- Important information and who we are
- The data we collect about you
- How your personal data is collected
- How we use your personal data
- Disclosures of your personal data
- International transfers
- Data security
- Data retention
- Your legal rights
1. Important information and who we are
Please note that our software and this website is not intended for use by children under the age of 13. We do not knowingly license our software or sell our digital services to children or collect data relating to children. If you are under the age of 13 we would kindly ask you not to use this site and our services.
OHS is the controller and is responsible for your personal data.
Our full details are:
Full name of legal entity: Orange Hat Studios
Postal address: 72 Durban Road, Grimsby, North East Lincolnshire, DN32 8BD
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 (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
This version was last updated on 14th July 2018
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.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data)
We may collect, use, store and transfer different kinds of personal data about you and we have grouped together the personal data that we may collect, use, store and transfer as follows:
- Identity Data includes your first name and last name.
- Contact Data includes your e-mail address and telephone number.
- Financial Data includes your PayPal email address which is used to purchase subscriptions.
- Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this website.
- Account Data includes your account log-in details which includes your username, email address and password, details of the products we have provided to you, and any feedback or survey responses.
- Usage Data includes information about how you use our website and products, including analytical information of your visit to our website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you (for example, to provide the software products you have ordered), 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 instance we may not be able to provide the products, but we will notify you if this is the case at the time.
3. How your personal data is collected
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on our website, logging into your account, making an order, requesting for us to contact you or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase our software and services;
- request for us to contact you;
- interact in our support forums;
- report a fault or issue to us about our software;
- create and use an account on our website;
- request marketing to be sent to you;
- make an enquiry;
- enter a competition, promotion or survey;
- or give us some feedback.
- Third parties or publicly available sources. We may receive personal data about you from various third parties as set out as follows:
- Technical Data from the following parties:
- analytics providers including Google Analytics;
- advertising networks; and
- search information providers.
- Contact, Financial and Transaction Data from providers of technical and payment services.
- Identity and Contact Data from data brokers or aggregators.
- Technical Data from the following parties:
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract which we have with you for the license of our software to you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
See below to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent by logging into your account and viewing the 'Privacy' item under the 'My Account' menu or by clicking the link at the bottom of our marketing emails.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer and set up a new customer account||(a) Identity
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests
|To provide the software and digital services you have ordered including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (for example, to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or responding to an enquiry
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to analyse how customers use our products)
|To assist you in your use of the software, to administer and protect our business and this website (including fault reporting, fixing issues, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for the proper performance of our software, for the running of our business, security)
(b) Performance of a contract with you.
|To deliver relevant website content to you||(a) Identity
|Necessary for our legitimate interests (to analyse how customers use our website, to develop it and to inform our marketing strategy)|
|To use data analytics to improve our website, products, marketing, customer relationships and experiences||(a) Identity
(h) Marketing and Communications
|Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To deliver advertisements and marketing communications to you and to make suggestions and recommendations to you about products that may be of interest to you||(a) Identity
(f) Marketing and Communications
|(a) Consent (b) Necessary for our legitimate interests (to develop our products and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Account Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you.
You may receive marketing communications from us if you have requested information from us or purchased products from us and, in each case, you have opted in to receive such communications.
We may occasionally use a third party such as MailChimp to help us administer our customer surveys or marketing communications however we will only do so where we are confident that appropriate safeguards and measures are in place. Outside of that we will get your express opt-in consent before we share your personal data with any company outside OHS for marketing purposes.
When you create an account with OHS, your account is automatically set to NOT receive any marketing communication or any email communication that isn't deemed necessary for your account, such as account creation confirmation, subscription confirmation/cancellation/termination, new product releases.
Where you opt-out of receiving these marketing messages, we will remove you from further communications as soon as possible. Please note that opting-out will not mean that we delete all data that we hold about you as we will still need to retain this information for our records and pursuant to our legitimate business interests.
Change of purpose
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.
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.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
External Third Parties listed below and also as set out in the Glossary.
|MailChimp||We may occasionally use a third party such as MailChimp to help us administer marketing communications. The legal basis for sharing this data is our legitimate interests namely to promote our software and digital services.|
|Google Analytics||We use Google Analytics to analyse the use of our website and our digital services. The legal basis for sharing this data is our legitimate interests, namely the proper performance of our website and our digital services. Further information can be found at google.com/intl/ALL/policies/privacy/index.htm|
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.
6. International transfers
We transfer your personal data outside the European Economic Area (EEA). The third parties listed in section 5 above are situated in the United States and have servers and offices located in the United States. The European Commission has made an 'adequacy decision' with respect to the data protection laws of each of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission in the EU-US Privacy Shield.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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 here we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 legal rights
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products to you. We will advise you if this is the case at the time you withdraw your consent.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties (in addition to those listed in clause 5)
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.