We – meaning Hedgd Limited, doing business as Harkster (“we”, “our”, “us” or “Harkster”) – take the privacy of your information very seriously. Our Privacy Notice is designed to tell you, the user of our software and services (the “Services”) about our practices regarding the collection, use and disclosure of your data which may be provided via our websites, our software, and their associated portals and apps (the “Service”) or collected through other means such as in person by us, by an online form, email, or telephone communication.
This notice is governed by applicable data protection legislation including the Data Protection Act 2018, the EU General Data Protection Regulation (the “GDPR”) and any equivalent or successor legislation.
Information that we collect
We may collect and process the following personal data about you:
We will collect information either from you directly or from a third party (for instance your employer or an introducer). If we do obtain your personal data from a third party your privacy rights under this notice are not affected and you are still able to exercise the rights contained within this notice.
You do not have to supply any personal information to us but our Service may not be available in practice without providing data to us. You may withdraw our authority to process your personal data (or request that we restrict our processing) at any time (but our Service may not be available or may need to be withdrawn should you do so).
Legal basis on which we process personal data
The personal data we hold about you, as detailed above, will be processed because:
We will process Account Information, Payment Information, Contact Information, Communication Information and Authentication Information in order to comply with our obligations to provide our services and in pursuit of our legitimate interests in providing our services to users. User Generated Information will be processed in pursuit of our legitimate interests in providing our services to users.
In this policy, "content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Service for storage or publication on, processing by, or transmission via Harkster.
All content posted to the Service remains under the control of the customer at all times. Our collection, use and disclosure practices of content is separate to other information we collect about you, as outlined in this policy.
Service Interaction Information & Cookies
We use these tools for the following purposes:
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To change your browser settings you should go to your advanced preferences. Once you close your browser, our access to the cookie terminates.
If you would prefer not to accept cookies or to disable the tracking technologies we use, you can adjust the settings on your browser to achieve this (see your browser Help for how to do this). Be aware that disabling cookies and tracking technology will usually result in disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.
How we use this information
Customer Information + Service Interaction Information & Cookies
Your customer information and the information collected through your use of the service via cookies or tracking technology may be used for the following purposes:
To provide our products and services to you, including:
To analyse and improve our services, including:
We use some third-party services to facilitate our marketing activities and to perform analytics on how our Services are used. We share information via these third parties only to the extent required for them to provide these services to us.
We may use your personal information for other activities that are either clearly disclosed to you at the time of providing the information or with your consent.
When required by law to share your data we must comply providing the law authority has the necessary warrant, subpoena or court order.
Our default practice is not to access your content when it has been published to a ‘Private’ or ‘Internal’ channel or a ‘Public’ channel where followers must be authorised to access. The only times we will ever access or share your “content” are:
When content is submitted to a ‘Public’ channel on Harkster (where authorisation to follow is not required) this information is immediately viewable to any user of Harkster including Harkster employees.
Sharing your information
We do not disclose any information you provide to any third parties other than as follows:
Other than as set out above, we shall not disclose any of your personal data unless you give us permission to do so. If we do supply your personal data to a third party, we will take reasonable steps to ensure that your privacy rights are protected and that such third party complies with the terms of this notice.
Information we hold as processor
There is certain information we collect for which we may not be the data controller if you are using our services under a subscription taken out by another person (e.g. your employer). We may hold this information as a ‘processor’ if we have entered into a data processing addendum. Our account holder (generally your employer or the firm or organisation for whom you work) is the controller for this data. Accordingly the manner in which this data is held and processed will be governed by data processing addendum.
Harkster Business Data
We will hold information relating to your account including Payment Information, Account Information and Communication Information (not including Customer Content or User Generated Information) for a period of 7 years from the date on which we collect the data, or if later, from the date on which your Account is closed.
Customer Content and User Generated Information
We retain the information and content you submit to Harkster for as long as your account remains active in accordance with our Terms of Service and providing you have sufficient storage within your account based on your plan level.
When an account storage limit is reached, the oldest posts owned by that account will begin to be overwritten by new posts to allow continued use of the platform without exceeding the storage limit. Additional storage can be purchased if longer retention periods are required by the user.
If you delete information, cancel your account or have your account terminated, all content will be permanently deleted from active systems and logs within 30 days.
The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).
How we secure your data
We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and protect against unlawful access and accidental loss or damage. These measures may include (as necessary):
We will ensure that our employees are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees of third parties working on our behalf are aware of their privacy and data security obligations.
This notice and our procedures for handling personal data will be reviewed as necessary.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use the strict procedures and security features referred to in this clause to try to prevent unauthorised access.
For further information, see our ‘Security Overview’.
Your rights in respect of your data
The GDPR gives you the following rights in respect of personal data we hold about you:
|The right to be informed||You have a right to know about our personal data protection and data processing activities, details of which are contained in this notice.|
|The right of access||You can make what is known as a Subject Access Request (“SAR”) to request information about the personal data we hold about you (free of charge, save for reasonable expenses for repeat requests). If you wish to make a SAR please contact us as described below.|
|The right to correction||Please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information.|
|The right to erasure (the ‘right to be forgotten’)||Please notify us if you no longer wish us to hold personal data about you (although in practice it is not possible to provide our Service without holding your personal data and we may need to keep your data in some circumstances). Unless we have reasonable grounds to refuse the erasure, on receipt of such a request we will securely delete the personal data in question within one month. The data may continue to exist in certain backup, but we will take steps to ensure that it will not be accessible. We will communicate the erasure to any third parties to whom we have passed the same information.|
|The right to restrict processing||You can request that we no longer process your personal data in certain ways, whilst not requiring us to delete the same data. However again, some of our Services will not be available if processing is restricted.|
|The right to data portability||You have right to receive copies of personal data we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your personal data directly to third party (where technically possible).|
|The right to object||Unless we have overriding legitimate grounds for such processing, you may object to us using your personal data for direct marketing purposes (including profiling) or for research or statistical purposes. Please notify your objection to us and we will gladly cease such processing.|
|Rights with respect to automated decision-making and profiling||You have a right not to be subject to automated decision-making (including profiling) when those decisions have a legal (or similarly significant effect) on you. You are not entitled to this right when the automated processing is necessary for us to perform our obligations under a contract with you, it is permitted by law, or if you have given your explicit consent.|
|Right to withdraw consent||If we are relying on your consent as the basis on which we are processing your personal data, you have the right to withdraw your consent at any time. Even if you have not expressly given your consent to our processing, you also have the right to object (see above).|
All SARs and other requests or notifications in respect of your above rights must be sent to us in writing via the ‘Contact’ page on our website.
We will endeavour to comply with such requests as soon as possible but in any event, we will comply within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).
If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to the Information Commissioner’s Office (ICO) and/or our data protection manager.
If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.
Our Service may contain links and references to other websites. Please be aware that this notice does not apply to those websites.
We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via the Site, our Portal, or any other service that is operated by us. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
In addition, if you came to this Service via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
Transferring your information outside Europe
As part of the Service offered to you the information you provide to us may be transferred to, processed and stored at, countries or international organisations outside of the EEA.
If we transfer your information outside of the EEA, and the third country or international organisation in question has not been deemed by the EU Commission to have adequate data protection laws, we will provide appropriate safeguards and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice. In particular we will ensure that there is a contract in place with our partners to ensure that your data is processed in accordance with this notice.
If you use our Services while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those Services.
By submitting your personal information to us you agree to the transfer, storing or processing of your information outside the EEA in the manner described above.
Notification of changes to the contents of this notice
We will post details of any changes to our policy on our website to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.
Data processing addendum
Harkster offers Data Processing Addendums (DPAs) to enterprise users who are taking out a subscription on behalf of a group of users upon request. The DPA includes standard contractual clauses that are the mechanism for GDPR-compliant data transfer. To request a DPA, please contact us via the ‘Contact’ page on our website providing the email address associated with your Harkster account.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal information or how it is handled, you can do so via the ‘Contact’ page on our website.
If we are unable to resolve any issues you may have, or you would like to make a further complaint, you can contact the Information Commissioner’s Office by visiting https://ico.org.uk/ for further assistance.