Last updated 18th March 2022
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.
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
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 ".
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.
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.
This version was last updated on 25 October 2018.
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.
WorkSmarter adhere to the principles set out in data protection legislation when handling personal data. These principles require personal data to be:
We are also responsible and accountable for ensuring that we can demonstrate compliance with the data protection principles listed above.
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:
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.
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:
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 |
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) |
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.
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.
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.
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.
For more information about the cookies we use, please see our Cookie Policy here: https://worksmarter.co.uk/legal/cookie-policy .
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.
Details of retention periods for different aspects of personal data are available on request by contacting us using the details above.
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.
"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.
"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
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.
Our friendly team will be happy to help answer any questions you may have.
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