Privacy Policy

GDPR Data Privacy

1. Introduction

ClipTraining is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR). It applies to all clients, potential clients, and partner clients we sub-contract with.

ClipTraining is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice. This notice applies to all clients, potential clients, and partner clients we sub-contract with in respect of whom we hold personal data. This notice does not form part of any contract of employment, a contract to provide services or any other contract. We may update this notice at any time. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

This policy and notices therein has been approved by ClipTraining’s Chief Executive Officer.

Throughout this document the use of the words “Us” or “We” refer to ClipTraining and the use of the words “You” or “Yours” refers to the target of this Privacy Policy (eg. staff who may be EU citizens) and/or the Data Subject.

2. Data Privacy

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

2.1. The kind of information we may hold 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). There are “special categories” of more sensitive personal data which require a higher level of protection.

Depending on the circumstances, we may collect, store, and use the following categories of personal information about you:

• Personal contact details such as name, title, addresses, telephone numbers, and email addresses
• Location of employment or workplace

2.2. How may your personal information be collected?

We may collect personal information about all clients, potential clients, and partner clients we sub-contract with in a number of different ways. This includes through our website and forms within our website and external organizations via Email/Web App Upload/Web App Entry. Individuals may provide us with their contact details as part of a discussion about our services. We may also collect personal data which is publicly available on websites such as jobs boards, LinkedIn, or similar recruitment-related websites. We may use third-party applications which source their data from publicly-available websites.

2.3. How we may use information about you

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

1. Where we are taking steps at your request prior to entering into a contract.
2. Where we need to perform a contract which we have entered into with you.
3. Where we need to comply with a legal obligation.
4. 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.

We may also use your personal information in the following situations, which are likely to be rare:

5. Where it is necessary to protect the vital interests of you or another person.
6. Where it is needed in the public interest or for official purposes.

2.4. Situations in which we may use your personal information

We may need the categories of information (in the section ‘The kind of information we hold about you’) for the reasons set out above (‘How we may use information about you’). Primarily this will be where we are taking steps at your request prior to entering into a contract and to perform a contract we have entered into with you (or your employer or a company related to you), and in some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we may process your personal information are listed below.

The list below indicates the categories of data which may be involved in processing your personal information (depending on the circumstances). The list also indicates, by numbers at the end of each category corresponding to the list in the box above ‘How we may use information about you’, the purpose or purposes for which we may process your personal information (depending on the circumstances).

• Determining or agreeing on contract terms. [1]
• Providing contractual benefits and services to you. [2]
• Administering the contract we have entered into with you. [2]
• Business management and planning, including accounting and auditing. [2], [3], [4]
• To contact you about a potential role or reference with a new client. [1], [2], [4]
• To contact you about your service requirements and customer service. [1], [2], [4]
• To propose a new service for engagement or change of service. [1], [2], [4]
• Education, training and development requirements. [2], [3]
• To prevent fraud. [1], [2], [3]
• Equal opportunities and Accessibility monitoring. [1], [2], [3]
• To contact you with information about our services. [1], [2], [4]
• To monitor your use of our services, information, and communication systems to ensure compliance with our policies. [1], [2], [3]
• To ensure network and information security, including preventing unauthorized access and preventing malicious software distribution. [1], [2], [3]
• To conduct data analytics studies to review and better understand client retention rates. [4]

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information. If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

2.5. Change of purpose

We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process your personal information without your knowledge or consent where this is required or permitted by law.

2.6. How we may use special categories personal information

“Special categories” of sensitive personal data require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information.

We may process special categories of personal information in the following circumstances:

1. Where we need to carry out our legal obligations or exercise specific rights (either yours or ours) in line with our data protection policy.
2. Where it is needed in the public interest, such as for equal opportunities monitoring and in line with our data protection policy.
3. In limited circumstances, with your explicit written consent. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

2.7. Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

2.8. Data Sharing

We may have to share your data with third parties, including third-party service providers and other entities. We require third parties to respect the security of your data and to treat it in accordance with the law. We may capture or transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.

We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

“Third parties” includes third-party service providers include contractors and designated agents, subcontractors, and cloud or system service providers.

All our third-party service providers and other entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business exercise, system maintenance support, and hosting of data. We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

We may collect or transfer the personal information we collect about you to the following countries outside the EU for the reasons we have set out above: United States of America (USA).

2.9. How long will you use my information for?

We will only retain your personal information 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 unauthorized 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. In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. We will retain and securely destroy your personal information in accordance with applicable laws and regulations. Further information can be found in ClipTraining’s Data Retention Policy DRP-001.

3.Rights of access, correction, erasure, and restriction

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your engagement with us. By law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.
• If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please write to us. No fee usually required
• You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
• We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
• In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
• More information can be found in ClipTraining’s GDPR Right To Erasure Request Form, GDPR Consent Form, GDPR Parent Consent and Withdrawal Form, GDPR-001-Cliptraining, and GDPR Data Subject Access Request Form

4. Right to data portability

The right to data portability gives you the right to receive personal data you have provided to ClipTraining (a controller) in a structured, commonly used and machine readable format. It also gives you the right to request that a controller transmits this data directly to another controller.

The right to data portability only applies when the lawful basis for processing this information is consent or for the performance of a contract; and we carrying out the processing by automated means (i.e. excluding paper files).

Information is only within the scope of the right to data portability if it is personal data of the individual that had been provided to ClipTraining.

The right to data portability only applies to personal data. This means that it does not apply to genuinely anonymous data. However, pseudonymous data that can be clearly linked back to an individual (e.g. where that individual provides the respective identifier) is within scope of the right.

The right to data portability entitles you to:

1. receive a copy of your personal data; and/or
2. have your personal data transmitted from one controller to another controller.

You have the right to receive your personal data and store it for further personal use. This allows you to manage and reuse your personal data.

ClipTraining will achieve this by either:

1. directly transmitting the requested data to the individual; or
2. providing access to an automated tool that allows the individual to extract the requested data themselves.

ClipTraining will research and ensure that we have an appropriate lawful basis for processing any third party data and that this processing does not adversely affect the rights and freedoms of other third parties. If we have received personal data which we have no reason to keep, we will delete it as soon as possible.

ClipTraining may refuse to comply with a request for data portability (wholly or partly). We may refuse to comply with a request if it is:

• falls under a legal exemption; or
• manifestly unfounded; or
• excessive.

In order to decide if a request is manifestly unfounded or excessive we will consider each request on a case-by-case basis.

5. Data protection Officer

We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO.

6. Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information. If you have any questions about this data protection / privacy notice, please contact us at DPO@cliptraining.com.