PRIVACY POLICY

The Out There Publishing Ltd and OutThere LLC Privacy Policy covers the website as well as the desktop, mobile and tablet applications of the OutThere portfolio (collectively, the “Site” or “we”). It describes the information we collect about you, how we use that information, and the choices you can make about the uses of your personal information. This summary gives some highlights from our Privacy Policy, but you should read the whole  to fully understand OutThere’s privacy practices.

What information do we collect?

We collect personal information you give us, either by registering as a member on our Site or by participating in Interactive Areas available on our Site. Personal information is information that identifies a person, like a name or address.

We may collect demographic information about you (e.g., age, gender, geographic location) from third parties to enhance our advertising activities.

We collect certain other non-identifying information automatically, such as statistics on website usage patterns through the use of cookies and other technologies, when you visit our Site.

How do we use the information we collect?

Our Site use your personal information to communicate with you and to complete purchases of subscriptions, tickets to events and other services we may offer.

We may share your personal information and aggregate information with third parties who co-sponsor surveys, contests or sweepstakes or with whom we partner for joint activities.

We may share your personal information with operational providers that help us fulfill certain business functions and with other third parties to comply with legal processes such as subpoenas and court orders and when we believe in good faith that the law requires the sharing of your personal information.

We or our operational providers use information collected through cookies and other technologies to analyze site usage activity and patterns to help improve the Site.

Our third party advertising company partners may collect non-identifying information derived from cookies and other technologies about your visits to our Site. They may combine this information with data about your web activities at third party website or with demographic information to identify your likely interests so that they and we can provide you with more useful and relevant advertisements. This is often called Behavioral Advertising.

What Choices Do I Have About How My Personal Information Is Used?

Once you provide our Site with personal information, we will correct, update, or remove information if you contact us using the information listed below.

Additionally, you can opt out of any email communications you receive from our Site using the opt-out links found at the bottom of each email we send.

How Can I Ask Questions or Raise Concerns?

Please do not hesitate to contact us if you have any questions about this Privacy Policy – theboys@outtheremagazine.com.

 

The below outlines our full Privacy Policy:

Out There Publishing Ltd and Out There LLC (“OutThere”) owns and operates the OutThere (“OutThereMagazine.com”) website (the “Site” or “we”). OutThere respects and values your privacy. We have created this Privacy Policy to describe the personal information we collect when you visit our Site and how we use that information. This Privacy Policy applies to OutThereMagazine.com

What Information Do We Collect?

Personal Information
Personal information is any information that allows our Site to identify an individual consumer, such as a name, phone number, home address or email address. Certain information is only personal information when it is linked to other information, such as your name. For example, your birth date and gender are only personal information when associated with you. To become a member of one of our Site or to access certain of our services, such as contests, you may be required to provide personal information such as your name, home and email addresses, birth date and gender. Similar information may also be required to participate in other online activities, special events, contests, sweepstakes or Interactive Areas. “Interactive Areas” include, when offered, comment sections on articles, message boards, chat rooms, reader photo upload, reader ratings and reviews, saving articles or other content on our site, reader-created content, SMS text messaging and mobile alerts.

Posting Reviews or Comments and Use of Interactive Areas
We collect information when you submit it for posting on our Site. Any communication you submit or that may be posted to any publicly viewable area of our Site, such as a comment on an article or a review, is a public communication and may be viewed by the general public. Therefore, you acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to such services over our Site, whether or not it includes personal information. If you display your personal information in any communication submitted to such services or features, other individuals may collect and use your personal information. The Site are not responsible for, nor can we guarantee the protection of, any personal information you disclose in a communication submitted to such services or features for posting or contained in an email or other communication submitted to us for such posting, and thus, you acknowledge that if you disclose personal information in any such material, you do so at your own risk.

Non-Personal Information
To gauge the effectiveness of our Site, we may collect non-personal information about our members and visitors, such as Internet server and browser identification, the Internet service provider used, clickstream information, the web page from which a person enters our site, webpages visited, duration of visit and domain type. However, this information does not reveal your identity. We gather this information through the use of cookies and similar devices as discussed below. We may contract with third parties to collect this analytics information on our behalf. The analytics companies include AdobeChartbeatFlurry and Google. For more information about these companies and their privacy policies, please click the company names above and follow the links to their website.

How Do We Use the Information We Collect?

Use of Personal Information
We collect personal information for several important purposes, including to operate our membership base, protect the security of our visitors and the Site, improve our service and Site, distribute our newsletters, notify the winners of our contests and sweepstakes, allow participation in Interactive Areas, and for future marketing and/or promotional use. We may also survey visitors about various topics, including local events and experiences, media consumption preferences and how we can improve our Site and services. Response to our surveys is entirely voluntary. The Site or our operational providers may enhance or merge the information we collect with other data collected from other sources, such as demographic data including age and gender, to enhance our marketing activities.

We may also offer an “Email This” feature that allows visitors to email a link to another person to inform them about an article or feature on the Site.

We may produce contests, sweepstakes and special events with the support of promotional partners. Personal information collected by our Site in conjunction with such activities may also be used for the marketing of additional products, services, and events by the Site and/or their promotional partners. Please see the rules of each individual event and any applicable privacy policies for information on the choices you can exercise with respect to the use of your personal information. To the extent there is a conflict between this privacy policy and the rules or policies applicable to a special event, the rules and policies associated with the special event shall govern.

Use of Non-Personal Information Including Cookies
The Site use cookies and other tracking devices. A cookie is a small data file that contains a unique identification number that a website places on your hard drive when you visit a website. The cookie is able to store information such as data about your computer, the type of browser you use and how many times your computer visits a certain site. The cookies we use on the Site do not contain any personal information. Cookies enable us to track how often visitors are visiting our Site and specific pages, the number of entries in specific events, the estimated audience size for sponsors and advertisers and user preferences. You can refuse to use cookies by turning them off in your browser. Please contact your browser software manufacturer for questions on how to disable your cookies. You do not need to have cookies turned on to use most of the content on our Site. However, you may find that some areas on the Site will be slower, or may not function at all, and you may not be able to participate in certain activities, such as commenting, contests or sweepstakes, if the cookies are disabled.

Our Site also uses clear GIFs [Graphics Interchange Formats] (also known as pixel tags, web beacons or web bugs). A clear GIF is a tiny line of code, only 1 by 1 pixel in size, that is programmed to collect certain information about a visit to a particular website. We use clear GIFs to gather non-personal, aggregate information on visits to our Site, track usage of website links and email delivery, and assist with registration and log-on features, including in chat rooms and email. We do not disclose personal information that may be linked to our clear GIF collection practices to third parties. The Site are not responsible for the use of clear GIFs by other website operators.

You should review other website operators’ privacy policies to determine the type and extent of tracking devices used at other website you visit.

Use and Collection of Information by Operational Providers 

For your convenience, we may provide the opportunity to purchase certain goods, merchandise and services through this website (including, without limitation, on-line personals services, print and digital magazine subscriptions, and special event tickets). Companies other than OutThere, its parents, partners, affiliates or subsidiaries may process these transactions. We call these companies that conduct our e-commerce operations, order and contest fulfillment and/or contract services “operational providers.” They are third parties that perform services on our behalf. If you choose to use these optional services, our operational providers will request your personal information to fulfill your order or request. The voluntary submission of your personal information to these operational providers, including your order or request, will be governed by the specific provider’s terms of usage and privacy policies. To facilitate an order or request, we may share your personal information with the provider. The operational provider may also share your personal information with us. We may store this information in our membership database. In most instances, we request that our operational providers adhere to the provisions in OutThere’s Privacy Policy and that such providers only share visitors’ personal information with OutThere, unless necessary to complete a visitor’s request or order. We also request that these providers only use the personal information for the purpose of conducting the sale or fulfilling the requested service or order. However, you must read an operational provider’s privacy policy to determine the extent of use and disclosure of your personal information collected online. OutThere, its parents, affiliates and subsidiaries are not responsible for the collection, use and disclosure practices of operational providers, nor is OutThere responsible or liable for the products or services provided by operational providers.

Who Do We Share Your Personal Information With?

Sharing of Information with Partners
We may collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners and affiliates, such as how many persons visited a particular page or activity, the average age of our visitors on the site or page, or the likes and dislikes of our visitors, but this information does not include personal information about any individual visitor. We may obtain geographic information such as zip code clustering from other sources, but this aggregate information will not reveal any personal information about a specific visitor. We may also obtain other demographic information from third parties to improve our products and services, for marketing purposes or to display more relevant advertising. One such third-party provider is Google Analytics Demographics and Interest Reporting. Google combines demographic data collected via DoubleClick Display Advertising with site-specific behavior tracked in Google Analytics to provide OutThere with information about the demographics and content interests of users. We do not combine this data with any personal information. If you would like to opt-out of Google Analytics tracking, please click this link: Google Analytics opt-out.

Online advertising for the Site is delivered by third-party advertising companies. These companies create networks of website to facilitate the delivery of ads and conduct market research on our Site and other site. These companies place cookies on your hard drive so that their systems can identify your computer. By placing such cookies on your system, they are able, among other things, to determine automatically whether you have seen a particular advertisement before and avoid sending you duplicate advertisements. These cookies also enable the companies to serve you ads tailored to things you have shown interest in based on the Site and other site you have visited. For example, if you frequently read movie reviews, you may see ads relating to upcoming movie openings. Online advertising companies generally conduct this activity in an anonymous format, with online information not combined with information that would allow for your identification, such as a name, address or email address.

The third-party companies that currently serve advertisements or provide ad targeting data on the Site include, but are not limited to DoubleClickGoogleBlue Kai and Adobe. In addition, we share with these third parties any information you voluntarily provide in response to an advertisement or sponsored content links. If you would like more information about the collection, use and disclosure practices of these third-party advertising companies and to know your choices about not having this information used by these companies, click on the company names above and follow the links to the company website.

Other Information Sharing
Other than as disclosed in this Privacy Policy, we only share or disclose your personal information with companies other than Out There Publishing Ltd., Out There LLC and its affiliates when it is required by law, regulation, legal process or enforceable governmental request; when we believe disclosure would enhance or improve operation of the Site or certain website services and/or when we believe disclosure is necessary to protect the safety of our visitors.

The Site may in the future share personal information with our parents, partners, and affiliates to conduct joint activities.

When you send us an email, we will reasonably safeguard your email address and other personal contact information. However, we may disclose the content of your email to other persons in accordance with our Terms of Use.

What Choices Do I Have About How My Personal Information Is Used?

You can choose not to provide our Site with any personal information. If personal information you provide our Site changes, if you no longer wish to receive a service or marketing communications from us or if you wish to inquire about the information we hold about you, please contact us using the contact information below and we will correct, update or remove your details or process your request to be removed from future communications. Additionally, you can opt out of any email communications you receive from us using the opt-out links found at the bottom of each email we send.

What About Links to Third Party Websites?

The Site contain links, sometimes in the form of ads or links to other sites, such as information about other services such as online personals services, to other sites, including sites operated by other entities. These advertisers and sites that have links on our Site may collect personal information directly from you and/or use their own tracking technologies. When you link to or visit an advertiser’s or sponsor’s website, we may frame the site with one of our Site’ logos; however, you will be subject to the privacy policy and terms of use agreement of that website operator. OutThere is not responsible for the privacy policies or contents of our advertisers, sponsors or other sites or businesses to which we provide hyperlinks or access. Please visit the sites of these businesses to review their privacy policies.

Is My Personal Information Protected?

We endeavor to safeguard and protect your personal information. When you submit personal information on our Site, such information is protected both online and offline. Only employees and supervisors with specific authorization have access to databases containing visitors’ personal information. The databases are protected in a secure facility. Credit card information is transmitted via encrypted technology. Please be advised that, although we take reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, our Site cannot warrant that your information will be absolutely secure. Any transmission of data through our Site is at your own risk.

What About Changes to This Privacy Policy?

We may periodically modify, alter or otherwise update this Privacy Policy. We may also change or update our Privacy Policy if we add new services or features. We will notify you of any material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. We encourage you to review our Privacy Policy on a regular basis to stay informed about how we are protecting the personal information we collect. Your continued use of our Site constitutes your agreement to this Privacy Policy and any updates.

What if OutThere is Sold or Goes Out of Business?

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, OutThere reserves the right to transfer your personal information to the new party in control or the party acquiring assets.

What About Children’s/Minor’s Privacy?

We have developed our Site to appeal to visitors over the age of 18, and we do not knowingly collect personal information from persons under the age of 18. If we learn that we have personal information for a under the age of 18, we will delete that information.

How Can You Ask Questions or Raise Concerns?

Please do not hesitate to contact us if you have any questions about this Privacy Policy.

Contact us at: theboys@outtheremagazine.com


Below is our full Privacy Policy

 

  1. Introduction

1.1   We are committed to safeguarding the privacy of [our website visitors and service users].

1.2   This policy applies where we are acting as a data controller with respect to the personal data of [our website visitors and service users]; in other words, where we determine the purposes and means of the processing of that personal data.

1.3   We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of [our website and services], we will ask you to consent to our use of cookies when you first visit our website.

1.4   Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can [specify whether you would like to receive direct marketing communications and limit the publication of your information]. You can access the privacy controls via [URL].

1.5   In this policy, “we”, “us” and “our” refer to [OutThere Publishing Ltd].[ For more information about us, see Section 13.]

  1. Credit

2.1   This document was created using a template from SEQ Legal (https://seqlegal.com).

  1. How we use your personal data

3.1   In this Section 3 we have set out:

(a)   the general categories of personal data that we may process;

(b)   [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];

(c)    the purposes for which we may process personal data; and

(d)   the legal bases of the processing.

3.2   We may process [data about your use of our website and services] (“usage data“). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use]. The source of the usage data is [our analytics tracking system]. This usage data may be processed [for the purposes of analysing the use of the website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [monitoring and improving our website and services]] OR [[specify basis]].

3.3   We may process [your account data] (“account data“).[ The account data may [include your name and email address].][ The source of the account data is [you or your employer].] The account data may be processed [for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.] The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.4   We may process [your information included in your personal profile on our website] (“profile data“).[ The profile data may include [your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details].] The profile data may be processed for [the purposes of enabling and monitoring your use of our website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract] OR [[specify basis]].

3.5   We may process [your personal data that are provided in the course of the use of our services] (“service data“).[ The service data may include [specify data].][ The source of the service data is [you or your employer].] The service data may be processed [for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.6   We may process [information that you post for publication on our website or through our services] (“publication data“). The publication data may be processed [for the purposes of enabling such publication and administering our website and services]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper administration of our website and business]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.7   We may process [information contained in any enquiry you submit to us regarding goods and/or services] (“enquiry data“). The enquiry data may be processed [for the purposes of offering, marketing and selling relevant goods and/or services to you]. The legal basis for this processing is [consent] OR [[specify basis]].

3.8   We may process [information relating to our customer relationships, including customer contact information] (“customer relationship data“).[ The customer relationship data may include [your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer].][ The source of the customer relationship data is [you or your employer].] The customer relationship data may be processed [for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [the proper management of our customer relationships]] OR [[specify basis]].

3.9   We may process [information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website] (“transaction data“).[ The transaction data may include [your contact details, your card details and the transaction details].] The transaction data may be processed [for the purpose of supplying the purchased goods and services and keeping proper records of those transactions]. The legal basis for this processing is [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely [the proper administration of our website and business]] OR [[specify basis]].

3.10 We may process [information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters] (“notification data“). The notification data may be processed [for the purposes of sending you the relevant notifications and/or newsletters]. The legal basis for this processing is [consent] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.11 We may process [information contained in or relating to any communication that you send to us] (“correspondence data“). The correspondence data may include [the communication content and metadata associated with the communication].[ Our website will generate the metadata associated with communications made using the website contact forms.] The correspondence data may be processed [for the purposes of communicating with you and record-keeping]. The legal basis for this processing is [our legitimate interests, namely [the proper administration of our website and business and communications with users]] OR [[specify basis]].

3.12 We may process [identify general category of data].[ This data may include [list specific items of data].][ The source of this data is [identify source].] This data may be processed for [specify purposes]. The legal basis for this processing is [consent] OR [our legitimate interests, namely [specify legitimate interests]] OR [the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract] OR [[specify basis]].

3.13 We may process [any of your personal data identified in this policy] where necessary for [the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure]. The legal basis for this processing is our legitimate interests, namely [the protection and assertion of our legal rights, your legal rights and the legal rights of others].

3.14 We may process [any of your personal data identified in this policy] where necessary for [the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice]. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks].

3.15 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process [any of your personal data] where such processing is necessary[ for compliance with a legal obligation to which we are subject, or] in order to protect your vital interests or the vital interests of another natural person.

3.16 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

4.1   We may disclose [your personal data] to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.[ Information about our group of companies can be found at [URL].]

4.2   We may disclose [your personal data] to [our insurers and/or professional advisers] insofar as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure].

4.3   We may disclose [specify personal data category or categories] to [our suppliers or subcontractors][ identified at [URL]] insofar as reasonably necessary for [specify purposes].

4.4   Financial transactions relating to [our website and services] [are] OR [may be] handled by our payment services providers, [identify PSPs]. We will share transaction data with our payment services providers only to the extent necessary for the purposes of [processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds]. You can find information about the payment services providers’ privacy policies and practices at [URLs].

4.5   We may disclose [your enquiry data] to [one or more of those selected third party suppliers of goods and services identified on our website] for the purpose of [enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services].[ Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.]

4.6   In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.[ We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.]

  1. International transfers of your personal data

5.1   In this Section 5, we provide information about the circumstances in which your personal data may be transferred to [countries outside the European Economic Area (EEA)].

5.2   We[ and our other group companies] have [offices and facilities] in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from [source]] OR [the use of binding corporate rules, a copy of which you can obtain from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.3   The hosting facilities for our website are situated in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.4   [Specify category or categories of supplier or subcontractor] [is] OR [are] situated in [specify countries].[ The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries].][ Transfers to [each of these countries] will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from [source]] OR [[specify appropriate safeguards and means to obtain a copy]].]

5.5   You acknowledge that [personal data that you submit for publication through our website or services] may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

  1. Retaining and deleting personal data

6.1   This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2   Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3   We will retain your personal data as follows:

(a)   [personal data category or categories] will be retained for a minimum period of [period] following [date], and for a maximum period of [period] following [date].

[additional list items]

6.4   In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)   the period of retention of [personal data category] will be determined based on [specify criteria].

[additional list items]

6.5   Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Amendments

7.1   We may update this policy from time to time by publishing a new version on our website.

7.2   You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3   We [may] OR [will] notify you of [changes] OR [significant changes] to this policy [by email or through the private messaging system on our website].

  1. Your rights

8.1   In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2   Your principal rights under data protection law are:

(a)   the right to access;

(b)   the right to rectification;

(c)    the right to erasure;

(d)   the right to restrict processing;

(e)   the right to object to processing;

(f)    the right to data portability;

(g)   the right to complain to a supervisory authority; and

(h)   the right to withdraw consent.

8.3   You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.[ You can access [your personal data] by visiting [URL] when logged into our website.]

8.4   You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5   In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].

8.6   In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7   You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8   You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9   You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a)   consent; or

(b)   that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data [by written notice to us] OR [by [methods]][, in addition to the other methods specified in this Section 8].

  1. About cookies

9.1   A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2   Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3   Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

10.1 We use cookies for the following purposes:

(a)   [authentication – we use cookies [to identify you when you visit our website and as you navigate our website][ (cookies used for this purpose are: [identify cookies])]];

(b)   [status – we use cookies [to help us to determine if you are logged into our website][ (cookies used for this purpose are: [identify cookies])]];

(c)    [personalisation – we use cookies [to store information about your preferences and to personalise the website for you][ (cookies used for this purpose are: [identify cookies])]];

(d)   [security – we use cookies [as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally][ (cookies used for this purpose are: [identify cookies])]];

(e)   [advertising – we use cookies [to help us to display advertisements that will be relevant to you][ (cookies used for this purpose are: [identify cookies])]];

(f)    [analysis – we use cookies [to help us to analyse the use and performance of our website and services][ (cookies used for this purpose are: [identify cookies])]]; and

(g)   [cookie consent – we use cookies [to store your preferences in relation to the use of cookies more generally][ (cookies used for this purpose are: [identify cookies])]].

[additional list items]

  1. Cookies used by our service providers

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.[ The relevant cookies are: [identify cookies].]

11.3 [We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies.] OR [We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website).] You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.[ The relevant cookies are: [identify cookies].]

11.4 We use [identify service provider] to [specify service]. This service uses cookies for [specify purpose(s)]. You can view the privacy policy of this service provider at [URL].[ The relevant cookies are: [identify cookies].]

  1. Managing cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)   https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)   https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)   https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)   https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

[additional list items]

12.2 Blocking all cookies will have a negative impact upon the usability of many websites.

12.3 If you block cookies, you will not be able to use all the features on our website.

  1. Our details

13.1 This website is owned and operated by [name].

13.2 We are registered in [England and Wales] under registration number [number], and our registered office is at [address].

13.3 Our principal place of business is at [address].

13.4 You can contact us:

(a)   [by post, to [the postal address given above]];

(b)   [using our website contact form];

(c)    [by telephone, on [the contact number published on our website from time to time]]; or

(d)   [by email, using [the email address published on our website from time to time]].

[additional list items]

  1. Data protection officer

14.1 Our data protection officer’s contact details are: [contact details].

 

 

Free privacy policy: drafting notes

This is a standard website or web app privacy policy, which will help you to comply with data protection legislation, and has been updated for the General Data Protection Regulation (also known as the GDPR).

This policy covers the following matters (amongst others): the collection of personal information; the use of that personal information; the legal bases for the processing of that information; disclosures of that personal information to third parties; international transfers of personal information; and the use of cookies on the website.

This document might not be suitable for you if the ways in which you use personal information are complex or unusual.

In any event, there are many aspects to data protection compliance. Publishing a privacy policy or statement containing the relevant information is only one aspect – albeit an important aspect – of compliance.

Section 1: Introduction

Section 1.1

Optional element.

Section 1.2

“Personal data” is defined in Article 4(1) of the GDPR:

“(1) ‘personal data’ means 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”.

Section 1.3

Optional element.

The inclusion of this statement in your privacy policy will not in itself satisfy the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as regards consent to the use of cookies. Guidance concerning methods of obtaining such consent is included on the Information Commissioner’s website (http://www.ico.gov.uk).

Section 1.4

Optional element.

Section 1.5

Optional element.

Section 2: Credit

Section: Free documents licensing warning

Optional element. Although you need to retain the credit, you should remove the inline copyright warning from this document before use.

Section 3: How we use your personal data

Article 13(1) of the GDPR provides that:

“(1) Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: … (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party”.

Article 6(1)(f) of the GDPR provides that:

“(1) Processing shall be lawful only if and to the extent that at least one of the following applies: … (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”

Section 3.1

Article 14 of the GDPR, which applies where personal information is not obtained from the data subject, provides that information about “the categories of personal data concerned” must be supplied to data subjects.

Article 13 of the GDPR, which applies where personal information is obtained from the data subject, does not include an equivalent provision.

Nonetheless, we have included references to general categories of data in this document, because this facilitates the identification of particular purposes of processing and the legal bases of processing – information which does need to be provided under Article 13.

Section 3.2

Optional element.

Section 3.3

Optional element.

Section 3.4

Optional element.

Section 3.5

Optional element.

Section 3.6

Optional element.

Section 3.7

Optional element.

Section 3.8

Optional element.

Section 3.9

Optional element.

Section 3.10

Optional element.

Section 3.11

Optional element.

Section 3.12

Optional element. Use this form of provision to identify and provide relevant information about other categories of personal data that you may process.

Section 3.13

Optional element.

Section 3.14

Optional element.

Section 3.16

Optional element.

Section 4: Providing your personal data to others

Article 13(1)(e) of the GDPR requires that where personal data are collected from the data subject, the data controller must provide the data subject with information about “the recipients or categories of recipients of the personal data”.

Equivalent rules for data collected from someone other than the data subject are in Article 14(1)(e).

Section 4.1

Optional element.

Section 4.2

Optional element.

Section 4.3

Optional element.

Section 4.4

Optional element.

Section 4.5

Optional element.

Section 5: International transfers of your personal data

Optional element.

Article 13(1)(f) of the GDPR requires that data controllers disclose to data subjects “where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 [transfers subject to appropriate safeguards] or 47 [binding corporate rules], or the second subparagraph of Article 49(1) [limited transfers for compelling legitimate interests], reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available”.

Section 5.2

Optional element.

Section 5.3

Optional element.

Section 5.4

Optional element.

Section 5.5

Optional element. Will users have the opportunity to publish personal information on the website?

Section 6: Retaining and deleting personal data

Article 5(1)(e) of the GDPR sets out the storage limitation, one of the fundamental rules of the regime:

“Personal data shall be: … kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject … “.

Section 7: Amendments

Optional element.

Section 7.2

Optional element.

Section 7.3

Optional element. Will you contact users to notify them of changes to the document?

  • How will users be notified of changes to the document?

Section 8: Your rights

Article 13(2) of the GDPR provides that, where personal data is collected from a data subject, certain information about data subject rights must be provided:

“In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: … (b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; (c) where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; …”.

Similar provisions are set out in Article 14 in relation to personal data which is not collected from the relevant data subject.

Section 8.3

The right to access is set out in Article 15 of the GDPR.

Section 8.4

The right to rectification is set out in Article 16 of the GDPR.

Section 8.5

The right to erasure (or right to be forgotten) is set out in Article 17 of the GDPR, and must be notified to data subjects under Articles 13(2)(b), 14(2)(c) and 15(1)(e) of the GDPR.

Consider modifying the highlighted circumstances and exclusions, depending upon what will be most relevant to your processing.

Section 8.6

Article 18(1) of the GDPR states:

“The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; (d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Section 8.7

The right to object to processing is detailed in Article 21 of the GDPR, and must be notified to data subjects under Articles 21(4), 13(2)(b) and 14(2)(c).

Section 8.8

Optional element.

Article 21(3) of the GDPR states:

“Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.”

Section 8.9

Optional element.

This right is set out in Article 21(6) of the GDPR.

Section 8.10

The right to data portability is set out in full in Article 20 of the GDPR, and must be notified to data subjects under Articles 13(2)(b) and 14(2)(c).

Section 8.11

The right to lodge a complaint with a supervisory authority is set out in Article 77 of the GDPR, and must be notified to data subjects under Articles 13(2)(d), 14(2)(e) and 15(1)(f).

Section 8.12

Article 7(3) of the GDPR sets out the right of withdrawal. The right must be notified to data subjects under Articles 13(2)(c) and 14(2)(d). See also Article 17(1)(b).

Section 9: About cookies

Optional element.

Section 9.2

Optional element.

Section 9.3

Optional element.

Section 10: Cookies that we use

Optional element.

Section 11: Cookies used by our service providers

Does the website serve any third party cookies, analytics cookies or tracking cookies to users?

Section 11.2

Optional element.

Section 11.3

Optional element. Will Google AdSense advertisements be published on the website?

This provision should be included if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving.

If the website sets any other cookies to users’ machines that track behaviour, information about those cookies will also need to be disclosed.

Section 12: Managing cookies

Optional element.

Section 12.3

Optional element. Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?

Section 13: Our details

OutThere Publishing Ltd
Registered in England and Wales no. 9130731
Registered address: 3 St Loys Road, London, N17 6UB
theboys@outtheremagazine.com