Pollypot Software (SM IT Services) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits our website, https://www.pollypotsoftware.org.uk (including https://shop.pollypotsoftware.org.uk) (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
1. Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”);|
|“We/Us/Our”||means SM IT Services, a sole trader registered in Coventry, UK.|
2. Information About Us
2.1 Our Site is owned and operated by SM IT Services.
3. What Does This Policy Cover?
4. Your Rights
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.1.1 The right to be informed about Our collection and use of personal data;
4.1.2 The right of access to the personal data We hold about you (see section 12);
4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 15);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 15);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 15 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
5. What Data Do We Collect?
5.1 your name and contact information including postal address, e-mail address and telephone number, even if you do not complete an order;
5.2 details of any purchase orders that you place through the website;
5.3 information you provide when you contact us or make enquires either directly via email or via the contact form;
5.4 product installation details (IP address, date and time and install count);
5.5 product download count;
5.6 last successful login date and time;
5.7 account registration date;
5.8 forum posts and activity;
5.9 your name associated with a GIT configuration you have provided for use in the Downloads section of the website;
5.10 analytics data (please see section 8.2);
5.11 credit/debit card details **.
** PLEASE NOTE THAT WE DO NOT STORE YOUR CREDIT/DEBIT CARD DETAILS ON OUR SITE ONCE THE ORDER IS COMPLETED OR CANCELLED!
6. How Do We Use Your Data?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
6.2.1 Completing an order (payment, invoice generation, account creation, user key generation, software download provision etc.);
6.2.2 Allowing account logins to access information about you (orders, addresses etc.) and access software downloads;
6.2.3 Processing payments with 3rd party payment providers (Stripe and Paypal).
6.2.4 Replying to emails from you;
6.2.5 Replying to a message from the Contact page;
6.2.6 Tailored advertising;
6.2.7 For internal accounting and regulatory purposes;
6.2.8 For statistical analysis to assess our business performance and to improve our products and services;
6.2.9 To minimise product theft and piracy;
6.2.10 To assist in providing product support;
6.2.11 To provide development credit for GIT configurations in the Downloads section of the website.
6.3 We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Third parties including Google whose content appears on Our Site may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods:
6.6.1 Order details including your name and address will be retained for at least 10 years to comply with EU VAT MOSS regulations.
6.6.2 Email address/account login name will be retained indefinitely so you can access your account and the support forum.
6.6.2 Credt/debit card details are retained until the order is completed or cancelled. We do not retain credit/debit card details on our Site.
6.6.3 Emails or messages from the Contact page regarding install count resets, download count resets and login issues will be retained for 6 months to monitor for software piracy and fraud.
6.6.4 Emails or messages from the Contact page regarding general enquires will be deleted after they have been replied to.
6.6.5 Product installation details will be retained for 6 months to monitor for software piracy and fraud.
6.6.6 Forum messages and posts will be retained indefinitely to assist others will similar support enquires.
7. How and Where Do We Store Your Data?
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR including:
7.2.1 Website encryption.
7.2.2 Servers are hosted in strictly controlled environments accessible only to certified employees. All facilities are ISO 27001, ISO 27018, and ISO 27017 certified, PCI & HIPAA Compliant, and comply with EU Model Clauses.
7.2.3 Databases/Servers are username and password controlled and limited to only necessary employees.
7.2.4 Brute force prevention to detect and stop multiple failed login attempts, which makes brute-force attacks accounts impractical.
7.2.5 Secure offices.
7.2.6 All emails sent securely using TLS encryption.
7.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
7.4 Steps We take to secure and protect your data include:
7.4.1 Our Site uses encryption.
7.4.2 Our Site runs multiple layers of security software to prevent brute force attacks and other types of hacking.
7.4.3 Our Site hosting is located in two datacentres in Manchester, United Kingdom. Both feature skilled, 24x7x365 onsite engineers, redundant N+1 UPS and N+1 diesel generators, fire suppression and VESDA detection systems. Both Manchester datacentre facilities have leading accreditations (ISO 27001, ISO 9001, ISO 14001, and PCI DSS) and best practice security and access controls.
7.4.4 Our Site's content management system and databases are username and password secured.
7.4.5 Our Site hosting provides firewall and security services to help prevent unauthorised access to Our Sites and data.
7.4.6 All emails are sent using TLS encryption.
7.4.7 Payment details are sent encrypted to 3rd party payment providers for processing.
8. Do We Share Your Data?
8.1 We do contract with third parties to supply services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
8.2 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.3 We do use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR. We use the following third party data processors:
8.3.1 PayPal for payment processing. See https://www.paypal.com/en/webapps/mpp/ua/privacy-full
8.3.2 Stripe for payment processing. See https://stripe.com/privacy
8.4 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9. What Happens If Our Business Changes Hands?
9.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
10. How Can You Control Your Data?
10.1 When you submit personal data via Our Site, you may be given options to restrict Our use of your data.
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
10.3 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it. If you request deletion of your data/account, please note the following:
10.3.1 You will no longer have access to your purchased software, user keys and downloads.
10.3.2 We have to retain your order details for EU VAT MOSS purposes for 10 years. This information will therefore be retained and stored securely away from the Site.
10.3.3 Your forum account is different to your main account used for purchasing and software downloads. You can request for either or both of these accounts and the associated data to be deleted.
10.3.4 If you request that your forum account is deleted, We will only remove posts and messages that can identify you or contain personally identifiable information.
10.3.5 Requesting that your forum account is deleted so You can get removed from a ban list will be rejected and seen by Us as a legitimate interest under GDPR.
11. Your Right to Withhold Information
11.1 You may access most of Our Site without providing any data at all. Placing an order will require the submission of personal data.
12. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details using the contact details below in section 15.
13.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for advertising and payment processing. For more details, please refer to section 6, above, and to section 13.6 below. Some of these Cookies are integral to the functioning of Our Site and your use and experience of Our Site may be impaired by refusing consent to them.
13.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.4 Before Cookies are placed on your computer or device, you will be shown a prompt at the bottom of Our Site requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. In particular the "Shop" function will no longer work and you will not be able to place an order. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
13.5 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.10, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.6 The following first party Cookies may be placed on your computer or device:
Name of Cookie
Tracks your decision on cookies so you are not continually prompted.
<random numbers and letters>
Website session and language tracking
Vanilla, Vanilla-Vv, Vanilla-tk
Forum account and session tracking
13.7 Our site uses advertising cookies from Google's AdSense service to serve ads based on your previous visits to Our Site or other websites. Google's use of advertising cookies enables it and its partners to serve ads to you based on your visit to Our Site and/or other sites on the Internet. You may opt out of personalised advertising by visiting Googles Ads Settings.
13.8 The following third party Cookies may be placed on your computer or device:
Name of Cookie
1P_JAR, CONSENT, DV, IDE, NID, UULE, ANID
Google and google advertising network doubleclick.net. They may also be provided by gstatic.com which is a google subsidiary.
To customise the advertising you see across their networks and with our advertising on those platforms
Facebook app that allows you to easily share web site pages on Facebook
lidc, _ga, visit, bcookie, bscookie
LinkedIn app that allows you to easily share web site pages on LinkedIn
|PYPF||PayPal||To allow PayPal payments||Yes (to place orders)|
|_stripe_mid||Stripe||To allow Stripe payments||Yes (to place orders)|
13.9 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.10 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.11 The analytics service(s) used by Our Site use(s) the following Cookies:
Name of Cookie
First / Third Party
_ga, __gat, _gid
Used to distinguish users and throttle request rate for Google Analytics.
Contains campaign related information for the user. If you have linked your Google Analytics and AdWords accounts, AdWords website conversion tags will read this cookie unless you opt-out.
13.13 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.14 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings, placing orders, and downloading software.
13.15 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
14. Use by Minors
15. Contacting Us
15.2 If you wish Us to enact any of your rights under the GDPR regarding your main Site account (please see Section 10.3); login to your account and in "My Profile" send a message to Us via the "GDPR Request" tab. Please ensure your request is clear.
15.3 If you wish Us to enact any of your rights under the GDPR for your support forum account (please see Section 10.3); login to your forum account and send a message to "admin_pps". You can do this by clicking on "Inbox" in the forum, then click the "New Message" button and then in the Recipients field type admin_pps. Please ensure your request is clear.