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Partner Benchmarking Tool Privacy Policy

24th April 2019

Introduction

Welcome to the Fifty Five and Five Limited’s privacy policy for Partner Benchmarking Tool.

Fifty Five and Five is the developer and owner of the Partner Benchmarking Tool.

About Partner Benchmarking Tool

Partner Benchmarking Tool is a new tool for Microsoft Partners to measure marketing metrics and which generates reports that score your marketing efforts. Users can track your digital marketing improvements over time. The data and personal data obtained by users of Partner Benchmarking Tool is collected by Fifty Five and Five Limited. We use the data and personal data as set out in this policy. We share anonymous (non-personal) data with Microsoft Corporation in the United States and we highlight the elements we pass to them in this policy.

About this policy

We respect your privacy and we are committed to protecting your personal data. This privacy policy will inform you as to how we (Fifty Five and Five Limited) look after your personal data when you use Partner Benchmarking Tool (regardless of where you use it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy from https://partnerbenchmarkingtool.com/Documentation/Partner-Benchmarking-Tool-Privacy-Policy-April-2019.pdf

Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED?
  4. HOW WE USE YOUR PERSONAL DATA/li>
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. DATA SECURITY
  7. DATA RETENTION
  8. YOUR LEGAL RIGHTS
  9. GLOSSARY

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Fifty Five and Five Limited collects and processes your personal data through your use of Partner Benchmarking Tool including any data you may provide through when you sign up to use Partner Benchmarking Tool.

Partner Benchmarking Tool is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Fifty Five and Five Limited is the controller and responsible for your personal data (collectively referred to as “Fifty Five and Five”, "we", "us" or "our" in this privacy policy).

We have appointed a data privacy manager 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, please contact the data privacy manager using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our Data Privacy Manager in the following ways:
Full name of legal entity: Fifty Five and Five Limited
Email address: privacy@fiftyfiveandfive.com
Postal address: LM11.2.1 The Leather Market, Weston Street, London, SE1 3ER, 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.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 24th April 2019.

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. You can update your personal data via your Partner Benchmarking Tool account. You can also contact us at privacy@fiftyfiveandfive.com if you require further information.

2. 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes your first name, last name, job title.
  • Contact Data includes email address and telephone numbers.
  • Technical Data includes internet protocol (IP) address, your login data, 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 this website
  • Usage Data includes information about how you use Partner Benchmarking Tool such as videos views and modules completed.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. 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. 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 policy

If you fail to provide personal data

Where we need to collect personal data under the terms of a contract we have with you to supply Partner Benchmarking Tool to you, and you fail to provide that data when requested, we may not be able to perform the contract we have, or which we are trying to enter into with you to provide Partner Benchmarking Tool to you. In this case, we may have to cancel or block your access to use Partner Benchmarking Tool.

3. 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 by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply to use Partner Benchmarking Tool;
  • create an account on Partner Benchmarking Tool;
  • subscribe to our promotional or progress emails;
  • request marketing to be sent to you; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with Partner Benchmarking Tool, we will automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

    4. 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 to supply Partner Benchmarking Tool to you which we (or Microsoft) 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 obligation.
  • Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

    Generally, we do not rely on consent as a legal basis for processing your personal data

    Purposes for which we will use your personal data

    We have set out below, in a table format, 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 table below.

    Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
    To register you as a new user of Partner Benchmarking Tool a)Identity
    b)Contact
    Performance of a contract with you
    To process and deliver your request to use Partner Benchmarking Tool a)Identity
    b)Contact
    c)Marketing and Communications
    a)Performance of a contract with you
    b)Necessary for our legitimate interests
    To manage our relationship with you which will include:
    (a) Notifying you about changes to our terms or privacy policy
    (b) to provide reports on individual users of Partner Benchmarking Tool
    a)Identity
    b)Contact
    c)Marketing and Communications
    a)Performance of a contract with you
    b)Necessary to comply with a legal obligation
    c)Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) a)Identity
    b)Contact
    c)Technical
    a)Necessary 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)
    b)Necessary to comply with a legal obligation
    To use data analytics to improve Partner Benchmarking Tool, our marketing and customer relationships and experiences a)Technical
    b)Usage
    Necessary 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 the way you use Partner Benchmarking Tool and our service generally. a)Identity
    b)Contact
    c)Technical
    d)Usage
    e)Profile
    f)Marketing and Communications
    Necessary 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. You have the opportunity to opt in to or opt out of marketing emails from us.

    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 (we call this marketing).

    You will receive marketing communications from us if you have requested information from us or signed up to use Partner Benchmarking Tool and you have not opted out of receiving that marketing.

    Opting out

    You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

    Cookies

    For more information about the cookies we use, please see https://partnerbenchmarkingtool.com/Documentation/Partner-Benchmarking-Tool-Cookie-Policy-April-2019.pdf

    Change of purpose

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

    If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

    5. Disclosures of your personal data

    We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

    • 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, then the new owners may use your personal data in the same way as set out in this privacy policy.

    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.

    6. 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.

    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 where we are legally required to do so.

    7. Data retention

    How long will you use my personal data for?

    We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

    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, and the applicable legal, regulatory, tax, accounting or other requirements.

    Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

    In some circumstances you can ask us to delete your data: see your legal rights below for further information.

    In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

    8. Your legal rights

    Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

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

    9. 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

    THIRD PARTIES

    External Third Parties

    • Service providers acting as processors based – Microsoft Azure Services (EEA) - who provide IT and system administration services.

    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 lawfully processing it.

    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, though 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. Note, however, that 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 feel 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 and freedoms.

    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:

    • If you want us to establish the data's accuracy.
    • Where our use of the data is unlawful but you do not want us to erase it.
    • 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.
    • 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, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us 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 carried out 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.