Website Privacy Notice

Date of Last Update:  December 1^st 2024

Scope & Purpose

Welcome to the Fortium Technologies Limited Privacy Notice.

Fortium Technologies Limited (hereinafter ‘Fortium’) respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform about (a) how we look after your personal data when you use the Fortium software or website (regardless of from where you visit it) and (b) your privacy rights and how the law protects you. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.

This Privacy Notice aims to provide information on how Fortium  collects, uses, and processes personal information (which includes personal data as defined in the General Data Protection Regulation (“GDPR”) and the GDPR as amended and transposed into the laws of the United Kingdom pursuant to the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 (“UK GDPR”), i.e. any information relating to an identified or identifiable natural person) that you provide when you access Fortium’s domain websites or make use of its products or services.  Otherwise, it does not cover any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link or data that we or our affiliates collect offline or through websites, products, or services that do not display a direct link to this Policy

The Fortium software and website is intended for adults. We do not intentionally or knowingly collect personally identifiable information from persons under the age of 18, and we request that individuals under the age of 18 do not submit any personal information on the website.

It is important that you read this Privacy Notice in order that you are fully aware of how and why we are using your data.

Controller

Fortium is the controller of the data and is responsible for your personal data (collectively referred to as “Fortium “, “we”, “us” or “our” in this Privacy Notice).

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Fortium Technologies Limited

Postal address:  Unit 6 Bridgend Business Centre, Bennett St, Bridgend, CF31 3SH, UK

Telephone number:  UK: +44 (0) 330 053 9690, US: +1 310 987-4683

Name or title of DPO: Data Protection Officer  / Email address: [email protected]

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. Therefore, all issues should be addressed with us directly in the first instance.

Changes to the Privacy Notice and your duty to inform us of changes

This version was last updated on 1^st December 2024. 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

Links may be included on our website or within our products 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 links and are not responsible for their privacy statements. Please note that our affiliates and other data recipients have their own data privacy policies which may differ from ours, and you would have to contact them separately with respect to opt-out requests.

The data we collect about you

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). In each such instance, you will know what data we collect through the Company websites, products and services, because you actively submit it. We may collect, use, store and transfer various kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, last name, username or similar identifier.
• Contact Data includes billing address, delivery address, email address, telephone numbers and organisation name.
• Financial Data includes bank account and payment card details.
• Transactional Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, media access control (MAC) address,  your login data, Fortium software access activity (where applicable, including applications used), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access Fortium software applications or website.
• Profile Data includesyour username and password, purchases or orders made by you, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Aggregated Data such as statistical or demographic data is collected, used and shared for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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 Notice.
• Special Categories of Personal Data We do not collect any special 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, should you fail to provide that data when requested, we may not be able to perform the contract with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your identity and contact information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Apply for our products or services.
• Create an account on our website.
• Create an account within the Fortium software.
• Creation of a request for support via a Support Ticket.
• Subscribe to any of our services or publications.
• Request thatmarketing to be sent to you.
• Enter a competition, promotion or survey.
• Provide us with feedback.

Automated technologies or interactions. As you interact with our Fortium software applications or website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. To the extent required by applicable law, we will obtain your consent before placing cookies or similar technologies on your computer. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use certain features or areas of our site may be limited.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

• Analytics providers such as Google and Lead forensics.
• Search information providers such as Google.
• Product licence providers such as PACE Anti-Piracy.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.

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 we are about to enter into 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 or regulatory obligation.

We do not rely on consent as a legal basis for processing your personal data other than in relation to 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 set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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 you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the list below.

Purpose	Types of Data	Lawful basis for collection of data
New client registration	Identity Contact	Contractual performance
Order processing and delivery including management of payments, fees and charges and collection and recovery of debt	Identity Contact Financial Transactional Marketing & Communications	Contractual performance / legitimate business interest (e.g. recovery of debt)
To manage our relationship with you which will including  notifying you about changes to our terms or Privacy Notice, asking you to leave a review or take a survey.	Identity Contact Profile Marketing and Communications	Performance of a contract with you / Necessity to comply with a legal obligation / Necessity for our legitimate interests (to keep our records updated and to study how customers use our products/services).
To enable you to partake in a prize draw, competition or complete a survey.	Identity Contact Profile Usage Marketing and Communications	Performance of a contract with you / Necessity for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
To allow content owners access to audit records of file activity relating to content they own.	Identity Contact Technical	Necessity 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) / Necessity to comply with a legal obligation / Necessity to provide customer support.
To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	Identity Contact Technical	Necessity 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) / Necessity to comply with a legal obligation.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Identity Contact Profile Usage Marketing and Communications Technical	Necessity 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 use data analytics to improve our website, products/services, marketing, customer relationships and experiences.	Technical Usage	Necessity for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about goods or services that may be of interest to you.	Identity Contact Technical Usage Profile	Necessity for our legitimate interests (to develop our products/services and grow our business).

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 (defined as ‘marketing’).

You will receive marketing communications from us if you have (a) requested information from us, (b) purchased services from us or (c) if you have provided us with your details when you entered a competition or registered for a promotion. In each case, you will only receive further marketing communications if you have not opted out of receiving further marketing communications.

Third-party marketing

In the event that this occurs, we will secure your express opt-in consent before we share your personal data with any company for marketing purposes. It is, however, not our general policy to use third-party companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by clicking on unsubscribe links in marketing emails or by contacting us any time.

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

Change of purpose

We will only use your personal data for the purposes for which it was collected, unless we consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us for a further explanation.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis for this action.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, but only where this is required or permitted by law.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes outlined above.

Internal Third Parties as set out in the Glossary.

External 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, the new owners may use your personal data in the same way as set out in this Privacy Notice.

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.

International transfers

We are based in the United Kingdom. Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

If you are located in the UK, EEA or Switzerland, we will comply with applicable legal requirements regarding providing appropriate safeguards for the transfer of personal information to recipients in countries for which the European Commission, or the relevant authority in the UK or Switzerland (as the case may be) has not issued an adequacy decision. These safeguards may include data transfer agreements (such as ‘standard contractual clauses’) and we may be legally permitted to transfer your personal information outside the UK, the EEA and/or Switzerland using other methods. In all cases any transfer of your personal information will be compliant with applicable data protection law.

Whenever we transfer your personal data out of the 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 by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

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

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 and compliance with respective laws.

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 in accordance with legal requirements.

Data retention

For how long will you retain my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes for which it was originally collected, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, 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, in addition to complying with the applicable legal requirements.

Details of retention periods for various aspects of your personal data are available in our Retention Policy which you can request by contacting us.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data to:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

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 may 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 aim to respond to all legitimate requests within one month of initial receipt of such requests. Occasionally it may take us longer than a month if your request is particularly complex or you have made multiple requests. In this case, we will notify you and keep you updated.

GLOSSARY

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 (both positive and negative) and your rights 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation.

THIRD PARTIES

External Third Parties

• Amazon Web Services (AWS), based in Ireland and USA, acting as processors and providing IT and system administration services.
• Google Inc., based in the USA, providing website analytical services.
• Microsoft (Office 365 suite), based in the USA, acting as a processor and providing software services for communications and productivity.
• Freshworks Inc., based in the USA, acting as processors and providing Customer Support facilities.
• PACE Anti-Piracy, Inc., based in the USA, acting as processors based in the USA and providing software licencing services.
• Independent security evaluators, based in the UK and USA, acting as processors and providing data security consultancy services.
• Atlassian, based in the USA, acting as a ticketing and internal collaboration system for productivity, including Jira and Confluence.
• Xero Limited, based in the UK, providing accountancy and finance software services.
• Campaign Monitor by Marigold, based in the USA, providing email communication services.
• Elasticsearch B.V.., based in the USA, providing event monitoring and analytics services.
• Mailgun Technologies Inc., based in the USA, providing email communication services for user onboarding purposes.
• HM Revenue & Customs, based in the United Kingdom, acting as processors and requiring reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have 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 we hold about you and to check that we are processing it lawfully.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected. However, 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 law. However, 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 consider 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 to Object to processing.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, with your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information for which you initially provided us with consent to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing conducted 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.

Effective Date, Amendments
This Notice is effective as of December 1^st, 2024. We reserve the right to change this statement from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this statement at any time but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this Notice as posted on the website at that time. We recommend that users revisit this Notice on occasion to learn of any changes.