Email Heatmaps Privacy and Cookies Policy

BACKGROUND:

Email Heatmaps trading under Email Marketing Tools Limited understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, https://www.emailheatmaps.com ("Our Site") and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy and Cookies Policy carefully and ensure that you understand it. If you have a query about anything in this Policy please contact Email Heatmaps to discuss. By using Email Heatmaps or signing up for an account, you're agreeing to our Privacy and Cookies Policy.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

2. Information About Us

Our Site is owned and operated by Email Heatmaps trading under EMAIL MARKETING TOOLS LIMITED a company registered in England under company number 13556506.

Registered address: 153 Mortimer Street, Herne Bay, Kent, England, CT6 5HA.

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and weadvise you to check the privacy policies of any such websites before providing any data to them.

4. What Is Personal Data?

Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, "the Data Protection Legislation") as 'any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier'.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

1. The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 14.
2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
3. The right to have your personal data rectified if any of your personal data held by usis inaccurate or incomplete. Please contact us using the details in Part 14 to find out more.
4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 14 to find out more.
5. The right to restrict (i.e. prevent) the processing of your personal data.
6. The right to object to ususing your personal data for a particular purpose or purposes.
7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
9. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 14.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long wehave that data.

Further information about your rights can also be obtained from the Information Commissioner's Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner's Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 14.

6. What Data Do You Collect and How?

Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. We do not use, store, or distribute third party personal information made accessible to us in the provision of our products/services on Our Site. Please also see Part 13 for more information about our use of Cookies and similar technologies.

7. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we will use your personal data, and our lawful bases for doing so:

We will only use your personal data for the purpose(s) for which it was originally collected and will not share your data with any third parties, other than those stated within this policy, or as given at the time of collection of the data, unless required to do so by law.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

Please read section 13 titled "Rights for citizens of the USA, Canada, or Australia" for Data Privacy information for accessing this site from outside of the UK/EEA.

8. How Long Will You Keep My Personal Data?

Our data retention policies and procedures are designed to help ensure that they comply with legal obligations in relation to the retention and deletion of personal data.

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.

We will retain your personal data as follows:

• Contact data will be retained for a minimum period of 6 months following the date of the most recent contact between you and us, and for a maximum period of 1 year following that date.
• Account data will be retained for a minimum period of 21 days following the date of closure of the relevant account, and for a maximum period of 60 days following that date.
• Customer relationship data will be retained for a minimum period of 6 months following the date of termination of the relevant customer relationship and for a maximum period of 18 months following that date.
• Transaction data will be retained for a minimum period of 21 days following the date of the transaction, and for a maximum period of 60 days following that date.
• Communication data will be retained for a minimum period of 6 months following the date of the communication in question, and for a maximum period of 1 year following that date.
• All other relevant data will be retained for 1 year following the date of collection.

In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention, based on the period of retention of Communication data. Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.

9. How and Where Do You Store or Transfer My Personal Data?

Whilst Email Heatmaps will only store your personal data within the UK, meaning that it is protected under the Data Protection Legislation, we use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/gb/privacy.

The use of Google Analytics on our site (see section 13 for more information) results in your internet protocol (IP) address being stored on Google Analytic's servers in the USA. Neither we nor Google associate your IP address with any information that can identify you personally; they simple allow Google to determine whether you are a return visitor to our site, and to track the pages that you visit. Please see Google's privacy policy for more information on GA.

The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:

• limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner's Office where we legally required to do so.

10. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:

• If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
• In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.]

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party's obligations under the law, as described above in Part 9.

11. Can I Withhold Information?

You may access certain areas and functions ofour Site without providing any personal data at all.

You may restrict our use of Cookies. For more information, see Part 13.

12. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a "subject access request".

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 14.

There is not normally any charge for a subject access request. If your request is 'manifestly unfounded or excessive' (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 30 days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

13. Rights for citizens of the USA, Canada, or Australia

If you are accessing this site from the USA, Canada, or Australia you are able to access the same information and exercise the same rights as listed under this policy.

Canada The Canadian Federal Law Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) (the “PIPEDA”) contains similar provisions to those in the GDPR and the Data Protection Act 2018. You have the right to access any personal data held belonging to you and may do so by contacting Email Heatmaps on the email or postal address in Part 16.

USA The USA has many differing laws under state and federal law when it comes to protecting your data. To ensure that we are protecting your privacy to the highest possible degree, Email Heatmaps will apply the Data Protection Act 2018 (UK) and the General Data Protection Regulation (GDPR) to all users of our services. All rights and access to your data are set out in this Policy, if you would like more information regarding your data and rights, please contact us using the details set out in Part 16.

Australia Although Email Heatmaps does not come under the scope of Australian data privacy laws, it is important to us to protect all of our user’s rights and ensure that our practices are aligned with that of laws outside of the country in which we are based. Email Heatmaps have determined that the Privacy Act of Australia is akin to that of the Data Protection Act 2018 (UK) and the General Data Protection Regulation (GDPR) and that any rights you would have under Australian law will be applied when we are handling your data. All rights and access to your data are set out in this Policy, if you would like more information regarding your data and rights, please contact us using the details set out in Part 16.

14. How Do You Use Cookies?

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

All Cookies used by and on our Site are used in accordance with current Cookie Law.

Certain features of our Site depend on Cookies to function. Cookie Law deems these Cookies to be "strictly necessary". These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser's settings as detailed below, but please be aware that our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

The following first-party Cookies may be placed on your computer or device:

Our Site uses analytics services. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our Site is used. This, in turn, enables us to improve our Site and the products/services offered through it.

The analytics service(s) used by our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of our Site, it does enable us to continually improve our Site, making it a better and more useful experience for you.

Google Analytics (GA) monitors traffic levels, search queries and the number of visitors to our site. Your internet protocol (IP) address is stored on GA's servers in the USA. Neither we nor Google associate your IP address with any information that can identify you personally; they simple allow Google to determine whether you are a return visitor to our site, and to track the pages that you visit. Please see Google's privacy policy for more information on GA. Google have developed the GA opt-out browser add-on for the GA JavaScript (ga.js, analytics.js, dc.js). Simply download and install the add-on for your web browser here if you want to opt out of GA.

The analytics service(s) used by our Site use(s) the following Cookies:

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You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

15. Integration Data

When connecting and authorising your email platform account (e.g Mailchimp/ Active Campaign/ Getresponse) to emailheatmaps, our API is restricted only to non-personally identifiable data and will never connect to your accounts and subscribers personal data. For us to display the heatmap information, you allow us access to your account via a restricted API. You consent for us to produce these heatmap reports from your email campaign information and only ever using non-personally identifiable data.

16. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Shaun Reynolds.

Email address: [email protected]

Postal Address: 153 Mortimer Street, Herne Bay, Kent, England, CT6 5HA.

17. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we conduct business in a way that affects personal data protection.

Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 26/01/2021.