This policy explains how we may collect and use your personal information and how you can control its use.
1. ABOUT THIS POLICY
1.1 Protecting your data, privacy and personal information is very important to Thunderhead (One) Limited and its group companies (collectively “Thunderhead”, “our”, “us” or “we”).
1.4 Our Website contains links to third party websites. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third-party websites.
2. INFORMATION WE MAY COLLECT
2.1 We may collect and process the following data about you:
Information that you provide to us. You will be asked to provide us with your information when you:
fill in forms on our Website;
correspond with us by phone, email or otherwise;
report a problem with our Website.
Information we collect about you. With regard to each of your visits to our Website we may automatically collect the following information:
device-specific information, such as your hardware model, operating system version, unique device identifiers, and mobile network information;
technical information about your computer, including where available, your IP address, operating system and browser type, for system administration and analytical purposes; and
details of your visits to, and activity on, our Website.
Information we receive from other sources. We may collect personal data provided to us by third parties (such as market research providers and business data repositories).
Children’s information. Our Website in not intended for or targeted at children under 16, and we do not knowingly or intentionally collect personal information about children under 16 If you believe that we have collected personal information about a child under 16, please contact us at DataProtectionOfficer@Thunderhead.com, so that we may delete the information.
3. HOW WE USE YOUR INFORMATION AND JUSTIFICATION OF USE
3.1 Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the ground in respect of each use of your personal data in this policy. These are the principal grounds that justify our use of your information:
Consent: where you have consented to our use of your information (you are providing explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstance detailed below by notifying us);
Contract performance: where your information is necessary to enter into or perform our contract with you;
Legal obligation: where we need to use your information to comply with our legal obligations;
Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and
Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you or a third party.
3.2 We use information held about you (and information about others that you have provided us with) in the following ways:
|Types of Information Collected||Processing Location||Processor||Uses of that Information||Use Justification|
|First and last name, business phone number, mobile phone number, email address, job title, address, Twitter username, LinkedIn URL, details of Thunderhead events attended, marketing preferences.||US||Oracle Eloqua|
|To market events, products and/or services provided by Thunderhead that we believe will be of interest to you.||Legitimate interests (we will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you).|
|Website visit and clickstream history, IP address, DNS lookups, page views, page view length, referring sources, device type, Website behavior (linked to first and last name and company).||US||Thunderhead One Inc.|
|First and last name, work email, work and personal phone, address.||US||Oracle Eloqua|
|Prospect information for sales account management and billing.||Legitimate interest (to manage sale processes).|
|Name, email address and information provided in Website forms (including comments or questions) and related correspondence.||US||Oracle Eloqua|
|To enable us to contact you/send information that you have requested.||Contracts Performance (to take steps at the request of the data subject prior to entering into a contract).|
|First and last name, email address||EU||Docebo||Information used by our Learning Management System (LMS) to track course completion status, leaning skills mappings, and evaluations||Consent|
3.3 When you communicate with us by telephone or video link, we may record the audio and/or video call for quality control, training, or marketing purposes. All recordings are stored securely. We will not share the recordings with any third party (unless we are required to do so by law) or distribute the recordings outside of the Thunderhead group of companies.
3.4 We will not sell your personal data (or any other data you provide us with) to third-parties; however, we reserve the right to share any data which has been anonymised and/or aggregated. You acknowledge and accept that we own all right, title and interest in and to any derived data or aggregated and/or anonymised data collected or created by us.
4. DISCLOSURE OF YOUR INFORMATION
4.1 We may also disclose your personal information to third parties in the following circumstances:
|Purpose of disclosure and third party(s) to which disclosure might be made||Use Justification|
|We may disclose your personal information to our service providers, business partners, analytics providers and group companies (including Thunderhead One Inc).||Legitimate interests (to assist us in the provision of the Website and marketing and for improvement and optimization of the Website).|
|If Thunderhead or substantially all of its assets are acquired by a third party, personal information about our customers will be one of the transferred assets.||Legitimate interests (to dispose of our business).|
|If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Thunderhead, our customers, or others.||Legal obligation.|
|Fraud Prevention and checks. We and other organizations may also access and use your personal information to conduct credit checks and checks to prevent fraud. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevent agencies.||Legitimate interests (to assist with the prevention of fraud and to assess your risk profile)|
|We may disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with proceedings or investigations anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.||Legitimate interests (to cooperate with law enforcement and regulatory authorities), legal claim.|
5. DATA SECURITY
5.1 No data transmission over the internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.
5.2 Sensitive information between your browser and our Website is transferred in encrypted form using secure Socket Layer (“SSL”) or equivalent cryptographic protocols using certificates issued by a trusted third-party authority. When transmitting sensitive information, you should always make sure that your browser can validate the Thunderhead certificate.
5.3 All information you provide to us is stored on our, or our subcontractors’, secure servers and accessed and used subject to our security policies and standards. We use hosted services (such as Oracle Marketing Cloud and Salesforce) in the course of our business, including for the provision of marketing and sales activities.
5.4 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share your password with anyone.
6. EXPORTS OUTSIDE THE EEA
6.1 Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the European Economic Area (EEA) in which data protection laws may be of a lower standard than in the EEA. Regardless of location or whether the person is an employee or contractor, we will impose the same data protection safeguards that we deploy inside the EEA.
6.2 Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which have not had these approvals, we will either ask for your consent to the transfer or transfer it subject to European Commission approved contractual terms that impose equivalent data protection obligations directly on the recipient, or the Privacy Shield Framework unless we are permitted under applicable data protection law to make such transfers without such formalities.
6.3 Please contact us if you would like to further details of the specific safeguards applied to the export of your personal data.
7. EU-U.S. & SWISS-U.S. PRIVACY SHIELD
7.2 The Federal Trade Commission has jurisdiction over Thunderhead’s compliance with the Privacy Shield. In certain situations, we may be required to disclose personal information requested by government authorities, including for national security or law enforcement purposes.
7.3 Thunderhead commits to cooperate with The UK Information Commissioner’s Office and/or the Swiss Federal Data Protection and Information Commissioner and comply with the advice given by UK Information Commissioner’s Office and the Swiss Federal Data Protection and Information Commissioner with regard to personal data transferred from the EU, EEA and Switzerland.
8. HOW LONG WE RETAIN YOUR PERSONAL DATA
8.1 We will hold the above information for as long as is necessary in order to conduct the processing detailed in the table above, deal with any specific issues that may raise, or otherwise as is required by law or any relevant regulatory body. Some personal data may need to be retained for a longer period of time to ensure Thunderhead can comply with applicable laws and internal compliance procedures, including retaining your email address for marketing communication suppression if you have opted not to receive any further marketing.
8.2 If information is used for two purposes, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period when that period expires.
8.3 We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised (and the anonymised information may be retained) or securely destroyed. 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 requirements.
9. YOUR RIGHTS
9.1 Under the General Data Protection Regulation (EU) 2017/676, California Consumer Privacy Act (CCPA), and Privacy Shield Framework, you have various rights in relation to your personal data. All of these rights can be exercised by either:
Emailing us at: DataProtectionOfficer@thunderhead.com
Calling us at:
- North America: +1 877 838 8945
- Europe: +44 (0) 203 695 4629
9.2 In certain circumstances, you have the following rights in relation to your personal data:
|Right of Access||You have the right to obtain from us information as to whether your personal data is being processed and, where that is the case, access to such personal data.|
|Right to Rectification||We will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.|
|Right to erasure / ‘Right to be forgotten’||Asking us to delete all of your personal data will result in Thunderhead deleting your personal data without undue delay (unless there is a legitimate and legal reason why Thunderhead is unable to delete certain of your personal data, in which case we will inform you of this in writing).|
|Right to restriction of processing||You have the right to ask us to stop processing your personal data at any time.|
|Right to data portability||You have the right to request that Thunderhead provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so and the processing is based on consent or contractual performance.|
|Right to complain||Although we encourage our customers to engage with us in the event they have any concerns or complaints, you have the right to lodge a complaint to a supervisory authority such as the UK Information Commissioner’s Office or the Swiss Federal Data Protection and Information Commissioner. Under certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means.|
|Right to not be subject to discrimination for the exercise of rights||Under no circumstances will Thunderhead refuse goods or services to individuals who exercise their consumer rights.|
9.3 When exercising these rights, Thunderhead will require verifiable proof of identity to confirm the identity of the requestor.
9.4 Thunderhead will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above; however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. Where we are required to provide a copy of the personal data undergoing processing this will be free of charge; however, any further copies requested may be subject to reasonable fees based on administrative costs.
9.5 Where you request Thunderhead to rectify or erase your personal data or restrict any processing of such personal data, Thunderhead may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right.
10.2 For detailed information on the cookies we use and the purposes for which we use them, refer to our cookie consent preference center. These preferences can be updated at any time.
10.3 Most internet browsers are configured to automatically accept cookies. These settings can be modified to selectively accept, block cookies, or alert you when cookies are being sent to your device. Please refer to your browser’s documentation or visit www.allaboutcookies.org for ways to manage cookies.
11.2 Thunderhead One Inc. has control over the sales and marketing activity in the U.S. and decides the purpose and means for how the personal data related to such activity in the U.S. is processed. Subject to the foregoing, the data controller is Thunderhead ONE Limited (company no. 08115007), with registered address at Ingeni Building, 17 Broadwick Street, London, W1F 0DJ.
12. CHANGES TO THIS POLICY
Date of last revision: May 22, 2020