Data Protection Policy

Definitions

GDPR - The General Data Protection Regulation

Register of Systems: A register of all systems or contexts in which personal data is processed by Fluent Commerce.

1. Data Protection Principles

Fluent Commerce is committed to processing data in accordance with its responsibilities under the GDPR.

Article 5 of the GDPR requires that personal data shall be:

a. Processed lawfully, fairly and in a transparent manner in relation to individuals.

b. Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

c. Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

d. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.

e. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals.

f. Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

2. General Provisions

a. This policy applies to all personal data processed by Fluent Commerce.

b. This policy shall be reviewed at least annually.

3. Lawful, Fair and Transparent Processing

a. To ensure its processing of data is lawful, fair and transparent, no data will be processed in a way that is unduly detrimental, unexpected or misleading to the individuals concerned.

b. Fluent Commerce shall maintain a Register of Systems, which is reviewed annually.

c. Individuals have the right to access their personal data and any such requests made to Fluent Commerce shall be dealt with in a timely manner.

4. Lawful Purposes

a. All data processed by Fluent Commerce must be supported by at least one of the following lawful bases:

• Consent: the individual has given clear consent
• Contract: the processing is necessary for a contract we have with the individual, or because they have asked to take specific steps before entering into a contract.
• Legal obligation: the processing is necessary for you to comply with.
• Vital interests: the processing is necessary to protect someone’s life.
• Public task: the processing is necessary to perform a task in the public interest or for official functions, and the task or function has a clear basis in law.
• Legitimate interests: the processing is necessary for legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

b. Fluent Commerce shall note the appropriate lawful basis in the Register of Systems.

c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.

d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in Fluent Commerce’s systems.

5. Data Minimization

a. Fluent Commerce shall ensure that personal data being processed is:

• Adequate – sufficient to properly fulfill its stated purpose.
• Relevant – has a rational link to that purpose.
• Limited to what is necessary – We do not hold more than needed for that purpose.

6. Accuracy

a. Fluent Commerce shall take reasonable steps to ensure personal data is accurate and have appropriate processes in place to check the accuracy of the data we collect and record the source of that data.

b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

c. Upon discovery of inaccuracy or any challenge to the data accuracy is raised, Fluent Commerce will review and if needed, will take steps to correct or erase it as soon as possible.

7. Archiving/Removal

a. To ensure that personal data is kept for no longer than necessary, Fluent Commerce shall put in place an archiving policy for each area in which personal data is processed and review this process annually.

b. The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

a. Fluent Commerce shall ensure that personal data is stored securely using encryption techniques and modern software that is kept up-to-date.

b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information.

c. When personal data is deleted this should be done safely such that the data is irrecoverable.

d. Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, Fluent Commerce shall promptly assess the likelihood and severity of the resulting risk to people’s rights and freedoms and if appropriate report this breach to the ICO.

Any notification, when possible, will contain:

• A description of the nature of the personal data breach including, where possible:
  • The categories and an approximate number of individuals concerned.
  • The categories and an approximate number of personal data records concerned.
• The contact information of the Fluent Commerce representative.
• A description of the likely consequences of the personal data breach.
• A description of the measures taken, or proposed to be taken, to deal with the personal data breach, including, where appropriate, the measures taken to mitigate any possible adverse effects.