Channel IT Software Solution application

Channel Mechanics

Privacy notice - May 2023

  1. WHAT IS A PRIVACY STATEMENT
    • The Channel IT Software Solution application is operated by Channel Mechanics Technologies Limited (“Channel Mechanics” “we” or “us”) of Block 4, Ballybrit Business Park, Ballybrit, Galway, H91 A4XW. Channel Mechanics respects your right to privacy and this Privacy statement sets out the basis on which we use, process, store or disclose any personal data detailed below (“Personal Data“) we collect from you or that you provide to us, as a data controller, through the use of the Channel IT Software Solution (CITSS). This privacy statement is in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018 and to inform you of your data protection rights regarding your personal data.

 

Channel Mechanics has not appointed a DPO and any questions you may have relating to your personal data may be addressed to privacy@channelmechanics.com.

1.2 This privacy statement, together with our Cookies Policy applies to the processing of your personal data where we act as data controller.

1.3. This privacy statement does not cover instances where we process your Personal Data as a data processor, on behalf of a data controller. Please refer to the end user licence agreement and privacy notice of the data controller, under whose contract with us, you are entitled to use the CITSS. 

 

  1. OVERVIEW OF THIS PRIVACY STATEMENT

2.1 We collect Personal Data from you when you use the CITSS and process this Personal Data for the purposes of providing you with access to the CITSS.  We store your Personal Data on servers located in the EEA. We share your Personal Data in limited circumstances to provide you with the CITSS application as set out below. We will also share your Personal Data with law enforcement agencies, public bodies or other parties where necessary, including by Court order or if we are required by law to do so. We may also share your Personal Data (limited to the extent that is necessary) in the event of a merger or acquisition of Channel Mechanics. 

  1. YOUR PERSONAL DATA

3.1 We will collect and process the following Personal Data from you:

3.1.1Device Information:

When using CITSS application or availing of our support services in its use, personal data will be collected from you including:

  • your device browser;
  • your IP address, log history and other information derived from cookies used on the CITSS application. Please see our Cookies Policyfor further information.
  • Details of your visits to the CITSS application such as traffic data, location data.

3.1.2CITSS Application Information

When using the CITSS application or availing of our support services related to the CITSS application, you will provide us with information including your first name, last name, email address, location, telephone number, a password of your choosing, security questions (and answers) and the name of the company who has provided you with access to the CITSS. We will also record details of your activities when logged into the CITSS application, in accordance with our terms and conditions of service with the company who has provided you with access to CITSS.

3.2 We may collect and process the following Personal Data:

3.2.1Query Information

You may provide us with information in addition to CITSS Application Information such as your first name, last name, e-mail address, telephone number and other details when contacting us or submitting enquiries through the CITSS or by e-mailing: privacy@channelmechanics.com

If you provide us with this information, we will keep a record of this correspondence for as long as is necessary to deal with this query and as may be required in accordance with our contractual obligations with the company, technical records and legal obligations (for further information please see our section on How Long We Keep Your Data For).

We use Cayzu as a support ticketing system. Your name and email address shall be processed by Cayzu in order to provide you with support for CITSS.

3.3 We may obtain the following Personal Data about you from other third parties:

Third Party Information

We may receive information about you from social media platforms, such as LinkedIn, when you interact with us via such platforms. This includes information such as first name, last name, e-mail address, job title, location, telephone number. We may receive information about you from other third parties where we offer co-branded services or engage in joint-marketing activities..

 

  1. HOW & WHY WE USE YOUR PERSONAL DATA

4.1 The following table details the legal basis for (the “Legal Basis“) and the reasons why (“Purposes“) we process your Personal Data:

LEGAL BASES & PURPOSES

Purpose(s)

Personal Data Processed

Legal Basis

Processing Purpose

Categories of Personal data use

Legal basis

Access to, and use of, the CITSS Application

 

·Device Information

·CITSS Application Information

Performance of contract with vendor or partner

Improving and monitoring the efficiency, and enhancing your use, of the CITSS application via Microsoft App Insights.

·Device Information

·Channel IT Software Solution Application Information

·Query information

·Legitimate Interests

We have a legitimate business interest in improving our services based on usage to further develop and tailor our product to identified needs through monitoring.

·Contract

To ensure the performance of CITSS in line with our obligations under the contract with the customer or distributor

To provide, improve, test and monitor the effectiveness of CITS  application via Microsoft App Insights.

·Device Information

·Channel IT Software Solution Application Information

·Legitimate Interests

We have a legitimate business interest in improving our services based on usage to further develop and tailor our product to identified needs through monitoring and testing.

·Contract

To ensure the performance of our solution in line with our obligations under the contact with the customer or distributor

Respond to queries raised by users via our ticketing system.

·Device Information

·Channel IT Software Solution Application Information

·Query information

·Legitimate Interests

We have a legitimate business interest in ensuring CITSS is working effectively and efficiently and to resolve any usage issues.

·Contract

To ensure the performance of CITTS in line with our obligations under the contact with the customer or distributor

Respond to legal queries via a regulatory authority or court or statutory body

·Device Information

·Channel IT Software Solution Application Information

·Query information

Legal obligation

We will comply with our legal obligation and also process personal data when required to establish and or defend a legal or contractual claim.

Rely on the use and users activities in the event of a dispute between the customer and us.

·Device Information

·Channel IT Software Solution Application Information

·Query information

To establish and or defend a legal claim.

Contract – to prove compliance or noncompliance with our obligations, or the customers obligations, under the contract

· To file legal proceedings;
· to investigate, establish, exercise or defend a legal claim; and
· to settle legal claims.

 

·Device Information

·Channel IT Software Solution Application Information

·Query information

Legal obligation and contract.

To establish and or defend a legal claim.

 

In the event of a potential merger or acquisition of Channel Mechanics (limited to the extent that is necessary)

·Device Information

·Channel IT Software Solution Application Information

·Query information

(all redacted insofar as possible to limit identifiable personal data)

Legitimate interests to pursue a merger or sale of the business

 

  1. WHO WE SHARE YOUR PERSONAL DATA WITH

5.1 We may disclose personal data (only to the extent necessary) in the event of a group reorganisation with other members of our group which means our subsidiaries, our ultimate holding company and its subsidiaries, if applicable (the “Channel Mechanics Group“).

5.2 We will only disclose your personal information to third parties outside the Channel Mechanics Group in the following circumstances:

  • Third Party Service Providers
  • To send you communications via delivery service providers.
  • For IT service and support purposes we currently engage with Microsoft and Storm Technologies.
  • For the purpose of data storage, we use Microsoft Azure whose servers are based in the EEA.

 

  • Prospective Sellers or Buyers of Business Assets
  • To facilitate the acquisition of Channel Mechanics by a third party.
  • To facilitate the acquisition of a significant portion or substantially all of Channel Mechanics’ assets by a third party
  • Regulatory Authorities, Law Enforcement Agencies, Public Bodies and Other Third Party Companies
  • To comply with any applicable legal obligations, court orders, summons, search warrants, or any other legal or regulatory obligation, or request to which Channel Mechanics is or may become subject; and
  • To protect the rights, property or safety of Channel Mechanics, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • To seek and receive advice on legal matters, complaints, legal administration, investigations, financial audits or other risk or financial compliance matter.

Where your personal data is shared with a third party, we take appropriate steps to ensure compliance with your data protection rights as set out in the GDPR. Where we use sub processors, we enter into contracts with those sub processors in compliance with Article 28.

  1. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA

Your personal data is stored in the EEA. In the event your personal data is transferred outside the European Economic Area (“EEA“), we take appropriate steps to protection your personal data in accordance with Chapter V of the GDPR. These steps include transferring data where the EU Commission has decided that the third country in question ensures an adequate level of protection in line with EU data protection standards or there are appropriate safeguards in place to protect your Personal Data, such as the European Standard Contractual Clauses. If you would like to find out more about the appropriate safeguards that we have in place to govern the transfer of your personal data you can contact us at privacy@channelmechanics.com.

  1. LINKS

7.1 the CITSS contains links to other websites (“Linked Websites“). Channel Mechanics is not responsible for the privacy statements or practices on the Linked Websites. This privacy statement governs only information collected on the CITSS. When accessing Linked Websites, you should read the privacy statement published on the relevant Linked Website. The terms of our privacy statement do not apply to Linked Websites. Please check these statements before you submit any Personal Data to Linked Websites.

7.2 The CITSS contains links to other sites and resources provided by third parties for your convenience and information only. We accept no liability in connection with any Linked Website, or any contract entered into or through a Linked Website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of Linked Websites.

 

  1. HOW LONG WE KEEP YOUR PERSONAL DATA FOR

8.1 In general, we expect to keep your personal data from the date of collection for as long as is necessary for the performance of the contract to provide the CITSS application to the company, under which contract you are authorised to use CITSS.  After the termination of the contract, we will retain your data for one month or until such a time as you, or the data controller, has exercised its right to deletion or return of the data. 

8.2 Please note that in certain circumstances, we may hold your personal data for a longer period for as long as is reasonably deemed necessary, for example, if we are processing an ongoing claim or believe in good faith that the law or a relevant regulator may reasonably in our view expect or require us to preserve your data.

  1. PROFILING AND AUTOMATED DECISION MAKING

We do not carry out profiling or make decisions based on automated processes.

  1. YOUR RIGHTS AND HOW TO EXERCISE THEM

10.1 We set out below the rights which you have (subject to certain exemptions) to address any concerns or queries with us about our processing of your personal data:

Right to be Informed

You have the right to know whether your Personal Data is being processed by us, how we use your Personal Data and your rights in relation to your Personal Data.

Right of Access

You have the right to request a copy of the Personal Data held by us about you and to access the following information in relation to the processing of your Personal Data:

(1) the purposes of processing;

(2) the categories of Personal Data concerned;

(3) the recipients of your Personal Data;

(4) the period for which your Personal Data will be stored;

(5) the existence of your right to lodge a complaint with the Office of the Data Protection Commissioner; and

(6) the source of your Personal Data;

– We will only charge you for making such an access request where we feel your request is unjustified or excessive.

Right to Rectification

You have the right to request that we amend any inaccurate Personal Data that we have about you.

Right to Erasure

You have the right to ask us to erase your Personal Data subject to certain restrictions.

Right to Restriction of Processing

You have the right to ask us to restrict processing your Personal Data.

Right to Data Portability

You may request us to provide you with your Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another data controller where this is technically feasible.

Right to Object

You have a right to object at any time to the processing of your Personal Data where we process your Personal Data on the legal basis of pursuing our legitimate interests.

Right to Object to Automated Decision-Making, including Profiling

You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. We do not carry out same.

11.2 You can exercise any of these rights by submitting a request to privacy@channelmechanics.com

11.3 We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay and within one month of receiving your request. We may extend this up to a further 2 months if necessary, however we will inform you if this arises.

11.4 Raising a Complaint to the Irish Data Protection Commission

You have the right to make a complaint about the way we use your personal data to the Data Protection Commissioner (DPC) at their website www.dataprotection.ie or by post at 21 Fitzwilliam Square S, Dublin 2, D02 RD28

Before you make a complaint to the DPC, we would be grateful if you contacted us first in order to allow us the chance to deal with your complaint first at the contact details at 1.1.

  1. CHANGES TO THIS PRIVACY STATEMENT

12.1 If we amend this Privacy statement, in whole or part, any changes will be posted on this page and, where appropriate, notified to you by email or when you use CITSS. The new Privacy statement may be displayed on-screen and you may be required to read and accept it to continue your use.

12.2 If at any time we decide to use your Personal Data in a manner significantly different from that stated in this Statement, or otherwise disclosed to you at the time it was collected, we will notify you of same.

  1. MISCELLANEOUS

13.1 As data controller, we are entitled to use your data in a manner that is compatible with the reasons it was collected in the first instance.

  1. WHO TO CONTACT WITH QUERIES

14.1 Questions, comments and requests regarding this privacy statement are welcomed and should be addressed to: privacy@channelmechanics.com or you can write to us at Channel Mechanics Technologies Limited, Block 4, Ballybrit Business Park, Ballybrit, Galway, H91 A4XW.