Personal Information may include your name, age, home address, phone number, marital status, income, credit history, medical information, education, employment information and social registration numbers. We are committed to providing our clients, customers, members ("you", "your" or "them") with exceptional service. Providing exceptional service may involve the collection, use and, at times, the disclosure of your Personal Information. Protecting your Personal Information is one of our highest priorities. While we have always respected your privacy and safeguarded all Personal Information, we have strengthened our commitment to this goal. This is to continue to provide exceptional service to you and to comply with all laws regarding the collection, use and disclosure of Personal Information. We will inform you of why and how we collect, use and disclose Personal Information; obtain your consent, as required; and handle Personal Information according to applicable law. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your personal information. This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service. We will not use or share your information with anyone except as described in this Privacy Policy.
We will only collect Personal Information that is necessary to fulfill the following purposes:
We will obtain your consent to collect, use or disclose Personal Information. In some cases, we can do so without your consent (see below). You can provide consent orally, in writing, electronically or through an authorized representative. You provide implied consent where our purpose for collecting using or disclosing your Personal Information would be considered obvious or reasonable in the circumstances. Consent may also be implied where you have notice and a reasonable opportunity to opt-out of having your Personal Information used for mail-outs, marketing or fundraising and you do not opt-out. We may collect, use or disclose Personal Information without the consent:
We will not sell your Personal Information to other parties unless consent has been provided or implied. We retain your Personal Information for the time necessary to fulfill the identified purposes or a legal or business purpose. We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request correction to your Personal Information to ensure its accuracy and completeness. A request must be in writing and provide sufficient detail to identify your Personal Information and the correction being sought. We are committed to ensuring the security of your Personal Information and may use passwords, encryption, firewalls, restricted employee access or other methods, in our discretion. We will use appropriate security measures when destroying your Personal Information such as shredding documents or deleting electronically stored information, in our discretion.
We may collect information that your web browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. If you do not instruct your browser to refuse all cookies or to indicate when a cookie is being sent, your consent to our use of your Personal Information may be implied.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
As set out above, and for clarity, we will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Minor"). We do not knowingly collect personally identifiable information from Minors. If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minors without verification of parental consent, we take steps to remove that information from our servers.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
If you have any questions about this Privacy Policy, please contact us at support@sleepnimbus.com
1.1 You have legal rights with regard to the way your personal data is handled.
1.2 In the course of our business activities we collect, store and process personal data about our customers, suppliers and other third parties, and therefore in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.
1.3 All people working in or with our business are obliged to comply with this policy when processing personal data.
2.1 This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, for example, customers and business contacts, or that is provided to us by data subjects or other sources.
2.2 It also sets out our obligations in relation to data protection under the General Data Protection Regulation (“the Regulation”).
2.3 This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
2.4 The procedures and principles set out herein must be followed at all times by us and our employees, agents, contractors, or other parties working on behalf of the Company.
2.5 We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.
3.The meaning of key Data Protection terms
3.1 Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
3.2 Data subjects for the purpose of this policy include all living individuals about whom we holds personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
3.3 Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behavior.
3.4 Data controllers are the people who or organizations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
3.5 Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
4.Summary of the Data Protection Principles
This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:
4.1.1 request access to any data held about them by a Data Controller (see also clause 15).
4.1.2 prevent the processing of their data for direct-marketing purposes.
4.1.3 ask to have inaccurate data amended (see also clause 9).
4.1.4 prevent processing that is likely to cause damage or distress to themselves or anyone else.
5.Our use of personal data and our purpose
We collect, hold, and process the personal data referred to in Schedule 1 (and the purpose for which we process that personal data is also set out in Schedule 1).
6.Our data protection measures
When we are working with personal data we take the measures set out in Schedule 2.
7.Lawful, Fair, and Transparent Data Processing
The Regulation is 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 data subject. The processing of personal data is lawful if one (or more) of the following applies:
8.Processed for Specified, Explicit and Legitimate Purposes
8.1 The Company collects and processes the personal data set out in Schedule 1 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and can include data received from third parties.
8.2 The Company only processes personal data for the specific purposes set out in Schedule 1 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.
9.Adequate, Relevant and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 5, above.
10.Accuracy of Data and Keeping Data Up To Date
The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
11.Timely Processing
The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.
12.Secure Processing
The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organizational measures which shall be taken are provided in Parts 22 and 23 of this Policy.
12.1 An assessment of the risks posed to individual data subjects; and
12.2 Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.
13.The Rights of Data Subjects
The Regulation sets out the following rights applicable to data subjects:
14.Keeping Data Subjects Informed
14.1The Company shall ensure that the following information is provided to every data subject when personal data is collected:
a)Details of the Company including, but not limited to, the identity of Ryan Afflitto, its Data Protection Officer;
b)The purpose(s) for which the personal data is being collected and will be processed (as detailed in Schedule 1 of this Policy) and the legal basis justifying that collection and processing;
c)Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
d)Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
e)Where the personal data is to be transferred to one or more third parties, details of those parties;
f)Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 26 of this Policy for further details concerning such third country data transfers);
g)Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);
h)Details of the data subject’s rights under the Regulation;
i)Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
j)Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);
k)Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;
l)Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.
14.2 The information set out above in Part 14.1 shall be provided to the data subject at the following applicable time:
14.2.1 Where the personal data is obtained from the data subject directly, at the time of collection;
14.2.2 Where the personal data is not obtained from the data subject directly (i.e. from another party):
a)If the personal data is used to communicate with the data subject, at the time of the first communication; or
b)If the personal data is to be disclosed to another party, before the personal data is disclosed; or
c)In any event, not more than one month after the time at which the Company obtains the personal data.
15.1 A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
15.2 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
16.1 If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
16.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.
17.1 Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:
a)It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;
b)The data subject wishes to withdraw their consent to the Company holding and processing their personal data;
c)The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 20 of this Policy for further details concerning data subjects’ rights to object);
d)The personal data has been processed unlawfully;
e)The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
17.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).
17.3 In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
18.1 Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.
18.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
19.1 Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other Data Controllers, e.g. other organizations).
19.2 To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following format:
a)CSV file;
19.3 Where technically feasible, if requested by a data subject, personal data shall be sent directly to another Data Controller.
19.4 All requests for copies of personal data shall be complied with within one month of the data subject’s request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).
20.1 Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), and direct marketing (including profiling).
20.2 Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.
20.3 Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing forthwith.
20.4 Where a data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the data subject must, under the Regulation, ‘demonstrate grounds relating to his or her particular situation’. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
21.1 In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.
21.2 The right described in Part 21.1 does not apply in the following circumstances:
a)The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;
b)The decision is authorised by law; or
c)The data subject has given their explicit consent.
Where the Company uses personal data for profiling purposes, the following shall apply:
a)Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b)Appropriate mathematical or statistical procedures will be used;
c)Technical and organizational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d)All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 and 23 of this Policy for more details on data security).
The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
a)The name and details of the Company, its data protection officer, and any applicable third party Data Controllers;
b)The purposes for which the Company processes personal data;
c)Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;
d)Details (and categories) of any third parties that will receive personal data from the Company;
e)Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
f)Details of how long personal data will be retained by the Company; and
g)Detailed descriptions of all technical and organizational measures taken by the Company to ensure the security of personal data.
The Company shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s data protection officer and shall address the following areas of importance:
24.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
24.2 Details of the legitimate interests being pursued by the Company;
24.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
26.1 The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
26.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
27.1 All personal data breaches must be reported immediately to the Company’s data protection officer.
27.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
27.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 27.2) to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.
27.4 Data breach notifications shall include the following information:
This Policy shall be deemed effective as of May 25, 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
The following personal data may be collected, held, and processed by the Company:
These are the measures we take when working with personal data: