Privacy and Cookie Policy
Last Updated and Effective: 27th February 2023
1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors and service users, individual customers and customer personnel.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users, individual customers and customer personnel; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 In this Privacy and Cookies Policy, "we", "us" and "our" refer to JAM Internet Marketing Ltd who operate and is a data controller for https://thebestyouprogramme.com website (hereinafter referred to as "our website") for more information about us, see Section 19.
1.4 We use cookies on our website:
(a) certain strictly necessary cookies are required in order to allow our website to function securely and assist us in compliance matters or fraud prevention and cannot be switched off in our systems;
(b) You can set your browser to block cookies, but some parts of the website might not then work;
(c) Insofar as cookies that are not strictly necessary for the provision of our website and services, we will ask you to consent to their use when you first visit our website, you can select or reject them using our cookie consent mechanism:
(d) see Sections 14 to 18 inclusive for full details.
1.5 Unless otherwise defined in this Privacy and Cookies Policy (“policy”) the terms used in the policy have the same meaning as in our Terms and Conditions accessible from our website.
1.6 In providing us with your personal data you warrant to us that you are over 18 years of age.
2. The personal data that we collect
2.01 In this Section 2 we have set out:
(a) the general categories of personal data that we process;
(b) in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
2.02 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, time zone, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, duration and pattern of your use of our website and services. The source of the usage data is our analytics tracking system and (where applicable) data from our service providers (see details and links in Section 16).
2.03 We may process your website user account data ("account data"). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you and/or your employer, although some elements of the account data may be generated by our website. If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.
2.04 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The source of the profile data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the profile data from the relevant social media account provider..
2.05 We may process your personal data that are provided in the course of the use of our services and generated by our services in the course of such use ("service data"). The service data may include AwProTools, Connect Audience, Wordfence, Active Campaign, Thrive Suite and NameCheap. The source of the service data is you and/or your employer and/or our services.
2.06 We may process information relating to transactions, including purchases of goods and/or products and/or services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your name and/or contact data and details, your payment card details (or other payment details) and the transaction and payment details. The source of the transaction data is you and/or the our payment services provider.
2.07 We may process information contained in or relating to any communication and/or enquiry that you send to us whether through the contact form on our website, through email, text, social media messaging and/or posting or any direct mail or any other communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using our website contact forms.
2.08 We may process information relating to our customer relationships, including customer contact data and information ("customer relationship data"). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact data and details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.
2.09 We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, IP address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.
2.10 For the avoidance of doubt we DO NOT collect or process any Sensitive data about you. Sensitive data (“sensitive data”) refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data and/or any information about criminal convictions and offences.
2.11 Where we are required to collect personal data by law, or under the terms of a contract between us, and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or products or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
2.12 Please do not supply any other person's personal data to us, unless we prompt you to do so.
3. Purposes of processing and legal bases
3.1 In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.
3.2 Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business and/or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.3 Publications - We may process account data, profile data and/or service data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent or our legitimate interests, namely the publication of content in the ordinary course of our operations including but not limited to the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 Relationships and communications - We may process contact data, account data, customer relationship data, transaction data and/or communication data for [the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.
3.5 Personalisation - We may process account data, service data and/or usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is consent or our legitimate interests, namely offering the best possible experience for our website visitors and service users.
3.6 Direct marketing - We may process contact data, account data, profile data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications and promotions by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. Promotions include but are not limited to competitions, prize draws, free reports or software or giveaways. The legal basis for this processing is consent or our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users in order to grow our business and to decide on or review our marketing strategy.
With regards to consent you can ask us or our third parties to stop sending you direct marketing messages at any time by activating the opt-out or unsubscribe links in any message sent to you or by emailing us at support@jamimltd.com.
3.7 Research and analysis - We may process usage data, service data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent or our legitimate interests, namely monitoring, supporting, improving and securing our website and services, and business generally and to avoid or correct errors or malfunctions of our website or services.
3.8 Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.
3.9 Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.
3.10 Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice including, but not limited to, lawyers, bankers, financial, auditors, insurers, security, IT and software system and service advisers. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.11 Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12 Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person and/or without your knowledge or consent where this is required or permitted by law.
4. Automated decision-making
4.1 We may use your contact data, service data, usage data, customer relationship data and/or communication data for the purposes of automated decision-making in relation to an automated segmentation process provided by our autoresponder software service provider Active Campaign LLC to create segregated lists or categories that may be of specific interest to you.
4.2 This simple automated logic based decision-making process will help assist us to only provide you with relevant and/or requested information and/or targeted direct marketing materials or information.
4.3 The significance and possible consequences of this automated decision-making when implemented are you should only receive relevant or requested and/or direct marketing materials or information from us. We do this additional automated decision-making in an effort to avoid creating or distributing spam, the effectiveness of this process is somewhat dependent upon software compatibility, browser settings and other related technical issues that occur from time to time.
5. Providing your personal data to others
5.1 We may disclose your personal data to our insurers and/or professional advisers (including but not limited to lawyers, bankers, financial, auditors, security, IT and software system and service advisers) insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, and/or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5.2 Your personal data on our website and/or held in our website database will be stored on the servers of our hosting services providers UK based servers as provided by our hosting company Namecheap who are based in Phoenix County in the State of Arizona USA to whom we pay an additional annual fee to facilitate our website and/or website database being stored on UK based servers. You can find information about Namecheap and Namecheap Inc and their privacy policies and practices at https://www.namecheap.com/legal/general/privacy-policy/.
5.3 We may disclose your contact data, account data, profile data, transaction data, service data, usage data, communication data and/or customer relationship data to our suppliers or subcontractors and/or our third party service providers (see relevant details and links in section 17) insofar as reasonably necessary to fulfil our obligations under any contract or service obligation associated with or arising from the processing of your personal data where we deem we have lawful grounds of processing.
5.4 Financial transactions relating to our website and services may be handled by our payment services providers, PayPal (Europe) S.a.r.l. et Cie, S.C.A. and PayPal Inc and/or ThriveCart (WebActix Ltd) and/or Amazon Inc and/or Stripe Inc or Stripe Payments Europe Limited (SPEL) and/or Payoneer Inc. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/myaccount/privacy/privacyhub, https://support.thrivecart.com, https://www.payoneer.com/legal/privacy-policy/, https://stripe.com/privacy and/or https://www.amazon.com/gp/help/customer/display.html?nodeId=468496&ref_=footer_privacy.
5.5 We may disclose your contact data and/or service data along with any other personal data contained in enquires made through our website or services to one or more of those selected third party suppliers of goods and products and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or products and/or services. Each such third party will act as a data controller in relation to the personal data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
5.6 In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5.7 Where we have a legal obligation to collect and/or disclose personal data or are required to do so under the terms and conditions of a contract between us and you, and you do not provide us with that data when requested, we may not be able to perform the contract or meet our obligations under the contract including but not limited to the delivery of products goods and services and we may as a result have to cancel any order for the delivery or performance of services products or goods to you, we will attempt to notify you of this if this is the case.
5.8 If we become involved in a merger, acquisition or asset sale your personal data may be transferred. We will provide you with notice before your personal data is transferred and /or becomes subject to a different policy.
6. International transfers of your personal data
6.1 In this Section 6, we provide information about the circumstances in which your personal data may be transferred to a third country under UK and/or EU data protection law.
6.2 We may transfer your personal data from the European Economic Area (EEA) to the UK and process that personal data in the UK for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which the UK is not treated as a third country under EU data protection law or benefits from an adequacy decision under EU data protection law; and we may transfer your personal data from the UK to the EEA and process that personal data in the EEA for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which EEA states are not treated as third countries under UK data protection law or benefit from adequacy regulations under UK data protection law.
6.3 We have offices and facilities in the United Kingdom (UK) therefore we are subject to the provisions of the UK General Data Protection Regulations (GDPR) that protect your personal data. The competent data protection authorities in the UK have made an adequacy determination with respect to the data protection laws of countries outside of the UK. Transfers we make to third countries outside of the UK will be protected by appropriate safeguards to ensure an equivalent degree of security for your personal data, namely the use of standard data protection clauses adopted or approved by the UK competent data protection authorities, a copy of which can be obtained from https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers/.
6.4 Transfers we make to third countries outside of the UK will be protected by appropriate safeguards to ensure an equivalent degree of security for your personal data, namely the use of standard data protection clauses adopted or approved by the UK competent data protection authorities, a copy of which can be obtained fromhttps://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers/.
6.5 We may transfer your contact data, profile data, service data, usage data, communication data and/or customer relationship data to our third party autoresponder software service provider ActiveCampaign LLC of Chicago Illinois United States of America (US) to whom we may transfer your personal data for processing, to provide appropriate safeguards to ensure security for your personal data we have entered into an updated Data Processing Addendum (the “DPA”) as issued by the UK Information Commissioner (the “UK Addendum”) with ActiveCampaign which incorporates the new Standard Contractual Clauses (the “SCCs”) with “supplemental measures” following the guidance provided by the Court of Justice for the European Union (the “CJEU”) as an additional data transfer mechanism to provide appropriate safeguards required under the UK GDPR for personal data when it is transferred from the UK to the United States. If you are in the EEA ActiveCampaign can be contacted for privacy-related inquiries at: EU-REP.Global GmbH, Attn: ActiveCampaign, Hopfenstr. 1d, 24114 Kiel, Germany or activecampaign@eu-rep.global, If you are in the UK ActiveCampaign can be contacted for privacy-related inquiries at: DP Data Protection Services UK Ltd., Attn: ActiveCampaign, 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom or activecampaign@eu-rep.global
6.6 The hosting facilities for our website are provided by Namecheap Inc of Phoenix Arizona and the hosting facilities are situated and located in the UK for which we pay an additional premium. As part of our security and maintenance risk mitigation arrangements with our hosting company we may from time-to-time store copies of our website and associated databases on servers that are situated and located in the US and/or are cloud-based services that may have more than one base or location and during such security and maintenance risk mitigation arrangements, where the UK competent data protection authorities have approved a privacy framework, we may transfer your personal data to the US as they have equivalent safeguards in place. The Namecheap UK GDPR appointed representative is EDPO UK Ltd contact for matters pertaining to the UK GDPR is by using EDPO UK’s online request form: https://edpo.com/uk-gdpr-data-request/ or by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom. The EU GDPR appointed representative contact for matters pertaining to EU GDPR is by using EDPO’s online request form: https://edpo.com/gdpr-data-request/ or by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.
6.7 We may transfer your transactional data for financial transactions relating to our website and/or services to our payment services providers, PayPal (Europe) S.a.r.l. et Cie, S.C.A. and PayPal Inc and/or ThriveCart (WebActix Ltd) and/or Amazon Inc and/or Stripe Inc or Stripe Payments Europe Limited (SPEL) and/or Payoneer Inc as detailed in 5.4 above. Whilst these services providers have some UK and/or EEA located facilities these may have limited capacity and capabilities and whilst wherever possible we will prioritise these UK or EEA based facilities they may at their discretion transfer transactional data for processing to the US where the UK competent data protection authorities have approved a privacy framework having equivalent safeguards in place. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments and/or refunding such payments and/or dealing with complaints and/or queries relating to such payments and/or refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/myaccount/privacy/privacyhub, https://support.thrivecart.com, https://www.payoneer.com/legal/privacy-policy/, and/or https://www.amazon.com/gp/help/customer/display.html?nodeId=468496&ref_=footer_privacy, and/or for Stripe Inc Headquartered in South San Francisco California https://stripe.com/privacy or Stripe Payments Europe, Limited (“SPEL”) of Ireland for EEA and UK based transactions https://stripe.com/gb/legal/privacy-center.
6.8 You acknowledge and accept that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use or misuse of such personal data by others.
7. Retaining and deleting personal data
7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
7.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 We will retain your personal data as follows:
(a) contact data where not incorporated within transaction data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
(b) account data will be retained in all cases for a minimum period of 12 months following the date of closure of the relevant account when it may be archived and further retained for a maximum period of 7 years following that date unless reactivated by you when it will be treated as if it were a newly opened account;
(c) profile data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
(d) customer relationship data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
(e) service data where not incorporated within transaction data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
(f) transaction data will be retained for a minimum period of 7 years following the date of closure of the relevant account, and for a maximum period of 10 years following that date;
(g) communication data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
(h) usage data will be retained in all cases for a minimum period of 12 months following the date of collection and for a maximum period of 3 years following the latest date of either the closure of the relevant account or the date on which one of our emails was opened or the date you visited our website;
7.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained, for example a personal data category falling outside that of 7.3 above, in such cases we will determine the period of retention based on the following criteria:
(a) the period of retention period for compliance with any and all relevant regulatory or statutory requirements as specified by the appropriate and relevant UK or EEA competent data protection authorities and/or;
(b) for a minimum period of 12 months following the date of collection of the personal data and/or;
(c) a maximum period of 3 years following the date of the closure of the relevant account and/or;
(d) a maximum period of 3 years following the date of using a contact form on our website and/or;
(e) a maximum period of 3 years following the date of you opening any email, responding to a text or social media messaging or posting or to any direct form of marketing or the date you visited our website.
7.5 If you grant to us a licence to publish any of your personal data, we may continue to retain and publish that personal data after the end of the relevant retention period specified in this Section 7 in accordance with the applicable licence terms, subject to your data subject rights. If we cease to publish such personal data after the end of the relevant retention period specified in this Section 7, that personal data will be retained for a minimum period of one year and a maximum period of 3 years following the date that publication ceases.
7.6 Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
8. Security of personal data
8.1 We will take reasonable and appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
8.2 We will store your personal data along with regular backup copies on our hosting company Namecheap Inc shared hosting servers (see 6.6 above) based in the UK (for which we make an additional annual subscription payment) and/or Active Campaign LLP (see 6.5 above) using their respective positive secure socket layer (“SSL”) certificates a technology that encrypts communications between visitors or users of our website and our website, on personal computers and mobile devices.
8.3 Data relating to your enquiries and financial transaction data sent from your web browser to our hosting company Namecheap shared hosting servers or from our website to your browser will be protected using the SSL encryption technology, however please note that financial transactions relating to our website and services are handled directly by our payment services providers, PayPal (Europe) S.a.r.l. et Cie, S.C.A. and PayPal Inc and/or ThriveCart (WebActix Ltd) and/or Amazon Inc and/or Stripe Inc or Stripe Payments Europe Limited (SPEL) and/or Payoneer Inc as detailed in 5.4 above, and therefore we will not see or store your credit card details as you will have a direct connection to the relevant payment service providers online payment platform and will be asked to accept their relevant privacy policy and terms and conditions. You may already use one or more of these popular payment service providers.
8.4 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet and any unencrypted data that you send to us or our website or services is sent at your own risk.
8.5 If you have an account on our website or use our website or services you should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website or services confidential and we will not ask you for your password (except when you log in to our website).
9. Your rights
9.01 In this Section 10, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights, for EEA and UK these can be found by visiting https://edpb.europa.eu/our-work-tools/general-guidance/gdpr-guidelines-recommendations-best-practices_en and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
9.02 Your principal rights under data protection law are:
(a) the right to access - you can ask for copies of your personal data;
(b) the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
(c) the right to erasure - you can ask us to erase your personal data;
(d) the right to restrict processing - you can ask us to restrict the processing of your personal data;
(e) the right to object to processing - you can object to the processing of your personal data;
(f) the right to data portability - you can ask that we transfer your personal data to another organisation or to you;
(g) the right to complain to a supervisory authority - you can complain about our processing of your personal data; and
(h) the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
9.03 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee and in all such additional cases all additional copies will be subject to a minimum charge fee of £10 (ten British Pounds Sterling) per copy in order to meet some of our basic costs in responding to such requests for additional copies.
9.04 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
9.05 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal or regulation or taxation obligation; or for the establishment, exercise or defence of legal claims.
9.06 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
9.07 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
9.08 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
9.09 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
9.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
9.11 If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In relation to complaints under EU data protection law, you may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement; in relation to complaints under UK data protection law, you should do so in the UK.
9.12 To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
9.13 You may exercise any of your rights in relation to your personal data by written notice to us or by email or using the contact form on our website.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 In general we have no control over, and are not responsible or liability in any way whatsoever for, the privacy policies and practices of third parties. It is imperative therefore that you do your own due diligence regarding the use of any third party link or website and/or service before you proceed in using such links websites or services including the privacy and cookie policy relevant to that link or website and/or service.
11. Personal data of children
11.1 Our website and services are targeted at persons over the age 18 and we do not knowingly collect personal data from anyone under the age of 18.
11.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
12. Updating information
12.1 It is important that you let us know if the personal information that we hold about you (or that you think that we hold about) you needs to be corrected or updated.
13. Acting as a data processor
13.1 In respect of personal data which falls within the scope of any data processing contract that we have entered into, we may not act as a data controller; instead in most cases, we act as a data processor.
13.2 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
14. About cookies
14.1 When you visit any website it will most likely store or retrieve a small file called a cookie. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser (and may or may not be stored on your device). The identifier is then sent back to the server each time the browser requests a page from the server.
14.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser (and may or may not be stored on your device) and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
14.3 Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
15. Cookies that we use
15.1 We use cookies for the following purposes:
(a) authentication and status - we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website;
(c) shopping cart - we and our third party payment service providers (PayPal (Europe) S.a.r.l. et Cie, S.C.A. and PayPal Inc and/or ThriveCart (WebActix Ltd) and/or Amazon Inc and/or Stripe Inc or Stripe Payments Europe Limited (SPEL) and/or Payoneer Inc as detailed in 5.4 above) use cookies to maintain the state of your shopping cart as you navigate our website;
(d) personalisation - we use cookies to store information about your preferences and to personalise our website for you;
(e) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
(f) marketing and advertising - we and our selected third party service providers use cookies to help display advertisements that will be relevant to you;
(g) analysis - we use cookies to help us to analyse the use and performance of our website and services; and
(h) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally, see 15.3 below.
15.2 In some geographic locations website users have defined rights and control over cookies used for certain purposes and in an effort to generally reduce complexity we combine the cookies in 15.1 above that have similar purposes into four distinct, commonly found and recognised, categories or groups as follows:
(a) strictly necessary cookies – (also known as ‘essential cookies’) are required for our website to function, for operations such as shopping carts and record keeping, authentication and status, and to ensure security of our website and fraud prevention. These cookies cannot be switched off in our systems, you can set your browser to block cookies, but some parts of our website might not then work;
(b) functionality cookies - enable our website to remember information to change the way the website looks or behaves, provide personalisation and your preferences and certain enhancements, website visitors language, the region and time zone that they are in, and any personalised content from our third party service providers such as Facebook, LinkedIn, Google, etc;
(c) performance cookies - are used to undertake analysis and analytical performance calculations to understand how visitors interact with our website, by collecting and reporting information anonymously, such as the source and number of visitors, bounce rates, issues, etc; and
(d) marketing and advertising cookies - are used to provide visitors to our website with customized experience based upon what content is viewed, to communicate effectively and to analyse the effectiveness of any ad campaigns.
15.3 We use Cookie Script a specialist independent third party provider of consent management platforms to assist in achieving regulatory compliance including where appropriate GDPR, UK GDPR, CCPA, LGPD, CNIL and ePR. This provides you and our website visitors and users the option to choose to select or reject all cookies that are not strictly necessary cookies (non-essential cookies) by clicking the toggle buttons provided for each category of cookies and then submit your selected preference. Alternatively you have the option to simply accept all or reject all cookies. However please note that turning off cookies may affect your browsing experience and/or limit the services we are able to offer and/or prevent some parts of our website from working properly or as intended.
15.4 You can also set your browser to block cookies however doing so at this level may prevent our website from loading and/or functioning and/or working in part or in whole. We always recommend that you allow all strictly necessary cookies and also recommend that you allow personalisation and preference cookies as these represent your personalised preferences whilst using our website.
15.5 Cookies we use on our website, the purpose for which they are used, grouped under the categories as defined and described in 15.2 above, are shown in Table C1 below:
Table C1: | ||||
Type: | Name: | Source: | Expiration: | Purpose: |
Strictly Necessary: | Strictly necessary cookies allow core website functionality such as user login, authentication and status, shopping carts and to ensure security and fraud prevention. These cookies cannot be switched off in our systems, you can set your browser to block cookies, but some parts of our website might not then work. | |||
| wf-scan-issue-expanded-* | Wordfence | session
| Provide Security and identify status of visitor. |
| _GRECAPTCHA | Google LLC google.com | 6 months
| ReCaptcha security function for anti-bot validation. |
| [abcdef0123456789] {32} | cookie- script.com | session | used to identify current visitor. |
| CookieScriptConsent | cookie- script.com | 1 month | used for cookie banner to work properly. |
| _stripe_mid | Stripe Inc. | 1 year | Provide fraud prevention |
| _stripe_sid | Stripe Inc. | 30 minutes | Provide fraud prevention |
| tve_secret | Thrive Comments | 1 year | used to prevent comment spam |
| gclid_info | cookie- script.com | 1 month | used for regulatory compliance. |
| _gcl aw | cookie- script.com | 3 months | used for regulatory compliance. |
| wfwaf-authcookie-* | Wordfence | session | security check of user |
| wp_lang | Wordpress | session? | sets website language |
| wp-settings-time-1 | Wordpress | session? | sets website timezone |
| joomla_user_state | our website | session | validates visitor status |
| wp-settings-* | our website | session | finds library content files |
| _wpdm_client | WordPress | session | updates website |
| PFREF* | YouTube | 8 months | YouTube official (third party) cookies, apply when using their video player whilst watching embedded videos, under their privacy policy. |
| VSC* | YouTube | session | |
| VISITOR_INFO1_LIVE* | YouTube | 8 months | |
| Remote_sid-* | YouTube | session | |
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Functionality: | We use these cookies to remember information needed to change the way the website looks or behaves, provide personalisation, preferences and certain enhancements, determine language, region and time zones, process any personalised content from third party service providers such as Facebook, LinkedIn, Google, etc. | |||
| tcm_cookie_user_name | Thrive Comments | session cookie | to prefill form inputs |
| tcm_cookie_user_email | Thrive Comments | session cookie | to prefill form inputs |
| tcm_cookie_user_website | Thrive Comments | session cookie | to prefill form inputs |
| account_create_fields | Thrive Architect | session cookie | saves autofill data on forms |
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Performance: | We use these cookies to understand how visitors interact with the website and our blogs, by collecting and reporting information anonymously, such as the source and number of visitors, bounce rates, issues, etc. | |||
| _gat_gtag_UA_43724428_1 | cookie- script.com | 1 minute
| Part of Google Analytics used to limit requests (throttle request rate). |
| _gid | Google LLC | 1 day | used to distinguish users. |
| _ga | Google LLC | 2 years | used to distinguish unique users. |
| tve_leads_unique | Thrive Leads | 1 month | flag if impression exists |
| tl_{group_id}_{form_i d}_{variation_id} | Thrive Leads | 1 month | stores a page visit on the form |
| tl-conv-{content_id} | Thrive Leads | 1 year | stores a conversion event for the form variation |
| tl_conversion_{group _id} | Thrive Leads | 1 year | stores a conversion event for the campaign |
| _gcl_au | Google LLC | 3 months | adsense tracker |
| __utm* | Google LLC | session cookie | collect and anonymous information on how visitors use website |
| _ga_241G0FTMR3 | .jamimltd.com | 1 year and 1 month | used by Google Analytics to persist session state |
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Marketing and advertising | We use these cookies to provide website visitors with customized experience based upon what content is viewed, to communicate effectively and to analyse the effectiveness of any ad campaigns. | |||
| prism_477225677 | Active Campaign | 1 month | used to store interactions and automate email communications |
| account_create_fields | Thrive Architect | session cookie | saves data on autofill form for lead generation |
| evergreen_{random_ id} | Thrive Architect | persistent cookie | used to countdown and restart offer timer |
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16. Cookies used by our service providers
16.1 Our service providers use cookies and those cookies may be stored on your computer or device when you visit our website.
16.2 We use Google Analytics and Thrive Themes (Whitesquare GmbH – based in Switzerland). Google Analytics and Thrive Themes gather information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy and Thrive Themes privacy policy is available at https://thrivethemes.com/privacy-policy/.
16.3 We may publish Google AdSense advertisements on our website. The advertisements may be personalised to reflect your interests. To help determine your interests Google and its partners use cookies. The cookies are used to track your previous visits to our website and your visits to other websites. You can opt out of Google's personalised advertising by visiting https://www.google.com/settings/ads and you can opt out of third party cookies use for personalised advertising by visiting http://www.aboutads.info. You can review Google's privacy policy at https://policies.google.com/privacy.
16.4 We use a Facebook pixel on our website. Using the pixel, Facebook collects information about the users and use of our website. The information is used to personalise Facebook advertisements and to analyse the use of our website. To find out more about the Facebook pixel and about Facebook's use of personal data generally, see the Facebook cookie policy at https://www.facebook.com/policies/cookies/ and the Facebook privacy policy at https://www.facebook.com/about/privacy. The Facebook cookie policy includes information about controlling Facebook's use of cookies to show you advertisements. If you are a registered Facebook user, you can adjust how advertisements are targeted by following the instructions at https://www.facebook.com/help/568137493302217.
17. Managing cookies
17.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647 (Chrome);
(b) https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);
(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
(f) https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).
17.2 Blocking all cookies will have a negative impact upon the usability of many websites and/or services preventing them from functioning as intended and/or preventing them from functioning at all including our website and services.
17.3 If you block cookies, you will not be able to use all the features on our website or services.
17.4 Where a website visitor or users geographical location or regulatory jurisdiction requires or permits a visitor or user to have certain defined rights and/or control over cookies that are not strictly necessary or essential cookies we use Cookie Script a specialist third party provider of consent management platforms to assist us in achieving regulatory compliance including where appropriate GDPR, UK GDPR, CCPA, LGPD, CNIL and ePR. This provides you and our website visitors and users the option to select or reject all cookies that are not strictly essential cookies whilst visiting or using our website, see 15.2 and 15.3 above for further details and information.
18. Amendments
18.1 We may update this policy from time to time by publishing a new version on our website.
18.2 You should check this page occasionally the relevant policy page on our website to ensure that you are happy and content with any changes or updates made to this policy. You will find the last Updated and Effective date in the top heading of this policy.
18.3 We may notify you of significant changes to this policy by email.
19. Our details
19.1 This website is owned and operated by JAM Internet Marketing Limited.
19.2 We are registered in England and Wales under registration number 09213065 and our registered and principal office is at 1 Billing Road, Northampton, NN1 5AL (England, UK).
19.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time and/or support@jamimltd.com.
20. Data protection registration
20.1 We are registered as a data controller with the UK Information Commissioner's Office.
20.2 Our data protection registration reference number is ZB520893.
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