Privacy & Cookies policy
We are 40 Fathoms Ltd. We’re a company registered in England and Wales with company number 12648995, whose registered address is at c/o Adler Shine LLP, Aston House, Cornwall Avenue, London N3 1LF. In this privacy notice, we will refer to ourselves as ‘we’, ‘us’ or ‘our’. We are the Data Controller of the personal information we collect, hold and use about you, as explained in this notice.
You can get hold of us in any of the following ways:
- by phoning us on 01732494304;
- by emailing us at [email protected]; or
- by writing to us at c/o Adler Shine LLP, Aston House, Cornwall Avenue, London N3 1LF.
We take the privacy, including the security, of personal information we hold about you seriously. This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.
We do not have a data protection officer, but if you have any questions about this privacy notice or issues arising from it, you should contact Jane Taylor-Lea, who is responsible for matters relating to data protection at our organisation, including any matters in this privacy notice. You can contact them using the details set out above.
We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.
We may update this privacy notice from time to time. This version was last updated on 13 October 2020.
1. Key definitions
1.1. The key terms that we use throughout this privacy notice are defined below, for ease:
1.2. Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.
1.3. Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email-marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.)
1.4. Personal Information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised.
1.5. Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.
2. Details of personal information that we collect and hold about you
2.1. Set out below are the general categories and details of retention periods in relation to those categories (see section 8 below for more details about retention) and in each case the types of personal information that we collect, use and hold about you:
|General Category||Types of Personal Data in that category||Retention Periods|
|Identity information||This is information relating to your identity such as your name (including any previous names and any titles that you use), gender, marital status and date of birth||12 months|
|Contact information||This is information relating to your contact details such as email address, addresses, telephone numbers||12 months|
|Transaction information||This is information relating to transactions between us such as details of the services and/or digital content provided to you and any returns details||12 months|
|Survey information||This is information that we have collected from you or that you have provided to us in respect of surveys and feedback||12 months|
|Marketing information||This is information relating to your marketing and communications preferences||12 months|
|Website, Device and Technical Information||This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using and the version, the operating system you are using, details about the time zone and location settings on the device and other information we receive about your device)||12 months|
2.2. The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.
3. Details of special information that we collect and hold about you
3.1. Special information is explained in section 1 above. We do not collect or hold any special information about you.
3.2. We do not collect information from you relating to criminal convictions or offences.
4. Details of how and why we use personal information
4.1. We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below; but, in most cases, we will use your personal information for the following legal reasons:
- Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;
- Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests;
- Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and
- Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.
4.2. So that we are able to provide you with services, we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying the services to you.
4.3. It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from supplying the services to you .
4.4. Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you.
4.5. We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:
- if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and
- for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.
|Purpose||Legal Reason(s) for using the personal information|
|To manage our contract with you and to notify you of any changes||
Legal Obligation Reason
|To comply with audit and accounting matters||Legal Obligation Reason|
|For record keeping, [including in relation to any guarantees or warranties provided as part of the sale of goods, services and/or digital content||
Legal Obligation Reason
|To improve the goods, services, and/or digital content that we supply||Legitimate Interests Reason (in order to improve the goods, services, and/or digital content for future customers and to grow our business)|
|To recommend and send communications to you about services, and/or digital content that you may be interested in. More details about marketing are set out in section 11 below||
Legitimate Interests Reason (in order to grow our business
|To ensure the smooth running and correct operation of our website||Legitimate Interests Reason (to ensure our website runs correctly)|
|To understand how customers and visitors to our website use the website and interact with it via data analysis||Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements)|
|To engage with you for agreed purposes||
Legal Obligation Reason
4.6. Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information and you are not identifiable from that combined data we are able to use this.
4.7. Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this and what legal reason is in place to allow us to do this.
5. Details of how we collect personal information and special information
5.1. We usually collect Identity Information, Contact Information, Transaction Information, Survey Information, Marketing Information, Special Information; directly from you when you purchase services and/or digital content from us, contact us by email, telephone, in writing or otherwise. This includes the personal information that you provide to us when you subscribe to our mailing list .
5.2. We may receive some of your personal information from third parties or publicly available sources. This includes:
- Contact Information and Payment Information from our selected third-party suppliers
- Identity Information and Contact Information from selected data brokers
- Identity Information and Contact Information from publicly available sources such as Companies House;
- Website, Device and Technical Information from third parties such as analytics providers (like Google)
5.4. Details about who personal Information may be shared with
5.5. We may need to share your personal information with other organisations or people. These organisations include:
- Third parties who are not part of our group. These may include:
- Suppliers: such as IT support services, payment providers, administration providers, marketing agencies
- Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies
- Our advisors: such as lawyers, accountants, auditors, insurance companies
- Our bankers
- Credit Reference Agencies
- Email platforms
- any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser.
5.6. Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information.
5.7. We do not sell or trade any of the personal information that you have provided to us.
6. Details about transfers to countries outside of the EEA
6.1. We do not transfer your personal information outside of the EEA.
7. Details about how long we will hold your personal information
7.1. We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims , including in relation to any guarantees or warranties that we have provided with the services digital content.
7.2. We have set out above the details of our retention periods for different types of data. You can find them in section 2 .
8. Automated decision making
8.1. ‘Automated decision making’ is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).
8.2. Data protection laws place restrictions upon us if we carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you.
8.3. We do not carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this.
9. Your rights under data protection law
9.1. Under data protection laws, you have certain rights in relation to your personal information, as follows:
- Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
- Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
- Right to erasure: (this is often called the ‘right to be forgotten’).This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
- Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
- Right to data portability: this right allows you to request us to transfer your personal information to someone else.
- Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).
9.2. In addition to the rights set out in section 9.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 4.5.
9.3. If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note:
- we may need certain information from you so that we can verify your identity;
- we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
- if your request is unfounded or excessive, then we may refuse to deal with your request.
10.1. You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.
10.2. However, we will give you the opportunity to manage how or if we market to you. In any email that we send to you, we provide a link to either unsubscribe or opt out, or to change your marketing preferences. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.
10.3. If you do request that we stop marketing to you, this will not prevent us from sending communications to you that are not to do with marketing (for example in relation to services digital content that you have purchased from us).
10.4. We do not pass your personal information on to any third parties for marketing purposes.
11.1. If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.
12. Third-party websites
Our website may contain links to third-party websites. If you click and follow those links, then these will take you to the third-party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.
We last updated our policy on 13 October 2020.
1. Information about cookies
A cookie is a small text file that is placed onto your computer (or other electronic device) when you access our website.
There are 4 different types of cookies:
a. Strictly-necessary cookies (required for the website to run). These allow you to do things like log in securely.
b. Performance cookies (which measure how many visitors use our site, which pages they visit and how they interact with the site). These
help us to improve our website.
c. Functionality cookies (which remember specific visitor’s preferences for the way they use our site, e.g. language settings or font size).
d. Targeting/advertising cookies (these collect information about individual visitors that enable us, or third parties, to provide relevant
advertisements to those who have visited our site)
Our website may use each type of cookie in order to:
a. Make your online experience more efficient and enjoyable
b. Improve our services
c. Recognise you whenever you visit this website and distinguish you from other users of our site
d. Obtain information about your preferences and use of our site
e. Provide you with advertising that is tailored to your interests
f. Carry out research and data analysis to help us to improve our content and services and to better understand our customer preferences
Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you.
We have set out specific details of the cookies we use on our site in section 4 below.
2. Third-party cookies
Like many other websites, third parties may also set cookies on our website. These third parties are responsible for the cookies they set on
our site and we have no control over them. For further information on how their cookies policies work, please visit their websites.
3. Managing cookies
You can manage cookies yourself.
You will need to visit the web browser’s site to manage, but for ease we have provided links to popular browsers below:
Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
Microsoft Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Microsoft Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Apple Safari: https://support.apple.com/kb/ph21411?locale=en_US
For further information about cookies and how to manage or disable them please go to: www.aboutcookies.org.
Please also note that if you change/block cookies then:
some parts of our website may not function properly or as well as they otherwise might;
changes will apply across all websites that you visit (unless you choose to block cookies only from particular websites); and
the settlings that you change will only apply on the device on which you change the settings and will not apply across all other devices
that you use.
4. Specific details
We have set out in the table below details of each of the cookies on our site, a description of what they do and, where relevant, external links
that provide more information about them:
|Cookie Name||Description||External Information (if relevant)|