Privacy Policy

Latest update: 30/04/2020

This privacy policy applies between you, the User of this Website and THESMARTLEAD LTD, the owner and provider of this Website. THESMARTLEAD LTD takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

1. Definitions and interpretation

In this privacy policy, the following definitions are used:

Data	Collectively all information that you submit to THESMARTLEAD via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies	A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws	Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive), Directive 2002/58/EC (e-Privacy Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR	The General Data Protection Regulation (EU) 2016/679;
THESMARTLEAD, Data controller,    we or us	THESMARTLEAD LTD, a company incorporated in England and Wales with registered number 12579443 whose registered office is at 76 North Wharf Road, London, UK, Postcode: W2 1PL; Registered in England and Wales.
UK and EU Cookie Law	The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you	Any third party that accesses the Website and is not either (i) employed by THESMARTLEAD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to THESMARTLEAD and accessing the Website in connection with the provision of such services; and
Website	the website that you are currently using, www.thesmartlead.com, and any sub-domains of this website which is under the control of THESMARTLEAD unless expressly excluded by their own terms and conditions.
Third Party’s Website	Any website which is not under the control and Direction of the Data Controller.
Social Page	Any webpage or profile on any social network (e.g. Facebook, Twitter, LinkedIn, YouTube, Instagram) which is managed or controlled by THESMARTLEAD.

• Data Controller

For purposes of this privacy Policy, the “data controller” (art. 4, no. 7, GDPR) is THESMARTLEAD, a company incorporated in England and Wales with registered number 12579443 whose registered office is at 76 North Wharf Road, London, UK, Postcode: W2 1PL. Registered in England and Wales

• Scope of this privacy policy

In accordance with Articles 13 and 14 of GDPR, this privacy policy describes the processing of your personal data carried out by THESMARTLEAD with respect to this Website.

During the Navigation on the Website you might be redirected to other sub-domains of the Website or to a Third Party’s Website. For more information on processing of your personal data on a Third Party’s Website, please consult its privacy policy.

• What Data we collect

This Policy summarises all the different type processing of personal data that we carry out on the Website. Please find below their description

1. When you access to the Website

When you accesses the Website, we will collect some of your personal data (with your permission whenever it is mandatory by applicable law) about your visit to ensure the best functioning, management, and maintenance of the Website, including technical information (IP address, information on the device, browser and software you use) and information on the navigation on the Website URL of pages browsed and the activities carried out on these pages, (e.g. interaction with contents), date and time of access, duration of access and clickstream. We will store these data as long as they are necessary for the purpose for which they are collected. Such Data are collected with cookies in accordance with your personal settings. For more information please see the section “Cookies” of this Policy and the Cookie Policy.

1. Social plug-in and relations with social networks and other third parties

The Website allows interaction with social networks through links or sharing buttons, which may contain social plug-in (e.g. LinkedIn).

If you access one of the areas of the Website equipped with this type of links or plug-in, your Internet browser will connect you directly to the servers of the social network involved. In addition, the plug-in will be shown on screen through your browser connection.

In addition, when you visit a Social Page whether by clicking on a social network link button or browsing directly through social network pages (including advertisements), the social network operator may share certain information about you with THESMARTLEAD. In particular:

1. your actions, such as: viewing and interacting with the Social Page and the content posted on it (including shares, reactions, comments), clicks and private e-mail communications on the Social Page;
2. information about those actions, the people who carry out those actions and the browsers/apps used for them: date and time of the action; country/city (estimated by IP address or user profile -if the user interacted with the Social Page after accessing the social network); language; age/gender (from user profile only for users who logged in); website visited previously; if the action is carried out on a computer or mobile device; social network user ID (only for users who logged in first).

Therefore, in consideration of the above, two streams of data transfers may occur: one from THESMARTLEAD to the social network each time involved, and an equivalent one in reverse. In both cases, your click on a specific plug-in button -or a button that allows the connection between THESMARTLEAD and the social network- will be considered clear affirmative action, which will be considered as equivalent to your written consent to the transfer of your data in the manner described.

Depending on the case, THESMARTLEAD may act as an autonomous data controller or joint controller of the data processing.

With regard to the processing carried out by social networks, please refer for more details to the individual information of each social network to which the Social Page each time refers.

1. When you provide us your data by using this Website

THESMARTLEAD will collect your Data in a number of ways, for example:

• when you contact us through the Website, by telephone, post, e-mail or through any other means;
  • when you elect to receive marketing communications from us;
  • when you use our services;
  • when you download the e-book;

In such occasion, we will require Data such as your personal identifiable data (name, surname), your e-mail and (optionally) the name of your company. The Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website.

Specifically, we may process your Data for the following purposes and basing on the relevant legal bases indicated below.

1. Internal record keeping

We will rely upon our legitimate interest and to the need to comply with legal obligations for the internal record keeping also in case it will be necessary to safeguard our interests or rights before a court or any Public Authority.

• Transmission by e-mail of marketing materials that may be of interest to you

For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:

1. soft opt-in consent is a specific type of consent which applies when you have previously experiences our products and services as customer  and applies only with regard to messages and communications concerning similar products and services. Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
   1. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
   1. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.

We may use your Data to show you THESMARTLEAD LTD adverts and other content on other websites. If you do not want us to use your data to show you THESMARTLEAD LTD adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).

The refuse to provide your consent to processing of your Data for marketing purpose shall not affect the possibility to experience our products and services.

You have the right “opt out” or withdraw you consent at any time. To find, please see the section “Your rights” below.

• In order to follow up on your interest in our products and services and to proceed with the download of our e-book

That processing is based on the necessity for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract in case of users natural persons and on legitimate interest of THESMARTLEAD in case of legal persons such as company of which the data subject belongs.

The refuse to provide your Data will make impossible for us to follow up on your interest in our products and services and to proceed with the download of our e-book.

• In order to deal with your request

That kind of processing is based on your implicit consent you provided when you contacted us submitting your request.

The refuse to provide your Data will make impossible for us to deal with your request.

1. Data that are received from third parties

THESMARTLEAD LTD may receive your data from Online Media which can be processed for the purpose referred in the par. III above.

• Cookies

This Website may place and access certain Cookies on your computer.  THESMARTLEAD LTD uses Cookies to improve your experience and to improve our range of products and services

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling THESMARTLEAD LTD to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

This Website may place the following Cookies:

Type of Cookie	Purpose
Technical/functionality cookies	These cookies are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Analytical/performance/ statistical cookies	These cookies allow us to recognize and count the number of visitors and to analyze how such visitors interact with the Website. They help us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Profiling and marketing cookies	These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find a list of Cookies that we use in the Cookie Policy[GM1] .

You can choose to enable or disable Cookies in your internet browser. For further details please consult the help menu in your Internet browser.

You can choose to delete Cookies at any time. However, you may lose any information that enables you to access the Website more quickly and efficiently.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org.

For more information on the functioning of Cookies on this Website and to manage your Cookies’ choice, please consult the Cookie Policy.

• With whom we share your Data

To the extent that it is necessary for the purposes referred to in this Policy, your Data may be disclosed to the following recipients:

1. Data Processors

The Data Controller has appointed a number of data processors to whom Data may be disclosed (e.g. IT service). These subjects have been selected among professionals who guarantee the implementation of appropriate technical and organizational measures, so that the processing is always carried out in compliance with applicable legislation and ensuring the protection of data subjects’ rights;

• Legal obligations

Where necessary for the exercise or protection of our rights, as well as to comply with legal obligations, your Data may also be disclosed with third parties, such as judicial and/or administrative authorities, law enforcement agencies or auditors.

• Changes of business ownership and control

THESMARTLEAD may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of THESMARTLEAD. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

• How we process your Data

The processing of your personal data is carried out with computer, automated and/or manual means in compliance with the principles of lawfulness, fairness, transparency, accuracy, integrity, data minimization and purposes and storage limitation, as well as in accordance with the provisions of the GDPR and applicable legislation on the protection of personal data.

Personal data are collected, elaborated, transferred and stored by using appropriate security measures (physical, logical and organizational) to protect them from possible breaches (such as destruction, loss, alteration, unauthorized disclosure or accidental or unlawful access to such personal data) and to ensure that processing is carried out only for the purposes described in this Policy.

If you want detailed information from Get Safe Online on how to protect your 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 long we store your Data

We store your Data for no longer than necessary in relation to the purpose under which such data were collected. This is determined on a case by case basis and depends on things such as the nature of the data provided, why they were collected, the legal basis we rely upon to process the data, and our relevant legal or operation retention requirements.

In particular, Data processed for direct marketing purposes are stored for no longer than six months from the provision of consent, if required, or from the collection of such Data in the event of “soft opt-in” consent (see section 4 “What Data we collect” at point III).

Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

• Transfer of your Data outside of the EEA

In order to pursue the purposes of the processing described in this Policy, THESMARTLEAD may transfer your personal data to countries outside the European Economic Area (“EEA”), which includes all Member States of European Union, Norway, Liechtenstein, and Iceland.

THESMARTLEAD ensure that all possible transfers outside the EEA will be made in such a way as to guarantee the full protection of your rights and freedoms. With regard to the third country to which the data is transferred, if no adequacy decision has been taken by the European Commission, the data transfers will be regulated by the application of standard contractual clauses issued by the European Commission, or, in the event of transfer to the United States, by the Privacy Shield mechanism whenever it is applicable.

1. Your rights

In accordance to GDPR, you have the following rights in relation to your personal data processed in accordance with this Policy:

1. Right to access – to request access and obtain a copy of the information we hold about you at any time;
   1. Right to correct – the right to have your Data rectified if you think they are inaccurate or incomplete;
   1. Right to erase – (except in cases provided for by applicable law) the right to request that we delete or remove your personal data when: (i) the data are no longer necessary for the purposes for which they were collected and processed; (ii) you decide to withdraw your consent where consent is the legal basis of the processing; (iii) you object to the processing carried out to achieve other purposes and there are no overriding legitimate grounds to continue with the processing; (iv) personal data are processed unlawfully; (v) the erasure is required by law; (vi) the personal data refer to child and have been collected in relation to the offer of information society;
   1. Right of limitation – you may request the limitation of the processing of their personal data;
   1. Right to data portability – where the processing is based on consent, you have the right to receive in a structured format, commonly used and readable by automatic device the personal data you provided us and, where technically feasible, to the secure transmission of your personal data to another data controller;
   1. Right to object – you have the right to object to the processing of your personal data at any time in relation to your particular situation. Upon receipt of the objection, THESMARTLEAD will continue with the processing only if there are legitimate and compelling reasons that can be demonstrated to prevail over rights, interests and freedoms of the data subjects. Otherwise, right to object to the processing of personal data for direct marketing purposes is absolute and can be exercised at any time;
   1. Withdrawal of consent – If the processing of your personal data is based on consent, you have the right to withdraw your consent at any time on our website.

For enquiries or to exercise any of your rights set out above, please contact us at the following e-mail address: info@thesmartlead.com .

1. Complaint to the competent Data Protection Authority

You may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.

1. Changes to this privacy policy

THESMARTLEAD reserves its right to change this privacy policy as it may deem necessary. In the event of substantial changes to this Policy, you will be informed adequately and transparently on how we process your personal data.

1. How to contact us

 

For enquiries or to exercise any of your rights set out above, please contact us at the following e-mail address: info@thesmartlead.com.