Privacy/Data Policy

 Builtbymonkey understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.   This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

Account	means an account required to access and/or use certain areas and features of Our Site;
Cookie	means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
Our Site	means this website, https://builtbymonkey.com;
United Kingdom and EU Cookie Law	means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and
We/Us/Our	means Builtbymonkey

2. Information About Us
   • Our Site, https://builtbymonkey.com, is owned and operated byÂBuiltbymonkey (Alan Gardiner)
   • Our data protection officer is Alan Gardiner who can be contacted via the form on this site

3. Scope What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. What Data Do We Collect?

Some data will be collected automatically by Our Site (for further details, please see section 12 on Our use of Cookies and Our Cookie Policy Insert Link), other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

• Name;
• gender;
• business/company name
• job title;
• profession;
• contact information such as email addresses and telephone numbers;
• demographic information such as post code, preferences and interests;
• IP address (automatically collected);
• web browser type and version (automatically collected);
• operating system (automatically collected);
• a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);

5. How Do We Use Your Data?
   • All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below.
   • We use your data to provide the best possible products and services to you. This includes:
     • Providing and managing your Account;
     • Providing and managing your access to Our Site;
     • Personalising and tailoring your experience on Our Site;
     • Supplying Our products and services to you;
     • Personalising and tailoring Our products and services for you;
     • Responding to communications from you;
     • Supplying you with email Insert Type of Email e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by Insert Description of Unsubscription Method;
     • Market research;
     • Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;
     • Add further uses as required.
   • In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.
   • With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
   • Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.
   • Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
     1. you have given consent to the processing of your personal data for one or more specific purposes;
     2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
     3. processing is necessary for compliance with a legal obligation to which we are subject;
     4. processing is necessary to protect the vital interests of you or of another natural person;
     5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
     6. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. List specific legitimate interests if available.

6. How and Where Do We Store Your Data?
   • We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. Our Data Retention Policies are:

Insert list

• Your data will only be stored within the European Economic Area (the EE) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). OR
• Some or all of your data may be stored or transferred outside of the European Economic Area (the EEA) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements. If We intend at any time to transfer any of your data outside the EEA, We will always obtain your consent beforehand and we have put in place the following safeguards to protect your data:

Insert Safeguards Used

• Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.
• Steps We take to secure and protect your data include:
  • Insert Details (list where appropriate)
• Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

7. Do We Share Your Data?
   • We may share your data with other companies in Our group. This includes Our subsidiaries AND/OR Our holding company and its subsidiaries.
   • We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. We currently contract with:

Insert company names and the data that is shared with that company

• We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
• In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8. What Happens If Our Business Changes Hands?
   • We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.
   • In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.

9. How Can You Control Your Data?
   • When you submit information via Our Site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account).
   • You may also wish to sign up to one or more of the preference services operating in the Your Country: The Telephone Preference Service (the TPS), the Corporate Telephone Preference Service (the CTPS), and the Mailing Preference Service (the MPS). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
    • You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
    • You may restrict your internet browsers use of Cookies. For more information, see section 12 and Our Cookie Policy Insert Link.
    • You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.

11. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at Insert Email Address, or using the contact details below in section 14. Alternatively, please refer to Our Data Protection Policy Insert Link. 

12. What Cookies Do We Use and What For?
    • Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.
    • By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for Insert description of use of third party cookies, e.g. advertising services. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.
    • All Cookies used by and on Our Site are used in accordance with current English and EU Cookie Law.
    • Before any Cookies are placed on your computer or device , subject to section 12.5 AND/OR section 12.8, you will be shown a Insert description of prompt e.g. pop-up, message bar etc. requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.
    • Certain features of Our Site depend on Cookies to function. Your Country and EU Cookie Law deems these Cookies to be strictly necessary. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
    • The following first party Cookies may be placed on your computer or device:

Name of Cookie	Purpose	Strictly Necessary
CookieConsent	Stores the users cookie consent state for the current domain	Yes
PHPSESSID x3	Preserves user session state across page requests.	Yes

and the following third party Cookies may be placed on your computer or device:

Name of Cookie	Provider	Purpose
ct_checkjs	CleanTalk	Spam Protection
ct_cookies_test x3	CleanTalk	Spam Protection
ct_fkp_timestamp	CleanTalk	Spam Protection
ct_ps_timestamp	CleanTalk	Spam Protection
ct_sfw_pass_key x3	CleanTalk	Spam Protection

• Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
• The analytics service(s) used by Our Site use(s) Cookies to gather the required information. Certain of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below in section 12.10.
• The analytics service(s) used by Our Site use(s) the following Cookies:

Name of Cookie	First / Third Party	Provider	Purpose
_ga	Third	Google Analytics	Site analytics

• You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
• You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
• It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

OR 

12. Cookies

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services.  By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our Site for Insert description of use of third party cookies, e.g. advertising services.  In addition, Our Site uses analytics services provided by Insert name of analytics service provider(s), which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site.

13. Summary of Your Rights under GDPR

Under the GDPR, you have:

• the right to request access to, deletion of or correction of, your personal data held by Us;
• the right to complain to a supervisory authority;
• be informed of what data processing is taking place;
• the right to restrict processing;
• the right to data portability;
• object to processing of your personal data;
• rights with respect to automated decision-making and profiling (see section 14 below).

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 15 below.

14. Automated Decision-Making and Profiling

14.1     In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us. 14.2 The right described in section 14.1 does not apply in the following circumstances:

1. The decision is necessary for the entry into, or performance of, a contract between the You and Us;
2. The decision is authorised by law; or
3. You have given you explicit consent.

• Where We use your personal data for profiling purposes, the following shall apply:
  1. Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  2. Appropriate mathematical or statistical procedures will be used;
  3. Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
• We currently make the following automated decisions:

None 14.5 We currently profile your personal data for the following purposes: None

15. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at admin at Builtbymonkey dot com, by telephone on·  01803 266840, or by post at 1st Floor, Torbay Business Centre, Torquay, TQ14BD. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

16. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Data Policy
The Builtbymonkey site, www.builtbymonkey.com and any related web services delivered by Builtbymonkey on partner sites (“Site”), are owned and operated by Builtbymonkey. (Builtbymonkey).
Builtbymonkey is committed to maintaining your confidence and trust with respect to the information we collect from you. This privacy policy sets forth the information we collect about you, how we use this information, and the choices you have about how we use such information. Your use of the Site and our use of the personal information you provide to us is subject to the terms of this privacy policy and our Terms of Use.
Collection and Registration of Personal Information
We sometimes request users of the Site to provide personally identifiable information. For example, in order to use our contact form, you will be required to submit certain personally identifiable information. The information collected from you is strictly voluntary. You may decline to submit personally identifiable information, in which case we may not be able to provide certain services to you. The type of information collected during the registration process may include your contact information, such as your name, email address, postal address, phone number and country of residence (Registration Information). You may choose to provide optional profile information such as your real name, photo, company/organisation affiliation, profile description, tags, location and other information which may be collected and displayed on your public profile. It is your choice to post content (for example, company affiliation) and make it publicly available. You are solely responsible for the content you post.
Use of Personal Information
If you submit personally identifiable information to us through the Site, then we use your personal information to operate, maintain, and provide customised features and functionality.
Any personal information or other content that you voluntarily disclose online (for example, on your public profile, in posts, comments, or notes) becomes publicly available and could be collected and used by others. Your account User Name is displayed to other users when you post, send direct messages, or comment. Any post made in public mode or comment that you submit to the Site may be redistributed through the Internet and other media, and could be viewed by the general public.
We do not use your email address, phone number, or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out of. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes).
We use certain non-personally-identifiable information (such as anonymous usage data, cookies, IP addresses, browser type, clickstream data, and user location) to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, and analysing user preferences and trends.
We may use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalised content and information; (c) monitor the effectiveness of our service; (d) monitor aggregate metrics such as total number of visitors or pages viewed; and (e) track your posts, submissions, and status in promotions, sweepstakes, and contests.
Disclosure of Personal Information to Third Parties
Access to your personal information is restricted to use by Builtbymonkey. We do share non-personally-identifiable information (such as anonymous usage data, referring / exit pages and URLs, platform types, number of clicks, and user location) with interested third-parties to assist with understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality for the Site.
We will not otherwise disclose any personal information without your consent except: in response to subpoenas, court orders, or legal process, or to establish or exercise our rights to defend against legal claims; and if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law.
GDPR compliance “ Access and Changes to Your Information and Preferences
Data transparency
You may, at any time, request to view all the information we hold about you by using the form at the bottom of this page. We will endeavour to respond within two working days.
You can request your information to be updated, corrected or entirely withdrawn and deleted from all our systems, processes and databases.
Should you request data withdrawal, we will first provide you with all the data we hold about you, then confirm completion of the withdrawal request via the email address you provide in the form at the bottom of this page within 24 hours unless we receive communication by you to halt the process. We will send two confirmation emails with read-receipt notification embedded after which the email address supplied will be deleted from our systems.
You will receive no further communication from our systems unless you enter information on a form contained within the Site subsequent to deletion. You must allow consent of any information required to be submitted and stored.
Data Processing
Builtbymonkey will only act and process Customer Data in accordance with the documented instruction from Customer (the Instruction), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that Builtbymonkey may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorised to do so.
Builtbymonkey will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified.
When Customer Data is processed by Builtbymonkey both parties acknowledge and agree that:
-Builtbymonkey is a Data Processor of Customer Data under the GDPR Customer is a Data Controller of Customer Data under GDPR.
Retention of Personal Information
We retain the personal information we collect from you for as long as the information is relevant to our business purposes or until you request that we remove the data by using the form at the bottom of this page.
Our Commitment to Data Security
Builtbymonkey recognise that your privacy is important to you, and therefore we endeavour to keep your personal information confidential. For example, to protect your privacy and security, we take reasonable steps (such as requesting a unique Password) to verify your identity before granting access to a users account or making changes to a users account information. However, Builtbymonkey do not represent, warrant, or guarantee that your personal information will be protected against unauthorised access, loss, misuse, or alterations, and do not accept any liability for the security of the personal information submitted to us nor for your or third parties use or misuse of personal information. You are solely responsible for maintaining the secrecy of your unique Password and account information at all times.
To help us make emails more useful and interesting for registered users, Builtbymonkey may receive a confirmation when you open email from the Site. Builtbymonkey may also compare its registered user list to lists received from other companies, in an effort to avoid sending unnecessary messages to our registered users.
Builtbymonkey use MailChimp for email marketing activities. MailChimp is a robust platform fully compliant with GDPR regulations. Builtbymonkey has entered into a signed DPA (Data Processing Addendum) agreement with MailChimp, a copy of which can be viewed here: https://mailchimp.com/legal/forms/data-processing-agreement/eu-eea/
Builtbymonkey’s day to day handling of personal information as part of its business processes involves extensive use of G Suite from Google. G Suite services provide data encryption to 256-bit level when it’s on a disk, stored on backup media, moving over the internet or travelling between data centres. G Suite was built to meet stringent privacy and security standards based on industry best practices. In addition to strong contractual commitments regarding data ownership, data use, security, transparency, and accountability, it provides Builtbymonkey with the tools it needs to help meet its compliance and reporting requirements to its clients.
Data breach procedures
Hosting Services
Builtbymonkey use (but are not limited to) the hosting services of 20i Ltd, Laurel House, Southwell Road West, Mansfield, Nottinghamshire, NG21 0HJ.
Builtbymonkey therefore adhere to 20i Ltd’s GDPR Data Processing Agreement which can be found at https://www.20i.com/legal/gdpr-data-processing-agreement
Data Breach Notifications
If Builtbymonkey becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by 20i, Builtbymonkey agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date.
Builtbymonkey will make reasonable efforts to identify the cause of any breach and ensure 20i take necessary steps to prevent such a breach from reoccurring.
Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
Analytics
To understand what content is useful to our website visitors, we use Google Analytics to track visitor activity on our website. This includes how you arrived at the website, what pages you visited and what content you viewed. It also includes how long you spend on each page and at what point you left the website. All information tracked by our use of Google Analytics is non-personally-identifiable information such as anonymous usage data, cookies, IP addresses, browser type, clickstream data, and user location.
In the Event of Merger, Sale, or Bankruptcy
In the event that Builtbymonkey is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Company Information
For any issues or questions regarding the statement above, please send an email to admin at Builtbymonkey dot com