing our data protection and data security and to ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from all personal data provided by a data subject.

This Privacy Policy applies to the Controller’s websites, which may include links to other external websites. If you submit personal or other information to any of those external websites, your information is subject to their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

4. The Right of Restriction of Processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Controller, he or she may at any time contact the controller. The Controller will arrange the restriction of the processing.

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the Controller.

6. Disclaimer

We take reasonable steps to help protect and secure your data (including against unauthorised access, modification and disclosure, and from other types of misuse, interference and loss). However, no data transmission over the Internet or wireless connection, or electronic storage of data, can be guaranteed to be completely secure. We cannot ensure or warrant the security of any information that we collect or store.

7. Data Encryption Policy

The website uses HTTP Secure (HTTPS) which ensures that communication between the Data Subject and the server is protected by a secure socket layer (SSL) encryption technology.

8. Privacy Issues Contact Email

privacy@suboptimal.co.uk

9. The Right of Complaint to the Supervisory Data Protection Authority

Irrespective of any other administrative or judicial remedies, you have the right of complaint to a Supervisory Authority, in particular in the Member State where you are residing, working or where you suspect the breach if you believe that the processing of personal data concerning you is against the GDPR.

The Supervisory Data Protection Authority at the Controller’s registered office is:

The Information Commissioner’s Office
Water Lane, Wycliffe House
SK9 5AF Wilmslow
United Kingdom
00441625545745
international.team@ico.org.uk

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

11. The Legitimate Interests Pursued by the Controller or by a Third Party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

12. Period for Which the Personal Data will be Stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

13. Provision of Personal Data as Statutory or contractual Requirement; Requirement Necessary to Enter into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law, or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

14. Security and Data Integrity

Safeguarding the information you give us or that we receive about you is a priority for the Controller. We take appropriate security measures to protect it against loss, misuse and unauthorised access, alteration, disclosure, or destruction. The Controller has taken steps to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services processing personal data, and will restore the availability and access to data in a timely manner in the event of a physical or technical incident.

15. Changes to This Privacy Policy

Please note that this Privacy Policy may change from time to time. If the Controller changes this Privacy Policy in ways that affect how we use your personal data, the Controller will advise you of the choices you may have as a result of those changes.

August 2020