Privacy Policy

UK, Europe and Ireland

HammerTech Software UK LTD: Privacy Policy

Last Updated: November 2023

Introduction

Welcome to HammerTech Software UK Ltd’s (“HammerTech”) privacy policy.

This privacy policy applies only to the processing, by HammerTech, of the personal data of Customers based in the United Kingdom (“UK”) and/or European Economic Area (“EEA”). The personal data of customers based outside of the UK and or EEA, will be governed by, and processed in accordance with the local laws of that jurisdiction.

HammerTech respects your privacy and is committed to protecting your personal data. This privacy policy will inform you how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please use the Glossary (at section 10 below) for explanation of some of the terms we use.

For the purposes of this privacy policy the “HammerTech Software” refers to a SaaS-based collaborative performance and productivity software platform that enables operations efficiency, quality and safety, as modified from time to time, and together with the HammerTech Software, collectively the “HammerTech Services”, refers to the various related services, features, functions, software, applications, websites and networks.

1. The Privacy Laws that Apply to You

The personal data of clients and individuals based:

in the United Kingdom (“UK”), will be governed by, and processed in accordance with the privacy laws of the UK as set out in the glossary at section 11 below.
in Europe, or the European Economic Area (“EEA”), will be governed by, and processed in accordance with the privacy laws of Europe, as set out in the glossary at section 11 below.
otherwise outside of the UK and or EEA, will be governed by, and processed in accordance with the local laws of that jurisdiction.

Please note, notwithstanding the above, if you are a client of HammerTech, but are based outside of the UK or EEA, your personal data will be governed by, and processed in accordance with the privacy laws of the UK and/or Europe, regardless of your location.

2. Important Information and Who We Are

Purpose of this privacy policy

This privacy policy will give you information about how we collect and process your personal data through your use of our website, including any data you may provide through when you contact us, purchase (or enquire about) our services, or sign up to our newsletters.

None of the HammerTech Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the HammerTech Software or the other HammerTech Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any information on or through any of the HammerTech Services, use any of the interactive or public comment features of the HammerTech Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at support@hammertechglobal.com.

It is important that you read this privacy policy (together with any other privacy or processing policy we may provide on specific occasions) so that you are fully aware of how and why we are using your information. This privacy policy supplements other notices and policies and does not override them.

Controller

HammerTech is the controller and is responsible for this website.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following way:

Full name of legal entity: HammerTech Software UK Ltd (Company Number: 14476740)

Email address: lucas.mcdonald@hammertechglobal.com

Postal address: 10 John Street, London, United Kingdom, WC1N 2EB

You have the right to make a complaint at any time to a relevant Data Protection Authority based within the UK or the relevant EEA Member State. Please see details of data protection authority that may be relevant to you:

UK: The UK regulator for data protection issues is the Information Commissioner's Office (ICO) (ico.org.uk).
Europe: You can find your relevant European data protection authority (according to where you are based) through the European Data Protection Board or the European Data Protection Supervisor (https://edpb.europa.eu/about-edpb/about-edpb/members_en).

We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection authority, so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review; this version was last updated on the date stated at the beginning of it.

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

Our website 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 our website, we encourage you to read the privacy policy of every website you visit.

3. The Data We Collect About You and How We Collect It

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).

We may collect, use, store and transfer different kinds of personal data about you, and use different methods to collect that data, as set out below:

Identity Data:
- Information by which you may be personally identified, including personal data such as name, birthdate, photo, gender, title, work role, licenses, qualifications and any other personal data based on the fields or information configured by a customer.
Contact Data:
- Includes delivery address, email address, emergency contacts, work and mobile telephone numbers;
- Billing information, including the address for billing and billing contact information; and
- Records and copies of your correspondence (including e-mail addresses) if you contact us.
Technical and Usage Data:
- Your IP address, including when you create an account. Collected by automated tech when you setup an account with us;
- Through web logs and error logs, including IP address, username, email address, data submitted and other information required by these logs;
- Device, internet and mobile information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number); and
- Information that you provide by registering, creating accounts or filling in forms or applications on or through the HammerTech Software and the other HammerTech Services, including information provided in connection with registering to access and use the HammerTech Software.
Financial Data:
- Includes bank account and payment card details.
Transaction Data:
- includes details about payments to and from you and other details of products and services you have purchased from us.
Marketing and Communications Data:
- Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Usage Data
- Usage details and information, including how you communicate with other users of the HammerTech Software and the other HammerTech Services, such as the time, date, sender and your interactions with messages (such as when you open a message);
- When you report a problem with the HammerTech Software or any of the other HammerTech Services;
- Details of tasks and other activities that you carry out through the HammerTech Software and any of the other HammerTech Services;
- Information that a customer uploads for use in configuring the HammerTech Software platform;
- Information that you provide when you contact our helpdesk;
- Geo-location information when you use the HammerTech Software and the other HammerTech Services; and
- Information that is about you but individually does not identify you, such as the date and time of visit.

Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the HammerTech Software and the other HammerTech Services, and to deliver a better and more personalized service, including enabling us to:

Understand what features of the HammerTech Software our users utilize and how they use them.
Create and establish industry benchmarks.
Estimate our usage size and better understand usage patterns.
Store information about your preferences, enabling us to customize the HammerTech Software according to your individual interests.
Plan and prioritize new features, updates and enhancements.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have, or are trying to enter into, with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract that we are about to enter, or have entered, into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.

Please see section 10 (Glossary) below to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have included a table below which describes the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also, where appropriate, identified what our legitimate interests are.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if, where more than one ground has been set out in the table below, you need details about the specific legal ground which we are relying on to process your personal data.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy;

(b) Asking you to leave a review or take a survey;

(d) Attending to and managing your requests.

(a) Identity data

(b) Contact details

(a) Performance of a contract with you.

(b) Necessary to comply with a legal obligation.

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services, particular in order to develop our services and grow our business).

For business development, market research and to administer and protect our business and this website which will include:

(a) troubleshooting;

(b) data analysis testing to improve our website, products/services, marketing, customer relationships and experiences;

(d) hosting of data;

(e) improving the use of the software available on our website; and

(f) marketing, including direct marketing (except worker personnel information), which we have explained further below this table. .

(a) Identity data

(b) Contact details

(d) Marketing and Communications

(e) Technical data

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise, to define types of customers for our products and services, to keep our website updated and relevant and to develop our business and to inform our marketing strategy).

(b) Necessary to comply with a legal obligation.

To deliver relevant website content and advertisements to you, to measure or understand the effectiveness of the advertising we serve to you and to make suggestions and recommendations to you about services that may be of interest to you.

(a) Identity data

(b) Contact details

(d) Marketing and Communications

(e) Technical data including

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

To maintain a history of any data access and modifications to the system, for security and auditing purpose.

(a) Identity data

(b) Contact details

(d) Transaction data

Necessary for our legitimate interests (to define types of customers for our products and services).

To process and complete transactions, including registration for the use of the HammerTech Software and send you related information.

(a) Identity data

(b) Contact details

(a) Performance of a contract with you.

(b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services, particular in order to develop our services and grow our business).

To register you as a new customer and deliver our services to you including enforcing our rights arising from any agreements entered into between you and us, dealing with payments, billing collection and invoice recovery.

(a) Identity data

(b) Contact details

(d) Transaction data

(a) Performance of a contract with you.

(b) Necessary for our legitimate interests (to keep our records updated)

To verify your identity and identify authorized users of the HammerTech Software and the other HammerTech Services, including creating ID badges, to prevent fraud or other unauthorized or illegal activity.

(a) Identity data

(b) Contact details

(a) Necessary for our legitimate interests (for running our business, network security and to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

(b) Necessary to comply with a legal obligation.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us, and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt-out of receiving these marketing messages, this will not apply to the personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website, www.hammertech.com/en-gb/company/about-us. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the website.

Change of purpose

We will only use your personal data for the reasons we collected it unless we reasonably 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 your 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 your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the table in section 4 (How we use your personal data) above.

Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
Specific third parties as set out in the Glossary.
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 your 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 your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We share your personal data within the HammerTech Group (with entities located in UK, Australia, United States and Canada). This may involve transferring your data outside the UK and EEA to various overseas territories such as Australia and United States.

Some of our external third parties may be based outside the UK and EEA so their processing of your personal data will also involve a transfer of data outside the UK and EEA.

Whenever we transfer your personal data out of the UK and EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where the country is not deemed to have an adequate level of protection, we (i) will use specific contracts approved for use in the UK and EEA (called Standard Contractual Terms and/or International Data Transfer Agreements) which give personal data the same protection it has in the UK and EEA, and (ii) undertake a data transfer risk assessment to ensure the protection of your data.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EEA.

7. Data Security

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

8. Data Retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To decide the appropriate retention period, 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 your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see section 9 (your legal rights) below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including 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 that we hold about you and to check that we are lawfully processing it.
request correction of your personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
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 laws. Please 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 your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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; (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
withdraw consent 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.

If you wish to exercise any of the rights set out above, please contact us using the details in section 2 above.

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 could 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 could 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.

10. Glossary

PRIVACY LAWS

At the date of this version of this privacy policy:

The UK privacy laws include: (i) the Data Protection Act 2018 (“DPA”); (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”); and (iii) the UK GDPR, being the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) and as defined by section 3(10) of the DPA.
The European (and EEA) privacy laws include: (i) the General Data Protection Regulation ((EU) 2016/679); and (ii) the PECR.

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/product and the best and most secure experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the HammerTech Group, acting as joint controllers or processors may provide our services to you and may also provide IT, system, financial and other administrative services. Our other companies are based in Australia and United States.

External Third Parties

We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), such as software and data base servers, voice and SMS communications, invoicing and payment processing, support,. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services. These Services Providers may have adopted their own privacy policies, which are not subject to control by HammerTech. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of Service Providers, please email us at support@hammertechglobal.com.

The Service Providers may also transmit cookies to your computer or device when you click on ads that appear on or through the Service.