DATA PROTECTION PRIVACY NOTICE
Your personal data will be processed in connection with website and server hosting and associated services and related business activities. Please view our privacy notice for further information. If you provide services to our Business you agree to comply with the data processing terms ("TERMS") which can be accessed here: https://darknebulae.net/pdf/data-processing-terms.pdf. Your attention is particularly drawn to clause 8 of the Terms. To the extent of any conflict, the Terms shall prevail over any services agreement or other agreement between you and our Business in relation to the services.
Dark Nebulae takes your privacy very seriously and in summary; this site does not use any cookies and we do not store any of your information online. By placing an order with us, we will store your contact details including your full name and phone number for a period of 3 years. This information will not be shared or released to any 3rd parties unless there is legal requirement.
- The business of Dark Nebulae Limited (Company Registration Number: 06599553) both of 876 Christchurch Road, Bournemouth, Dorset BH7 6DJ ("Business", "we", "us", "our").
- If you have any questions about this privacy notice ("Notice"), please contact us by email on firstname.lastname@example.org.
- The Business will process your and third parties' personal data, as further explained below, in the course of providing you with associated services ("Services").
- We will let you know by posting on our website if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
- PLEASE NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an "Indemnified Party") from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 9.
- "Personal data" means any information relating to an identified or identifiable natural person, known as 'data subject', who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include "special categories of personal data" such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
- The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online Services, the Business may collect information about your devices including clickstream data.
- The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty to successfully completing the Services.
In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
- where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
- to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
- either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out at paragraph 18, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
The Business will only process personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services, including, where applicable, procuring acts from foreign organisations;
- enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
- ensuring the security of the Business and preventing or detecting fraud;
- administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
- complying with applicable law, guidelines and regulations or in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
- processing necessary to fulfil a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs 10.1, 10.2, 10.3 and 10.4;
- your consent, such as processing for the purposes set out in paragraph 10.5;
- processing necessary for our or a third party's legitimate interests, such as processing for the purposes set out in paragraphs 10.1, 10.2, 10.3, 10.4, 10.5 and 10.6, which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business and its clients and the proper administration of the Business; and
- processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph 10.6, and
- any other applicable legal grounds for processing from time to time.
A cookie is a small piece of information which is sent to your browser and stored on your computer's hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. Cookies can be first party or third party cookies:
- First party cookies - cookies that the website you are visiting places on your device.
- Third party cookies - cookies placed on your device through the website but by third parties, such as, Google.
- DEVICE INFORMATION: No device specific information is tracked or stored in any way.
- WEBSITE LOG INFORMATION: Our website automatically tracks all visits via web logs. These logs store the date, time, and IP address of your visit. This infomation is used for internal statistics only and is not shared with any 3rd party in any way.
- LOCATION INFORMATION: We do not track or store GPS location information in any way.
- LOCAL STORAGE: We do not store any information on your local device in any way.
- Your personal information is taken down at time of order for the purposes of the transaction only. This information includes your full name and address and your phone number, it is stored by us on a privately owned secure server for internal auditing and not shared in any way with any 3rd parties in any way.
All calls to and from our offices are recorded regardless of who places the call or the duration. Information stored with the call includes the numbers dialled/received (unless withheld) and the date and time of the call. Calls are stored on our own private server for up to 6 years and can be forwarded to you and/or removed on request. This information will not be shared or released to any 3rd parties for any reason. We record all calls because:
- Recording is necessary for the fulfilment of a contract - as some contracts happen over the telephone, such records are kept on file.
- Recording is necessary for fulfilling a legal requirement - where for example we verify the authenticity of your documents with the Body which issued them and we need to show proof this has been done appropritately.
- Recording is necessary to protect the interests of one or more participants - where agreements from 3rd parties which affect your documents apply. Such recordings are kept on file indefinetelly.
- Recording is in the legitimate interests of the recorder, unless those interests are overridden by the interests of the participants in the call.
- We assume that you are happy for us to record your calls. However, if you wish to withdraw your consent at any time, you have the ability to accept or decline. If you choose to decline call recording, at the prompter, please hung up and use an alternative method of contact. You may not be able to fully experience the interactive features of our services.
- When you call our office a message will play asking for your consent for calls to be recorded. In order to provide your consent, please continue with the call. Once your consent has been provided, you can then continue with the call.
There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:
- our subsidiaries or associated offices;
- our suppliers and service providers to facilitate the provision of the Services, including couriers, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
- public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Office;
- foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
- professional organisations exercising certain public functions such as Chambers of Commerce;
- successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
- public authorities where we are required by law to do so; and
- any other third party where you have provided your consent.
- We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
- If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
- Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. Please contact us for further details of applicable retention periods. Personal data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form.
- The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
- However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.
Data subjects have numerous rights in relation to their personal data such as:
- Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and payment, where applicable.
- Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
- Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
- Right to object to processing, including automated processing and profiling. The Business does not make automated decisions. We will comply with any data subject's objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request.
- Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.
- Restriction. Data subjects may request that we restrict our processing of their personal data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
- Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data.
For further information about your data protection rights please visit the ICO website.