The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaced the Data Protection Regulation (Directive 95/46/EC) on the 25th May 2018. The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate. The below policy sets out not only how we use your data, but how we fulfil our obligations under the GDPR.
For the purposes of data protection legislation, the data controller is Aphex Consulting Limited of Aphex, 1 Vincent Square, London, SW1P 2PN. We are a software provider for the construction industry that was founded to promote efficiency and data-driven analysis. We achieve this through two main pieces of software, Planner and Commercial. We may also from time to time provide services such as training and support services.
We collect personal data of the following types of people to allow us to undertake our business;
You our customer and your employees we interact with;
Your personal data which you share with us to help us to provide you with our services;
The personal data of people who are involved or are part of your construction projects or backroom team;
Your supplier details or companies who support our projects; and
Our own Employees, consultants, temporary workers;
We collect this information about you to help us carry out our core business and ancillary activities and to provide you with the best tools we can to help improve your business.
This is information about you that you give us by filling in forms or registering on our site www.aphex.co (our site) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, to enter our database, subscribe to use one of our products, attend our events, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site.
Identity Data includes first name & last name of our contact at your company.
Contact Data includes billing address, site address (For Weather Feed), email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your email address and password, and job title.
Project Data relating to your construction projects, this could include information that you input into our Commercial and Planner software tools, which may include information on workers, employees, suppliers as well as payment information and other information.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us, which may include notification to your phone.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your project or product you are using.
To provide you with information about other goods and services we offer that are similar to those that you have already purchased, been provided with or enquired about.
The core service we offer to help you plan and manage your projects in a smarter and more efficient way. We will provide you insights based on the information you provide us and this may include some personally identifiable information.
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required.
We have a number of lawful reasons that mean we can use your personal information, including your consent, where you give it. One lawful reason is something called ‘legitimate interests’. In general terms, “Legitimate Interests” means we can process your personal information if:
We have a genuine and legitimate reason; and
We are not harming any of your rights and interests.
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Use of our website;
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your computer.
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site and software products to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site and software safe and secure;
to measure or understand the effectiveness of our products and to deliver improvements and efficiency gain;
to make suggestions and recommendations to you and other users of our site or products.
We do not undertake automated decision making or profiling. We do use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision making process.
Oracle, our hosting partner. We use Oracle, a top tier data hosting service, to host our service.
Mailchimp, our email campaign service provider, to keep you up to date with Aphex news. Mailchimp has certified its agreement to the EU/US Privacy Shield.
Xero, an accountancy software which allows us to manage our billing and customer payments.
Segment.io a data collection tool which we use to help to gather the information we need to provide the insights and efficiency gains our tools provide.
We may occasionally use other business partners, suppliers and sub-contractors for the provision of the Aphex service to you.
If we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Aphex Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
The data that we collect from you is stored on Oracle servers within the European Economic Area (”EEA”). All information you provide to us is stored on these secure servers and any payment transactions are encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party in certain formats, if practicable.
Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link.
The Data Protection Act 1998 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete.
Your right of access can be exercised in accordance with the Act and the GDPR. A subject access request or request to exercise any of your other rights should be submitted to our appointed Data Protection Officer is Carlos Carvalho whose details can be found below. No fee will apply as laid down by the GDPR.
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.
We hope that we have shared with you all the information you need, but in the event that we haven’t, or if you have any questions then please do not hesitate to contact our appointed Data Protection Officer is Carlos Carvalho and he can be contacted on firstname.lastname@example.org
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