Effective date: 28/05/2018
As the operators of the www.theforesight.co.uk website, Top One Percent Limited registered in England and Wales with Company Registration Number 9586528 and having its registered office address at First Floor, Western House, Western Street, Nottingham, NG1 3AZ (“We”, “Us”, “Top One Percent Ltd”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy”) relates to services provided through our website and application (“Services”) and sets out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
Service is the theforesight.co.uk mobile application operated by Top One Percent Ltd
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
For the purpose of, the General Data Protection Regulation (“GDPR”), from the GDPR implementation date or, until GDPR implementation date, the Data Protection Act 1998 (collectively the “Data Protection Laws”):
in respect of the personal data of users of the Website and the Services and business contacts and prospects of Foresight, the Data Controller is Top One Percent Limited;
Information we collect from you
We collect and process some or all of the following types of information from you:
Information that you provide by filling in forms on the theforesight.co.uk website (“Website”). This includes information provided at the time of registering to use the Website, subscribing to our Services, posting material or requesting further information or services. We may also ask you for information when you report a problem with the Website.
If you contact Us, We may keep a record of that correspondence.
Details of all actions that you carry out through the Website and of the provision of services to you.
Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, the site that referred you to our site and the resources that you access.
The provision of your full name and e-mail address, is required from you when you register to use our Services We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.
Information we collect from other sources
From time to time we also obtain personal data from other sources as follows:
names and contact details of Customer personnel who will be added as account members for the Customer’s account, may be added by existing account members;
Uses made of your information when you request assistance from Foresight Support
If you request assistance by a representative of Foresight, the Foresight representative may obtain access to your Foresight account for the purposes of resolving your inquiry. Under those circumstances, the Foresight representative will assume your role in Foresight and view your account as you would when you log in.
Foresight reserves the right to assume the role of a user in your account without prior notice in certain situations, for example when it is necessary for security purposes (such as investigating a bug or abuse) or when it is necessary to comply with applicable law.
Uses made of your information
Where you are using our Services on behalf of our Customer, we rely on legitimate interests in performing our contract with our Customer as the lawful basis on which We collect and use your personal data.
We use information held about you in the following ways:
To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you or our Customer.
To carry out our obligations arising from any contracts entered into between our Customer (on whose behalf you are using the Services) and Us.
To notify you about changes to our Services and provide you with information that is relevant to your use of the Services.
Where you or your employer are a prospective Customer, to provide you with information about our Services for marketing purposes. To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties may have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Disclosure of your information
We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Website Terms and Conditions and other agreements, but we will endeavour to minimise such disclosure to only that reasonably necessary and, where possible, to provide you with notice of such disclosure; and/or
to protect the rights, property, or safety of Top One Percent Limited, the Website, our users and any third party we interact with to provide the Website.
How we store your personal data
We take appropriate measures to ensure that all personal data is kept secure including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way, for the duration of your use of our Services. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website, therefore any transmission remains at your own risk. Once we have received your information, we will use strict procedures and security features in order to prevent unauthorised access.
Keeping your personal data up to date
If your personal details change you may update them by accessing the relevant page of the Website, or by contacting Us using the contact details below.
We will endeavour to update your personal data within thirty (30) days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.
Where we store your personal data
The data that We collect from you and process as a result of your use of the Services may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
In particular, your data may be stored by Foresight’s hosting service provider (Amazon Web Services) on servers in the USA (for backup purposes) as well as in the EU. The USA does not have the same data protection laws as the United Kingdom and EEA. We use a PaaS (Platform as a Service) provider called “Heroku” (owned by Salesforce) to manager all hosting infrastructure. Heroku / Salesforce operate the EU-U.S. and Swiss-U.S. Privacy Shield Framework, a globally recognised information security framework to ensure data is processed to the security standards required by the EU.
How long we keep your personal data
We will hold all the data for so long as we have an obligation to the Customer to provide the Services, and thereafter until such time as we delete the Customer’s account in accordance with our Customer Terms and Conditions.
Your personal information will be deleted on one of the following occurrences:
deletion of your personal information by you (or by another person engaged by the Customer); or
receipt of a written request by you (or another person engaged by the Customer) to us.
Your rights under the GDPR (General Data Protection Regulation)
Under the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
access to your personal data and to certain other supplementary information that this Policy is already designed to address
require Us to correct any mistakes in your information which We hold
require the erasure of personal data concerning you in certain situations
receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
object at any time to processing of personal data concerning you for direct marketing
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
object in certain other situations to our continued processing of your personal data
otherwise restrict our processing of your personal data in certain circumstances
claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please contact us using our Contact details below.
Third Party Websites
How to complain
We hope that We can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
IP Addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration, customer support and to collect aggregate information for internal reporting purposes.
The cookies we use are “analytical” cookies. Some of the common uses for our cookies are as follows:
to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.
to identify and authenticate a user across different pages of our Website, within our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and
to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user.