PRIVACY POLICY
Last Updated 27/08/22
PLOWDEN & FALLOW LTD understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. “We,” “our” means PLOWDEN & FALLOW LTD and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.
PERSONAL AND NON-PERSONAL INFORMATION
Our Privacy Policy identifies how we treat your personal and non-personal information.
WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?
Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about our products, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number.
We may collect personal information from you in a variety of ways: • When you send us a contact form • When you conduct a transaction with us, our affiliates, or others • When we collect information about in you in support of a transaction, such as credit card information • When we collect information about you such as an email address and name when you sign down to certain opt in forms • In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information.
ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?
Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps Plowden & Fallow Ltd to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Plowden & Fallow Ltd website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.
Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behaviour. We may also contract with a third party to send e-mail to our registered members.
To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of Plowden & Fallow Ltd is used solely by or on behalf of Plowden & Fallow Ltd and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.
By using this website you agree to our use of cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, in doing so, this may render some functionality of the website useless, due to the data being required from the Cookies not being present.
HOW DOES PLOWDEN & FALLOW LTD USE PERSONAL INFORMATION?
Plowden & Fallow Ltd may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve products and content.
Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.
DOES PLOWDEN & FALLOW LTD SHARE PERSONAL INFORMATION WITH OTHERS?
We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.
We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.
If you submit a review for a third party (person or business), during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.
We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behaviour, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.
If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.
HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?
We may contact you periodically by e-mail, mail or telephone to provide information regarding products and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
HOW IS PERSONAL INFORMATION SECURED?
We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.
LINKS
This site contains links to other sites that provide information that we consider to be interesting. Plowden & Fallow Ltd is not responsible for the privacy practices or the content of such web sites.
HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?
You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at hello@plowdenandfallow.com
CHILDREN’S PRIVACY
Plowden & Fallow Ltd will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.
CHANGES
Plowden & Fallow Ltd reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by Plowden & Fallow Ltd or about our website practices, please contact us at: hello@plowdenandfallow.com
Data Protection
Last Updated 27/08/22
Introduction
Plowden & Fallow Ltd needs to gathers certain information about individuals.
Individuals who we gather information about includes customers, affiliates, business contacts, employees, and other people the organization has a relationship with or may need to contact.
This policy describes how this personal data is collected, handled, and stored to meet the company’s data protection standards — and to comply with the law.
Why This Policy Exists
This data protection policy ensures Plowden & Fallow Ltd:
Complies with data protection law and follows industry best practices
Protects the rights of staff, customers, affiliates, and partners
Is open about how it stores and processes individuals’ data
Protects itself from the risks of a data breach
EU General Data Protection Regulation (GDPR) Protection Law
The GDPR (General Data Protection Regulation) protection law describes how organizations who conduct business with individuals or entities located in EU (European Union) nations — including Plowden & Fallow Ltd — must collect, handle, and store personal information.
These rules apply regardless of whether data is stored electronically, on paper, or in any other manner.
To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully.
The EU GDPR is underpinned by eight core principles. These state that personal data must:
Be processed fairly and lawfully
Be obtained only for specific, lawful purposes
Be adequate, relevant, and not excessive
Be accurate and kept up to date
Not be held for any longer than necessary
Processed in accordance with the rights of data subjects
Be protected in appropriate ways
Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
1. Policy Statement
Every day our business will receive, use, and store personal information about our customers, affiliates, partners, and colleagues. It is important that this information is handled lawfully and appropriately, in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).
We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.
2. About This Policy
This policy and any other documents referred to in it, sets out the basis on which we will process any personal data that we collect or process. This policy does not form part of any employee’s contract of employment and may be amended at any time.
The company as a whole is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.
3. What is Personal Data?
Personal data is defined as data, (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data, (or from that data and other information in our possession).
Processing is any activity that involves use of personal data. It includes obtaining, recording, or holding the data, organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties under privacy control conditions.
Sensitive personal data includes contact info, address, session activity on the platform, IP location etc. Sensitive personal data can only be processed under strict conditions, and used for express purpose that it was collected for.
4. Data Protection Principles
Anyone processing personal data, must ensure that data is:
Processed fairly, lawfully and in a transparent manner.
Collected for specified, explicit, and legitimate purposes and any further processing is completed for a compatible purpose.
Adequate, relevant and limited to what is necessary for the intended purposes.
Accurate and where necessary, kept up to date.
Kept in a form which permits identification for no longer than necessary for the intended purposes.
Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
Not transferred to people or organizations situated in countries without adequate protection and without firstly having advised the individual.
5. Fair and Lawful Processing
The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.
In accordance with the General Data Protection Regulation (GDPR), we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.
Collection of Information
We receive and store information about you such as:
Information you provide us: We collect information you provide to us which includes: your name, email address, address or postal code, payment method, and telephone number. We collect this information in a number of ways, including manual entry when you sign up to our newsletter, interact with our customer service, participate in surveys or marketing promotions, provide reviews or ratings, taste preferences, set preferences in Your Profile/Account, or otherwise provide information to us through our service or elsewhere.
Information we collect automatically: We collect information regarding you and your use of our website, your interactions with us and our advertising, as well as information regarding your computer or other device used to access our service.
This information includes:
Your activity on our platform such as course progress and search queries
Details regarding your interactions with customer service such as the date, time and reason for contacting us
Transcripts of any chat conversations that you initiate on our platforms
In the event that you initiate phone support, your phone number
Device IDs or unique identifiers, device and software characteristics (such as type and configuration)
Connection information, statistics on page views, referral URLs, IP address, and standard web log information
Information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on impressions delivered to a cookie, the site URL where the impression was delivered, as well as the date and time).
See our Privacy Policy for more details.
Use of Information
We use the information we collect to provide, analyze, administer, enhance, and personalize our products and marketing efforts, to process your registration, your orders, your payments, and your communication on these and other topics.
Our primary aim is always to enhance the user experience. We do so in several ways using the data that we collect, but a few examples are: determining your general platform usage, required action item completions, login details, etc. which then helps us know what difficulties the you’re facing within the platform, with which can then use to take action to minimize the effort on your end. We collect other information, such as most visited links on our website, which then help us conclude what content was most watched, enabling us to create additional content geared toward our users’ needs and personal preferences.
6. Processing for Limited Purposes
In the course of our business, we may collect and process personal data, which may include data that we receive directly from a data subject and data we receive from other sources including location data, business partners, and subcontractors who work technical, payment and delivery services, credit reference agencies, and other capacities.
We will only process personal data for the specific purposes or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
7. Notifying Individuals
If we collect personal data directly from an individual, we will inform them about:
The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
The types of third parties, if any, with which we will share or disclose that personal data.
The fact that the business intends to transfer personal data to a non-EEA country or international organization and the appropriate and suitable safeguards in place.
How individuals can limit our use and disclosure of their personal data.
Information about the period that their information will be stored or the criteria used to determine that period.
Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
Their right to object to processing and their right to data portability.
Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
The right to lodge a complaint with the Information Commissioner's Office.
Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.
If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within One (1) month.
We will also inform data subjects whose personal data we process, that we are the data controller with regard to that data and our contact detail regarding data protection act is hello@plowdenandfallow.com, and who the Data Protection Compliance Manager/Data Protection Office is.
8. Adequate, Relevant and Non-Excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
9. Accurate Data
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
10. Timely Processing
We will not keep personal data longer than necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy or erase from our systems, all data which is no longer required.
11. Processing in line with Data Subject’s Rights
We will process all personal data in line with data subjects’ rights, in particular their right to:
Confirmation as to whether or not personal data concerning the individual is being processed.
Request access to any data held about them by a data controller.
Request rectification, erasure or restriction on processing of their personal data.
Lodge a complaint with a supervisory authority.
Data portability.
Object to processing including for direct marketing.
Not be subject to automated decision making including profiling in certain circumstances.
12. Data Security
We will take appropriate security measures against unlawful or unauthorized processing of personal data and against the accidental or unlawful destruction, damage, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.
We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if he or she agrees to comply with those procedures and policies, or if he or she puts in place adequate measures himself/herself.
We will maintain data security by protecting the confidentiality, integrity, and availability of the personal data, defined as follows:
Confidentiality: Only people who are authorized to use the data can access it.
Integrity: Personal data should be accurate and suitable for the purpose for which it is processed.
Availability: Authorized users should be able to access the data if they need it for authorized purposes.
Our Security Procedures:
Entry controls: Any stranger seen in entry-controlled areas will be reported.
Securing lockable desks and cupboards all the time. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
Data minimization will be practiced.
Pseudonymisation and encryption of data will be the primary state of storing the data.
Methods of disposal: Paper documents would be shredded. Digital storage devices would be physically destroyed when they are no longer required. Electronic data would be deleted once it’s intended purpose is fulfilled.
Equipment: Staff has to ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Transferring Personal Data Outside of the EEA: We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organization, provided that one of the following conditions applies:
The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
The data subject has given his consent.
The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
The transfer is legally required on important public interest grounds or for the establishment, exercise or defense of legal claims.
The transfer is authorized by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
14. Disclosure and Sharing of Personal Data
We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in: https://www.legislation.gov.uk/ukpga/2006/46/section/1159
15. Subject Access Requests
To these ends, the company has a privacy statement setting out how data relating to individuals is used by the company.
Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to the data department immediately.
When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
Where a request is made electronically, data will be provided electronically when possible.
Our support team will refer a request to the data processing department or the Data Protection Compliance Manager for assistance in difficult situations.
16. Changes to this Policy
We may modify this Privacy Statement at any time, but we will provide prominent advance notice of any material changes to this Statement, such as posting a notice through the Services, on our websites, or sending you an email, to provide you the opportunity to review the changes and choose whether to continue using the Services.
Data Protection Addendum
Last updated 27/08/22
This Data Protection Addendum, henceforth referred to as the "Addendum", is entered into by and between Plowden & Fallow Ltd, henceforth referred to as "Plowden & Fallow Ltd", and the customer agreeing to this Addendum, henceforth referred to as the "Customer".
This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.
If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:
You have read and understood this Addendum
You have full legal authority to bind yourself, or the applicable entity, to these Terms
You agree, on behalf of the party you represent, to this Addendum.
If you do not have the legal authority to bind Customer, please do not "Sign/Accept/Opt IN".
1. Intro:
This Addendum sets out terms that will apply to Plowden & Fallow Ltd processing of Customer’s Personal Data under the Privacy Policy Agreement executed by Plowden & Fallow Ltd and Customer.
2. Definitions:
Terms Defined by the General Data Protection Regulation (GDPR):
"Addendum Effective Date" is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
"Adequate Country" is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
"Data Subject" is defined as the identified or identifiable person who is the subject of Personal Data.
"Personal Data" is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
"Processing" is defined by the applicable EU Data Protection Law and "process", "processes" and "processed" will be interpreted accordingly.
"Data Controller" is defined as the party that determines the purposes and means of the Processing of Personal Data.
"Data Processor" is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
"Data Transfer Mechanism" is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
"Data Protection Laws" are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
"Data Protection Authority" is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
"EEA" means the European Economic Area, United Kingdom, and Switzerland.
"EU Data Protection Law" means
Prior to 25th May 2018, European Union Directive 95/46/EC; and
On and after 25th May 2018, European Union Regulation 2016/679 ("GDPR")
References to "written instructions" and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of
The terms of the Agreement and this Addendum,
Processing enabled by Data Controller through the Service, and
Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
"Model Contracts" are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU.
"Security Incident" is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor’s control.
"Subprocessor" is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
"Third Party" shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data.
Other capitalized terms not defined herein have the meanings given in the Agreement.
Terms Defined by Plowden & Fallow Ltd with Respect to GDPR:
"Data Subjects" are defined to include the individuals about whom data is provided to Plowden & Fallow Ltd via the Services by (or at the direction of) the Customer.
"Details of Processing Subject Matter" is defined as the subject matter of the data processing under this Addendum is the Customer Data.
"Duration of the Processing" is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by Plowden & Fallow Ltd in accordance with the terms of the Addendum.
"Nature and Purpose of the Processing" is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of Plowden & Fallow Ltd's obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
"Categories of Data" is defined as data relating to individuals provided to Plowden & Fallow Ltd when Customers sign up, login, use the product, interact with the website, and interact with the ads.
"Security Measures" are defined as the measures that Plowden & Fallow Ltd agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer Data.
3. Termination:
This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.
4. Scope and Applicability of this Addendum:
This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
This Addendum applies where and to the extent that Plowden & Fallow Ltd processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
This Addendum applies where and to the extent that Plowden & Fallow Ltd processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
5. Role and Scope of the Processing:
Customer will act as the Data Controller and Plowden & Fallow Ltd will act as the Data Processor under this Addendum. Both Customer and Plowden & Fallow Ltd shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, Plowden & Fallow Ltd shall have no right directly or indirectly to sell, rent, lease or modify, the Customer Data or any derivative work thereof. Plowden & Fallow Ltd shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
Notwithstanding the above, Customer acknowledges that Plowden & Fallow Ltd shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
For clarity, nothing in this Addendum limits Plowden & Fallow Ltd from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.
6. Subprocessing:
Plowden & Fallow Ltd’s obligations under this Addendum shall apply to Plowden & Fallow Ltd’s employees, agents and Subprocessors who may have access to the Personal Data.
Customer agrees that Plowden & Fallow Ltd is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that Plowden & Fallow Ltd:
Enters into a agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause Plowden & Fallow Ltd to breach any of its obligations under this Addendum.
Information about Subprocessors, including their functions and locations, is available on request and may be updated by Plowden & Fallow Ltd from time to time in accordance with this Addendum.
7. Security:
Plowden & Fallow Ltd shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with Plowden & Fallow Ltd's security standards.
Customer is responsible for reviewing the information made available by Plowden & Fallow Ltd relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that Plowden & Fallow Ltd may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
Plowden & Fallow Ltd shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.
8. Onward Transfer:
Plowden & Fallow Ltd may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where Plowden & Fallow Ltd, its affiliates or Subprocessors maintain data processing operations.
To the extent that Plowden & Fallow Ltd processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
The parties agree that Plowden & Fallow Ltd is the "data importer" and Customer is the "data exporter" under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that Plowden & Fallow Ltd adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).
9. Regulatory Compliance:
At Customer’s request and expense, Plowden & Fallow Ltd shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
Plowden & Fallow Ltd shall (at Customer's expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to Plowden & Fallow Ltd, Plowden & Fallow Ltd shall not respond to such communication directly without Customer's prior authorization unless required by Data Protection Laws.
10. Reviews of Data Processing:
At Customer’s request, Plowden & Fallow Ltd shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm Plowden & Fallow Ltd’s compliance with this Addendum.
Plowden & Fallow Ltd will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities.
Except as expressly required by Data Protection Laws, any review under this Section 10 will:
Be conducted no more often than once per year during Plowden & Fallow Ltd’s normal business hours, in a manner so as not to interfere with standard business operations;
Be subject to Plowden & Fallows Ltd’s reasonable confidentiality and security constraints;
Be conducted at Customer’s expense; and
Not extend to any information, systems or facilities of Plowden & Fallow Ltd’s other customers or its Third Party infrastructure providers.
Any information provided by Plowden & Fallow Ltd under this Section 10 constitutes Plowden & Fallow Ltd’s Confidential Information under the Agreement.
11. Return or deletion of data:
Plowden & Fallow Ltd shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete, all of the Personal Data from Plowden & Fallow Ltd’s systems in relation to that customer. Within a reasonable period following deletion, at Customer’s request, Plowden & Fallow Ltd will provide written confirmation that Plowden & Fallow Ltd’s obligations of data deletion or destruction have been fulfilled.
Notwithstanding the foregoing, the Customer understands that Plowden & Fallow Ltd may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.
12. Additional Security:
Upon becoming aware of a confirmed Security Incident, Plowden & Fallow Ltd shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, Plowden & Fallow Ltd is not required to make such notice to the extent prohibited by Data Protection Laws, and Plowden & Fallow Ltd may delay such notice as requested by law enforcement and/or in light of Plowden & Fallows Ltd's legitimate needs to investigate or remediate the matter before providing notice.
Each notice of a Security Incident will include:
The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
The scope of the Security Incident, to the extent known; and
A description of Plowden & Fallow Ltd's response to the Security Incident, including steps Plowden & Fallow Ltd has taken to mitigate the harm caused by the Security Incident.
Plowden & Fallow Ltd shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.
13. Changes to Subprocessors:
When any new Subprocessor is engaged, Plowden & Fallow Ltd will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email.
14. Further cooperation:
Where and when required by Data Protection Laws, Plowden & Fallow Ltd will provide the relevant Data Protection Authorities with information related to Plowden & Fallow Ltd’s Processing of Personal Data. Plowden & Fallow Ltd further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to Plowden & Fallow Ltd’s status in this respect shall be notified to Customer immediately via email.
To the extent Plowden &Fallow Ltd is required under Data Protection Laws, Plowden & Fallow Ltd shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.
COMPANY DETAILS:
Company Name: Plowden & Fallow Ltd
Director: Richard Plowden
Address: Eaton, Bishops Castle, SY9 5HX, Shropshire, United Kingdom
Registered in England & Wales. Company Number: 12455725.