Introduction

This Privacy Policy explains how personal data is collected and used by WorkSmarter Limited (referred to as "WorkSmarter ", "we", "us ", "our " throughout this Privacy Policy).

At WorkSmarter, we respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we collect, use, handle and disclose your personal data, as well as telling you about your privacy rights and how the law protects you. If you need any more information about our data protection practices, please contact us using the details below.

By using our website worksmarter.co.uk (the "Site "), the Software and the Services, you acknowledge and accept that we will use your personal data and the personal data of your Authorised Users as set out in this Privacy Policy. If you do not accept this Privacy Policy, please immediately stop using the Site and/or our services or any part of them.

The Site is not intended for children and we do not knowingly collect data relating to children. If you are a child under the age of 13, please do not attempt to register on or use the Site or send any information about yourself to us, including your name, address, telephone number or e-mail address. No one under the age of 13 may provide any personal data to us or on the Site. If we learn that we have collected personal information from a child under age 13 without their parent's or parental guardian's consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected].

Any terms that are capitalised that are not defined in this Privacy Policy shall have the same meaning as given to them in our licence agreement (which can be found at: https://worksmarter.co.uk/legal/license-agreement ), unless the context otherwise requires.

What does this Privacy Policy cover?

This Privacy Policy is set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Policy.

1. Important information and who we are

2. Data protection principles

3. The data we collect about you and how we collect and use your data

4. Disclosures of your personal data

5. International transfers

6. Data security

7. Data retention

8. Your legal rights

9. Glossary

1. Important information and who we are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how WorkSmarter collects and processes your personal data and your Authorised Users' personal data, including any data you or your Authorised Users may provide or otherwise submit when using our Software and Services, registering, accessing and using an account with us, submitting an enquiry, requesting a quotation, contacting us for support services or purchasing our premium Services. Please see the Glossary section for an explanation of the meaning of "personal data " and " personal information ".

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

Under data protection legislation, in relation to any personal data submitted by you or your Authorised Users on the Software, you will be the controller and we will be the processor of such personal data.

Data compliance manager

We have appointed a data compliance manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights (see section 8below), please contact the data compliance manager using the following details:

E-mail address: [email protected]

You have the right to make a complaint at any time to the Information Commissioner's Office ("ICO "), the UK supervisory authority for data protection issues ( www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the Privacy Policy and your duty to inform us of changes

This version was last updated on 2 May 2024.

We keep this Privacy Policy under regular review and may amend it from time to time. Please check back regularly to view the latest version. Hard copies of this Privacy Policy are available from us on request.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

The Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Site, we encourage you to read the privacy policy of every website you visit.

2. Data protection principles

WorkSmarter adhere to the principles set out in data protection legislation when handling personal data. These principles require personal data to be:

• (a) Processed lawfully, fairly and in a transparent manner.
• (b) Collected only for specified, explicit and legitimate purposes.
• (c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
• (d) Accurate and where necessary kept up to date.
• (e) Not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed.
• (f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage.
• (g) Not transferred to another country without appropriate safeguards being in place.
• (h) Made available to data subjects and allow data subjects to exercise certain rights in relation to their personal data.

We are also responsible and accountable for ensuring that we can demonstrate compliance with the data protection principles listed above.

3. The data we collect about you and how we collect and use your data

We may collect, use, store and transfer different kinds of personal data about you and your Authorised Users. We collect and process personal data when:

• you register an account with us on the Site;
• you submit an enquiry or quotation; and/or
• you and your Authorised Users submit personal data when using our Software and Services (where we are acting as a data processor on behalf of you as data controller).

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your or your Authorised Users' personal data but is not considered personal data under data protection law, as this data does not directly or indirectly reveal your or your Authorised Users' identity. For example, we may aggregate data about use of the Software to calculate the percentage of Authorised Users accessing a specific feature. Likewise, we may aggregate data that we collect through providing Services to you in order to produce certain benchmarking reports. However, if we combine or connect Aggregated Data with your personal data or your Authorised Users' personal data so that it can directly or indirectly identify you or your Authorised Users, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

When using the Software and the Services, you may be submitting Sensitive Personal Data (as defined in the Glossary) about you and/or your Authorised Users (for example, information about an Authorised Users' sickness records). As the data controller, you shall ensure that you have the right to collect, process and transfer such Sensitive Personal Data to us in accordance with all data protection legislation and the licence terms.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of our licence agreement with you, and you fail to provide that data when requested, we may not be able to provide the Software and Services to you or your Authorised Uses. In these circumstances, we may have to terminate our agreement with you but we will notify you if this is the case at the time.

The below tables provide a summary of how we collect and process your or your Authorised Users' personal data:

Personal data collected through the Site

Types of data	Collection	How we use your personal data	Lawful basis for processing
Contact and identity data, including your name, address, e-mail address, job title, place of work and telephone number	Personal data is collected through direct interaction with you on the Site	For the purposes of setting up an account on the Site, managing our client relationship, providing the Software and the Services, contacting you by post, e-mail, telephone or through the Site, verifying your identity (where applicable), providing information about the Services, providing support services, notifying you about changes to the licence agreement or this Privacy Policy, responding to your enquiry or request for a quotation, keeping you updated about relevant news or information, to prevent crime, fraud or corruption, for training and quality control, to investigate any complaints, administering and protecting our business, the Software and the Site (including troubleshooting, data analysis, testing, system maintenance and network security), for other commercial purposes (for example, marketing our business) and in order to comply with our legal and regulatory obligations	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests
Technical data, such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, session replay data and other technology on the devices you use to access the Site	Personal data is collected through automated technologies or interactions, from analytics providers or search information providers	For the purposes of using data analytics to improve the Site, the Software and Services, marketing, client relationships and user experience, to administer and protect our business, the Software and the Site (including troubleshooting, data analysis, testing and system maintenance and network security) and to allow you to participate in any interactive features on the Site	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud) (b) Necessary to comply with a legal obligation
Payment data, including direct debit details	Personal data is collected directly from you when you make a payment through the Site	For the purposes of administering payment or a refund	(a) Performance of a contract with you (b) Necessary for our legitimate interests

Personal data submitted using the Software and Services

Types of data	Collection	How we use your personal data	Lawful basis for processing
Contact and identity data on you and your Authorised Users, including name, address, e-mail address, telephone number, place of work, date of birth, marital status, sickness and absence records, details of maternity, paternity and shared parental leave, details of annual leave, income and employment details, bank details and pensions information	Personal data on you and your Authorised Users is collected from you as a data controller or submitted by Authorised Users on the Software	For the purposes of providing the Software and the Services	(a) Performance of a contract with you (b) Necessary for your legitimate interests (as a third party data controller)

Personal data collected through the website

Note that we may process your or your Authorised Users' personal data for more than one lawful ground depending on the specific purpose for which we are using the data. Please contact us if you need details about the specific legal ground we are relying on to process personal data where more than one ground has been set out in the tables above.

Marketing

We will only contact you by e-mail for marketing purposes if you have given us your opt-in consent to do so. Please note that we will continue contacting you in connection with any contract that we have with you, including the use of the Site, Software and Services.

We will not share your information or your Authorised Users' information for marketing purposes with any company or other entity outside of the WorkSmarter group, unless we have your opt-in consent to do so.

You can ask us or third parties to stop sending you marketing messages by contacting us at any time or by clicking the "unsubscribe" button in the relevant e-mail.

Change of purpose

We will only use personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Cookies

For more information about the cookies we use, please see our Cookie Policy here: https://worksmarter.co.uk/legal/cookie-policy.

4. Disclosures of your personal data

We may have to share your personal data or your Authorised Users' personal data with the parties set out below for the purposes set out in the table in paragraph 3 above.

• Service providers who provide IT, artificial intelligence, software, cloud service and system administration services.
• Third party agencies, such as credit reference agencies, for identification verification purposes.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, accountants, insurers and other third parties based who provide legal, banking, consultancy, accounting, insurance and other related services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use personal data for their own purposes and only permit them to process personal data for specified purposes and in accordance with our instructions.

5. International transfers

We may transfer your personal data to service providers, including providers of artificial intelligence software, that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law, including the United States of America.

Whenever we transfer your personal data out of the UK to service providers, we ensure a similar degree of protection is afforded to it. We may do so by using specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK.

If you are a data controller and we are the data processor, you shall ensure that you have all necessary licences, notices and consents so that we are entitled to transfer personal data to the countries outside of the UK. You hereby give us your consent to transfer personal data to countries outside of the UK.

6. Data security

We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Data retention

How long will you use my personal data for?

We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Where we are acting as data processor, you may request that we delete the personal data held on your behalf in accordance with the terms of our licence agreement.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of personal data are available on request by contacting ususing the details above.

8. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

You shall notify your Authorised Users of this Privacy Policy and their rights under data protection legislation. We will provide reasonable assistance to you, at your own cost, in responding to any request from an Authorised User.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. Glossary

"Personal data ", or "personal information", means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

"Sensitive Personal Data"means information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and personal data relating to criminal offences and convictions.

LAWFUL BASIS

"Legitimate interest "means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the privacy impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

"Performance of contract "means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

"Comply with a legal or regulatory obligation " means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected. Our platform enables employers to amend the details input on the platform with ease, so it will be their responsibility to do so if your personal data is incomplete or inaccurate.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.