ABTRAN PRIVACY NOTICE
Abtran Unlimited Company (“We”, “Us”, “Abtran”) are committed to protecting and respecting your privacy.
This notice (together with any other documents) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1. Our Commitment
Abtran is committed to ensuring that your privacy is protected. The General Data Protection Regulation and Data Protection Acts 1988-2018, when enacted (together “Data Protection Law”) apply to the processing of personal data. Under Data Protection Law, personal data is information that identifies you as an individual or is capable of doing so.
We comply with Data Protection Law and this notice applies to the personal data collected, processed and stored by us during and after your employment with us (“Your Data”).
For the purposes of Data Protection Law, we are the data controller of Your Data. You will find our contact details in the “Contact us” section below.
2. How we gather Your Data
You may give us information about you by filling in forms on our website www.Abtran.com (“Our Site”) or by corresponding with us by phone, e-mail, or otherwise. This includes information you provide when you register to use Our Site, subscribe to our services, search for a product or service, participate in discussion boards or other social media functions on Our Site, enter a competition, promotion or survey, and when you report a problem with Our Site.
We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, recruiters etc.) and may receive information about you from them.
We gather Your Data from when you apply for employment with us whether directly through our website or otherwise or through a recruitment partner.
3. Categories of Personal Data
Your Data may include
(a) your name,
(b) your address,
(c) your e-mail address,
(d) your telephone number,
(e) your personal or professional description
(f) your photograph;
(g) information regarding your professional or educational background; or
(h) any other information about yourself that you may voluntarily provide to us.
You are not obliged to provide us Your Data but if you do not we may not be able to carry out the service you have requested of us.
4. Why we process Your Data and legal basis for processing
We collect and process Your Data for the following purposes:
(a) to provide you with any service you may have requested or to take steps at your request prior to performing any service you have requested of us;
(b) to market our services or keep you informed of our business; and
(c) to inform you of changes to our services.
We rely on the following legal bases under Data Protection Law in processing Your Data:
(a) Performance of a contract: For example, if you or your company requests Abtran to provide services we may process Your Data in connection with the performance of those services.
(b) Consent: Where you have subscribed to our newsletter, for example, or opted in to receive information from Abtran.
(c) Compliance with legal obligations: For example, we may need to disclose Your Data in order to comply with a legal obligation to which were are subject including an order of any court or request from a regulatory or governmental body to whose jurisdiction we are subject.
(c) Legitimate interests: We may, for example, disclose Your Data in in connection with the establishment, exercise or defence of any legal claims in which we are involved to the extent that such disclosure is reasonably required.
5. Person with whom we may share Your Data
We may disclose your data with the following categories of recipients:
(a) our group companies for the administration and management of our business and compliance with applicable laws rules and regulations, and internal policies and procedures across the Abtran group (including statutory reporting and disclosures to regulatory authorities);
(b) third party agents, service providers and contractors for the purposes of providing services to us (for example, professional advisors, Abtran’s IT systems providers and communications providers) who are subject to confidentiality obligations and will be required to observe security and privacy obligations in respect of Your Data;
(c) to a governmental or regulatory body (including tax authorities, law enforcement agencies and financial regulators) in order to comply with a legal obligation;
(d) to any person pursuant to an order of a court or tribunal; or
(e) to a purchaser (or potential purchaser) and its advisors in connection with the sale or merger of Abtran or any of its assets.
Whenever we disclose Your Data to third parties, we will only disclose that amount of Your Data necessary to meet such business need or legal requirement.
Abtran will take all reasonable steps to ensure that appropriate security measures are in place to protect the confidentiality of Your Data. Security measures will be reviewed from time to time, having regard to the technology available, the cost and the risk of unauthorised access.
7. Retention of data
The time period for which we retain information varies according to the use of Your Data and will be determined by reference to the following criteria:
(a) the purpose for which Abtran is using your data – we will need to retain Your Data for so long as is necessary for the purpose for which it was originally obtained;
(b) in some cases there may we may have legal obligation to keep Your Data for a minimum period of time or may need to keep your Data for the duration of statute of limitation that be applicable depending the nature of your engagement with us (for example seven years in the case of a contract).
In the case of job applications, our general retention period in respect of personal data of unsuccessful applicants is 12 months.
8. Where we store Your Data
We might store Your Data in different places. Physical files are stored in our office and our archives. Electronic files are stored on our secure servers and in the cloud. We may transfer Your Data to, and store it at, a destination outside of the European Economic Area (the “EEA”). Whenever we transfer Your Data in such a way, we will ensure appropriate safeguards are in place. Your data may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your details. Any transfer of Your Data outside of the EEA would only be made through transfer mechanisms approved or allowed for under Data Protection Law and we shall take all necessary steps to ensure that there is adequate protection, as required by Data Protection Law.
9. Your rights in respect of Your Data
You have the following rights in respect of Your Data under Data Protection Law: • the right to request from us access to Your Data and to have any incorrect personal data rectified;
• where we rely on your consent in order to process Your Data, the right to withdraw that consent at any time; • in some circumstances, the right to receive some of Your Data in a structured, commonly used and machine-readable format and/or request that Abtran transmit that data to a third party where this is technically feasible but please note that this right only applies to personal data which you have provided to us;
• the right to the restriction of processing concerning you or to object to processing but please note that there may be circumstances in which we are legally entitled to retain Your Data notwithstanding any objection by you to, or request from you to restrict, our processing of Your Data;
• the right to have Your Data erased in circumstances but please note that we may be legally entitled to refuse that request and retain Your Data; • the right to make a complaint with a supervisory authority (including the Data Protection Commission of Ireland) if you fell any of your rights have been infringed;
We shall employ reasonable means to keep Your Data accurate, complete and up to date in accordance with the purposes for which it was collected.
10. How you can exercise your rights
You may exercise any of your rights by contacting us. Our contact details are set out in section 12 of this notice.
We will confirm your request within 21 days of receipt, and process your request within 30 days of receipt.
You may also make a complaint to the Data Protection Commission (www.dataprotection.ie)
11. Changes to this notice
This notice will be reviewed from time to time to take into account changes in the law, the experience of the notice in practice or changes to the extent to which we process Your Data. Any such changes will published on Our Site or otherwise notified to you in such manner as we deem appropriate. We encourage you to periodically review this notice to stay informed about how we collect, use, and disclose personal information.
12. Contact Information
Questions, comments and requests regarding this notice are welcomed and should be addressed to:
Name: The Data Privacy Coordinator,
Blackrock Business Park
1.2 Our Site is provided by Abtran Unlimited Company, a company incorporated in Ireland with registered number 260018 having its registered office at Abtran, Blackrock Business Park, Bessboro Road, Co. Cork, Ireland. (“Abtran”, “our”, “we” or “us”).
1.3 As a user of Our Site (“you”, “your”) you acknowledge and agree that the use of Our Site is governed by these terms and conditions of use (the “Terms”). Please read the Terms carefully before using Our Site as they contain important information about your rights and obligations. If you have any questions about these Terms please email us at email@example.com
1.4 By accessing and viewing Our Site you agree that you have read, understood and become bound by the Terms. If you do not wish to be bound by the Terms you may not use Our Site.
1.5 Material on Our Site is directed solely at viewers from the Republic of Ireland and the United Kingdom.
1.6 Abtran reserves the right, in its discretion, to delete or deactivate Our Site, block user email or IP addresses, or otherwise terminate user access to or use of Our Site (or any part thereof), immediately, without notice and remove and discard any user content within Our Site, for any reason, including, without limitation, if Abtran believes that the user has acted inconsistently with the Terms. You agree that Abtran shall have no liability to you or any third party for any termination of your access to Our Site.
2.1 All material. Content and information on Our Site is for general information purposes only and does not constitute advice. You should not assume that the content on Our Site is continuously updated or otherwise contains current and/or accurate information.
2.2 Neither Abtran nor any of its affiliates make any representation or warranty, express or implied, concerning material, content and information on Our Site, which are provided “as is”. Abtran and its affiliates exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of Our Site or any information provided through Our Site.
2.3 Your use of Our Site is at your own risk. To the fullest extent permitted by applicable law, neither Abtran nor its affiliates shall, under any circumstances, be liable to you in contract, tort (including without limitation negligence) or otherwise howsoever for any direct, indirect, incidental, special, punitive or consequential loss that results from your use of or access to, Our Site or any material, information or content thereon (including but not limited to any loss: (i) arising out of or in connection with the use of or the inability to use Our Site; (ii) arising out of or in connection with any changes to Our Site; (iii) arising out of or in connection with any material or data sent or received or not sent or received or lost; or (iv) that otherwise arises out of or in connection with Our Site or any content, material or information thereon) including but not limited to any such loss suffered as a result of our negligence or any inaccuracy, act, error, omission or any other cause and whether or not on the part of Abtran or any of its affiliates or the servants, agents, contractors of Abtran or any of its affiliates or any other person or entity even if such loss is foreseeable or we have been advised of the possibility of it. Without prejudice to the foregoing, neither Abtran nor its affiliates shall be liable in contract tort (including without limitation, negligence) or otherwise howsoever to you for any direct or indirect loss of profit, data, opportunity or reputation.
2.4 The disclaimer in this section 2 shall not operate to exclude any term, warranty or liability that may not be excluded under Irish Law.
3. INTELLECTUAL PROPERTY AND MATERIALS
3.1 Abtran is the owner or the licensee of all intellectual property on Our Site, including but not limited to copyright, moral rights, patents, trademarks, trade names, service marks, designs (software or otherwise), database rights, whether registered or unregistered generally present and future in and relating to Our Site (the “Intellectual Property”). This Intellectual Property is protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.
3.3 You must not modify the paper or digital copies of any materials or Intellectual Property you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.
3.5 You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.6 If you print off, copy or download any part of Our Site in breach of these terms and conditions of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. THIRD PARTY LINKS
4.1 Our Site may contain links to other websites. In no way should this be interpreted as an endorsement of any company, content or products to which Our Site links. If you decide to access any of third party websites linked to Our Site, you do so entirely at your own risk. Abtran makes no representation or warranty whatsoever about any other website which you may access through Our Site.
4.2 Abtran is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.
4.3 Please note that third party sites may send their own cookies to users to collect data or solicit personal information, and you are therefore advised to check the terms to use and/or privacy and cookie policies/statements on those third party sites prior to using them.
6.1 Law: These Terms (terms, conditions, disclaimers and exclusions) shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle all disputes that arise out of or in connection with the Terms.
6.2 Communications: You acknowledge and agree that the nature of communication via the Internet is such that Abtran does not guarantee the security, privacy or confidentiality of communications transmitted via the Internet from unauthorised access, interference or interception by third parties. No liability will attach to Abtran in the event of unauthorised access, interference or interception by third parties to Our Site or any of your content or any communication system.
6.3 Language: These Terms are made only in the English language and any translation of the English language version of these Terms is provided for convenience only. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.
6.4 Changes to the Terms and Conditions: We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on Our Site.
6.6 Severability: If the whole or any part of a provision of these Terms is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.
6.7 Assignment: We may, at our discretion assign or transfer any right, title or interest in Our Site to any successors in title to our business or to a third party.
6.8 Availability of Our Site: We will try to make Our Site available but cannot guarantee that Our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of Our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other Internet connected device.