1. Introduction

1.1 Background

The Prosperly Marketing Group of businesses creates and maintains an extensive range of innovative marketing solutions and services - all designed or selected to meet the specific needs of clients.

  • Prosperly provides HubSpot consultancy to SMEs around the globe.
  • Chirpp is a SaaS app that helps SMEs to automate the request and collection of recommendations and testimonials.

The GDPR (General Data Protection Regulation) and the Data Protection Act 2018 set out the legal obligations for organisations in regard to the processing of personal data.

(For the purposes of this Privacy Policy, “We”, “Us”, ”Our”, “Prosperly” and “PMG” means Prosperly Marketing Group (Reg No. 11866856)

1.2 Purpose and scope of this Policy

PMG is committed to protecting and respecting the privacy of individuals.

This Privacy Policy outlines how PMG collects, stores and uses personal information that it collects about customers, candidates, examiners and visitors to the PMG websites.

This Privacy Policy is intended for circulation to PMGs customers, suppliers and other interested parties. It is supported by an internal data protection framework.

This Privacy Policy is intended for use in conjunction with the PMG Data Protection Policy (available on request), the Terms of Website Use and the Cookies Policy (which are available on each PMG company’s website). These documents set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

1.3 Lawful Basis for Processing

We will only process your data if there is a lawful basis for such processing. The lawful basis for processing Personal Data will be one of the following:

Consent

You have given PMG clear and specific consent for processing your data.

Contract

You, or the organisation you work for, have entered into a contract with us in which the processing of your data is required.

Legal obligation

We need to process your data in order to comply with a common law or statutory obligation.

Legitimate interests

We have a legitimate interest in processing your data in circumstances where it would be reasonable for you to expect such data processing and where there is a minimal privacy impact. Some direct marketing activities may be based on legitimate interests. Where legitimate interest is deemed to apply, PMG will have carried out a Legitimate Interest Assessment.

1.4 Contact details:

For the purpose of data protection legislation, the data controller is:

Prosperly Marketing Group Ltd which each has their registered office at: 33 Beech Road, Alresford, Hampshire, SO249JS.

Other websites

Our websites may contain links to other sites. PMG is not responsible for the privacy practices or the content of such websites. The websites may also include comment fields, chat rooms, forums, message boards, and newsgroups. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

2. How we get your personal data

2.1 Information about you that you give us

  1. when filling in forms on our websites (listed in 1.5 above);
  2. by corresponding with us by phone, email or otherwise;
  3. by calling one of our support helplines, where calls may be recorded
  4. when you register to use our websites;
  5. when you subscribe to our services;
  6. when you place an order on one of our websites;
  7. when you, leave reviews for products, participate in discussion boards or other social media functions on our websites
  8. when you enter a competition, promotion or survey;
  9. when you attend an PMG activity, such as a seminar;
  10. when you report a problem with our websites; and
  11. when you participate in a market research panel run by PMG

The information you give us may include your name, address, e-mail address and phone number, organisation, job role or title, financial and credit card information and some interests/preferences.

2.2 Information about you that we collect

Concerning each of your visits to our websites we will automatically collect the following information:

  1. technical information, including your login information, the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
  2. information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page platform and any phone number used to call our customer service number.

2.3 Information we receive from other sources

This is the information we receive about you if you use any of the websites we operate or other services we provide. In these cases, we will have informed you when we collect that data if we intend to share those data internally and combine it with data collected on our websites. We will also have told you for what purpose we will share and combine your data.

We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

We may also purchase marketing lists, containing contact data, from trusted third parties. We will always ensure that there was an appropriate lawful basis for the collection of this data.

3. How we use your personal data

3.1 Information you give us

We will use the information you give us:

  1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  2. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about where we have a legitimate business purpose to do so;
  3. where relevant, to provide you with a support newsletter for the product(s) you have purchased. This may include updates, future roadmaps, technical articles and product information. You can unsubscribe from these at any time.
  4. to notify you about changes to our service;
  5. to ensure that content from our site is presented most effectively for you and your computer; and
  6. to notify you about any recalls of goods that you have or may have purchased from PMG.

3.2 Information we collect about you

We will use the information we collect about you:

  1. to administer our websites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  2. to improve our websites to ensure that content is presented in the most effective manner for you and your computer;
  3. to allow you to participate in interactive features of our services when you choose to do so;
  4. as part of our efforts to keep our websites safe and secure;
  5. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  6. to make suggestions and recommendations to you and other users of our websites about goods or services that may interest you or them.

IP addresses

The Internet protocol (IP) address used to connect your computer to the Internet. We use your IP address for the following purposes:

  1. Ops issue triage: if you notify us of an issue, or our monitoring identifies an issue, then the information within the servers’ logs is used to identify the root cause and, wherever possible, identify a fix.
  2. Issue trending: this provides us with aggregated trend data so we can monitor the quality of the service year-on-year.
  3. Application usage data: we use server logs to review system usage, both for issue triage and for service reporting year-on-year.

Cookies

We use cookies on our websites to improve your experience on the websites, mainly so that we don't have to ask you for your information on every page you visit. It also allows us to personalise the information shown to be closer to your interests.

We (or third-party data processors acting on our behalf) may collect, store, and use your personal information for individual website experience improvement.

For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy which can be found on every PMG website.

3.3 Marketing

We collate the information collected about you or provided by you in order to offer you a more tailored marketing experience but always where we either have your consent or where PMG has a legitimate business purpose to do so.

For marketing purposes, we may collect, store and use the following kinds of personal data:

  1. information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);
  2. information that you provide to us for the purpose of registering with us (including name, company, telephone number and email address); and
  3. any other information that you choose to send to or tell us.

We will use this information to provide you or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you with PMG information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you are happy for us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data. You can unsubscribe from receiving these at any time;

If your email address is linked to a business account, we may process your data on the basis of legitimate interests. However, it is possible that we would also recognise your email as belonging to an individual and, in that scenario, we would process your data only if you have given consent. It is possible for one email address to be against both business and personal classifications.

For example, if yourname@gmail.com is linked to a business account, PMG will market to you in your business capacity on the basis of legitimate interests until you unsubscribe from these emails. Additionally, since the email address is classified as also belonging to an individual, we will market to you in your personal capacity only if we have received your consent to do so. Your consent may be withdrawn at any time.

3.4 Sharing with PMG companies

PMGs provision of the products or services to you may require the transfer of data to any of PMGs wholly-owned subsidiaries.

PMG has a central database which all PMG companies can access. Some personal data (such as the name on an invoice, or a contact) may be visible by all PMG companies.

3.5 Sharing with Third Parties

We may share your data with external third parties for the following reasons:

  1. We may share your data with external third parties directly involved in the provision of PMG products and services where you have requested those PMG products and services. Your data will be processed in accordance with their privacy policy or the terms of PMGs agreement with that third party. Upon confirmation of the product/services you require details about, PMG will supply details of any relevant third parties.
  2. We may share your data with external third parties indirectly involved in the provision of PMG products and services, e.g. product feedback requests. Your data will be processed in accordance with their privacy policy or the terms of PMGs agreement with that third party. Upon confirmation of the product/services you require details about, PMG will supply details of any relevant third parties. You will always have the option to decline to provide product feedback.
  3. If you have consented, we may share your data with external third parties in order that you can be contacted to complete surveys, so we can study how our customers use our products and services and improve our offering accordingly. You are not obliged to complete the survey sent to you.
  4. We (or third-party data processors acting on our behalf) may collect, store, and use your personal information for the following purposes, only with your explicit consent:
    • Service requests (including enquiry response)
    • Electronic marketing

PMG uses some services and/or products from external third parties in order to provide the services you have requested. This may include (by way of example only) third parties that provide online storage and other facilities. Further details can be found within the Terms and Conditions related to the product or service you have purchased. If PMG becomes aware of any such third party wishing to transfer your data outside the European Economic Area, PMG shall request that the third party enters into an agreement with PMG based upon standard contractual clauses approved by the European Commission for transfers of personal data to processors outside of the European Economic Area and which agreement shall include security obligations on such third party.

4. Disclosure of your information

Sharing your personal information

You agree that we have the right to share your personal information with:

  1. Any member of the PMG Group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
  2. Selected third parties including:
    1. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
    2. advertisers and advertising networks that require the data to select and serve relevant adverts to you and others provided we have a lawful basis to do so;
    3. analytics and search engine providers that assist us in the improvement and optimisation of our websites; and
    4. credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

Disclosure to third parties

We will disclose your personal information to third parties:

  1. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  2. If any PMG company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  3. 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 terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of any of our PMG companies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5. Where we store your personal data

The data that we collect from you may be transferred to, and stored at:

  1. Third-party cloud-hosted environments, e.g. HubSpot, Google Compute Engine, Microsoft Azure etc
  2. Third-party data centres, using servers that reside only in the UK.
  3. A destination outside the European Economic Area (”EEA). Your personal data may be processed by PMG staff operating outside the European Economic Area ("EEA") who work for us, or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, 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. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
  4. A destination outside the European Economic Area (”EEA). PMG uses LinkedIn Sales Navigator to match possible marketing contacts. LinkedIn data is stored in the USA. If you use LinkedIn and have accepted its Terms & Conditions, you have accepted this data processing outside the EEA. If you do not use LinkedIn and have not accepted its Terms & Conditions, your data in PMG systems may be briefly transferred to the USA. At the point of transfer, if a LinkedIn match is not found, your data will be immediately deleted by LinkedIn.

6. How your data is protected

Security

PMG uses a range of security measures in order to protect Personal data.

A wide range of technical controls are used, including but not limited to:

  • Data encryption
  • Anti-virus and anti-malware software
  • Network monitoring
  • Access management
  • Vulnerability scanning and penetration testing

A wide range of non-technical controls are used, including but not limited to:

  • Physical security controls at PMG offices
  • Security policies, including Data Classification & Handling, Data Protection, etc.
  • Security training

The implementation of such controls may vary between specific products and services.

Security: websites

All websites have security measures in place to protect the loss, misuse and alteration of the information under our control. Where necessary PMG will inform law enforcement agencies or other relevant organisations regarding misconduct.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted and utilise technologies to ensure PCI DSS compliance. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

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 our websites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. HOW LONG YOUR DATA IS KEPT

PMG has established a data retention framework based on statutory and non-statutory guidance. The framework applies to both digital and non-digital data. In regard to the retention of personal data of individuals who are neither employees nor former employees, data retention schedules will be applied in accordance with the following:

  1. Contracts
  2. Product-specific and service-specific data retention schedules

Data retention schedules will be documented and will be communicated, either through terms and conditions of the relevant product and/or service or upon request.

8. Your data protection rights

Individuals’ Rights

In accordance with data protection legislation, PMG recognises that data subjects have specific rights that must be protected and observed.

Right to be informed

PMG provides employees, customers and other third parties with information about how personal data is collected, processed and managed. PMG seeks to provide this information in language that is clear, concise and intelligible. This information is intended to be easily accessible for internal and external users.

Right of access

PMG provides data subjects with access to the personal data that it manages as a data controller. A Subject Access Request (SAR) process has been defined (see paragraph 9 below) and communicated. Data subjects for whom PMG is not the data controller but may process their personal data, should – in the first instance – contact the data controller directly when requesting such access.

Right to rectification

PMG recognises the right of individuals to have inaccurate or incomplete data to be amended. Data subjects for whom PMG is not the data controller, should – in the first instance – contact the data controller when making a data rectification request.

Right to erasure

PMG recognises the right of individuals to request for their data to be deleted or removed where there is no compelling reason for its continued processing. PMG will, in all cases, follow the ICO’s guidance on how and when such a request should be observed. PMG maintains a data retention schedule so that personal data is not retained for longer than is necessary with regard to the purpose for which the data was original collected. However, some personal data may be required to be retained in order to observe other legal or regulatory obligations. In addition, in line with the ICO’s guidance on the constraints that existing when deleting data retained in digital back-ups, PMG will seek to place such back-ups beyond effective use.

Right to data portability

Where the right of portability applies, as defined by the ICO, PMG will provide data in a form that is structured, commonly used and in a machine-readable form. In most cases, this will be the CSV format.

Right to object

PMG recognises the right of individuals to object to the processing of their personal data, where such objections are allowable under data protection legislation. Rights related to automated decision making including profiling PMG does not use automated decision making where such decisions have a significant effect on data subjects.

Withdrawing consent

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by not checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us using the details set out below.

The 'Manage my Preferences' link, found in all automated communications, will give you access to an area to show your preferences for communication.

Each time you receive electronic marketing information from us, you have the option to decline to receive further marketing information from us.

To stop receiving email communications from PMG in the future, you can:

Click the 'Manage my Preferences' link and follow the onscreen instructions.

If you change your preferences, we will endeavour to ensure our systems reflect this within one (1) week of receiving your alteration. Please note that if you terminate your PMG account but have also subscribed to newsletters, for example, you must additionally unsubscribe from these in order to cease receiving communication. This also applies to any third parties you have agreed we can share your information with. To prevent you from receiving such communications from PMG in the future, you can send a letter clearly identifying yourself and asking that we remove you from our contact lists. Contact details are set out below.

Third-party websites

Our websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Right of complaint to the ICO

Should you have a concern about PMGs information rights practices, please report it to us for investigation. If, following our internal review, you are not satisfied, you can report the matter to the Information Commissioner’s Office.

9. Subject access request

The Data Protection Legislation gives you the right to access information held about you. Your right of access can be exercised in accordance with such legislation. Upon receipt of a request to our Data Protection Officer and upon validation of the requestor’s identity, PMG will within one (1) month:

  1. confirm whether any of your personal data is being processed;
  2. provide a description of the personal data, the reasons it is being processed and whether it is given to any other organisations; and
  3. if it is not disproportionate to do so, provide copies of the information comprising the data.

If the request is particularly complex or numerous, PMG may extend the period for repose by up to two (2) months.

If the request is manifestly unfounded or excessive, PMG may charge a fee or refuse to respond.

If disclosing the personal data will adversely affect the rights and freedoms of others, PMG may withhold such personal data. This may extend to intellectual property and trade secrets.

10. Changes to our privacy policy

Any changes we make to the Privacy Policy in the future will be posted on each website. Please check back frequently to see any updates or changes to this Privacy Policy.

11. Contact

If you have any questions or comments about this Privacy Policy, please contact our Data Protection Officer:

PMG Data Protection Officer

33 Beech Road, Alresford, Hampshire, SO249JS