Xcapism Learning Limited (“we/us”) created our software (“Software”) operated through our Website to enable our clients to undertake training programmes and we therefore respect your privacy through the provision of our Software and our Website generally. Our services are therefore provided on an ‘as is available’ basis.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
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.
Who are we?
Our site address is [ADD WEBSITE]
Our company name is Xcapism Learning Limited
Our registered address is Bramlands Close, London, England, SW11 2NP
Our company number is 12814018
Our nominated DPO or data privacy manager is [Insert Representative] and they can be contacted at [Insert Email Address].
What information do we collect?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, username or similar identifier, title.
Contact Data includes contact address, billing address, email address and telephone numbers.
Financial Data that may include bank account and payment card details if you purchase anything from us. However, we may use secure third party payment providers.
Transaction Data that may include details about payments to and from you if relevant, as well as other details of other products and services.
Technical Log Data includes internet protocol (IP) address, your login data.
Profile Data includes your username and password, purchases or orders made by you (if applicable), preferences, feedback and survey responses.
Usage Data includes information about how you use our Website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Interaction Data includes any information that you might provide to any discussion forums on the Website or the Software.
Cookies Data like many websites, we may use some "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.
Third Parties and Information we receive from other sources We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally. We are also working closely with third parties (including, for example, analytics providers such as our website host, WIX) and may receive information about you from them.
We also collect, use and share Aggregated Data such as statistical 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.
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.
How is your personal data used?
We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms through the Website, or by corresponding with us (for example, by email or chat). It includes information you provide when you register or subscribe to any of our Services, enter a competition, promotion or survey, use the Website when you create an account with us or request marketing to be sent to you, and finally when you report a problem with our Services, or our Website. If you contact us, we will keep a record of that correspondence.
Marketing Data. If you have opted-in to receive any e-mail newsletters or marketing services, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, let us know.
Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties [and public sources] as set out below
Device Data from the following parties: analytics providers such as Google and Amazon Web Services based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU;
IT and Software;
Professional advisors - we may also share your personal information with our professional advisors (including lawyers and accountants) to take advice etc;
Data upon entering in to a contract with us
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.
If you are already our client, we will only contact you electronically about things similar to those previously sold to you or downloaded by you.
If you are a new client, you will only be contacted if you agree to it.
We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
We may contract with third-party service providers to assist us in better understanding our Website visitors. These service providers are not permitted to use the information collected on our behalf except to help Us conduct and improve our business as authorised by us.
All Cookies used by and on our Website and Software are used in accordance with current English Cookie Law.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer.
All cookies used on our Website and Software are set by us.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the Website.
Our cookies will be used for:
Essential session management
creating a specific log-in session for a user of the site in order that the Website and Software remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
recognising when a user of the Website and Software has visited before allowing us to identify the number of unique users we receive to the Website and make sure we have enough capacity for the number of users that we get;
recognising if a visitor to the Website and Software is registered with us in any way;
We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our Website.
customising elements of the promotional layout and/or content of the pages of the Website and Software.
Performance and measurement
collecting statistical information about how our users use the Website and Software so that we can improve their functionalities and learn which parts are most popular to users.
If you wish to change your cookie settings, you may do so but each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your Website experience more efficient and some of our services will not function properly. However you can still contact us directly.
Purpose for which we will use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
Where you have consented before the processing.
Where we need to perform a contract we are about to enter or have entered 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 or regulatory obligation.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us at firstname.lastname@example.org.
We have set out below, in a table format, a description of 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. Please note this list is not exhaustive of the forms of data that we may collect.
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.
How do we store your data and security?
We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of six years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
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.
We do not transfer your personal data outside of the EEA save for where we use analytic providers to assist and where we do this, we ensure that a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented.
Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website and the Software.
We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
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.
Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
If we give you a password upon registration on our Website or the Software, you must keep it confidential. Please don't share it.
How do we protect personal information?
We implement a variety of security measures to protect and maintain the safety of your personal information including encrypted software. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such Softwares, and are required to keep the information confidential.
Disclosure of information to other parties?
As already indicated above, to enable us to provide our Services to you, we will contract with third parties to supply services to you on our behalf. Other third parties providers may include payment processing, our business partners, software providers, delivery of solutions or additional services, search engine facilities, advertising and marketing.
In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We are also allowed to disclose your information in the following cases:
If we want to sell our business, or our company, we can disclose it to the potential buyer
We can disclose it to other businesses in our group
We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights;
in connection with legal proceedings (including prospective proceedings);
in order to establish or defend our legal rights; and
we can exchange information with others to protect against fraud or credit risks.
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
Links to Other Sites
We do not knowingly collect personally identifiable information from anyone under the age of 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
When you submit information to us, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).
Under the GDPR, you have the right to:
request access to, deletion of or correction of, your personal data held by us at no cost to you;
request that your personal data be transferred to another person (data portability);
be informed of what data processing is taking place;
to object to processing of your personal data; and
complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
Communication, engagement and actions taken through external social media platforms that this Website, the Software and us participate on are custom to the terms and conditions applicable by the social media supplier as well as the privacy policies held with each social media platform respectively.
You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to your own privacy and personal details. This Website nor its owners will never ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by email.
The Website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. You are advised before using such social sharing buttons, that you do so at your own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
We may share web links through our social media platform accounts to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).
You are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this Website. Despite the best efforts to ensure only genuine urls are published, many social media platforms are prone to spam and hacking and therefore we cannot be held liable for any damages or implications caused by visiting any shortened links.
If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.