Legal Privacy Policy

Privacy Policy

Privacy Notice

This document is the privacy notice for the Simudyne website and user portal that can be accessed through a web or mobile browser.

We use the capitalised term “Simudyne” to refer to this service in our privacy notice.

The privacy notice sets out the details relating the processing of personal data via Simudyne.

This privacy notice forms a part of and should be read in conjunction with our Terms of Use, which can be found on our website www.simudyne.com.

This Privacy Notice (together with the documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us through Simudyne, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

ABOUT THIS NOTICE

We respect your privacy and we are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and use Simudyne (regardless of where are a registered account user or not) and tells you about your privacy rights and how the law protects you.

This notice applies to all users of Simudyne and visitors to our website www.simudyne.com. By using Simudyne or visiting our website, you will be deemed to have agreed to the terms set out in the privacy notice.

In this policy we set out the details of:

When we act as a data processor and when we act as a data controller;
The basis upon which we process your personal data
Your data rights if your personal data is processed via the service;
Details of third-party services which may also process Personal Data. We regularly review and where necessary update this Privacy Notice. We will inform you of updates with either an email to you or a notification on Simudyne before we start processing personal information for any new purpose.

ABOUT US

Simudyne is owned by Simudyne Limited. We are a company registered in England with the company number 06291551 and our registered office is at 125 Wood Street, London, EC4A 7AW, United Kingdom. When this Privacy notice refers to “we” or “us” or “our”, it is referring to Simudyne Limited.

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.

HOW YOU CAN CONTACT US

Name: Data Protection Officer
Email address: dpo@simudyne.com
Postal address: 125 Wood Street, London, EC4A 7AW

SIMUDYNE LIMITED AS A DATA CONTROLLER:

WHAT IS PERSONAL INFORMATION

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in our possession or likely to come into such possession. The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).

HOW DO WE COLLECT PERSONAL INFORMATION?

We collect personal information when you use Simudyne, visit our website, access our user portal or contact us for information about Simudyne.

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. 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 user account via our website;
subscribe to our service or publications;
request marketing to be sent to you; or
give us some feedback.

Automated technologies or interactions. As you interact with Simudyne, 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. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.

WHAT CATEGORIES INFORMATION IS COLLECTED FROM YOU?

We collect personal information that you give us. 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).

This is information that you provide when you fill out webforms, set up an account, or otherwise communicate with us. The Personal Information we collect from you can include your name, email address and/or mobile number.

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

Contact Data includes address, email address and telephone numbers.
Profile Data includes your username and password, feedback and survey responses.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal 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.

We also collect personal information from you. When you use Simudyne we collect personal information from you that is required by us to provide security measures. Without this information we cannot provide the security controls that may be required to protect our intellectual property.

We track when you access content and depending on the security controls used by you or the person sending you the Content includes:

Technical Data includes internet protocol (IP) address, your unique media access control address (MAC Address), your login data, browser type and version, time zone setting and location data, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website, unique device identifiers.
Usage Data includes information about how you use our website, products and services.

Aggregated Data:

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

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 such as Simudyne Terms of Use and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services) or provide the Push for Service. In this case, we may have to cancel Simudyne you have with us but we will notify you if this is the case at the time.

WHAT IS THE PURPOSE AND LAWFUL BASIS FOR PROCESSING 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 in relation to providing Simudyne to you under the Terms of Use.
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.

Generally 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.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract with you
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) 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 enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and Simudyne (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, provision of Simudyne, 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 our website, products/services, marketing, 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 and Simudyne 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	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	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.

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 filled in a webform on our website i.e. requested/subscribed to information from us or if you provided us with your details when you entered a competition or registered for a promotion. In each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside of Simudyne for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the user portal and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

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

RECIPIENTS OF PERSONAL DATA

We may share your personal data with 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 notice.

We do not share your Personal Data that we collect from your use of Simudyne with any third parties except where required under court order. We will notify you of the instances where your personal data may be shared with third parties under a court order unless we are not permitted from doing so.

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.

RETENTION PERIOD OF PERSONAL INFORMATION

We hold your personal data for the duration that you hold and use an account on Simudyne unless you delete that information using your account dashboard.

Where you hold an account but subsequently stop using Simudyne, we will continue to hold your personal data for a period of 24 months. We will notify you by email that we hold your personal information and if you do not notify us that you wish to retain your account, then your personal information and account will be deleted within 2 months from our notification to you.

Where you are a paid user of Simudyne, then we will continue to hold your personal information on Simudyne until you end your license period, following which we will provide you with an opportunity to either delete your account, or to become a free user, in which case we will continue to hold your personal information until the instances set out above.

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 requirements.

We keep basic information about our paid users after their cease being paid users for the purposes of our financial records and tax purposes where required by law.

YOUR DATA SUBJECT RIGHTS

Unless an exemption applies under applicable law, you have the following rights with respect your personal information.

1. RIGHT TO BE INFORMED

This Privacy Notice sets out the information relating to our processing of Personal Information. We make this notice available to all users of Simudyne and require users to acknowledge that they have read the Privacy Notice before they set up a use an account or before the access the User Portal if they are a not a registered user.

2. RIGHT OF ACCESS

You have the right to obtain confirmation that your personal data is being processed and access to your personal information so that you can be aware of and verify the lawfulness of the processing. We also provide you with access to this Privacy Notice (and archived versions) via our website.

The information will be provided free of charge unless we consider a request to be manifestly unfounded, excessive or if it is repetitive and in which cases we may charge a reasonable fee. We may also charge a reasonable fee to comply with requests for any further copies of the same information.
Our fee will be based on the administrative cost of providing the information.

3. RIGHT OF RECTIFICATION

If you require your personal information that we hold on you to be corrected or completed (if it is uncomplete) then you can do so via [detail needs to be set out].

If we consider that a requires is manifestly unfounded or excessive, then we reserve the right to request a reasonable fee to deal with your request or we may refuse to deal with request. We will provide you with a justification of our decision in these circumstances.

4. RIGHT TO ERASURE

In certain circumstances you have the right to have your personal data erased. These rights exist where:

Your personal data is no longer necessary for the purpose which we originally collected or processed it for;
You withdraw your consent where your consent is the lawful basis for our holding the personal data;
If we rely on a legitimate interest to process your personal data but you subsequently object to that basis and there is no overriding legitimate interest to continue the processing;
You object to the processing of your personal data for direct marketing by us;
We process your personal data unlawfully;
We are required to delete the data to comply with a legal obligation; or
We have processed the personal data to offer service to children – although please note that we do not aim Simudyne at children and nor do we knowingly collect personal data of children.

The right to have your personal data erased is subject to:

to exercise the right of freedom of expression and information;
to comply with a legal obligation;
for the performance of a task carried out in the public interest or in the exercise of official authority;
for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
for the establishment, exercise or defence of legal claims.

We reserve the right to not comply with a request if we consider it manifestly unfounded or excessive or to request a reasonable fee to deal with the request.

5. RIGHT TO RESTRICT PROCESSING

If you challenge the accuracy of the personal information we hold on you and you have asked us to rectify it, then you may also request us to restrict the processing whilst we consider your rectification request.

If you object to the processing of your personal data by us, then you may also request us to restrict the processing whilst we consider your objection request.

6. RIGHT TO DATA PORTABILITY

The right to data portability applies:

to personal data an individual has provided to a controller;
where the processing is based on the individual’s consent or for the performance of a contract; and
when processing is carried out by automated means.

7. RIGHT TO OBJECT

You have the right to object to:

processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
direct marketing (including profiling); and
processing for purposes of scientific/historical research and statistics.

8. YOUR RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

You have the right to issue a complaint regarding our processing of your personal information at the UK Information Commissioners Office on 0303 123 1113 or online via https://ico.org.uk/concerns/ or in writing to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

COOKIE POLICY

A cookie is a text file placed onto your device when you access Simudyne. We use cookies and other online tracking devices to deliver, improve and monitor Simudyne and your visits to our website, including in the following ways:

Authentication:

To log you into Simudyne Service and keep you logged in.

Preferences:

To remember information about you such as your preferred language and configuration.

Analytics:
To help us understand how you use our Service, and how often, so we can improve it to deliver a better experience for our users.
To carry out research and statistical analysis to help improve our content, products and services. If you want to learn about how to opt out of Google Analytics, please visit the following URL: https://tools.google.com/dlpage/gaoptout/ or change your Google Ads Settings. You can find out more about how Google uses data here: https://www.google.com/policies/privacy/partners/
The information we obtain from our use of cookies will not usually contain your personal data. However, we may obtain information about your device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.
Our websites display a notice alerting you to our use of cookies and other similar technologies and linking to this privacy policy. By using our websites after this notice has been displayed to you, you are letting us know that you consent to our use of cookies or similar technologies for the purposes described in this privacy policy.
Please note that, if you choose to disable cookies or similar technologies on your device, you may be unable to make full use of our Service.
We work with third parties who may also place cookies on your device, for example Google Analytics, which we use to monitor how visitors use our Simudyne Service. These third-party suppliers are responsible for the cookies they place on your device. Some of these cookies are session cookies, which will delete after you close the browser or app or log out. Other cookies can be deleted by using your browser or device settings. You may also use your browser or device settings to block cookies, although please note that this may limit your usability of Simudyne Service.

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 that we are subject to.