Last updated February 2023
We are NineTwo Design Limited, a company registered in Scotland with Company Registration Number SC727976 and having its registered office at First Floor, 11 Ashley Street, Charing Cross, Glasgow, Scotland, G3 6DR (“NineTwo”, “we”, “us”, “our”).
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to goods and services we offer to individuals in the European Economic Area (EEA).
It would be helpful to start by explaining some key terms used in this policy:
|Personal data||Any information relating to an identified or identifiable individual|
|Special category personal data||
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Biometric data (where used for identification purposes)
Data concerning health, sex life or sexual orientation
|Data subject||The individual who the personal data relates to|
Personal data we collect about you
The personal data we collect about you depends on the particular services we provide to you. We will collect and use the following personal data about you:
- your name and contact information, including email address and telephone number and company details
- information to check and verify your identity, e.g. your date of birth
- your gender, where dealing with individuals
- your billing information, transaction and payment card information
- your personal or professional interests
- your professional online presence, e.g. company website profiles
- information from accounts you link to us
- Information about how you use our website, IT, communication and other systems
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below. If you do not provide personal data we ask for, it may delay or prevent us from providing products or services to you.
How your personal data is collected
We collect most of this personal data directly from you—in person, by telephone, text or email and/or via our website. However, we may also collect information:
- from publicly accessible sources, e.g. Companies House, or company websites;
- directly from a third party, e.g.:
- credit reference agencies;
- customer due diligence providers;
- from a third party with your consent, e.g. your professional advisers
- via our IT systems, e.g.:
- through automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason, e.g.:
- where you have given consent;
- to comply with our legal and regulatory obligations;
- for the performance of a contract with you or to take steps at your request before entering into a contract; or
- for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
The table below explains what we use your personal data for and why.
|What we use your personal data for||Our reasons|
|Providing products or services to you||To perform our contract with you or to take steps at your request before entering into a contract|
|Preventing and detecting fraud against you or us||For our legitimate interest, i.e. to minimise fraud that could be damaging for you and/or us|
|To enforce legal rights or defend or undertake legal proceedings||
Depending on the circumstances:
—to comply with our legal obligations;
—in other cases, for our legitimate interests, i.e. to protect our business, interests and rights
|Ensuring business policies are adhered to, e.g. policies covering security and internet use||For our legitimate interests, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you|
|Operational reasons, such as improving efficiency, training and quality control||For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price|
|Ensuring the confidentiality of commercially sensitive information||
Depending on the circumstances:
—for our legitimate interests, i.e. to protect trade secrets and other commercially valuable information;
—to comply with our legal obligations
|Statistical analysis to help us manage our business, e.g. in relation to our financial performance, client base and performance metrics||For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price|
|Preventing unauthorised access and modifications to systems||
Depending on the circumstances:
—for our legitimate interests, i.e. to prevent and detect criminal activity that could be damaging for you and/or us;
—to comply with our legal obligations
|Protecting the security of systems and data used to provide the services||
To comply with our legal obligations
We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
|Updating and enhancing customer records||
Depending on the circumstances:
—to perform our contract with you or to take steps at your request before entering into a contract;
—to comply with our legal obligations;
—for our legitimate interests, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Marketing our services and those of selected third parties to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
|For our legitimate interests, i.e. to promote our business to existing and former customers|
How and why we use your personal data—Special category personal data
Certain personal data we may collect is treated as a special category to which additional protections apply under data protection laws, including personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership.
Where we process special category personal data, we will also ensure we are permitted to do so under data protection laws, e.g.:
- we have your explicit consent;
- the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
- the processing is necessary to establish, exercise or defend legal claims.
How and why we use your personal data—sharing
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
We will use your personal data to send you updates (by email, text message, telephone or post) about our products or services, including exclusive offers, promotions or new products or services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.
You have the right to opt out of receiving marketing communications at any time by:
- contacting us at firstname.lastname@example.org;
- using the ‘unsubscribe’ link in emails;
We may ask you to confirm or update your marketing preferences if you ask us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.
We will always treat your personal data with the utmost respect and never sell it to other organisations for marketing purposes.
Who we share your personal data with
We routinely share personal data with:
- third parties we use to help deliver our products or services to you, e.g. payment service providers and delivery companies;
- other third parties we use to help us run our business, e.g. marketing agencies, website hosts or subcontractors;
- third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
- our bank;
We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
We or the third parties mentioned above occasionally also share personal data with:
- our and their external auditors, e.g. in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations;
- our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations;
- other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations.
Who we share your personal data with—further information
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
Where your personal data is held
Personal data may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’).
Some of these third parties may be based outside the UK/EEA. For more information, including on how we safeguard your personal data when this happens, see below: ‘Transferring your personal data out of the UK and EEA’.
How long your personal data will be kept
We will not keep your personal data for longer than we need it for the purpose for which it is used. For example, for tailoring our services and our products to your needs as a client.
Different retention periods apply for different types of personal data. Further details on this are available by contacting us at email@example.com.
Following the end of the of the relevant retention period, we will delete or anonymise your personal data.
Transferring your personal data out of the UK and EEA
The EEA, UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.
It is sometimes necessary for us to transfer your personal data to countries outside the UK and EEA. In those cases we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.
We will transfer your personal data to our service providers located outside the UK.
As we are based in the UK we will also transfer your personal data from the EEA to the UK.
Under data protection laws, we can only transfer your personal data to a country outside the UK/EEA where:
- in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available here.
- in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available here.
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
- a specific exception applies under relevant data protection law.
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Where we transfer your personal data outside the EEA we do so on the basis of an adequacy decision or (where this is not available) legally-approved standard data protection clauses issued further to Article 46(2) of the EU GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the EEA unless we can do so on the basis of an alternative mechanism or exception provided by applicable data protection law and reflected in an update to this policy.
You have the following rights, which you can exercise free of charge:
|Access||The right to be provided with a copy of your personal data|
|Rectification||The right to require us to correct any mistakes in your personal data|
|Erasure (also known as the right to be forgotten)||The right to require us to delete your personal data—in certain situations|
|Restriction of processing||The right to require us to restrict processing of your personal data in certain circumstances, e.g. if you contest the accuracy of the data|
|Data portability||The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations|
The right to object:
—at any time to your personal data being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
|Not to be subject to automated individual decision making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
|The right to withdraw consents||
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time
Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn
For more information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of those rights, please:
- email, call or write to us—see below: ‘How to contact us’; and
- provide enough information to identify yourself and any additional identity information we may reasonably request from you;
- let us know what right(s) you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your personal data and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
How to complain
Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with:
- the Information Commissioner in the UK.; and
- a relevant data protection supervisory authority in the EEA state of your habitual residence, place of work or of an alleged infringement of data protection laws in the EEA
The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
For a list of EEA data protection supervisory authorities and their contact details see here.
How to contact us
Individuals in the UK
Our contact details are shown below:
|Our contact details|
11 Ashley Street
0141 442 0212
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please do contact us in the first instance.