Definitions and interpretation
Data, collectively all information that you submit to TECSmith via the Website or any attributed software products. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies, a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws, any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR, the General Data Protection Regulation (EU) 2016/679;
TECSmith, I or me, Thomas Edward Cameron Smith of Flat 2, 5 South Street, Romford, RM1 1NJ;
UK and EU Cookie Law, the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you, any third party that accesses the Website and is not either (i) employed by TECSmith and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to TECSmith and accessing the Website in connection with the provision of such services;
and Website, the website that you are currently using, https://www.tecsmith.info, and any sub-domains of this website unless expressly excluded by their own terms and conditions.
- the singular includes the plural and vice versa;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- For purposes of the applicable Data Protection Laws, TECSmith is the “data controller”. This means that TECSmith determines the purposes for which, and the manner in which, your Data is processed.
I may collect the following Data, which includes personal Data, from you:
- demographic information such as location, preferences and interests;
- IP address (automatically collected);
- web browser type and version (automatically collected);
How I collect Data
I collect Data in the following ways:
- data is given to me by you;
- data is received from other sources; and
- data is collected automatically.
Data that is given to me by you
TECSmith will collect your Data in a number of ways, for example:
- when you contact me through the Website, by telephone, post, e-mail or through any other means;
- when you use TECSmith created applications or services;
Data that is received from publicly available third parties sources
I will receive Data about you from the following publicly available third party sources:
- All of your associated social media profiles, including Facebook, Google and Twitter;
- Any tracking service that may be associated with you or your online identity.
Data that is collected automatically
To the extent that you access the Website, I will collect your Data automatically, for example:
- I automatically collect some information about your visit to the Website. This information helps me to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way in which you use and interact with its content.
- I will collect your Data automatically via cookies, in line with the cookie settings of your browser. For more information about cookies, and how I use them on the Website, see the section below, headed “Cookies”.
My use of Data
Any or all of the above Data may be required by me from time to time in order to provide you with the best possible service and experience when using my Website. Specifically, Data may be used by me for the following reasons:
- internal record keeping;
- improvement of my products / services;
I may use your Data for the above purposes if I deem it necessary to do so for my legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
Who I share Data with
I may share your Data with the following groups of people for the following reasons:
- any of my group companies or affiliates – to ensure the proper administration of my portals.;
Keeping Data secure
I will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- I store your Data on secure servers.
- I adhere to ISO 27001. This family of standards helps me manage your Data and keep it secure.
- Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse, loss or unauthorised access to your Data, please let me know immediately by contacting me via this e-mail address: email@example.com.
- If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
- Even if I delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information I hold about you at any time, or (ii) that I modify, update or delete such information. If I provide you with access to the information I hold about you, I will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where I am legally permitted to do so, I may refuse your request. If I refuse your request, I will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that I delete or remove your Data from my systems.
- Right to restrict my use of your Data – the right to “block” me from using your Data or limit the way in which I can use it.
- Right to data portability – the right to request that I move, copy or transfer your Data.
- Right to object – the right to object to my use of your Data including where I use it for my legitimate interests.
- To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is my legal basis for processing your Data), please contact me via this e-mail address: firstname.lastname@example.org.
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by me, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
- It is important that the Data I hold about you is accurate and current. Please keep me informed if your Data changes during the period for which I hold it.
Links to other websites
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling TECSmith to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- You can find a list of Cookies that I use in the Cookies Schedule.
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings and automatic account login.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Below is a list of the cookies that I use. I have tried to ensure this is complete and up to date, but if you think that I have missed a cookie or there is any discrepancy, please let me know via email at email@example.com. .
I use the following analytical/performance cookies:
|Description of Cookie||Purpose|
|I use this cookie to help me analyse how users use the website.||Website usage|
I use the following functionality cookies:
|Description of Cookie||Purpose|
|I use this cookie to identify your computer and analyse traffic patterns on my website.||Website analytics|