This is a privacy policy about the data we collect and how we use it at Email Marketing Heroes, which is a branded trading name of Tiapos Limited, a Registered Limited Company registered in the UK #10076100.
Tiapos Limited
Town Hall Chambers
High Street east
Wallsend
TYNE AND WEAR
NE28 7AT
UK
Data We Collect
We collect various data from users of our websites and applications including Name, Email Address, Billing Information, Phone Numbers, Address.
This data is collected by manual forms the subscriber completed and submitted through web forms and order forms on our various web pages online.
This may be through free offers, lead magnets, free events and contests that subscribers may register for when entering their contact information.
We also use third party tools and tracking pixel code such as IP address, Cookies Facebook and Google to improve the experience of using our websites and inform our advertising.
Use of Data
The data is collected in order to communicate about our products and services, improve visitor experience on our websites and assist with our advertising and marketing activities.
We will use the contact details provided by the Subscriber to send regular emails containing a combination of useful content and information about our products and services.
Every email contains an automatic Unsubscribe link in the bottom of the email and can be used by a Subscriber at any time to opt out of our email communications from us automatically at any time.
(Note that opting out like this will mean we are unable to email at all including product updates etc).
Our resources (paid and free) are delivered through our members area to keep our content secure and for ease of access by Subscribers and Customers. The resources may be accessed 24/7 when convenient for the user.
Data Sharing
Data securely stored in encrypted Amazon Databases and in our CRM system Keap by Infusionsoft. The data may also be used to generate advertising audiences in advertising platforms such as (but not exclusive to) Meta (Facebook. Instagram etc) and Google.
We will never sell personal information with any third party.
Storage of Data
Data of customers is kept indefinitely unless a customer makes a written request to exercise their right to be forgotten. This data is stored in order to allow customers to continue accessing their purchases.
Non customers subscribed to our email list remain on our email list as long as they are Active. Active is defined as having clicked a link in an email within the past 60 days. Once 60 days of inactivity is noted they will be given 14 days of re-engagement emails to encourage them to re-engage. If at the end of that 14 day re-engagement period they have not clicked or replied they will be queued for deletion from our database. The only exception will be if they are in fact a customer (defined as having made a purchase) and they will remain in our database as per the previous paragraph above.
What are your rights?
Under data protection legislation, you have several rights regarding the use of your personal data, as follows:
If at any point you wish to either confirm whether your personal data is being processed and/or access the data we hold on you, you can request to see this information, usually free of charge, and we will respond to this request within a month.
You also have the right for certain data you have provided to us to be provided to you in a structured and commonly used electronic format (for example, a Microsoft Excel file), so that you can move, copy or transfer this data easily to another data controller. You may also request that we transmit this data directly to another organisation where it is practical for us to do so.
You are entitled to have data deleted if it is no longer needed or there is no longer a legitimate reason for the processing, or if the data in question has otherwise unlawfully been processed. You may also request deletion of your personal data if it was only being processed as a result of you consenting to this and you now withdraw your consent.
You have the right to object to the processing of your personal data (note that this only provides you with the right to raise your objections, not a blanket right to have any and all processing cease).
You have the right to restrict the processing of your personal data under certain circumstances, including if you have consented to its accuracy and while this is being verified by us, or if you have objected to its processing and while we are considering whether it has legitimate grounds to continue to do so.
How to complain about the use of your data
If you wish to raise a complaint about how we have handled your personal data, including in relation to any of the rights outlined above, you can contact us here, and we will investigate your concerns.
If you are not satisfied with our response, or believe we are processing your data unfairly or unlawfully, you can complain to the Information Commissioner’s Office (ICO). You can find further information about the ICO and their complaints procedure here: https://ico.org.uk/concerns/
Data Processing Agreement
The following Data Processing Agreement governs the terms by which we, as a data processor, process data on behalf of you, our customers, (who are typically data controllers) in accordance with Article 28 of the EU GDPR and other data protection and privacy laws that may be applicable.
When The Processor is required to store and/or use any of The User’s data or that of their contacts it is done securely via SSL Certified connections and stored on Amazon’s Relational Databases in the UK, which automatically encrypt the date in them.
The main risk to security is always the human risk, so we recommend that Users use unique, complex and secure passwords and do not share their login information with anyone.
This Data Processing Agreement (“Agreement“) forms part of the Contract for
Services (“Principal Agreement“) between the User and Email Marketing Heroes,
(the “Data Processor”), (together as the “Parties”).
WHEREAS
(A) The User acts as a Data Controller.
(B) The User wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the 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 on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;
1.1.2 “User Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of User pursuant to or in connection with the Principal Agreement;
1.1.3 “Contracted Processor” means a Subprocessor;
1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 “EEA” means the European Economic Area;
1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;
1.1.8 “Data Transfer” means:
1.1.8.1 a transfer of User Personal Data from the User to a Contracted Processor; or
1.1.8.2 an onward transfer of User Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.9 “Services” means the services the User provides.
1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the User in connection with the Agreement.
1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Processing of User Personal Data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of User Personal Data; and
2.1.2 not Process User Personal Data other than on the relevant User’s documented instructions.
2.2 The User instructs Processor to process User Personal Data.
3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the User Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant User Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4. Security
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the User Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
5. Subprocessing
5.1 Processor shall not appoint (or disclose any User Personal Data to) any Subprocessor unless required or authorized by the User.
6. Data Subject Rights
6.1 Taking into account the nature of the Processing, Processor shall assist the User by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the User obligations, as reasonably understood by User, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify User if it receives a request from a Data Subject under any Data Protection Law in respect of User Personal Data; and
6.2.2 ensure that it does not respond to that request except on the documented instructions of User or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform User of that legal requirement before the Contracted Processor responds to the request.
7. Personal Data Breach
7.1 Processor shall notify User without undue delay upon Processor becoming aware of a Personal Data Breach affecting User Personal Data, providing User with sufficient information to allow the User to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall co-operate with the User and take reasonable commercial steps as are directed by User to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
8. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the User with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which User reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of User Personal Data by, and taking into account the nature of the Processing and information available to, the User Processors.
9. Deletion or return of User Personal Data
9.1 Subject to this section 9 Processor shall promptly and in any event within 30 business days of the date of cessation of any Services involving the Processing of User Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those User Personal Data.
10. Audit rights
10.1 Subject to this section 10, Processor shall make available to the User on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the User or an auditor mandated by the User in relation to the Processing of the User Personal Data by the Contracted Processors.
10.2 Information and audit rights of the User only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11. Data Transfer
11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the User. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12. General Terms
12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) disclosure is required by law;
(b) the relevant information is already in the public domain.
12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.
13. Governing Law and Jurisdiction
13.1 This Agreement is governed by the laws of England.
13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of England.
Email Marketing Heroes Privacy Policy
Last Updated: 31 August 2022
