Privacy Notice

Introduction

Welcome to the Octagon Group privacy notice.

Octagon Developments Limited and its group of companies (“Octagon”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Purpose of this privacy notice

This privacy gives you information on how Octagon collects and processes your personal data through your use of this website, including any data you may provide through this website when you contact us through our form. 

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions (including in our terms of business) when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements other notices and privacy policies and is not intended to override them.

Controller

Octagon is the controller and responsible for your personal data (collectively referred to as, “we”, “us” or “our” in this privacy notice).

Contact details

If you have any questions relating to our use of your data, please contact us as follows: 

Octagon Developments Ltd., Weir House, Hurst Road, East Molesey, Surrey KT8 9AY

​Website : https://www.octagon.co.uk

Email: administrator@octagon.co.uk

​Call: 020 8481 7500

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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.

Third-party links

This website 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, we encourage you to read the privacy policy or notices of every website you visit.

1. Your personal data

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, maiden name, last name, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and 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 this website.
• Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and purchase our products and services.
• Communications Data includes 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 website feature. 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.

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 with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

1. 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 personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• 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, 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 https://www.octagon.co.uk/octagon-cookie-policy for further details.
• Third parties or publicly available sources. We will receive personal data about indirectly as set out below:

Technical Data from analytics providers such as Google based within or outside the EU;

Identity Data where an employee of ours gives your contact details as an emergency contact or a referee.

1. 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.

Generally, we do not rely on consent as a legal basis for processing your personal data. 

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.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as our customer	Identity Contact	Performance of a contract with you
To carry out services including: (a) management of payments, fees and charges; (b) to collect and recover money owed to us	Identity Contact Financial Transaction Communications	Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you such as notifying you of changes to our terms and privacy notice	Identity Contact Profile Communications	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	Technical Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

1. Marketing

We strive to provide choices regarding certain personal data uses, particularly around marketing. 

We may provide marketing communications where an individual signs up for such communications and, in each case, has not opted out of receiving that marketing.

1. Opting Out

An individual can ask us to stop sending marketing messages at any time by following the opt-out links on any marketing message sent to them or by contacting us at any time. If at any time you would like to unsubscribe from receiving future emails, you can email us at enquiries@octagon.co.uk.

1. Cookies

Browsers can be set to refuse all or some browser cookies, or to provide an alert when websites set or access cookies. If cookies are disabled or refused, some parts of our website may become inaccessible or not function properly.   A cookie is an element of data that a website can send to a browser which may then be stored on that system. It does not contain confidential information such as home addresses, telephone numbers or credit card details. Users can set preferences for how Google advertises to you using the Google Ad Settings page.

1. Change of Purpose 
   1. We will only use a data subject’s 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. 
   2. Please note that we may process the personal data of a data subject without their knowledge or consent, where this is required or permitted by law.
2. Disclosures of Personal Data
   1. We may have to share a data subject’s personal data for the purposes set out in the table above as follows:
      1. External Third Parties (as explained in the Glossary below).
      2. 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 a data subject’s personal data in the same way as set out in this privacy notice. 
   2. 7.2.We require all third parties to respect the security of the personal data we supply to them and to treat it in accordance with the law. We do not allow our third-party service providers to use personal data we supply for their own purposes and only permit them to process such personal data for specified purposes and in accordance with our instructions.
3. International Transfers

1. We do not at the time of publishing use service providers outside of the United Kingdom
2. If there is a need to transfer data to a service provider or other third party located in a country which has not been deemed by the European Commission to have adequate laws in place to protect it, we will transfer the personal data using one of the following measures:
   1. Standard Contractual Clauses approved by the European Commission, which give personal data the same protection it has within the EEA. For more information on Standard Contractual Clauses, see European Commission: Standard Contractual Clauses.
   2. If we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

1. Data Security
   1. We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to personal data to those clients, employees, agents, contractors and other third parties who have a business need to know. They will only process such personal data on our instructions and they are subject to a duty of confidentiality. 
   2. We have put in place procedures to deal with any suspected personal data breach and will notify data subjects and any applicable regulator of a breach where we are legally required to do so.
   3. We use vulnerability scanning and scan for malware regularly.
   4. 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 systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.
   5. We take the security of your data seriously and as such ensures appropriate levels of security for your data. We take into account the costs of implementation and the nature, scope, context and purposes of processing, as well as implementing risk assessment when handling your data. We utilise passwords, pseudonymisation, anonymisation and email encryption where necessary. All of our internal systems are securely password protected and users are automatically logged out after a specific time period of inactivity. Our servers are firewall protected and we utilise anti-virus, anti-phishing and anti-malware protection.  We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
2. Data Retention
   1. We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 
   2. 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 the personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
   3. We may anonymise the personal data we hold (so that it can no longer be associated with an individual) in which case we may use this information indefinitely without further notice to the data subject. 
3. Data Subjects’ Legal Rights
   1. Under certain circumstances, a data subject has rights under data protection laws in relation to their personal data including: 

• The right to request details of the information we have about you.

• The right to withdraw your consent to the use of your information where we are relying on that consent (for example, you can opt-out of receiving marketing messages from us). Please note that we may still be entitled to process your information if we have another legitimate reason (other than consent) for processing.

• In some circumstances, you have the right to receive some of your information in a usable format and/or request we transmit that data to a third party where this is technically feasible. Please note that this right only applies to information which you have provided to us.

• The right to ask that we update your information if it is inaccurate or incomplete.

• The right to ask that we erase your information in certain circumstances. Please note that there may be circumstances where you ask us to erase your information but we are legally entitled to retain it.

• The right to request that we restrict the processing of your information in certain circumstances. There may, however, be circumstances where you ask us to restrict the processing of your information, but we are legally entitled to refuse that request.

• The right to make a complaint with the Information Commissioner ico.org.uk if you think that any of your rights have been infringed by us.

1. To exercise any of the rights listed above, please ensure that requests are emailed to administrator@octagon.co.uk
2. No fee usually required

A data subject will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if we receive a request which is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with such a request in these circumstances.

1. What we may need 

We may need to request specific information from a data subject exercising their rights to help us confirm their identity and ensure their right to access their personal data (or to exercise any of their 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 the requesting data subject to ask for further information in relation to their request to speed up our response.

1. Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if a request is particularly complex or there are a number of requests. In this case, we will notify the data subject and keep them updated. 

GLOSSARY

1. Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give our clients the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on data subjects (both positive and negative) and their rights before we process their personal data for our legitimate interests. We do not use personal data for activities where our interests are overridden by the impact on a data subject (unless we have their consent or are otherwise required or permitted to by law). Further information about how we assess our legitimate interests against any potential impact on data subjects in respect of specific activities can be obtained by contacting us.

Performance of Contract means processing the personal data where it is necessary for the performance of a contract or any necessary steps prior to entry into such contract.

Comply with a legal or regulatory obligation means processing personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

1. Third Parties

External Third Parties

1. Our clients for whom we are providing services.
2. Our consultants who act as subcontractors for some of our services.
3. Service providers acting as processors based inside EEA who provide IT and system administration services.
4. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
5. HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom.

DATA SUBJECT LEGAL RIGHTS

1. Data subjects have the right to:
   1. Request access to their personal data (commonly known as a “data subject access request”). This enables them to receive a copy of the personal data we hold about them and to check that we are lawfully processing it.
   2. Request correction of the personal data that we hold about them. This enables a data subject to have any incomplete or inaccurate data we hold about them corrected, though we may need to verify the accuracy of the new data the data subject provides to us.
   3. Request erasure of their personal data. This enables a data subject to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Data subjects also have the right to ask us to delete or remove their personal data where they have successfully exercised their right to object to processing (see below), where we may have processed their information unlawfully or where we are required to erase their personal data to comply with law. Note, however, that we may not always be able to comply with a request of erasure for specific legal reasons which will be notified to a data subject where relevant, if applicable, at the time of their request. 
   4. Object to processing of their personal data where we are relying on a legitimate interest (or those of a third party) and there is something about a data subject’s particular situation which makes them want to object to processing on this ground as it impacts on their fundamental rights and freedoms. They also have the right to object where we are processing their personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process information which override such rights and freedoms.
   5. Request restriction of processing of their personal data. This enables them to ask us to suspend the processing of their personal data in the following scenarios: (a) if they want us to establish the data’s accuracy; (b) where our use of the data is unlawful but they do not want us to erase it; (c) where they need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims; or (d) they have objected to our use of their data but we need to verify whether we have overriding legitimate grounds to use it. 
   6. Request the transfer of their personal data to them or to a third party. We will provide to them, or a third party they have chosen, their personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which a data subject initially provided consent for us to use or where we used the information to perform a contract with them. 
   7. Withdraw consent at any time where we are relying on consent to process personal data. However, this will not affect the lawfulness of any processing carried out before consent is withdrawn.