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for Business Contacts and their Representatives
This Privacy Notice provides
information about how we collect, use, store, and share your personal data. “Personal
Data” means any information about you that enables you to be identified; for
example information such as your name and contact details, but also less
obvious information such as identification numbers, electronic location data,
and other online identifiers.
We are committed to our privacy
obligations under the EU General Data Protection Regulation, UK GDPR, US
Privacy laws and related privacy rules (“Data
Protection Laws”). We are the data controller as defined by the GDPR.
This Privacy Notice explains the
Please read this Privacy Notice
carefully to understand how we treat your personal data.
1. WHO ARE WE AND HOW CAN YOU CONTACT
This website is operated by SmartCredit
Limited trading under the name SmartSearch, with trading entities being SmartSearch BV and SmartSearch US Inc. In this Privacy
Notice, “we”, “us” and “our” will mean SmartCredit Limited, a company
registered in England under company number 05534508; or SmartSearch BV a company registered in the Netherlands under company
number 862372720, or SmartSearch US Inc . a
company registered in Delaware, United States under company number 803373572.
You can contact us about issues
relating to your personal data, including the contents of this notice, by any
of the following methods:
2. WHAT KINDS OF PERSONAL DATA DO WE COLLECT,
We collect personal data about you from
your interactions with us and from certain third parties and other sources
(such as from publicly available sources where permissible). We have set out
below the types of personal data we will collect:
Name and contact details; such as first and last name, email address,
postal address, phone number and other similar contact data.
Personal identification numbers; such as your social security number or
national insurance number.
Family circumstances information; your marital status and dependents if
you are a PEP or a close associate of a PEP.
Employment or role details; for example the organisation you work for,
public roles (including political, diplomatic, religious, judicial, military
and trade union roles), your job title and education history.
Professional and personal affiliations; organisations and individuals
that you may be associated with in your professional or personal capacity.
Financial information relevant to understanding your income or wealth; for
example bankruptcy or insolvency fillings.
Your inclusion (if any) on sanctions lists or on public lists of
disqualified directors or other positions of responsibility.
Public domain data about actual or alleged money laundering or terrorist
Information about our dealings with you; such as what information we
have sent you, who in our organisation knows you, and what meetings, events or
webinars you have attended. It also includes your behaviour in response to our
interactions with you, such as whether you have opened our emails, clicked on a
link or watched a video.
Information about the device you are using to access our websites; such
as the type of device, its operating system, browser, its IP address, and what
cookies are on it.
Information about your use of our websites; such as what pages you have
visited and what content you have downloaded.
Information capture via your use of our Mobile App SmartIDV; this may
include but is not limited to your passport, driving license, ID card, and
We may also receive information about
you from third party service providers such as credit reference agencies, fraud
detection agencies and registration or stockbroking industry exchanges. We may
also receive personal data from third party social media services such as Google,
LinkedIn and Facebook, or other commercially available sources. We do not
control the information on you that such networks obtain, or the technology
they use to do so. We may also record calls with you for quality and training
Some of the personal data we may
collect about you may be special category data, as defined in the Data
Protection Laws. We will only collect and use this information if the Data
Protection Laws allow us to do so and will take extra care with this data. We
generally process special category data for reasons of substantial public
interest on the basis of applicable law. Special categories of data includes
Physical and mental health;
Racial or ethnic origin;
Religious and/or philosophical beliefs;
Trade union memberships;
Criminal convictions and offences;
Genetic and biometric data;
Health data including gender.
3. WHAT DO WE USE YOUR PERSONAL DATA
This section explains the purposes for
which we use your personal data..
We use your personal data for marketing
purposes. This includes informing you about products and services that we think
may be of interest to you and providing you with related materials such as news
items and blog posts, or in administering any prize draws that you are offered
and elect to enter. We may contact you to ask you to confirm or update your
choices, such as when there is a change in the law or the structure of our
business We might contact you for marketing purposes through various channels
such as by email, telephone or post. You might also be contacted through any
channel for other purposes – for example, as part of our ordinary relationship
You can withdraw from marketing at any
time by either using the relevant unsubscribe button in our emails, or by
contacting us using the details above.
Provision of services, including
administration and management of our records
We use personal data for relationship
management purposes. Relationship management is the ongoing maintenance of our relationship
with you and/or your representatives. This could include activities such as
letting you know about product changes or planned maintenance activity,
contacting you with billing enquiries, inviting you to events and webinars,
dealing with your enquiries, retaining records of your instructions and
telephone calls, responding to any data rights you invoke, or asking you about
what sorts of products you want us to develop.
Monitoring and improving our websites
We use information such as how you
navigate around our websites, how long you spend on particular pages, whether you
download any of our content (including product brochures, white papers and so
on), in order to help improve the user experience of our websites. We may also
use this information to measure or understand the effectiveness of advertising
we serve to you and others, and to deliver relevant advertising to you, which
can be based on your activity on our websites. We can do this ourselves or
appoint an agency to do this on our behalf.
To protect our rights
We may use your personal data as we
believe to be necessary or appropriate in order to protect, enforce, or defend
the legal rights, safety, or property of us, our employees, agents and
contractors; protect against fraud and other unlawful activity; to comply with
and enforce the law or legal process; or to respond to requests from public and
government authorities, to the extent permitted by applicable law.
4. WHAT ARE OUR LEGAL GROUNDS FOR
HANDLING YOUR PERSONAL DATA?
Under the Data Protection Laws, we must
have a legal basis (i.e. a valid legal reason) for using your personal data.
One of the legal reasons we may rely on
is when we use your personal data for our legitimate interests (this is usually
when we have a business reason). However, we will always ensure that we take
your interests in to consideration too, and ensure that the use is fairly
Generally, our legitimate interests
will be one of the following:
We have an interest in promoting our
products and services to our clients and potential clients. We may also
market to you to help you learn about products and services that might be of
use to you, or where we have an interest in learning about your needs so that
we may better understand what products or services could be of interest to
Running a business
We have an interest in running and
developing our business, enforcing our terms and conditions, and to ensure a
safe environment for our website visitors. We also have an interest in
setting up and administering your account, to provide technical and customer
support and training, and to send important account, subscription and service
In some circumstances, we may have
other grounds to process your personal data. These are set out in the following
table, along with examples of the circumstances in which they might apply.
Necessary for performance of a
contract with the relevant individual, or to take steps for entering into a
If you sign up to one of our products
or services, it will often be necessary for us to use your details in order
to provide that product or service, or to fulfil the contract
Necessary in order to comply with a
Regulators, government bodies and
courts have powers to order us to provide your personal data to them, and,
like any other organisation, we sometimes have to comply with their requests.
For example, under anti money laundering regulations we must hold certain
information about you.
Where you have agreed to us
collecting your personal data, for example you have ticked a box on a form
regarding marketing emails, or where we process any special category data
about you. We will only ask for your consent in relation to specific uses of personal
data where we need to, and, if we need your consent, we will make it clear
that we are asking for it.
5. WHO DO WE SHARE THE INFORMATION
We may make your personal data available to
third party services providers, such as contractors, agents or sponsors, who
help us manage or provide our products and services. For example:
These third party service providers are
required to protect personal data entrusted to them and not use it for any
other purpose than the specific service they are providing on our behalf.
In some circumstances, we may be
legally required to share your personal data, for example if we are involved in
legal proceedings or complying with legal obligations, a court order, or the
instructions of a government authority.
We may also transfer your personal data
to a third party as part of a sale of some or all of our business and assets to
any third party or as part of any business restructuring or reorganisation. At
all times, we take steps to ensure your privacy rights continue to be protected
as per this Privacy Notice.
6. WHERE IN THE WORLD IS THE
INFORMATION SENT AND STORED?
We are based in the United Kingdom, The
Netherlands and the United States will normally access and use your information
from each of those locations as appropriate. We will usually store your
personal data on secure servers in the relevant jurisdiction, and will seek to
protect your personal data by limiting access to your personal data to those
employees, agents, contractors and other third parties with a legitimate need
to know and ensure that they are subject to duties of confidentiality. We also
have in place procedures for dealing with data breaches (the accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of, or access to, your
personal data) including notifying you and/or the relevant data protection
authority where we are legally required to do so.
If instances arise where we transfer
your personal data to countries outside of the European Economic Area (“EEA”),
we will take appropriate steps to ensure the personal data is afforded the same
level of protection as described in this Privacy Notice. For example, we may
rely on adequacy decisions or any adequate data transfer mechanisms adopted by
the European Commission or a supervisory authority for transfers outside of the
7. FOR HOW LONG IS MY PERSONAL DATA
We will normally keep your personal
data while you or your employer have an ongoing relationship with us or if you
have demonstrated an interest in our products and services.
We will not retain your personal data
for longer than is necessary except for as long as you are using our services,
and generally for a minimum of seven years after that to comply with the legal
or regulatory requirements, or if we face a legal challenge.
To work out how long we keep different
categories of personal data, we consider why we hold it, if it is special
category data, how long the law says we need to keep it for, and what the risks
8. DO WE MAKE AUTOMATIC DECISIONS ABOUT
YOU OR PROFILE YOU USING YOUR PERSONAL DATA?
We use certain profiling techniques in
order to help us to understand you and your needs. This in turn helps us to
understand which products and services you might be interested in. We do not
use automated decision-making or profiling to make any decisions that will
significantly affect you. For example, we do not use it to set the prices that
we charge for our products and services.
9. WHAT RIGHTS DO YOU HAVE IN RESPECT
OF THE PERSONAL DATA THAT WE HOLD ABOUT YOU?
You have several different rights in
relation to the personal data that we hold about you. These are briefly
described below. To enquire about exercising these rights, please use the
contact details set out in section 1.
Right of access:
You have a right to find out what
personal data we hold about you, and to a copy of any personal data processed
about you. If you request to see your
personal data, your initial request will be free of charge; subsequent requests
may attract an administration fee.
Right to correct and update your
If you believe that the information
that we hold about you is inaccurate or out of date, you have a right to get it
Right to request deletion:
If you want us to delete your personal
data, you can ask us to do so at any time. The circumstances when deletion can
apply include when we no longer need it to meet a lawful basis for processing
unless that basis is consent and you withdraw your consent, or you object to
the processing, or the processing is unlawful. However, certain exclusions
apply – where the processing is necessary for compliance with a legal
obligation or to establish, exercise or defend legal claims.
Right to request restriction:
You can ask us to restrict our use of
your personal data in some circumstances: a) if you want us to establish the data’s
accuracy; b) where our use of the data is unlawful but you do not want us to
erase it; c) where you need us to hold the data even if we no longer require it
as you need it to establish, exercise, or defend legal claims; or d) you have
objected to our use of your data but we need to verify whether we have
overriding legitimate grounds to use it.
Right to be informed:
This Privacy Notice provides you with
the details on how we use and process your personal data.
Right to object to processing:
You may request that we stop processing
information about you. Upon considering your request we will let you know if we
are able to comply or if we have legitimate grounds to continue to process your
data. Even after you exercise your right to object, we may continue to hold
your data to comply with your other rights, or to bring or defend legal claims.
Right to withdraw consent:
This means that, if we are relying on
your consent as the legal basis for using your personal data, you are free to
withdraw that consent at any time.
Right to data portability:
You have the right to ask us to provide
your personal data to another data controller or third party service provider.
Rights related to automated processing:
Where this processing produces legal
effects or significantly affects you, you can object to this processing unless
the processing is necessary as part of our contract or is required by law.
10. WHO CAN YOU COMPLAIN TO IF YOU ARE
UNHAPPY ABOUT THE USE OF YOUR PERSONAL DATA?
We try to ensure that we deliver the
best levels of customer service but if you are not happy you should make
contact with us in the first instance so that we can investigate your concerns.
Please contact us using these details:
You also have the right to lodge a
complaint with the relevant data protection authority including Information
Commissioner’s Office (ICO), which is the body that regulates the handling of
personal data in the United Kingdom or the Dutch Data Protection Authority
(Autoriteit Persoonsgegevens) https://autoriteitpersoonsgegevens.nl/en, in the UK you can
do this online through the ICO’s website at www.ico.org.uk or by telephone on
0303 123 1113, or by writing to them at Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, SK9 5AF. In the Netherlands you can do
this by writing to Dutch Data Protection Authority at Autoriteit
Persoonsgegevens PO Box 93374 2509 AJ DEN HAAG The Netherlands or by
telephone (+31) 70 888 85 00.
11. CHANGES TO THIS PRIVACY NOTICE
We review our use of your personal data regularly. In doing so, we can
change what personal data we collect, how we keep it and what we do with it. As
a result, we may change this Privacy Notice from time to time to keep it
relevant and up to date.
Any changes will be immediately posted on our websites and we recommend
that you check this page regularly to keep up to date. This Privacy Notice was
last updated on 15th October 2021.
If we need to make substantial changes to this Notice, we will notify
you, if we hold your contact details, before we make any changes unless we are
required to make the change sooner (for example regulatory reasons).
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