Updated Privacy Policy 25/05/2018

Introduction

 Webliveview Limited is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.  

It is the intention of this privacy statement to explain to you the information practices of Webliveview  Limited in relation to the information we obtain and process about data subjects.

For the purposes of the GDPR we are a data controller of personal data obtained by us from business customers]. The personal data will include data of the [business customers’] owners, of their staff and of their customers. As data controller our specific contract and other details are:

When we refer to ‘we’ it is to Webliveview  Limited that we are referring.

Please read this Statement carefully as this sets out the basis on which any personal data we obtain about you, or that you provide to us, will be processed by us.

Who are we?

Webliveview  Limited trading as Webliveview.com is a retail software platform for e-commerce retailers  using webchat and video chat  widget to commutate  with retailers online retail customers 

We have invested in the technology to create a software platform a retailer can use to improve sales conversion rate and customer experience

We also have dedicated administrative and IT staff to back up the expertise of the webliveview.com.

Webliveview.com, formally named  webliveview Ltd, was initially formed for the purpose of providing ecommerce retailers with a software platform to improve their customers online experience through web chat and video chat technology.

Our GDPR Owner and data protection representatives can be contacted directly here:

How we collect your information

 

 E-commerce retailers

When as an e-commerce retailer you engage the services of webliveview Ltd, details of your firm and employee contacts within your firm will be retained on our CRM  database and online application system. This data will be held on these systems to enable your firm to transact business with your company.

Client Data

When a business customer and any retail customers’ personal data is given to us. Webliveview Ltd will process the personal data (which may include special categories of personal data) for the purposes of providing the customer with a mortgage.

Customer data is sent to us via our online application system or in print format by post or by email. This data is inputted into various [third party] systems but will only be submitted to a [third party] with the customer’s prior approval by way of a signed declaration.

Why are we processing your data? Our legal bases.

We process the personal data of customers of an e-commerce retailer because such is necessary for the performance of the contract which the customer has directed the business customer to pursue. We process the personal data of our business customers and their staff and agents as we have a legitimate interest in doing so in the direct relationships that we have with our business clients.

The collection and processing of personal data are necessary for submitting applications on behalf of our business customers and their customers to google analytics.com, aws..amazon.com  opencart .com woopra.com.

To process data lawfully, we also rely on one or more of the following legal bases:

In any event, Webliveview  Limited is committed to ensuring that the information and data that we collect and use is appropriate for this purpose, and does not constitute an invasion of the data subject’s privacy.

How will Webliveview Limited use the personal data it collects about me?

Webliveview Limited will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary.

Special Categories of personal data

If we collect any special categories of personal data (e.g. health, religious beliefs, racial, ethnic origin), we will ensure that specific measures are being taken to safeguard the fundamental rights and freedoms of data subjects. The processing of data concerning health is lawful where it is necessary and proportionate for the purposes of:

Who are we sharing your data with?

We may pass your personal data on to third-party service providers contracted to Webliveview Limited in the course of dealing with your data. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfill the service they provide on your behalf. When they no longer need your data to fulfill this service, they will dispose of the details in line with Webliveview Limited procedures.

The third parties that we pass your personal data to are:

We have issued all our third-party processors with a Data Processor checklist asking them GDPR specific questions. We have also issued Data Processing Agreements to all our processors.

If we transfer personal data to a third party or outside the EU, we as the data controller will ensure the recipient (processor or another controller) has provided the appropriate safeguards and will ensure that enforceable data subject rights and effective legal remedies for the data subject are available. We can confirm at the time of issuing this privacy notice that no such transfers are in place.

Data Subjects’ Rights:

Webliveview Limited facilitates data subjects’ rights in line with our data protection policy and our subject access request procedure. This is available on request.

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

All of the above requests will be forwarded on should there be a third party data processor involved as we have indicated in the processing of your personal data.

Retention of your personal data

Data will not be held for longer than is necessary for the purpose(s) for which they were obtained. Webliveview  Limited will process personal data in accordance with our retention schedule. This retention schedule has been governed by our regulatory body, [•].

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Webveview Limited or how your complaint has been handled, you have the right to lodge a complaint directly with the Data Protection Commission (see below) and Webliveview Limited.

You may also contact the Data Protection Commission in Ireland to lodge a complaint (details below).

Data Protection Commission

Canal House,

Station Road,

Portarlington,

Co. Laois, R32 AP23

Phone: + 353 57 868 4800 / + 353 761 104 800

Fax: + 353 57 868 4757

Web: www.dataprotection.ie

Email: info@dataprotection.ie

Failure to provide further information

If we are collecting your data for a mortgage contract and you cannot provide this data, the consequences of this could mean the contract cannot be completed or details are incorrect.

Additional Processing

If we intend to further process your personal data for a purpose other than for which the data was collected, we will provide this information prior to processing this data.

Contact Us

Your privacy is important to us. If you have any comments or questions regarding this statement, please contact us.

Privacy statement changes

Webliveview Limited may change this privacy statement from time to time. When such a change is made, we will post a revised version online. Changes will be effective from the point at which they are posted. It is your responsibility to review this privacy statement periodically so that you are aware of any changes. By using our services you agree to this privacy statement.

This privacy statement was last reviewed in May 2018

 

 

Data Protection Policy

Introduction

Webliveview  Limited needs to gather and use certain information about individuals. These can include customers, suppliers, business contacts, employees and other people the organization has a relationship with or may need to contact.

This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards thus complying with the legislation.

Purpose

This data protection policy ensures Webliveview  Limited.

Scope

Background to the General Data Protection Regulation (‘GDPR’)

The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.

Policy Statement

The General Data Protection Regulation (GDPR) describes how organizations — including Webliveview  Limited must collect, handle and store personal information.

These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

The GDPR Is Underpinned by Six Important Principles Requiring That Personal Data Be:

  1. Processed lawfully, fairly and in a transparent manner;
  2. Collected for specified, explicit and legitimate purpose;
  3. Adequate, relevant and limited to what is necessary;
  4. Accurate and where necessary kept up to date;
  5. Retained only for as long as necessary;
  6. Processed in an appropriate manner to maintain security.

The Board of Directors of Webliveview Limited located at canal house 563  canal house 563 south circular road Kilmainham  Dublin 8  are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information Webliveview  Limited collects and processes in accordance with the General Data Protection Regulation (GDPR).

The GDPR and this policy are applicable to all Webliveview  Limited personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organization processes from any source.

The GDPR Owner is responsible for reviewing the register of data processing annually, in light of any changes to Webliveview  Limited activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments (PDA's).

Partners and any third parties working with or for Webliveview  Limited, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy.

No third party may access personal data held by  Webliveview Limited without having first entered into a data confidentiality agreement (DP checklist), which imposes obligations on the third party no less onerous than those to which  Webliveview  Limited is committed, and which gives Webliveview Limited the right to audit compliance with the agreement.

Privacy Policy - Data Protection Principles

  1. Be processed lawfully, fairly and in a transparent manner

The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.

Transparency – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14.  These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible.  Information must be communicated to the data subject in an intelligible form using, clear and plain language

The specific information that must be provided to the data subject must, as a minimum, include:

  1. Personal data can only be collected for specific, explicit and legitimate purposes
  1. Personal Data must be adequate, relevant and limited to what is necessary
  1. Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
  1. Personal data must be kept in a form such that the data subject can only be identified for as long as is necessary for processing.
  1. Processed in an appropriate manner to maintain security

When assessing appropriate technical measures, the GDPR Owner will consider the following:

When assessing appropriate organizational measures, the GDPR Owner will consider the following:

These controls have been selected, based on identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.

Webliveview must demonstrate compliance with the General Data Protection Regulation’s other Principles (Accountability)

The GDPR includes provisions that promote accountability and governance. This compliment the GDP's transparency requirements. The accountability principle in Article 5(2). requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.

Data Subjects’ Rights

Data subjects have the following rights regarding data processing and the data that is recorded about them:

 

Subject Access Requests

All individuals who are the subject of personal data held by Webliveview Limited are entitled to:

Should an Individual contact the company requesting this information, this is called a Subject Access Request.

Subject Access Requests from individuals should be made by email, addressed to the data controller at GDPR@webliveview .com. The data controller can supply a standard request form, although individuals do not have to use this.

The data controller will aim to provide the relevant data within 30 days.

The data controller will always verify the identity of anyone making a subject access request before handing over any information.

Consent

Webliveview Limited understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.

 Webliveview Limited understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the grounds of misleading information will not be a valid basis for processing.

There must be some active communication between the parties to demonstrate “active consent”. Consent cannot be inferred from non-responsive communications. The controller must be able to demonstrate that consent was obtained for the processing operation.

For sensitive data, explicit consent from data subjects must be obtained unless an alternative legitimate basis for processing exists.

Security of Data

All Employees/Staff are responsible for ensuring that any personal data that Webliveview Limited holds and for which they are responsible, is kept securely and is not, under any conditions, disclosed to any third party unless that third party has been specifically authorised by Webliveview Limited to receive that information and has entered into a confidentiality agreement.

All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy.

All personal data should be treated with the highest security and must be kept:

Care must be taken to ensure that PC screens and terminals are not visible except to authorized Employees/Staff of  Webliveview Limited. All Staff is required to enter into an Acceptable IT & Security Agreement as part of their Terms of Employment and before they are given access to organizational information of any sort, which details rules on screen time-outs etc.

Manual records may not be left where they can be accessed by unauthorized personnel and may not be removed from business premises without explicit (written) authorization. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with your policies.

Personal data may only be deleted or disposed of in-line with the Retention of Records Procedure Manual.

Records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed, as required before disposal.

Processing of personal data ‘off-site’ presents a potentially greater risk of loss, theft or damage to personal data. Staff must be specifically authorized to process data off-site.

Disclosure of Data

Webliveview  Limited must ensure that personal data is not disclosed to unauthorized third parties which includes family members, friends, government bodies, and in certain circumstances, the Gardaí/Police.  All Staff should exercise caution when asked to disclose personal data held on another individual to a third party. It is important to consider whether disclosure of the information is relevant to, and necessary for, the conduct of Webliveview Limited business.

All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures, must be, specifically authorized by the GDPR owner.

Retention and Disposal of Data

Webliveview Limited shall not keep personal data in a form that permits identification of data subjects for a longer period than is necessary, in relation to the purpose(s) for which the data was originally collected.

Webliveview Limited may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organizational measures to safeguard the rights and freedoms of the data subject.

The retention period for each category of personal data will be set out in the Retention of Records Procedure, along with the criteria used to determine this period, including any statutory obligations Webliveview Limited has, to retain the data.

Webliveview Limited Data Retention, Data Disposal, and Storage Removal Procedures will apply in all cases.

Personal data must be disposed of securely, in accordance with the sixth principle of the GDPR.  Thus, processed in, an appropriate manner, to maintain security, thereby, protecting the “rights and freedoms” of data subjects.  Any disposal of data will be done in accordance with the Secure Disposal Procedure.

Data Transfers

All exports of data from within the Non-European Economic Area (EEA) countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.

The transfer of personal data outside of the EEA is prohibited unless one or more of the following specified safeguards, or exceptions, apply:

An Adequacy Decision

The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances, no authorization is required.

Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.

A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union.  (Please see “Related Documentation” section below).

Assessment of Adequacy by the Data Controller

In Assessing adequacy, the IE-based exporting controller should consider the following factors:

Binding Corporate Rules(BCRs)

Webliveview Limited may adopt, approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that Webliveview Limited is seeking to rely upon.

Model Contract Clauses

Webliveview Limited may adopt approved model contract clauses for the transfer of data outside of the EEA.  If Webliveview Limited adopts the (model contract clauses approved by the relevant supervisory authority), there is an automatic recognition of adequacy.

Exceptions

In the absence of an Adequacy Decision, Privacy Shield membership, Binding Corporate Rules and/or Model Contract Clauses, a transfer of personal data to a third country or international organization shall only take place on one of the following conditions:

Data flow

Webliveview Limited has established a data inventory and data flow process as part of its approach to addressing risks and opportunities throughout its GDPR compliance project namely;

Webliveview  Limited is aware of all risks associated with the processing of, specific types of personal data.

 Webliveview  Limited assesses the level of risk to individuals associated with the processing of their personal data.  Data Protection Impact Assessments (DPIAs) are carried out in relation to the processing of personal data by Webliveview Limited and in relation to processing undertaken by other organizations on behalf of Webliveview Limited.

Webliveview  Limited shall manage any risks identified by the risk assessment, to reduce the likelihood of a non-conformance with this policy.

Where a type of processing, particularly using new technologies and considering the nature, scope, context, and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, Webliveview  Limited shall, prior to the processing, carry out a Data Protection Impact Assessment (DPIA) of the impact of the envisaged processing operations on the protection of personal data.  A single Data Protection Impact Assessment (DPIA) may address a set of similar processing operations that present similar high risks.

Following the result of a Data Protection Impact Assessment (DPIA), it is clear that Webliveview  Limited is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether Webliveview  Limited may proceed must be escalated for review to the GDPR Owner.

The GDPR Owner shall, if there are significant concerns, either as to the potential damage or distress or the quantity of data concerned, escalate the matter to the supervisory authority.

Data Protection Risks

This policy helps to protect Webliveview  Limited from potentially, serious data security risks, including:

 

 

General Staff Guidelines

Data Storage

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or Data Controller.

When data is stored in a paper format, it should be kept in a secure place where unauthorized people cannot see it.

These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

Data Usage            

Personal data is of no value to Webliveview Limited unless the business can make use of it.  However, it is when personal data is accessed and used, that it can be at the greatest risk of loss, corruption or theft. For example:

Data Accuracy

The law requires Webliveview Limited to take reasonable steps to ensure data is kept accurately and up to date.

The higher the importance, that the personal data is accurate, the greater the effort webliveview  Limited should put into ensuring its accuracy.

It is the responsibility of all employees who work with data to take reasonable steps, to ensure it is kept as accurate and up to date as possible.

Disclosing Data for Other Reasons

In certain circumstances, GDPR allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, Webliveview  Limited will disclose requested data.  However, the data controller will ensure the request is legitimate, seeking assistance from the board of directors and from the company’s legal advisers, where necessary.

Providing Information

Webliveview Limited aims to ensure that individuals are aware that their data is being processed and that they understand:

To this end, the company has a Privacy Statement, setting out how data relating to individuals is used by the company.

(This is available upon request.  A version of this statement is also available on the Company’s website). 

Roles and Responsibilities

Webliveivew  Limited is a Data Controller under the GDPR.

Top Management and all those in managerial or supervisory roles throughout  Webliveview  Limited are responsible for developing and encouraging good information handling practices within Webliveview Limited; responsibilities are set out in individual job descriptions.

GDPR Owner

The job description of the GDPR Owner(DPO) is a role specified in the GDPR.  The role holder should be a member of the senior management team, be accountable to Board of Directors of Webliveview Limited for the management of personal data within Webliveview Limited and for ensuring that compliance with data protection legislation and good practice can be demonstrated.

This accountability includes:

A GDPR Owner(DPO), who the Board of Directors consider to be suitably qualified and experienced, has been appointed to take responsibility for Webliveview Limited) compliance with this policy on a day-to-day basis and will have direct responsibility for ensuring that Webliveview Limited complies with the GDPR, as do Manager/Executives in respect of data processing that takes place within their area of responsibility. 

The GDPR Owner have specific responsibilities in respect of procedures such as the Subject Access Request Procedure and are the first point of call for Employees/Staff, seeking clarification on any aspect of data protection compliance.

Compliance with data protection legislation is the responsibility of all Employees/Staff of  Webliveview  Limited who process personal data.

 Webliveview  Limited Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of  Webliveview Limited generally.

Employees/Staff of Webliveview  Limited are responsible for ensuring that any personal data about them and supplied by them to Webliveview Limited is accurate and up-to-date.

Everyone who works for or with Webliveview Limited has some responsibility for ensuring data is collected, stored and handled appropriately.

Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.

However, these people have key areas of responsibility:

Definitions

Definitions used by the company drawn from the General Data Protection Regulation (GDPR)

Material scope (Article 2.)

The GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.

Territorial scope (Article 3.)

The GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment.  It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.

GDPR Article 4. Definitions

Establishment

The main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative center. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.

Personal Data

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.

Special Categories of Personal Data

Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data, for the purpose of, uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

Data Controller

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by European Union or Member State law.

Data Subject

Any living individual who is the subject of personal data held by an organization.

Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means or not, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling

Is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyze or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.

Personal Data Breach

A breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the p