Changes to the Global Privacy Notice and your duty to inform us of changes
The first version of this Privacy Notice was issued in May 2018. This version was updated in September 2021. Any prior versions of this notice can be obtained by contacting us at privacy@Criticalarc.com .
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. If you wish to update your personal data please contact us by emailing privacy@Criticalarc.com
Our Websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Websites, we encourage you to read the privacy notice of every websites you visit.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
The personal data that we collect about you
Personal data, or 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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together to explain how this type of data is used, as follows:
- Identity Data includes first name, last name, title and photograph. We collect this information in order to verify your identity and provide you with the responder services.
- Contact Data includes billing address, home address, insured address, email address and telephone numbers. We collect this information in order to provide you with access to certain features of our services and to inform you about relevant information concerning your use of our services.
- Preferences: Your preferences and settings such as time zone and language. We collect this information in order to enhance your user experience.
- Communications between you and our support staff regarding the services. We collect this information in order to monitor the quality of our support staff, in order to support our users more effectively and your communications with us.
- Information from third parties: We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into our services or connect with or use with our services. This could include, without limitation, any information that you have made public through a given social media account of yours. We collect this information in order to provide you with an easier and faster access to our Services.
- Location Data: We may collect information about your location if you have instructed your mobile device or computer to send such information via the privacy settings on that mobile device or computer. We use the location data collected as a critical aspect of delivering our services. To provide location-based services on our products, we, our partners and our licensees may collect, use, and share precise location data, including the real-time geographic location of your CriticalArc computer or device. Where available, location-based services may use GPS, Bluetooth, IP address, crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Some location-based services that we offer, such as the notification feature, require your personal information for the feature to work.
- Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this websites.
- Profile Data:
- When using our Websites, this includes enquiries made by you, preferences, feedback and survey responses; and
- When using our Services, this includes SafeZone app, device data, check-in data, alert data, mass communications and two-way notifications.
- Usage Data includes information about how you use our Websites, products and Services. This data is collected in order to analyze overall usage of the system and to improve our services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
In some circumstances, your organization may request information to assist in providing the best response and improve Services. This may include special medical and/or accessibility information such as allergies, Medical Conditions, PEEPS (Personal Emergency Evacuation Plans), for example. These are Special Categories of Personal Data about you which will only be collected in relation to improving the Services and the approved purpose. Other than set out in this paragraph, we do not collect any other Special Categories of your Personal 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 your organization 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 your organization (for example, to allow response to you if you request assistance through the use of our services). In this case, we may have to cancel a product or Service you have with us or disallow the use of such Service, but we will notify you if this is the case at the time.
How we collect personal data from you
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity and Contact data by filling in forms or by opting-in having been invited to do so by your organization when they purchase a service from us.
- Third parties or publicly available sources. We receive Identity Data, Contact Data, Financial Data, Professional Information and Special Categories of Personal Data about you from third parties, when:
- we provide our client services or other parties send us your personal data to enable the provision of those service;
- you provide your personal data to a third party for the purpose of sharing it with us.
- When using our Websites, we may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- navigation data such as Lucky Orange based outside the EU;
- Internet Protocol data such as LeadFeeder or LeadForensics.
- Marketing and Communications Data. When you use our Websites, our Services or other electronic platforms and portals which we offer or which we have agreed with you to use, or when you review the publications or marketing communications we send you.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our Websites, including but not limited to personally identifying information like Internet Protocol (IP) addresses. We may also collect statistics about the behavior of visitors to its Website.
How we use your 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 and our Customer.
- 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.
- Where you have provided your consent to processing your personal data.
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).
Where your organization is our customer and is using our services, we ask you to consent to us processing your personal data, through our mobile application and by accepting our End User License Agreement.
We will ask you for consent as a legal basis for processing your personal data in relation to sending third party direct marketing communications to you via email or text message or when you have visited our Websites. You have the right to withdraw consent to marketing at any time by contacting us.
Your organization may also invite you to opt into our services via email. When this happens, you will receive email updates and notifications from your organization.
Some of the ways we may use your personal information is as follows:
- To identify, locate and communicate with you when you use our services, including raising an alert or checking-in.
- To verify identity, assist with identification of users, and to determine appropriate responder services when you use our services.
- To help us create, develop, operate, deliver, and improve our products, services, and content.
- From time to time, we may send important notices, such as communications about changes to terms, conditions, and policies. As this information is important to your interaction with us through your organization, you may not opt out of receiving these communications.
- For internal purposes such as auditing, data analysis, and research to improve our products, services, and user communications.
We do not use your personal data or share your personal data with third parties for marketing purposes. We will not sell your personal data.
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
CriticalArc does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.
We may have to share your personal data with the entities and persons set out below for the purposes for which we collected the personal data, as detailed above in the “How we use your personal data”.
Your personal data may be shared within CriticalArc between the CriticalArc Group Entities. As an international company, we share your personal data between CriticalArc offices to ensure the efficient operation of our firm (for instance, by sourcing our shared services in the most cost-effective way) and to provide the highest quality of client services. We may also, where you have opted in and consented to for us to do so, share your personal data with other Customers to provide shared Services. Where this is the case, we will only share the minimal amount of personal data necessary for the purpose of processing.
Your personal data is shared in accordance with the adequate procedures in the relevant country and this Privacy Notice.
Where required, we will, subject to our professional and legal obligations, disclose your personal data to:
(i) any person or entity to whom we are required or requested to make such disclosure by any court of competent jurisdiction or by any governmental, taxation or other regulatory authority, law enforcement agency or similar body;
(ii) our professional advisers or consultants, including lawyers, bankers, auditors, accountants and insurers providing consultancy, legal, banking, audit, accounting or insurance services to us;
(iii) any financial institutions providing finance to us;
(iv) service providers who provide information technology and system administration services to us; and
(v) any external auditors who may carry out independent checks of your file as part of our accreditations.
We may share your personal data with persons or entities outside of CriticalArc to whom we may sell or transfer parts of our business or assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the part of our business that is (as the case may be) sold, acquired or is the merged entity may use your personal data in the same way as set out in this notice.
We require any person or entity to whom we disclose personal data pursuant to this section (Data Sharing) to respect the confidentiality and security of your personal data and to treat it in accordance with applicable laws and regulations. We do not allow such recipients of your personal data to use it for their own purposes, and we only permit them to process your personal data for specified purposes and in accordance with our instructions.
Why might you share my personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
In addition to as set out above, if your organization has opted in to one of our Alliances, and you have provided your consent to do so, your personal data will be shared with other organizations, locally and globally, within the Alliance. An ‘Alliance’ is where two or more of our customers join up to provide shared services. Where this is the case we will only share the minimal amount of personal data necessary for the purpose of processing.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: email services, SMS services, push notification services and cloud infrastructure services for the purposes of providing our Service.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When might you share my personal information with other entities in the group?
We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data.
We are a global business. We may transfer the personal data we collect about you to recipients in countries other than your country, including the United Kingdom, United States, Australia and Bahrain, where our offices are located. These countries may not have the same data protection laws as the country you are in or in which you initially provided the information.
In some cases, the parties who we use to process personal data on our behalf are based outside the EEA and/or the UK, therefore their processing of your personal data will involve a transfer of such data outside the EEA and/or the UK. Similarly, in the course of providing our Services outside of the EEA and/or the UK, we may be required to relevant personal data with them. Where this is the case, we will only share the minimal amount of personal data necessary for the purpose of processing.
Whenever we transfer your personal data out of the EEA and/or the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission (in the case of transfers out of the EEA) or the UK Government (in the case of transfers out of the UK); and/or
- where we use certain service providers, we may use specific contracts approved by the European Commission (in the case of transfers out of the EEA) and/or the UK Government (in the case of transfers out of the UK), in both cases which give personal data the same protection it has within the EEA and/or UK as applicable.
Organizations who have opted to use the service (our customers) shall ensure that they are entitled to transfer any end user’s personal data to us and third parties so that we or the third party may lawfully use, process and transfer the personal data in accordance with this policy on the customer’s behalf. The customer shall also ensure that all end users have been informed of, and have given their consent to such use, processing and transfer as required by the applicable data protection legislation.
Please contact us at privacy@Criticalarc.com if you want further information on the specific mechanism used by us when transferring your personal data outside of the EEA and/or the UK.
We may also transfer Personal data to countries for which adequacy decisions have been issued, use contractual protections for the transfer of personal data to third parties, such as the European Commission’s Standard Contractual Clauses or their equivalent under applicable law, or such other framework as may be deemed adequate by a competent authority.
United States – California
If you are a consumer located in California, we process your personal data in accordance with the California Consumer Privacy Act (CCPA). This section provides additional details about the personal information we collect and use for purposes of CCPA.
- How We Collect, Use, and share your Personal Information
- Your CCPA Rights and Choices
As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:
- Exercising the right to know: You may request the following information about the personal information we have collected about you:
- the categories and specific pieces of personal information we have collected about you;
- the categories of sources from which we collected the personal information;
- the business or commercial purpose for which we collected the personal information;
- the categories of third parties with whom we shared the personal information; and
- the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
- Exercising the right to delete: You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
- Exercising the right to opt-out from a sale: You may request to opt out of any “sale” of your personal information that may take place. As described in the Data Sharing section, we do not use, share, rent or sell the Personal Data of our Users’ Customers for interest-based advertising. We do not sell or rent the Personal Data of our Users, their Customers or our Site visitors.
- Non-discrimination: The CCPA provides that you may not be discriminated against for exercising these rights.
To submit a request to exercise any of the rights described above, contact firstname.lastname@example.org
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 unauthorized 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.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research, reporting or statistical purposes in which case we may use this information indefinitely without further notice to you.
Organizations that we work with, who are the data controllers of your personal data, may keep your personal data for different periods of time. Each data controller has their own retention policy which you should review for further information.
Data is held in Criticalarc using different (multiple) secure servers.
Your rights in connection with personal information
Under certain circumstances, you have legal rights under data protection law in relation to the personal data that we hold about you. These rights are:
- To request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- To request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- To request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- To object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- To request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (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.
- To request the transfer of your personal information to another party. In this case, we can provide you, or a third party chosen by you, with your personal data in a machine-readable format. This right only applies o automated information which you initially provided consent for us to use or where we used the personal data to perform a contract with you.
- Right to withdraw consent Where we are relying on consent to process your personal data you have the right to withdraw this. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of your rights, set out above, please contact Erika Moralez-Perez, Data Protection Officer, privacy@Criticalarc.com in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new Global Privacy Notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.