Last updated October 2023
1. INTRODUCTION
1.1 Important information and who we are
Welcome to Simplify Operations Ltd’s Privacy and Data Protection Policy (“Privacy Policy”).
Simplify Operations Ltd is a company registered in England and Wales with registered company number 13288825 and trading as "Habitude".
At Simplify Operations Ltd (“we”, “us”, or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the United Kingdom General Data Protection Regulation (“GDPR”), the Data Protection Act 2018 and all other mandatory laws and regulations of the United Kingdom.
This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, how the law protects you.
The individuals from which we may gather and use data can include:
Customers
Business contacts
Third parties connected to your customers
and any other people that the organisation has a relationship with or may need to contact.
This Privacy Policy applies to all our employees and staff members and all Personal Data processed at any time by us.
1.2 Who is Your Data Controller and Data Protection Officer
Simplify Operations Ltd is your Data Controller and responsible for your Personal Data.
We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights surrounding your Personal Data please contact the DPO using the details set out below:
Full name: Isolde Dorrian
Email address: izzi@habitude.co
Postal address: 23 Elmsdale Road, London, E17 6PN, United Kingdom
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
1.3 Processing Data on Behalf of a Controller and Processors’ responsibility to you
In discharging our responsibilities as a Data Controller we have employees who will deal with your data on our behalf (known as “Processors”). Therefore, the responsibilities described below may be assigned to an individual, or may be taken to apply to the organisation as a whole. The Data Controller and our Processors have the following responsibilities:
Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR (see 2.2 below for more information on those bases);
Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;
Obtain the prior specific or general authorisation of the Controller before engaging another Processor;
Assist the Controller in the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights;
Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
Maintain a record of all categories of processing activities carried out on behalf of a Controller;
Cooperate, on request, with the supervisory authority in the performance of its tasks;
Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller;
Notify the Controller without undue delay after becoming aware of a Personal Data Breach;
Designate a data protection officer where required by the GDPR, publish their details and communicate them to the supervisory authority; and
Support the data protection officer in performing their tasks by providing resources necessary to carry out those tasks and access to Personal Data and processing
operations, and to maintain their expert knowledge;
In making use of Google API Services with customers, the principles of the Google API Service Data Policy will be complied with.
2. LEGAL BASIS FOR DATA COLLECTION
2.1 Types of Data / Privacy Policy Scope
“Personal Data” 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 which we have grouped together below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect and when we collect it from you:
Profile/Identity Data: This is data relating to your first name, last name, gender, date of birth.
Contact Data: This is data relating to your phone number, addresses, email addresses, phone numbers.
Marketing and Communications Data: This is your preferences in receiving marketing information and other information from us.
Financial Data: These are your banking details e.g. your account number and sort code.
Transactional Data: This is information of details and records of all payments you have made for our services or products.
Workplace: Where the individual works
Job Role: The role they undertake at their workplace
We also collect use and share Aggregated Data such as how often users complete their onboarding processes. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
We may also aggregate data to enable research or analysis so that we can better understand and serve you and others. For example, we may conduct research on your demographics and usage. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. We may share this type of anonymous data with others, including service providers, our affiliates, agents and current and prospective business partners.
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.
2.2 The Legal Basis for Collecting That Data
There are a number of justifiable reasons under the GDPR that allow collection and processing of Personal Data. The main avenues we rely on are:
“Consent”: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service.
“Contractual Obligations”: We may require certain information from you in order to fulfil our contractual obligations and provide you with the promised service.
“Legal Compliance”: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
“Legitimate Interest”: We might need to collect certain information from you to be able to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests. Examples could be your address, so that we know where to deliver something to, or your name, so that we have a record of who to contact moving forwards.
3. HOW WE USE YOUR PERSONAL DATA
3.1 Our Uses
We will only use your Personal Data when the law allows us to. Set out below is a table containing the different types of Personal Data we collect and the lawful basis for processing that data. Please refer to section 2.2 for more information on the lawful basis listed in the table below.
Examples provided in the list below are indicative in nature and the purposes for which we use your data may be broader than described but we will never process your data without a legal basis for doing so and it is for a related purpose. For further inquiries please contact our Data Protection Officer.
a. When a profile is created for a customer
Type of data: Profile /Identity Data
Legal justification: Contractual Obligations
Lawful basis for processing data: Setting up profiles for users is a necessary part of
the functionality of the Habitude product which will have been purchased by their
employer organisations
b. When a profile is created for a customer
Type of data: Contact Data
Legal justification: Contractual Obligations
Lawful basis for processing data: Setting up profiles for users including email addresses is a necessary part of the functionality of the Habitude product which will have been purchased by their employer organisations
c. When creating habits e.g. Checklist function where certain documents are pushed out to staff members of a customer organisations via the platform for them to access and read
Type of data: Profile/ Identity Data
Legal justification: Contractual Obligations
Lawful basis for processing data: Being able to send information to customer's staff is
a key part of the function of the platform
d. When creating habits e.g. Checklist function where certain documents are pushed out to staff members of a customer organisations via the platform for them to access and read
Type of data: Contact Data
Legal justification: Contractual Obligations
Lawful basis for processing data: Being able to send information to customer's staff is a key part of the function of the platform
e. When a user requests and attending a live demo of our products/services or inquires into our services through a call with members of our sales/support team
Type of data: Profile/ Identity Data
Legal justification: Consent
Lawful basis for processing data: Certain company information will be taken at this time,
including names of staff members and users.
f. To administer and protect our business (the Site and Platform) including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data
Type of data: Technical Data
Legal justification: Legitimate Interest
Lawful basis for processing data: 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
g. To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Type of data: Usage Data
Legal justification: Legitimate Interest
Lawful basis for processing data: To define types of customers for our products and services, to keep our Site and Platform updated and relevant, to develop our business and to inform users about marketing strategy
4. YOUR RIGHTS AND HOW YOU ARE PROTECTED BY US
4.1 What Control Do I Have Over Simplify Operations Ltd’s Use Of My Personal Data?
Your account information will be protected by a password for your privacy and security.
You will need to contact us if you would like to delete your account.
4.2 Opting Out Of Marketing Promotions
You can ask us to stop sending you marketing messages at any time by clicking 'Unsubscribe' in any emails sent or by emailing hello@habitude.co.
Where you opt out of receiving these marketing messages, we will continue to retain other Personal Data provided to us as a result of interactions with us not related to your marketing preferences.
4.3 How to Request your Data and the Process for Obtaining it
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.
We may need to request specific information from you to help us confirm your identity and ensure you have the 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.
5. YOUR DATA AND THIRD PARTIES
5.1 Will We Share Your Data With Third Parties?
We may also share Personal Data with interested parties in the event that Simplify Operations Ltd anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
If Simplify Operations Ltd is sold or makes a sale or transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your Personal Data. In all other situations your data will still remain protected in accordance with this Privacy Policy (as amended from time to time).
We may share your Personal Data at any time if required for legal reasons or in order to enforce our terms or this Privacy Policy.
We may also share Personal Data with service providers providing IT services and data storage services as well.
6. HOW LONG WILL WE RETAIN YOUR DATA FOR?
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
7. AGE LIMIT FOR OUR USERS
You must not use Simplify Operations Ltd unless you are aged 16 or older. If you are under 16 and you access Simplify Operations Ltd by lying about your age, you must immediately stop using Simplify Operations Ltd.
This website is not intended for children and we do not knowingly collect data relating to children.
8. NOTIFICATION OF CHANGES AND ACCEPTANCE OF POLICY
We keep our Privacy Policy under review and will place any updates on this webpage. This version is dated 21 September 2021. Continued access or use of Simplify Operations Ltd will constitute your express acceptance of any modifications to this Privacy Policy.
9. INTERPRETATION
All uses of the word "including" mean "including but not limited to" and the enumerated examples are not intended to in any way limit the term which they serve to illustrate. Any email addresses set out in this policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored. Unless otherwise required by law, we reserve the right to not respond to emails, even if they relate to a legitimate subject matter for which we have provided an email address. As a matter of common sense, you are more likely to get a reply if your request or question is polite, reasonable and there is no relatively obvious other way to deal with or answer your concern or question (e.g. FAQs, other areas of our website etc.).
Our staff are not authorised to contract on behalf of Simplify Operations Ltd, waive rights or make representations (whether contractual or otherwise). If anything contained in an email from a Simplify Operations Ltd address contradicts anything in this policy, our terms or any official public announcement on our website, or is inconsistent with or amounts to a waiver of any Simplify Operations Ltd rights, the email content will be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the Simplify Operations Ltd legal department.
© Simplify Operations Ltd.
All Rights Reserved.