Privacy Policy

1. IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER & DATA PROCESSOR

Hurricane Modular Commerce Limited is the Data Controller & Data Processor and is committed to protecting the rights of individuals in line with the Data Protection Act 2018 (DPA) and supplemented by the General Data Protection Regulation EU/UK (GDPR).

UK Office: Hurricane Modular Commerce Limited,6b Parkway, Porters Wood, St Albans. UK. AL3 6PA 

EU Representative:  Caroline Thisse, 62 Avenue Guillaume Herinckx

1180 Brussels, Belgium

2. CONTACT DETAILS OF THE DATA PROTECTION OFFICER

Hurricane Modular Commerce Limited has a Data Protection Officer who can be contacted through dataprotection@hurricanecommerce.com.  

3. WHAT INFORMATION DO WE COLLECT AS A DATA CONTROLLER? 

GDPR defines personal data as the following: ‘Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;’

‘Special categories’ of personal data (sensitive personal data) relate to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation.

The personal information we collect might include the following depending on your relationship with the Company;

Personal information you disclose to us

In Short:   We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information .

We collect personal information that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us .

The personal information that we collect depends on the context of your interactions with us and the Services , the choices you make and the products and features you use. The personal information we collect can include the following:

Personal Information Provided by You.  We collect ; qualifications; employment history; name; address; email; phone number; date of birth; company name; position within the company; and other similar data.

Credentials.  We collect passwords; password hints; API Key; location and similar security information used for authentication and account access.

Payment Data.  We collect data necessary to process your payment if you make purchases and purchase history, such as your card and/or account details, name, address, VAT number & locations, and the security code associated with your payment instrument. 

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short:    Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services .

We automatically collect certain information when you visit, use or navigate the Services . This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services , and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Online Identifiers. We collect devices ; applications ; app usage; tools and protocols, such as IP (Internet Protocol) addresses ; cookie identifiers, or others such as the ones used for analytics and marketing ; device’s geolocation ; and other similar data.

4. WHAT INFORMATION DO WE COLLECT AS A DATA PROCESSOR?

Publicly Available Personal Information.  We collect first name, maiden name, last name, and nickname ; ID ; email addresses ; business email ; business phone number ; social media ; and other similar data.  

5. HOW DO WE USE YOUR INFORMATION AS THE DATA CONTROLLER?

In Short:  We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process.  If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

• Recruitment. We may use your personal information to administer a prospective employee through the process.
  
• Fulfil and manage your orders.  We may use your information to fulfil and manage your sales enquires, orders, payments, returns, and exchanges made through the Services.
  
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

• Screening We conduct automated decision making using our denied party screening and profile scoring against approved sanction lists as part of our recruitment, customer, supplier, and investors due diligence checks
                               
• To deliver services to the user. We may use your information to provide you with the requested service.
  
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  
• For other Business Purposes.  We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, Investor onboarding, complaints, products, direct marketing either by telephone or email and your experience.  We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

6. HOW DO WE USE YOUR INFORMATION AS THE DATA PROCESSOR?

 We conduct denied party screening including profile scoring

7. WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA?

For processing to be lawful under GDPR, it is important that Hurricane Modular Commerce Limited, identify all lawful basis before processing any personal data. 

As a business that processes personal data we must satisfy a condition under Article 6 and also Article 9 if the data being processed is classified under the special category.

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.

We may process or share data based on the following legal basis:

Article 6

• Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  
  
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. We use your personal data for Denied party screening (name, addresses and profile score sending to send outside the EU).
  
  
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
  
  
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Article 9

• • The data subject has given explicit consent to the processing

• Processing is necessary for reasons of substantial public interest

More specifically, we may need to process your data or share your personal information in the following situations:

• Vendors, Consultants and Other Third-Party Service Providers, Employees, Government Bodies, Banks, Referee’s. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services , which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
• Business Transfers.  We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

8. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short:  We only share information with the following sub processors.

We only share and disclose your information with the following sub processors. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

• Cloud Computing Services
  Amazon Web Services (AWS)
• Invoice and Billing
  PayPal
  QuickBooks
• Web and Mobile Analytics
  Google Analytics
• Website Performance Monitoring
  Sentry and New Relic
• Finance
  Kings CA Ltd

• Recruitment
  Personio (HR Platform)
  Mailjet SAS (Transactional Emailing And Calendar Invites)
  Textkernel B.V. (CV Parsing)
  Signaturit Solutions, S.L. (eSignature)
  Cronofy (Calendar Integration)

• Project Management
  Asana
  Atlassian
  Miro
  Salesforce
  Zendesk
  Tableau

• Operating System
  Microsoft 

9. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy .

10. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short:  We may transfer, store, and process your information in countries other than your own.

Our servers are located in Ireland , Australia, United States, Singapore and China If you are accessing our Services from outside these areas please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those sub processors with whom we may share your personal information (see ” WILL YOUR INFORMATION BE SHARED WITH ANYONE? ” above), in and other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy   and applicable law. If a third country transfer is necessary for processing Standard Contractual Clauses will apply.

11. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:   We keep your information for as long as necessary to fulfil the purposes outlined in the Retention and Erasure Policy  unless otherwise required by law.

Please refer to Hurricane Modular Commerce Limited, Retention and Erasure Policy which can be requested from the Data Protection Officer by email at dataprotection@hurricanecommerce.com.

12. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.

13. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services , you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services . If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at dataprotection@hurricanecommerce.com .

14. WHAT ARE YOUR PRIVACY RIGHTS/SUBJECT ACCESS REQUESTS?

In Short:   In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

You have a right to access your personal information, to object to the processing of your personal information, to rectify, to erase, to restrict and to port your personal information, depending on the purpose of processing.  

The right of access Everyone has a right to access their personal data.

The right to rectification Everyone has a right to rectify their incomplete or inaccurate personal data.

The right to erasure The right to erasure does not provide an absolute ‘right to be forgotten’. 

Individuals have a right to have personal data erased and to prevent processing in specific circumstances:

• Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
• When the individual withdraws consent.
• When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
• The personal data was unlawfully processed (i.e. otherwise in breach of the GDPR).
• The personal data has to be erased in order to comply with a legal obligation.
• The personal data is processed in relation to the offer of information society services to a child.
• Under the GDPR, this right is not limited to processing that causes unwarranted and substantial damage or distress. However, if the processing does cause damage or distress, this is likely to make the case for erasure stronger.
• There are some specific circumstances where the right to erasure does not apply and you can refuse to deal with a request.

The Company can refuse to comply with a request for erasure where the personal data is processed for the following reasons:

• to exercise the right of freedom of expression and information;
• to comply with a legal obligation for the performance of a public interest task or exercise of official authority.
• for public health purposes in the public interest;
• archiving purposes in the public interest, scientific research historical research or statistical purposes; or
• the exercise or defence of legal claims.

The right to restrict processing

The Company will be required to restrict the processing of personal data in the following circumstances:

• Where an individual contests the accuracy of the personal data, you should restrict the processing until you have verified the accuracy of the personal data.
• Where an individual has objected to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and you are considering whether your organisation’s legitimate grounds override those of the individual.
• When processing is unlawful and the individual opposes erasure and requests restriction instead.
• If the Company no longer needs the personal data but the individual requires the data to establish, exercise or defend a legal claim.

The right to data portability

This right allows individuals to obtain and reuse their personal data for their own purposes across different services.

The right to data portability only applies:

• to personal data an individual has provided to a controller;
• where the processing is based on the individual’s consent or for the performance of a contract; and
• when processing is carried out by automated means.

The right to object

Individuals have the right to object to;

• processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
• direct marketing (including profiling); and
• processing for purposes of scientific/historical research and statistics.

Rights in relation to automated decision making and profiling.

• Automated individual decision-making (making a decision solely by automated means without any human involvement);and
• profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process.
• You can only carry out this type of decision-making where the decision is:
• necessary for the entry into or performance of a contract; or
• authorised by Union or Member state law applicable to the controller; or based on the individual’s explicit consent.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

    ■   Log into your account settings and update your user account.

    ■   Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies:  Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services . To opt-out of interest-based advertising by advertisers on our Services visit   http://www.aboutads.info/choices/ .

Opting out of email marketing:  You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

    ■   Access your account settings and update preferences.

    ■   Contact us using the contact information provided.

Under the General Data Protection Regulation guidelines anyone connected to the Company may request details of their personal information which we hold. This can be requested free of charge by emailing Hurricane Modular Commerce Limited, Data Protection Officer by email; dataprotection@hurricanecommerce.com. 

However, a ‘reasonable fee’ may be applied if the information requested is manifestly unfounded or excessive, particularly if application is repetitive.

Requests for access to personal data held will be acknowledged within one month of the request or two months if it is deemed to be excessive. All Subject Access Requests will require proof of identity before any applications are granted. 

  

Any other requests should be made in writing to the Data Protection Officer:-

Data Protection Officer

Hurricane Modular Commerce Limited,

6b Parkway, 

Porters Wood, 

St Albans. 

UK. 

AL3 6PA

Email: dataprotection@hurricanecommerce.com 

If your personal data is requested for an alternative use, from that already stated, further consent will be sought with use of a Consent to Release Information Form.  

15. DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Hurricane Modular Commerce Ltd believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Hurricane Modular Commerce Ltd becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Hurricane Modular Commerce Limited will follow the procedure set out in the Data Breach Policy and promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

16. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy .

17. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services , you have the right to request removal of unwanted data that you publicly post on the Services . To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services , but please be aware that the data may not be completely or comprehensively removed from our systems.

18. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy   from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy , we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy   frequently to be informed of how we are protecting your information.

19. HANDLING OF COMPLIANTS

Complaints will be dealt with by the Data Protection Officer and will be responded to within 30 days. If you are not satisfied with the response you should refer your complaint to the ICO https://ico.org.uk/concerns

20. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO),  by email at dataprotection@hurricanecommerce.com , or by post to:

Hurricane Modular Commerce Ltd 

6b Parkway, Porters Wood

St Albans AL3 6PA

United Kingdom