TYLLR PRIVACY NOTICE

Introduction

Your privacy and trust are important to us. This privacy notice sets how we handle personal data in connection with the website; application, including mobile application; product or service that links to this privacy notice (our “Services”). This privacy notice applies only to our relationship with you as a visitor or user (“user”, “you”, “your”) of our Services. It does not apply to our handling of personal data regarding any other groups including our employees, contractors, job applicants, third party business partners or suppliers, which are governed by separate privacy notices.

This privacy notice does not apply to any website, application, product or service that links to its own privacy statement or is offered by third parties (“Third Party Services”). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control and are not responsible for Third Party Services or for their privacy statements and encourage you to read any such privacy statements carefully when accessing their sites and services.

Who we are and how can you contact us?

In this privacy notice, the terms “tyllr”, ‘we’, ‘us’ refer to Tyllr Limited (a company registered in England under number 13406510) with our registered office at 28 Kensington Street, Brighton, BN1 4AJ, United Kingdom.

tyllr acts as a controller of your personal data where we determine how and why personal data can be used. This privacy notice does not however apply to where we act as a processor or service provider to another controller, such as our customers.

If you have any questions about this privacy notice, including any requests to exercise your legal rights or other queries or complaints, please contact us at dpo@tyllr.co.

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

We keep our privacy notice under regular review. This version was last updated on 22nd May 2024.

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.

What personal data do we collect and process?

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 and Contact Information: name, address, phone number, social media user ID, email address

· Account Information: account ID, User ID, password, account profile, settings and preferences, subscriptions and registrations

· Billing and Payment Information: payment and payment card information or bank account information, billing contact details and delivery details

· User Contributions and User Content: personal information in any content and communications uploaded, sent, shared, or inputted through our Services or via our networks and infrastructure, including feedback you provide to us and the content of any communications between you and us or sent via our network and Services

· Technical Information: 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.

· Usage Data includes information about how you use our websites, products and services such as search and browsing history, user journey history including clicks, navigation, user actions; and usage and diagnostic analytics and metrics.

· 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 notice.

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.

Children: our Services provide information and services intended for managers and professionals. We do not knowingly collect personal data from children under the age of 16.

How do we collect personal data?

We collect personal data about you either directly from you, from certain third parties (such as your employer or the subscriber providing access to our Services), or from other sources (such as publicly available sources) as set out in this section:

· Direct interactions. You may voluntarily give us personal data when you interact with us and our Services, such as when you register for our Services, fill in forms, communicate with us, including by requesting marketing to be sent to you or when you give us feedback or contact us by post, phone, email or otherwise.

· Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies. Please see the IP addresses and cookies section below for further details.

· Third parties or publicly available sources. We may receive personal data about you from various third parties such as from our third-party business partners, including data brokers and advertising partners, search engine providers; from your organizations; from governmental agencies who publish records; and other publicly or generally available sources, including online websites.

How do we use your personal data?

This section includes details of the purposes for which we use personal data and the different legal reasons – also called legal basis – for processing your personal data. The most common legal reasons for which we will use your personal data are:

· 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. 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).

· 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 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 at dpo@tyllr.co.

Further details of the lawful basis for our different types of processing are set out below:

Purpose/Activity

Lawful basis

To fulfil our contractual obligations, including registering your account and providing our Services

Communicate with you about our Services

· Performance of a contract

· As outlined in your consents or instructions

To manage our relationship with you which will include:

· notifying you about changes to our terms or privacy notice

· asking you to leave a review or take part in a survey

· Performance of a contract

· To comply with a legal obligation

· For our legitimate interests (to keep our records updated and to study how customers use our Services)

To enable you to take part in a survey, promotion or competition

· Performance of a contract

· For our legitimate interests (to study how customers use our Services, to develop them and grow our business)

To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

· For our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

· To comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

· For our legitimate interests (to study how users use our Services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, Services, marketing, customer relationships and experiences

· For our legitimate interests (to define types of customers for our Services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about Services that may be of interest to you

· For our legitimate interests (to develop our Services and grow our business)

Promotional offers from us

We may use your personal 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 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 Services from us and you have not opted out of receiving that marketing.

Third party marketing

We will not share your personal data with any third party for marketing purposes.

Opting out

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

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of the use of our Services or other transactions.

IP addresses and cookies

Our sites use cookies to distinguish you from other users of our websites. This helps us to provide you with a good experience when you use our websites and also allows us to improve our websites. By continuing to use our websites, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device's hard drive.

We use functionality cookies to maintain a user’s login state, which are necessary for the operation of the site.

We use tracking cookies to recognise you when you return to our sites, if you have selected the “remember me” option. This enables us to personalise our content for you, greet you by name and remember your preferences (for example your choice of language or region).

You may refuse to accept these cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our sites.

We may also use Google, ActiveCampaign, Thinkific and Xata software to collect information about how you use the Services. We do this to help make sure our Services are meeting the needs of our users and to help us make improvements.

Google (IT system management and email). Please see Google’s privacy policy. Google’s servers are hosted in data centers in multiple global locations. Details of the legal mechanisms under which Google transfers data are set out on the Google data transfer frameworks page.

ActiveCampaign (automated e-mail marketing platform) - based in the USA. Please see ActiveCampaign’s privacy policy. Transfers of personal data to ActiveCampaign are made in accordance with the Standard Contractual Clauses authorized under European Union law.

Thinkific (e-Learning platform used to host online Mavericks Unlimited training courses) - a Canadian company that may transfer personal data to other countries (including Canada and the USA) according to Thinkific’s privacy policy. Canada has been granted adequacy status by the EU and UK in relation to data protection and data stored by Thinkific in the USA is stored on Amazon Web Services (AWS) servers according to the AWS privacy notice.

Xata (External Database Service) - Based in the USA. Xata is used as an external database to store non-personal user information, such as bookmarking and recently viewed items. These entities are linked through a series of IDs and do not contain any personal user information. Please see Xata’s privacy policy. Data stored by Xata is hosted on servers located in the United States and the European Union. Transfers of personal data to Xata are made in accordance with the Standard Contractual Clauses authorized under European Union law.

Where we store your personal data

Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA).

Protecting your data outside the EEA

The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway.

We may transfer personal data that we collect from you to third-party data processors in countries that are outside the UK or the EEA such as the USA.

For example, this might be required in order to fulfil your order, process your payment details or provide support services.

If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the UK or the EEA. For example, our contracts with third parties stipulate the standards they must follow at all times.

Do we need to disclose your personal data?

We may share your personal information with the parties set out below for the purposes set out in the table above:

· Internal third parties, meaning members of our group of companies.

· External third parties such as:

· Service providers who provide IT and system administration services.

· Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

· HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.

· 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.

How do we keep your personal data secure?

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.

How long will we use your 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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at dpo@tyllr.co. All tracking data is stored for a maximum of 5 years and financial information is stored for 7 years.

In some circumstances you can ask us to delete your data: see An overview of your legal rights below for further information.

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.

What are your legal rights?

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 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:

o If you want us to establish the data's accuracy.

o Where our use of the data is unlawful but you do not want us to erase it.

o 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.

o 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.

To ask for your information please contact us at dpo@tyllr.co.

If we choose not to action your request we will explain to you the reasons for our refusal.

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 verify your identity before proceeding with any request you make under this privacy notice. 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.

If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

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.