Operance Privacy Policy & Terms of Use

Last updated 5th June 2019

Our Privacy Policy

Operance is a mobile application Digital Operations and Maintenance (O&M) product, developed, managed and owned by Bimsense Limited.

1. Clarifications

For clarification, this document refers to the Bimsense Limited digital O&M product by its trading name ‘Operance’ and will occasionally be referred to as (“Operance” or “we,” “us,” “our”). As the owner of the Operance product, we clarify that Bimsense is the controller and is ultimately responsible for your personal data. If at any time you have questions about this policy, please let us know.

2. Our Policy

Please read the entire Policy before using our Services. By using the Services, you consent to the terms of this Policy.

Bimsense is committed to transparency about data use and to protecting the privacy of your personal information. This policy is designed to let you know how we collect, use, and disclose information through the websites, mobile applications, and other online services and products (collectively, the “Services”) as well as how we share, store, and protect that data.

This Privacy Policy aims to give you information on how Operance collects and processes your personal data through your use of the Operance mobile application and website, including any data you may provide through the Operance mobile application and website when you sign up as a user of our Services, to our communications, when purchasing a product or service, or engaging with us through our social media channels.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions 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 Policy supplements the other notices and is not intended to override them.

3. Changes To The Privacy Notice And Your Duty To Inform Us Of Changes

This version was last updated on 05/06/2019.

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.

4. Information We Collect

4.1 Information you provide directly

  • Personal Identity & Personal Contact Data:
    • When you register for our Services, we may ask you for personal information such as your first name, last name, organisation working for, role and department working within, and your email address and telephone number.
  • Organisation & Organisational Contact Data:
    • When you register for our Services, we may ask you for organisational information such as your organisation name, physical address, VAT registration number, listed company number, roles and departments associated with using our services, your organisational email addresses and telephone numbers.
  • User Engagement & Assistance Data:
    • When you contact us for assistance with our Services, we receive the information you provide in that correspondence and any other information that you send to us.
    • When you engage and communicate with our Services and associated social platforms, we receive the information you provide in that correspondence and any other information that you send to us.
    • When authoring, adding or updating information with our Services, we receive the information you provide in that correspondence and any other information that you send to us.
  • Purchasing Data:
    • When making purchases with our Services we receive the information you provide, including 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, your login data (time, date, URL), 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 the Operance mobile application and website.
  • Profile Data: 
    • includes your username and password (the passwords are stored as hashed values and cannot be read by Operance), purchases or orders made by you, Services preferences, feedback and survey responses.
  • Usage Data:
    • includes information about how you use the Operance mobile application, website and Services.
  • Marketing and Communications Data:
    • includes your preferences in receiving marketing from us and our third parties and your communication preferences. We confirm that users have the option to ‘opt-out’ of any marketing communications at any time.

4.2 Information we receive automatically when you use our Services

We may also automatically receive certain information about your device when you use our Services. For example, we may receive:

  • Aggregated Data:
    • We may collect, use and share data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Operance mobile application or 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 notice.
    • Information about your interactions with our Services, such as the content you view, information collected by Google Analytics, and information in other cookies and similar technologies.
    • Information about how you access our Services, including information about the type of device you’re using, your browser or operating system, the language in which you asked to view our Service, the referring website through which you accessed our Services, links that you click while using our Services, your Internet Protocol (“IP”) address and location information.

4.3 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 with you (for example, to provide you with goods or services). In this case, we reserve the right to cancel a product or service you have with us, but we will notify you if this is the case at the time.

4.4 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 and to use our applications
    • subscribe to our service or publications
    • request marketing to be sent to you
    • enter a competition, promotion or survey, or
    • give us some feedback
  • Automated technologies or interactions: as you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data we may receive from the following parties;  
      • analytics providers
      • advertising networks inside OR outside the EU and
      • search information providers based inside OR outside the EU
    • Contact, Financial and Transaction Data we may receive from providers of technical, payment and delivery services based inside OR outside the EU.
    • Identity and Contact Data we may receive from publicly available sources.

4.5 Use of Information

We may use information that we collect through our Services for a variety of purposes, including to:

  • Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you.
  • Contact you with surveys, legal notices, and other information that may be relevant to your use of the Services, such as account status, renewal, or any problems with your account.
  • Customise and personalise your use of our Services, including the use of cookies to remember your login information and interface preferences.
  • Inform you about important public policy issues that might affect our Services.

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.

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.

Purpose / ActivityType of DataLawful basis for processing (including basis of legitimate interest)
To register you as a new customer.a) Identity
b) Contact
c) Organisational
Performance of a contract with you.
To process and deliver your order including:
a) Manage payments, fees and charges.
b) Collect and recover money owed to us.
a) Identity
b) Contact
c) Organisational
d) Purchasing
e) Transaction
f) Marketing & Communications
a) Performance of a contract with you.
b) Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you which will include:
a) Notifying you about changes to our terms or privacy policy.
b) Asking you to leave a review or take a survey.
a) Identity
b) Contact
c) Organisational
d) Engagement
e) Profile
e) Marketing and Communications
a) Performance of a contract with you.
b) Necessary to comply with a legal obligation.
c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) in order to improve our product and service.
To enable you to complete a survey.a) Identity
b) Contact
c) Organisational
d) Engagement
e) Profile
f) Usage
g) Marketing and Communications
a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
To administer and protect our business and the Operance mobile application or website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).a) Identity
b) Contact
c) Organisational
d) Engagement
e) Profile
f) Technical
a) 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).
b) Necessary to comply with a legal obligation.
To deliver relevant website content and information about services to you and measure or understand the effectiveness of the advertising we serve to you.a) Identity
b) Contact
c) Organisational
d) Engagement
e) Profile
e) Usage
f) Marketing and Communications
g) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.a) Technical
b) 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).
To make suggestions and recommendations to you about goods or services that may be of interest to you.a) Identity
b) Contact
c) Organisational
d) Technical
e) Usage
f) Engagement
g) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business).

4.6 Sharing of Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

  • Service Providers: We may share your information with service providers that perform certain functions or services on our behalf, such as Google Analytics and MailChimp.
  • Other Parties: Only when Required By Law or as Necessary to Protect the Services. 

We may disclose your information to third parties in order to:

  • Protect the legal rights, safety, and security of Operance and the users of our Services;
  • Enforce the Terms of Use (ToU) of our Services;
  • Prevent fraud (or for risk management purposes);
  • Comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required. If Operance intends to disclose a member’s information to law enforcement or in response to a legal process, we will make reasonable efforts to promptly notify the member—and, if the member is under 18, the member’s parent or legal guardian—unless directed not to by a court of law. In Connection With a Transfer of Assets. If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, we may transfer your information to one or more third parties as part of that transaction.
  • De-identify and Aggregate Information: We may share de-identified or aggregated data with any entity, including for research and analysis purposes. De-identified data is data that is not linked or reasonably linkable to a particular person or device. Aggregate data is data we collect that has been combined with information from others so that the recipient of the data is not able to identify any particular person or device from the data. However, we will never share personally identifiable information with third party commercial entities for direct marketing purposes, unless you give us permission.
  • Share with Other Parties With Your Consent: We may share information about you with third parties when you consent to such sharing.

4.7 Data Security

Protection of our users’ information is important to us, so we maintain security safeguards to help protect against the loss, misuse, unauthorised access, disclosure, alteration, or destruction of the information you provide to us. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.

4.8 Children’s Privacy

The privacy and protection of children is of great importance to us. We will not knowingly collect, use, or disclose personal information from children under the age of 18 without obtaining consent from a parent or legal guardian, except as otherwise permitted by law.

5. Third-Party Sites

5.1 Links to Third Party Sites and Services

Our Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under our control or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

5.2 Embedded Content From Other Websites

Articles on the Operance mobile application or website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

5.3 How Long We Retain Your Data

If you leave feedback on the Operance mobile application or website social media platforms, your comments and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information.

We will only retain your 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.

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 your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

5.4 What Rights You Have Over Your Data

If you have an Operance user account or have engaged with our Services and associated websites, feedback platforms or social media platforms, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes or data associated with the organisation account you as a user are associated/were previously associated with.

Under certain circumstances, you have rights to access the below information under data protection laws in relation to your personal data.

  • Request access to your personal data
  • Request correction of your personal data
  • Request erasure of your personal data
  • Object to processing of your personal data
  • Request restriction of processing your personal data
  • Request transfer of your personal data
  • Right to withdraw consent.

5.5 No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in certain circumstances.

5.6 What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your 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 you to ask you for further information in relation to your request to speed up our response.

5.7 Where We Send Your Data

We do not sell data about users under any circumstances. Users comments may be checked through an automated spam detection service. When users leave comments about Operance we collect the data shown in the feedback form, and also the visitor’s IP address and browser user agent string to help spam detection.

Contact information and communications preferences submitted through contact forms or signup forms associated with Operance may be shared with the third-party vendors we use to manage newsletters, event registrations, and other communications activities.
If you would like to unsubscribe from our email communications at any time, you may do so in the footer of any of our emails. If you would like us to delete your personal information entirely, please contact us.

6. Updates and Communications

6.1 Data Usage Policy Updates

We may decide to change our Privacy Policy but, if we choose to do so, we will post the changes here. You will always have access to the Privacy Policy in order to determine:

  • Whether or not we gather personal information about you;
  • Whether or not we use information about you; and
  • Whether or not we disclose your information to anyone else.

Your continued use of the Services after any modification to the Privacy Policy will constitute your acceptance of the new terms and conditions.

6.2 Communications Preferences

You may choose to receive promotional emails, newsletters, and similar communications from us. You may opt-out of receiving these emails from us by clicking on the opt-out or “unsubscribe” link included in the emails you receive. Please note that opt-out requests may take up to 10 business days to be effective. Your opt-out request will not apply to messages that you request or that are not promotional in nature. For example, we may contact you concerning your account or any purchases you have made with us, even if you opt-out of receiving unsolicited promotional email messages.

If you have any questions about the Privacy Policy, or about any other aspect of the operation of the Services, please contact us.

6.3 Cookies & Related Technologies

A “cookie” is a text-only piece of information that a website transfers to your computer’s hard disk so that the website can remember who you are. A cookie will normally contain the name of the internet domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. Operance uses cookies and collects IP addresses (an IP address is a number that can uniquely identify a specific computer or other network devices on the internet). We use analysis software to look at IP addresses and cookies for the purpose of enhancing your user experience.

We use the following types of cookie:

  • Analytics Cookies: that anonymously remember your computer or mobile device when you visit our website. They keep track of browsing patterns and help us to build up a profile of how our customers use the website. Analytics cookies can be either Operance or third party cookies.
  • Essential Cookies: may be required to make the Operance mobile application or website work correctly, remember your login and session details, remember your settings preferences, and record the number of pages you view for the purpose of website optimisation.

We have no access to third party cookies and third party organisations have no access to ours. The third-party organisations that place cookies have their own strict privacy policies. You may block cookies by selecting the appropriate settings on your browser. However please note that if you do this you may not be able to use the full functionality of the Operance mobile application or website as they may become inaccessible or not function properly.

Find out more about the use of cookies or how to prevent the download of cookies, or otherwise control how cookies are used on your computer, please read the “Help” information supplied with your Internet browser software or go to www.allaboutcookies.org or http://www.cookiecentral.com.

Operance’s Services use Google Analytics, a service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information associated with the cookie about your use of the Service (including your IP address) will be transmitted to and stored by Google on servers in the United Kingdom, United States or other countries, and may be shared with Operance in aggregated form. For more information about how Google uses the data it collects in connection with Google Analytics—and how you can control the information sent to Google—please select this link: http://www.google.com/policies/privacy/partners/.

Operance Services may also use cookies for other purposes, including remembering your login information, analytics, and interface preferences.

6.4 International Transfers

Operance do not transfer data outside the specified regions. If you are located in a European region, your data would not be transferred or moved out of the European region. Operance holds on this policy irrespective of any region.

7. How to Contact Us

Mail

Operance
Attn: Privacy Policy Inquiry
31-38 Queen St
Hull
East Yorkshire
HU1 1AA
U.K.

Email

info@operance.co.uk