CHANNEL MECHANICS WEBSITE AND APPLICATION PRIVACY STATEMENT
Updated November 2022
1. WHAT IS A PRIVACY STATEMENT
1.1 This Privacy Statement sets out details relating to how your personal data is collected and processed via the Channel IT Mechanics website Channel Mechanics website (the “Website”), and via our services and engagement with people who engage with us, in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, the Data Protection Act 2018 and other applicable EU legislation relating to the processing of personal data (“ Data Protection Legislation”) and to inform you of your data protection rights regarding your personal data.
This Website is operated by Channel Mechanics Technologies Limited (“Channel Mechanics” “we” or
“us”) of Block 4, Ballybrit Business Park, Ballybrit, Galway, H91 A4XW.
Channel Mechanics is the data controller of your data and respects your data protection rights and
this Privacy Statement sets out the basis on which we use, process, store or disclose any personal data detailed below (“Personal Data“) we collect from you or that you provide to us, and we process as a data controller. Please familiarise yourself with the terms of use of the Website. We do not knowingly collect personal data from persons under 16.
Channel Mechanics has not appointed a DPO and any questions you may have relating to your
personal data may be addressed to privacy@channelmechanics.com.
1.2 This Privacy Statement, together with our Cookies Policy applies to the processing of your Personal Data via the Website and when you use our services (software as a service) “Services” where we act as a data controller of that personal data.
Please note that this Privacy Statement does not relate to the processing we carry out for our
customers employees and end users, where we act as a data processor.
2. OVERVIEW
2.1 We collect Personal Data from you when you use the Website and Services and process this Personal Data for the purposes of providing you with access to the Website or details relating to the Services. You can also choose to provide your Personal Data to us via email, by telephone, or by request via forms on the Website, which we will process for the purposes of responding to your queries. We also process Personal Data obtained via third parties.
We store your Personal Data on servers located in the EEA. We share your Personal Data with other parties in order to provide you with the Website and Services, to improve our Website, to respond to your queries, for marketing purposes, to provide you with requested Services and in other circumstances as set out below. We will also share your Personal Data with law enforcement agencies, public bodies or other parties where necessary, including by Court order or if we are required by law to do so. We may also share your Personal Data (limited to the extent that is necessary) between group entities or in the event of a merger or acquisition of Channel Mechanics.
3. WHAT DATA DO WE COLLECT FROM YOU?
We have categorised types of Personal Data we collect about you as set out below:
3.1 Device Information
When using the Website or, avail of services (such as demos) related to the Website personal data will be collected from you by us (and by third party providers, where you have consented to same (eg., Google Analytics)) about your usage of the Website and information about your device. This includes information (“Device Information”) about:
· Your device browser including your IP address, operating system and other information derived from cookies used on the Website. Please see our Cookies Policy for further information.
· Details of your visits to the Website such as traffic data, location data, log information and the resources, advertisements and Linked Websites that you access through the Website.
3.2 Contact Information
Where you have contacted us or provided information to us for the purposes of:
– requesting a demo;
– filling out a form for gated content;
– contacting us via
info@channelmechanics.com or
privacy@channelmechanics.com – filling out the Contact Us form
– signing up for a webinar;
– signed up for a newsletter; or
– requested information from us
We collect and process “Contact Information” about you, which is:
– your first name, last name, e-mail address, telephone number and other details when contacting us or submitting enquiries through the Website or by e-mailing: info@channelmechanics.com or privacy@channelmechanics.com
This Contact Information is provided by you so that we may provide you with the service or information requested. When we receive your Contact Information, it is put into our client relationship management system (CRM) for the purposes of contacting you, and or marketing to you unless you have opted out of marketing.
3.3 Query Information
You may provide us with additional information contacting us or submitting enquiries through the
Website or by e-mailing:
info@channelmechanics.com If you choose to provide us with this information, we will keep a record of this correspondence for as long as is necessary to deal with this query and as may be required in accordance with our contractual obligations or to comply with our legal obligations or establish or defend a legal claim (for further information please see our section on
How Long We Keep Your Data For).
3.4 Third Party Information
We obtain the following Personal Data about you from other third parties.
These third parties are:
1. LinkedIn, when you interact with us via LinkedIn, we obtain your first name, last name, job title, company, location.
2. Sponsorship partners; webinar partners etc. When you sign up to a co-branded webinar, or a webinar sponsored by us, or attend an event we are at and have sponsored, the personal data provided by you, usually “Contact Information”, is processed by us and input into our CRM system for the purpose of contacting you or marketing to you, in accordance with this privacy statement.
3. Third parties where you have agreed to those providers sharing the following details with us name, email address, job title, telephone number, location, company so that we may contact you.
4. HOW & WHY WE USE YOUR PERSONAL DATA
4.1 The following details the legal basis for (the “Legal Basis“) and the reasons why (“Purposes“) we process your Personal Data:
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
Legitimate Interests- we have a legitimate business interest that is not outweighed by your data protection rights to promote our services via our Website to build our brand. To allow access to our end users and potential customers. To promote brand awareness
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
1. Legitimate Interests – we have a legitimate business interest that is not outweighed by your data protection rights in improving our Website and services accessible via the Website based on usage to further develop and tailor our product to identified needs through monitoring of usage. We have provided users with the option to decline cookies and to limit certain processing of personal data.
2. Contract – to ensure the performance of the Website or services provided via the Website including query responsiveness is in line with our obligations under our Terms of Use [link here] and or our contract with the person using our Website or making enquiries
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
Legitimate Interests – we have a legitimate business interest that is not outweighed by your data protection rights in improving our services based on usage to further develop and tailor our product to identified needs of our users, through monitoring and testing of the Website’s usage.
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
1. Legitimate interests that is not outweighed by your data protection rights – to protect us from breaches of contract set out in our Terms of Use.
2. Legal obligation and or to establish a legal claim – to take action in the event of such breaches to protect our legal position.
Categories of Personal data:
Contact Information, Query information.
Legal basis:
Legitimate Interests that is not outweighed by your data protection rights – we have a legitimate business interest in ensuring the Website is working effectively and efficiently and to resolve any usage issues.
Contract – to ensure the performance of the Website is in line with our obligations under our Terms of Use of the Website and or the main contact with our customers or distributors.
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
Legitimate Interests that is not outweighed by your data protection rights – for market research activities and to improve our services for you by identifying needs of our users and adapting our business to meet those needs based on analytics.
Categories of Personal data:
Device Information, Contact Information, Query information, Third Party Information.
Legal basis:
Legal obligation – we will process data processed by us to comply with our legal obligations, and to establish and or defend a legal or contractual claim in respect of civil matters, criminal matters, regulatory matters and or taxation or corporate matters.
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
Legal obligation to establish and or defend a legal claim.
Contract – to prove compliance or noncompliance with our obligations, or the users or customers obligations, under the terms of use of our Website, and or in relation to queries, and or in relation to the main services provided under the main contract with the customer or end user, and or in providing troubleshooting assistance sought.
Categories of Personal data:
Device Information, Contact Information, Query information.
Legal basis:
Legal obligation and contract. To establish and or defend a legal claim..
Categories of Personal data:
Device Information, Contact Information, Query information, Third Party Information.
Legal basis:
Legitimate interests that is not outweighed by your data protection rights to pursue a merger or sale of the business and or to manage the group interests in the commercial efficacy of the group.
Categories of Personal data:
Device Information, Contact Information, Query information, Third Party Information.
Legal basis:
Legitimate interests – It is in our commercial interests to develop our brand awareness to seek to promote and grow our services.
Consent – where you have attended a webinar, and or have requested a demo, and or have sought a copy of our marketing material such as newsletters, and or have consented to the use of cookies on your device, and or when you have consented to a third party provider providing us with your Third Party Information for marketing purposes,
Contract – perform our contract with you by responding to your queries and communicating with you regarding our services, and or troubleshooting and or ticketing assistance and or for the purposes of furthering our contractual relationship with you.
5. WHO WE SHARE YOUR PERSONAL DATA WITH
5.1 We may disclose personal data with other members of our group which means our subsidiaries, our ultimate holding company and its subsidiaries, if applicable (the “Channel Mechanics Group“) in order to provide the Website and general services to our users and customers.
5.2 We will only disclose your personal information to third parties outside the Channel Mechanics Group in the following circumstances:
Third Party Service Providers
– To process your communications via the Website with us, we currently use Hubspot.
– When you write to us, your communication is sent to our Hubspot CRM system whose servers are based in the EEA.
– When you email info@channelmechanics.com and privacy@channelmechanics.com , your contact and query information is sent to our Marketing Department.
– To send you communications via delivery service providers. We use Hubspot.
– Third party agencies to provide us with marketing services.
– For the purpose of data storage we use Hubspot whose servers are based in the EEA.
Marketing Activities
– Hubspot – CRM hosted in Europe used to send mailshots where you have signed up to, or have not opted out, of our marketing services and for gated content, demo requests and newsletter subscription.
– Goto Webinar – when you register for webinars with us or with our co-branded or sponsored events.
– Third party agencies – to contact you for marketing purposes on our behalf and to increase our customer base for the purpose of communications and marketing.
Prospective Sellers or Buyers of Business Assets
– To facilitate the acquisition of Channel Mechanics by a third party.
– To facilitate the acquisition of a significant portion or substantially all of Channel Mechanics’ assets by a third party.
Regulatory Authorities, Law Enforcement Agencies, Public Bodies and Other Third-Party Companies and or business or legal advisors
– To comply with any applicable legal obligations, court orders, summons, search warrants, or any other legal or regulatory obligation, or request to which Channel Mechanics is or may become subject; and
– To protect the rights, property or safety of Channel Mechanics, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
– To seek and receive advice on legal matters, complaints, legal administration, investigations, financial audits or other risk or financial compliance matter.
Where your personal data is shared with a third party, we take appropriate steps to ensure compliance with your data protection rights as set out in the GDPR. Where we use sub processors, we enter into contracts with those sub processors in compliance with Article 28.
6. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
YIn the event your personal data is transferred outside the European Economic Area (“EEA“), we take appropriate steps to protect your personal data in accordance with Chapter V of the GDPR. These steps include transferring data where the EU Commission has decided that the third country in question ensures an adequate level of protection in line with EU data protection standards or there are appropriate safeguards in place to protect your Personal Data, such as the European Standard Contractual Clauses. If you would like to find out more about the appropriate safeguards that we have in place to govern the transfer of your personal data you can contact us at privacy@channelmechanics.com.
7. LINKS
7.1 The Website contains links to other websites (“Linked Websites“). Channel Mechanics is not responsible for the privacy statements or practices on the Linked Websites. This Privacy Statement governs information collected on the Website or via our general services. When accessing Linked Websites, you should read the privacy statement published on the relevant Linked Website as the terms of our Privacy Statement do not apply to Linked Websites. Please note that when you click on Linked Websites, some of your Device Information may be shared with these Linked Websites. Please check their privacy statements
7.2 The Website contains links to other sites and resources provided by the following third parties for your convenience and information only:
– YouTube, Vimeo, Goto Webinar, HubSpot, LinkedIn, our Facebook page and Twitter page
These Linked Websites may use cookies and other technologies to receive and store your information and may use this information for the purpose of targeted advertisements. You may opt out of this when prompted to select your cookie preferences on the Linked Websites.
We accept no liability in connection with any Linked Website, or any contract entered into or through a Linked Website. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of Linked Websites.
8. HOW LONG WE KEEP YOUR PERSONAL DATA FOR
8.1 In general, we expect to keep your personal data from the date of collection for as long as is necessary for the purposes it was collected – for example, for the duration of your contact with us, or if you have provided us with Contact Information when signing up to our newsletter, we will continue to keep your personal data for so long as we are marketing to you within recommended guidelines and you have not opted out of that marketing.
8.2 Please note that in certain circumstances, we may hold your data for a longer period for as long as is reasonably deemed necessary, for example, if we are processing an ongoing legal claim or believe in good faith that the law or a relevant regulator may reasonably in our view expect or require us to preserve your data.
9. PROFILING AND AUTOMATED DECISION MAKING
9.1 We carry out profiling based on your use of the Website via cookies to understand the use of our Website better and to target relevant services to our users. You can object to this profiling via our cookies consent icon or you can withdraw consent previously provided if you change your mind and can disable these cookies. Please see our cookies policy [link here] for more information. We do not make decisions based on automated processing.
10. YOUR RIGHTS AND HOW TO EXERCISE THEM
10.1 The table below sets out the rights which you have to address any concerns or queries with us about our processing of your personal data:
Right to be Informed
You have the right to know whether your Personal Data is being processed by us, how we use your Personal Data and your rights in relation to your Personal Data.
Right of Access
You have the right to request a copy of the Personal Data held by us about you and to access the following information in relation to the processing of your Personal Data:
(1) the purposes of processing;
(2) the categories of Personal Data concerned;
(3) the recipients of your Personal Data;
(4) the period for which your Personal Data will be stored;
(5) the existence of your right to lodge a complaint with the Office of the Data Protection Commissioner; and
(6) the source of your Personal Data;
– We will only charge you for making such an access request where we feel your request is unjustified or excessive.
Right to Rectification
You have the right to request that we amend any inaccurate Personal Data that we have about you.
Right to Erasure
You have the right to ask us to erase your Personal Data subject to certain restrictions
Right to Restriction of Processing
You have the right to ask us to restrict processing your Personal Data
Right to Data Portability
You may request us to provide you with your Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another data controller where this is technically feasible.
Right to Object
You have a right to object at any time to the processing of your Personal Data where we process your Personal Data on the legal basis of pursuing our legitimate interests.
Right to Object to Automated Decision-Making, including Profiling
You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. We do not carry out same.
10.2 You can exercise any of these rights by submitting a request to privacy@channelmechanics.com
10.3 We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay and within one month of receiving your request. We may extend this up to a further 2 months if necessary, however we will inform you if this arises.
10.4 You may withdraw your consent to processing of your personal data by us. This withdrawal will not affect the validity of the processing carried out prior to the withdrawal of your consent. We will inform you at the time of withdrawal of consent if it will affect any provision of service to you at that time.
10.5 Raising a Complaint to the Irish Data Protection Commission
You have the right to make a complaint about the way we use your personal data to the Data Protection Commissioner (DPC) at their website www.dataprotection.ie or by post at:
21 Fitzwilliam Square S, Dublin 2, D02 RD28
Before you make a complaint to the DPC, we would be grateful if you contacted us first in order to allow us the chance to deal with your complaint first at the contact details at 1.1.
11. CHANGES TO THIS PRIVACY STATEMENT
11.1 If we amend this Privacy Statement, in whole or part, any changes will be posted on this page and, where appropriate, notified to you by email or when you use the Website. The new Privacy Statement may be displayed on-screen and you may be required to read and accept it to continue your use.
12. MISCELLANEOUS
12.1 As data controller, we are entitled to use your data in a manner that is compatible with the reasons it was collected in the first instance.
13. WHO TO CONTACT WITH QUERIES
12.1 Questions, comments and requests regarding this Privacy Statement are welcomed and should be addressed to: privacy@channelmechanics.com or you can write to us at Channel Mechanics Technologies Limited, Block 4, Ballybrit Business Park, Ballybrit, Galway, H91 A4XW, Ireland.