1. WHO DOES THIS PRIVACY NOTICE APPLY TO?

This privacy notice applies to people who:

• simply visit www.marklamey.com (our Site);
• purchase our services;
• supply products and/or services to us (whether or not a fee is payable); and
• make enquiries about our services, or request information or a quote.

We do not collect any personal data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, or genetic or biometric data. Nor do we collect any information about criminal convictions and/or offences.

This Site is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data. This privacy notice supplements other notices and privacy notices and is not intended to override them.

2. WHO WE ARE

For the purposes of UK’s Data Protection Act 2018 (DPLaws), Mark Lamey Ltd is the controller and responsible for your personal data (collectively referred to as “MLL”, “we", "us" or "our"in this Notice). If you have any questions regarding this privacy notice or believe we have breached DP Laws, please contact marklamey@mac.com or write to us at Nutbourne Farm, Farm Lane, Nutbourne, Chichester,PO18 8SA.

3. ABOUT THIS PRIVACY NOTICE

This privacy notice, together with our Terms of Use (and any other documents referred to init) (this Notice) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using our Site, you accept the practices described in this Notice.

This Notice is effective on and from 01.02.2021. We may amend this Notice at any time, and whenever we do so we will notify you by posting a revised version on our Site or emailing you. Please review this Notice each time you visit our Site as it may have been updated since your last visit.  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us (see ). If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

This Notice is provided in a layered format so you can click through to the specific areas set out below:

This Notice covers the specific areas set out below:

• Visitors to our Site
• Purchasing our services
• Supplying to us
• Making enquiries and requesting other information from us
• International transfers
• Your rights
• How we protect your personal data
• Marketing
• Links to third party websites

4. VISITORS TO OUR SITE

Personal data we collect: With regard to each of your visits to our Site, our Site uses cookies to distinguish you from other users of our Site. You can read more about how we use cookies in our Cookie Policy.

Using your personal data: We will use this information for the following legitimate interests (whether ours or a third party’s):

• to maintain our Site and keep it safe and secure;
• to protect the rights, property or safety of MLL, our customers, suppliers, contacts or others (we will also use your information where we are required by law to do so);
• to improve our Site and ensure that content is presented in the most effective manner for you and for your device(s);
• for internal operations (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
• to measure or understand the effectiveness of our Site and/or any marketing we serve to you and others, and to deliver relevant marketing to you; and/or
• to deal with any issues you have reported with our Site.

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us (see Who We Are section of this Notice).

Sharing your personal data: We will only share personal data with third parties (but only the minimum amount they need) in the following instances:

• our staff who are based in the UK (but their use shall be limited to the performance of their duties and in line with the reason for processing);
• our USA-based website hosting supplier (acting as a processor) to enable it to maintain and host our Site;
• various third parties who provide tools and cloud solutions to enable our business to operate (including email, document management and file-sharing) (acting as processors and who may be based outside the UK); and/or
• where we are required by law to do so.

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 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.

Retaining your personal data: This information is kept for 6 months and will then be deleted automatically. However:

• if we are required by law to retain it for longer, we will retain it for the required period; and/or
• where the information is being used in connection with legal proceedings (including prospective legal proceedings) it will be retained for the duration of those legal (and any enforcement) proceedings.

Please see Your Rights section of this Notice.

5. PURCHASING OUR SERVICES

Personal data we collect: If you contact us or we contact you (by phone, email or otherwise) in connection with our services, we will hold your name, email address(es), phone number(s), location, your personal bank information if you pay for our services using your own credit or debit card and any other information you choose to give us.

In addition, for commercial customers we will also hold your job title/profession, employer details and any other information you choose to give us (including any other details that appear on your business card which you provide to us). We may also collect information and documentation that we obtain about you and your business from publicly available information (e.g. your website, social media and Companies House) when we carry out research (this is to ensure that we understand you and your business).

We may also collect information about you from social media platforms including when you interact with us on those platforms or access our social media content (the information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable social media platform, and we encourage you to review them).

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

We do not record calls.

Using your personal data: We will use this information:

• Non-commercial customers only:
  – to enable us to perform our contract with you, or to take steps to enter into such contract;
  – to enable us to enforce our contract with you;
  –  managing our relationship with you including notifying changes to our terms or this Notice and keeping our records updated;
• Commercial customers only and for the following legitimate interests (whether ours or a third party’s):
  – to enable us to perform our contract with the company who is purchasing our services, or to take steps to enter into such contract;
  – to enable us to enforce our contract with the company who is purchasing our services;
  – managing our relationship with the company who is purchasing our services including notifying changes to our terms or this Notice and keeping our records updated;
• All customers and for the following legitimate interests (whether ours or a third party’s):
  – to process and deliver our services including managing payments, fees and charges, and collecting and recovering money owed to us
  – to respond to, handle and process queries, requests, and the like;
  – to seek customer feedback on, and help us to, track, improve, personalize and develop, our services, content and advertising;
  – to send marketing communications (provided your marketing and communication preferences allow us to do this) (see Marketing section of this Notice);
  – to grow our business and inform our marketing strategy and advertising campaigns; and/or
  – to exercise legal rights and/or defend claims.

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us (see Who We Are section of this Notice).

Sharing your personal data: We will only share personal data with third parties (but only the minimum amount they need) in the following instances:

• our staff who are based in the UK (but their use shall be limited to the performance of their duties and in line with the reason for processing);
• third parties who own, host and support (acting as processors and who are based in the UK) accounting software that we use in our business;
• our USA-based website hosting supplier (acting as a processor) to enable it to maintain and host our Site;
• various third parties who provide tools and cloud solutions to enable our business to operate (including email, document management and file-sharing) (acting as processors and who may be based outside the UK);
• third parties who provide credit reference checks for us and/or who assist us to recover monies owed to us (acting as controllers or processors);
• professional advisers (acting as controllers or processors) including lawyers, bankers, auditors and insurers based in the UK who provide legal, banking, accounting and insurance services to us;
• HMRC, regulators and other authorities (acting as controllers or processors) based in the UK who require reporting of processing activities in certain circumstances;
• potential buyers (and their agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal data only for the purposes disclosed in this Notice;
• our UK-based telephony supplier (which would get to see phone numbers if we call you) and our broadband supplier (which could see email addresses (but not the content of what you send us, if you encrypt it)) (acting as processors); and/or
• where we are required by law to do so.

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.

Retaining your personal data: This information will be kept for the duration of our contract with the company who is purchasing our services and then for 7 years thereafter in the event of a legal claim. However:

• if we are required by law to retain it for longer, we will retain it for the required period; and/or
• where the information is being used in connection with legal proceedings (including prospective legal proceedings) it will be retained for the duration of those legal (and any enforcement) proceedings.

Your rights: Please see Your Rights section of this Notice.

If you have also visited our Site, please see Visitors to Our Site section of this Notice.

6. SUPPLYING TO US

Personal data we collect: If you contact us or we contact you (by phone, email or otherwise) in connection with supplying services, goods and/or software to us, we will hold your name, job title/profession, employer details, email address(es), phone number(s), location and any other information you choose to give us (including any other details that appear on your business card which you provide to us).

We may also collect:

• information and documentation that we obtain about you and your business from publicly available information (e.g. your website, social media and Companies House) when we carry out research (this is to ensure that we understand you and your business); and/or
• information about you from social media platforms including when you interact with us on those platforms or access our social media content (the information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable social media platform, and we encourage you to review them).

We do not record calls.

Using your personal data: We will use this information for the following legitimate interests (whether ours or a third party’s):

• to enable us to perform our contract with the company who is supplying services, goods and/or software to us, or to take steps to enter into such contract;
• to enable us to enforce our contract with the company who is supplying services, goods and/or software to us;
• to manage payments, fees and charges due under our contract;
• to manage our relationship with the company who is supplying services, goods and/or software to us including notifying changes to our terms or this Notice and keeping our records updated; and/or
• to exercise our legal rights and/or defend claims.

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us (see Who We Are section of this Notice).

Sharing your personal data: We will only share personal data with third parties (but only the minimum amount they need) in the following instances:

• our staff who are based in the UK (but their use shall be limited to the performance of their duties and in line with the reason for processing);
• our USA-based website hosting supplier (acting as a processor) to enable it to maintain and host our Site;
• third parties who own, host and support (acting as processors and who are based in the UK) accounting software that we use in our business;
• various third parties who provide tools and cloud solutions to enable our business to operate (including email, document management and file-sharing) (acting as processors and who may be based outside the UK);
• professional advisers (acting as controllers or processors) including lawyers and insurers based in the UK who provide legal and insurance services to us;
• HMRC, regulators and other authorities (acting as controllers or processors) based in the UK who require reporting of processing activities in certain circumstances;
• potential buyers (and their agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal data only for the purposes disclosed in this Notice;
• our UK-based telephony supplier (which would get to see phone numbers if we call you) and our broadband supplier (which could see email addresses (but not the content of what you send us, if you encrypt it)) (acting as processors); and/or
• where we are required by law to do so.

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.

Retaining your personal data: This information will be kept for the duration of our contract with the company who is supplying services, goods and/or software to us and then for 7 years thereafter in the event of legal claims. However:

• if we are required by law to retain it for longer, we will retain it for the required period; and/or
• where the information is being used in connection with legal proceedings (including prospective legal proceedings) it will be retained for the duration of those legal (and any enforcement) proceedings.

Your rights: Please see Your Rights section of this Notice.

If you have also visited our Site, please see Visitors to Our Site section of this Notice.

7. MAKING ENQUIRIES AND REQUESTING OTHER INFORMATION FROM US

Personal data we collect: If you contact us or we contact you (by phone, email or otherwise), we will hold your name, email address(es), phone number(s), address and any other information you choose to give us.

In addition, for commercial customers we will also hold your job title/profession, employer details and any other information you choose to give us (including any other details that appear on your business card which you provide to us). We may also collect information and documentation that we obtain about you and your business from publicly available information (e.g. your website, social media and Companies House) when we carry out research (this is to ensure that we understand you and your business).

We may also collect information about you from social media platforms including when you interact with us on those platforms or access our social media content (the information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable social media platform, and we encourage you to review them).

We do not record calls.

Using your personal data: We will use this information for the following legitimate interests (whether ours or a third party’s):

• to respond to your enquiry;
• to provide you with the information you have requested from us and that we think might be of interest to you; and/or
• to send you marketing communications (see Marketing section of this Notice).

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us (see Who We Are section of this Notice).

Sharing your personal data: We will only share personal data with third parties (but only the minimum amount they need) in the following instances:

• our staff who are based in the UK (but their use shall be limited to the performance of their duties and in line with the reason for processing);
• our USA-based website hosting supplier (acting as a processor) to enable it to maintain and host our Site;
• various third parties who provide tools and cloud solutions to enable our business to operate (including email, document management and file-sharing) (acting as processors and who may be based outside the UK);
• professional advisers (acting as controllers or processors) including lawyers and insurers based in the UK who provide legal and insurance services to us;
• our UK-based telephony supplier (which would get to see phone numbers if we call you) and our broadband supplier (which could see email addresses (but not the content of what you send us, if you encrypt it)) (acting as processors); and/or
• where we are required by law to do so.

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.

Retaining your personal data: This information will be kept for the duration of your enquiry or request and up to 12 months thereafter. However:

• if we are required by law to retain it for longer, we will retain it for the required period; and/or
• where the information is being used in connection with legal proceedings (including prospective legal proceedings) it will be retained for the duration of those legal (and any enforcement) proceedings.

Your rights: Please see Your Rights section of this Notice.

If you have also visited our Site, please see Visitors to Our Site section of this Notice.

8. INTERNATIONAL TRANSFERS

We may transfer your personal data to various jurisdictions to perform our obligations under this Notice and related agreements. The applicable data protection laws of those jurisdictions may differ from the data protection laws of your country and, in some cases, may not be as protective. Whenever we transfer your personal data outside your country, we will ensure a similar degree of protection is afforded to it as the data protection laws of your country. For example, if you are based in the UK, your personal data may be transferred to countries that have been deemed to provide an adequate level of protection for personal data by the UK Government. In other instances, we will ensure at least one other lawful safeguard is implemented, which may include the use of specific contracts approved by the UK Government. If you have questions about, or need further information concerning, international data transfers, please contact us (see Who We Are section of this Notice).

9. YOUR RIGHTS

In relation to personal data that we hold about you, you have the right to:

• where we process your personal data based on your consent, to withdraw your consent easily and at any time;
• get access to your personal data that we hold and receive information about our processing of it;
• ask us to correct the record of your personal data maintained by us if it is inaccurate or to complete incomplete personal data;
• ask us, in certain instances, to erase your personal data or cease processing;
• object to us processing your personal data for direct marketing purposes (see Marketing section of this Notice);
• challenge us processing your personal data which has been justified on the basis of our legitimate interests;
• ask us, in certain instances, to restrict processing personal data to merely storing;
• ask us, in certain limited instances, to transfer your personal data to another online provider; and
• complain to the ICO (www.ico.org.uk) if you think we have breached DP Laws.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making unless we have a lawful basis for doing so and we have notified you.

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.

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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

If you would like to exercise any of these rights, please contact us (see Who We Are section of this Notice). We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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.

We try to respond to all legitimate requests within one calendar month (starting from the day after we receive your request). 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.

10. HOW WE PROTECT YOUR PERSONAL DATA

To help protect the privacy of personal data you transmit, we maintain physical, technical and administrative safeguards and require the same of any third parties we share your personal data with. We update and test our security technology on an ongoing basis. In addition, we train our staff about the importance of confidentiality and maintaining the privacy and security of your personal data.

As you will be aware the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Site; any transmission is at your own risk. Once we have received your personal data, we will use physical, technical and administrative safeguards to prevent unauthorised access to your personal data. 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.

11. MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 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. We will not share your personal data with third parties for marketing purposes. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us (see Who We Are section of this Notice) any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transactions. Please note that if you ask us not to contact you by email at a certain email address, we will retain a copy of that email address on a “suppression list” in order to comply with your no-contact request.

You are free to change your marketing choices at any time.

12. LINKS TO THIRD PARTY WEBSITES

Our Site may, from time to time, contain links to and from the websites of third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Our Site uses interfaces with social media sites such as LinkedIn and Instagram. If you choose to "like" or share information from our Site through these services, you should review the privacy notice of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your Site visit to your personal data.