1. Introduction

This website: www.thecommercialtoolkit.com (“Site”) is owned and operated by The Commercial Toolkit Ltd, a company incorporated and registered in accordance with the laws of England and Wales, with registered company number 13395815 and with its registered office at Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG, Wales (“TCT”).

This Privacy Policy (“Privacy Policy“) explains how TCT collects, processes, uses and stores to any personal information which we collect from you or which we have obtained about you from third parties as well as the purposes for which we process your personal information. It also sets out your rights in respect of our processing of your personal information.

This Privacy Policy is intended to assist you in making informed decisions when using the TCT website and our services.

2. Who are we and what do we do

TCT is a limited company, incorporated and operated in the United Kingdom, which provides business consultancy services and training to business primarily in the United Kingdom and Norway. TCT operates in Norway through a separately regulated legal entity, Konnexus Advokatfirma AS (“Konnexus”)

For these purposes both TCT and Konnexus are the joint data controllers responsible for your personal information which is collected and processed via the TCT website: www.thecommercialtoolkit.com (“Site”)

3. How to contact us

If you have any questions about this Privacy Policy or want to exercise your rights set out in this Privacy Policy, please contact us by sending an email to either [email protected] or [email protected]

4.  What personal information do we collect?

TCT may collect personal information from you either through your use of our Site, when you contact us or request information from us, or as a result of your existing relationship with one or more of our directors, officers or employees.

Our primary goal in collecting personal information from you is to help us:

• verify your identity
• deliver our Services
• improve, develop and market new Services
• carry out requests made by you on the Site or in relation to our Services
• comply with any applicable law, court order, other judicial process, or the requirements of a regulator
• enforce our agreements with you
• use as otherwise required or permitted by law.

To undertake these goals we may process the following personal information:

• If you are a visitor to the Site:

• Name and job title.
• Contact information including the company you work for, email address and social media account where appropriate.
• Demographic information
• Other information relevant to the provision of Services.

• If you are an individual client in receipt of our Services or prospective individual client:

• Name and job title.
• Contact information including the company you work for and email address, where provided.
• Payment information.
• Information that you provide to us in order to establish the nature of the Services and assistance you require
• Relevant information as required by Know Your Client and/or Anti-Money Laundering regulations and as part of our client onboarding procedures. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout our relationship with clients, which we may request and/or obtain from third party sources. The sources for such verification may comprise documentation which we request from you or through the use of online sources or both.
• Information you provide to us for the purposes of attending meetings and events, including dietary requirements which may reveal information about your health or religious beliefs.
• Other information relevant to provision of Services.

It may also be that you are an individual whose personal information is processed by us as a result of providing our Services to others. This may include personal information relating, without limitation, to any of our clients’ officers, employees or contractors, customers of our client, any opponent or other party involved in litigation or any party involved in funding activity, bid activity or negotiations or any representatives of those parties.

This is a non-exhaustive list which reflects the of the varied nature of the personal information processed as a result of the services TCT provides:

• For clients and prospects, we also collect information to enable us to market services which may be of interest to you. For this purpose we collect:
• Name and contact details.
• Other business information such as job title and the company you work for.
• Areas or topics that interest you.
• Additional information may be collected such as training sessions and events you attend.

 

5. How do we use your personal information?

We may use your information for the following purposes:

Performance of TCT’s services

We collect and maintain personal information that you submit to us as a result of your use of the Site and/or our Services to enable us to perform the Services. It is necessary for us to process your information to perform our obligations in accordance with any contract that we may have with you. It is in our legitimate interest to use your personal information in such a way as to ensure that we provide the best quality of service we can to you.

Client services

Our Site uses various user interfaces to allow you to request information about our Services including electronic enquiry forms and a telephone enquiry service. Contact information may be requested, together with details of other personal information that is relevant to your enquiry. This information is used to enable us to respond to your requests.
It is in our legitimate interest to use your personal information in such a way to ensure that we can offer the benefits of our services to you or others.

Business administration and legal compliance

We use your personal information for the following business administration and legal compliance purposes:

• to comply with our legal obligations (including any Know Your Client or Anti-Money Laundering or Anti-Bribery, conflicts or similar obligations.
• Complying with regulatory requirements (including dealing with any complaints or ensuring that we have the prescribed insurance coverage.
• to enforce our legal rights;
• to protect the rights of third parties; and
• in connection with a business transaction such the negotiation of a contract or the delivery of a bid

If we use your personal information in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. Where we use your personal information to comply with a legal obligation or regulatory requirement, then it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.

Marketing communications

Subject to your consent, we may use your personal information to carry out marketing activities such as providing you with email newsletters, training offers and updates. We also use information that we obtain about you from your interactions with our Site, our email communications to you and/or with Services. We have a legitimate interest in using your personal data for these purposes but will only send you such marketing communications where you have consented to receiving them.

Client insight and analysis

• We also analyse your contact details with other personal information that we observe about you from your interactions with our Site, such as the information you have viewed or downloaded and the details of any services you have viewed.

  We use cookies, where you have consented to their use, to collect personal information from the computer hardware and software you use to access the Site, or from your mobile. This includes the following:

• an IP address to monitor Site traffic and volume;
• a session ID to track usage statistics on our Site;
• information regarding your personal or professional interests, demographics, experiences with our products and contact preferences.

Our web pages contain cookies, web beacons, pixel tags and similar technologies (“Cookies“). These Cookies allow us to track receipt of an email to you, to count users that have visited a web page or opened an email and collect other types of aggregate information. Once you click on an email that contains a Cookie, your contact information may subsequently be cross-referenced to the source email and the relevant Cookie.

Please see Cookie Policy for further information.

We use this information to measure the effectiveness of our content and how visitors use our Site and our Services. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of offers our registered users like to see.

Where your personal information is not in an anonymous form, it is in our legitimate interest to use it in such a way to ensure that we provide the very best products and services to you and our other clients.

6. What is our legal basis to use or process your personal information?

In summary, it is necessary for us to use your personal information to;

• perform our obligations in accordance with any contract that we may have with you.
• ensure that we provide the Services in the best way that we can.
• comply with any legal obligations imposed upon us.
  
  
  

7. Who do we share your personal information with?

Your information may be provided to our partner entity based in Norway, Konnexus, for the purposes of providing the services to you.

Following the UK’s exit from the EU, the European Commission issued an adequacy decision on 28 June 2021 pursuant to Regulation (EU) 2016/679, which formally recognises the provisions of the UK Data Protection Act 2018 as providing a corresponding level of protection in relation to personal data, than provided for under EU General Data Protection Regulation (GDPR). This means that the UK is not regarded by the EU as a third country for the purposes of data protection and that personal data can be transferred between the UK and the EEA in reliance upon the decision in the same way as before Brexit.

This means that if TCT does transfer your personal data to its partner Norway, or vice versa, then it will not be considered as a transfer outside the EEA or as a transfer to a third country.

We may also share personal information with a variety of the following categories of third parties as necessary:

• Our professional advisers such as lawyers and accountants.
• Government or regulatory authorities.
• Professional indemnity or other relevant insurers.
• Regulators/tax authorities/corporate registries.
• Third parties to whom we outsource certain services such as, without limitation, document processing and translation services, IT Support service providers or document and information storage providers.
• Third parties engaged in the course of the services we provide such as expert counsel, patent agents, patent and trade mark registries, arbitrators, mediators, clerks, witnesses, cost draftsmen, court, opposing party and their lawyers, document review platforms and experts such as tax advisors or valuers.
• Third party service providers to assist us with client insight analytics, such as Google Analytics.
• Third party postal or courier providers.

Please note this list is non-exhaustive and there may be other examples where we need to share your personal information with other parties in order to provide our Services to you as effectively as we can.

8. Our use of cookies and similar technologies

Our Site use certain Cookies, log files and other technologies of which you should be aware. Please see Cookie Policy, to find out more about the Cookies we use and how to manage and delete the Cookies.

9. Third party contractors and other controllers

As mentioned above, we may appoint sub-contractors and data processors as required to deliver the Services, including without limitation, document processing and translation services, providers of personal assistant services and IT systems or software providers, who will process personal information on our behalf and at our direction. We will conduct appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.

 

10. How long do we keep your personal information for?

For visitors to our Site, we will retain relevant personal information for at least three years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world, or for longer if we are required to do so according to our regulatory obligations or professional indemnity obligations.

In relation to the provision of Services, we will retain relevant personal information for at least six years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world, or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations. We may then destroy such files without further notice or liability.

11. Confidentiality and the security of your personal information

TCT is committed to keeping the personal information you have provided to us secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

12. How to access your information and your other rights

You have the following rights in relation to the personal information we hold about you:

• Your right of access
  If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

• Your right to rectification
  If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
• Your right to erasure
  You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent for us to use it. If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
• Your right to restrict processing
  You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to using it. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.

• Your right to data portability
  You have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

• Your right to object
  You can ask us to stop processing your personal information, and we will do so unless we can demonstrate compelling legal or regulatory reasons grounds for the processing of it.

• Your right to withdraw consent
  If we rely on your consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.

• Your right to lodge a complaint with the supervisory authority
  If you have a concern about any aspect of our privacy practices, including the way we’ve handled your personal information, you can report it to the UK Data Commissioner. For more information, please see: Home | ICO

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the data or where data may be exempt from disclosure due to reasons of legal professional privilege or professional secrecy obligations.

13. Collection of information by third-party sites and sponsors

Our Site may contain links to other websites and on-line resources who have differing data protection policies and standards. TCT makes no warranty as to the accuracy, content or security of these third-party websites and has no liability for any losses, damages, claims and expenses which arise as a result of your accessing such third party websites. You should consult the other sites’ privacy notices as TCT has no control over information that is submitted to, or collected by, these third parties.

14. Changes to this Privacy Policy

We may make changes to this Privacy Policy from time to time. To ensure that you are always aware of how we use your personal information we will update this Privacy Policy from time to time to reflect any changes to our use of your personal information.

We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where it is practicable, we will notify you by email of any significant changes. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.