Hylark Privacy Policy

At Executives Place Ltd (t/a Hylark) we respect your privacy and are committed to protecting your Personal Data and respecting your privacy. This policy sets out how we look after your Personal Data we collect from you, how we use it, who we share it with and how long we keep it for (the Privacy Policy). This Privacy Policy relates to your access and use of our website at hylark.com (the Website), and any other solutions, software, tool, features or functionality in relation thereto, in order to, inter alia, [manage your private and/or professional life] (the Services).

This Privacy Policy will also tell you about privacy rights and how the law protects you. Unless otherwise stated, any defined terms herein shall have the same meaning as provided in the Hylark Terms.

If you have any questions about this Privacy Policy or any other matter relating to how we use your Personal Data, please email us at [email protected] including “DATA PRIVACY REQUEST” as a subject line.

1. Who we are

Company

Executives Place Ltd, a company registered in England under number 07100165, with its registered office at Churchill House, 137-139 Brent Street, London NW4 4DJ, UK (we or us).

Controller of User Data

We are a data controller of the Personal Data you provide to us when you surf on our Website, directly engage with us and/or set up an account with us, as set out in this Privacy Notice. This means we are responsible for deciding how we hold and use your Personal Data in your interaction with Website and Services.

Processor of Customer Data

You are a data controller of the Personal Data you submit to our Services, including your [account boards, items and any documents] (Customer Data). We process such Customer Data on your behalf, in our capacity as a data processor, in accordance with our Data Processing Addendum.

Changes to this Privacy Policy and your duty to inform us of changes

We keep this Privacy Policy under regular review. This version is dated 25 August 2022. We may update this Privacy Policy from time to time. Any changes we make in the future will be posted on our website at hylark.com (the Website). Please check back regularly to see any updates or changes to this Notice.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.

Third-party links

Our Website and/or Services 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 Website and/or Services, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified (Personal Data). 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 as follows:

• Identity Data includes your first name, last name.
• Contact Data includes your [billing address, email address and telephone number].
• Financial Data includes the last four digits of your credit card.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• 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 our Website and/or Services.
• Profile Data includes your log in details, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our Website and Services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  

We also collect, use and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of our Website. 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 Policy.

We do not collect any Special Categories of Personal Data about you (this 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). Nor do we collect any information about criminal convictions and offences.

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 you, 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 you (for example, to provide you the Services). In this case, we may have to cancel the Services you have with us. If you do not want us to process your Personal Data in the way set out in this Privacy Policy, you should not use our Website or Services.

You may also choose not to provide us with any optional personal data (marked as non-mandatory where applicable). However, please note that doing so might prevent us from providing you with the full range of our Services, or the best user experience when using our Website and Services.

3. How is your Personal Data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filing in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
  • apply for or subscribe to our Services;
  • create an account on our Website;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
    
    
• Automated technologies or interactions. As you interact with our Website and Services, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies and other similar technologies. Please see our Cookie Policy for further details.
  
  
• Third parties or publicly available sources. We will receive Personal Data about you from various third parties as set out below:
  • Technical Data from the following parties:

a) Matomo Analytics, providers of analytic information; and

• Contact, Financial and Transaction Data from providers of technical payment and delivery services, such as Stripe Inc. based outside the UK.

4. 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;
• 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 obligation; or
• we may rely on legitimate interest for any information used for marketing purposes. You may remove consent and unsubscribe from these communications at any time.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

In this Privacy Policy:

• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
  
• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  
• Comply with a legal obligation means processing your Personal Data where it is necessary for compliance with a legal obligation that we are subject to.

If you reside or are using our Website or Services in a country or region in which data protection laws require our processing of some or all Personal Data only with your consent, your acceptance of our Terms and this Privacy Policy, when you signed up to use our Services, will constitute your consent to the processing of your Personal Data for all the purposes set out in this Privacy Policy. You may revoke consent at any time by contacting us at [email protected]. However, if you revoke consent, you may not be able to use our Services.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

Third-party marketing

We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

Change of purpose

We will only use your Personal Data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Data 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 Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your Personal Data

We may share your Personal Data with the parties set out below for the purposes set out in the table Purposes for which we will use your Personal Data above:

• On your request, we may share your account profile if other users you wish to share your boards with.
• You may choose to integrate your account on the Services with third party services providers where we support such integration, such as Microsoft 365, Google calendar, and Apple calendar. That third party service provide may receive relevant Personal Data about you or from your account, or share your account on such third party service provider’s platform or services with our Services (to allow for the integration to our Services).
• Services use and transfer to any other app of information received from Google APIs will adhere to “Google API Services User Data Policy“, including the Limited Use requirements.
• Service providers [acting as processors] based in the UK & Ireland who provide Services hosting and system administration services.
• Professional advisers, including lawyers, bankers, auditors, and insurers based in the UK and Israel, provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom or in your jurisdiction.
• Where required by law or a court of competent jurisdiction, or to protect ourselves and our business in the event of a claim against us.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

6. International transfers

Our legal advisors are located in Israel, a country which offers adequate level of protection for personal data of individuals located in the UK and the European Economic Area. We transfer data from the UK or EEA to Israel on this basis.

7. Data security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised 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.

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.

8. Data retention

How long will you use my Personal Data for?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 unauthorised 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, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, by law you have the right to:

• Request access to 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.
  
• 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.
  
• Request erasure of personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove personal information where you have exercised your right to object to processing (see below).
  
• Object to the processing of 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 process personal information for direct marketing purposes.
  
• Request restriction of processing of personal information. This enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it.
  
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  
• Withdraw consent at any time where we are relying on consent to process your Personal Data. 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 the rights set out above, please contact us at [email protected].

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these 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 your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could 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.