Software Data Compliance
The Aiva Martech Product
The Aiva Martech product is a market leading B2B sales and marketing enablement tool. It is SaaS (Software as a Service) and provides businesses with insight relating to their website visitors. Aiva Martech works on the basis of reverse business IP tracking. A small tracking code is placed on a business’ website(s) which then enables them to identify the business IP addresses of their website visitors. Aiva Martech matches the identified business IP address to a wholly owned global database of businesses and business information. Aiva Martech customers also have the option to implement a cookie alongside the code to enhance the tracking capabilities of the software.
The Aiva Martech software is almost entirely focused on leveraging business-related information to effectively match a business IP address with wider business data to provide valuable business-related visitor information to our customers. Aiva Martech does not identify any personal IP addresses, mobile devices or any other data than that associated with the business.
Business related data is not applicable under GDPR – which has the intention of protecting personal data. Therefore, the majority of the Aiva Martech solution and its features are not relevant to GDPR.
An additional feature of Lead Forensics aside from the main solution, is to provide customers with the contact information of key decision makers at the organisations that have pro-actively visited the company website. As this information contains details including first name, last name, email address and LinkedIn profile, this aspect of Lead Forensics constitutes the processing of personal data and therefore, is required to be compliant with GDPR.
Lead Forensics will only ever collect business IP addresses, which are then matched to a business profile, from there Lead Forensics offers customers the opportunity to purchase the contact details of relevant decision makers within the matched business. The data available will only relate to decision makers at the organisations that have pro-actively visited a customer’s website, in this regard it is anticipated that this data will be leveraged by the Lead Forensics customer base under the lawful basis for processing of ‘Legitimate Interests’. It is anticipated that Lead Forensics customers will select the most appropriate point of contact from the data provided by Lead Forensics to convey a highly relevant, targeted message either by email, telephone or by post to the business address and to the point of contact. Any correspondence will be based upon their likely interest in the organisation’s product or service following their visit to the organisation’s website.
Under GDPR, Lead Forensics will only ever process necessary personal data, which is limited to first name, last name, LinkedIn profile URL and email address. Lead Forensics will process further business-related data such as business IP, business name, job function and business telephone numbers. No sensitive personal data will be collected or processed in any way.
Lead Forensics customers have the option of using Lead Forensics without leveraging contact data, in which case the Lead Forensics solution is unrelated to GDPR on the basis that it will only process business data. If a customer opts to use the contact data feature of Lead Forensics, it is deemed that this will be leveraged under the lawful basis of ‘Legitimate Interests’, however the customer will be responsible for ensuring the data used is processed within their business in a method that is compliant with GDPR – each customer will be responsible for conducting their own due diligence checks and producing their own policies as applicable to their business.
Six Lawful Basis for Processing Personal Data
Under the EU General Data Protection Regulation (GDPR) there are six lawful bases for processing personal data. These are detailed as follows:
The individual has given clear consent for you to process their personal data for a specific purpose
The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract
The processing is necessary for you to comply with the law (not including contractual obligations)
The processing is necessary to protect someone’s life
The processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law
The processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
Source: ico.org.uk, February 2018.
The information relating to the six lawful bases for processing personal data is taken from the ICO website and the GDPR regulation documentation. Further information regarding the lawful basis for processing personal data can be found at ico.org.uk
Legitimate Interest Assessment (LIA)
Lead Forensics has carried out a Legitimate Interest Assessment (LIA) as advised by the ICO. Based upon that assessment it is deemed that the rights and freedoms of the data subjects would not be overridden in our processing of the personal data and that in no way would a data subject be caused harm by the Lead Forensics processing. Based upon our segmentation by organisation and by specific job function, coupled with our processing of personal data within the context of a business environment, it is deemed that any processing of data will be limited to business matters, and therefore any risk of personal compromise is extremely unlikely. It is also deemed that direct marketing and sales is necessary in the context of following up with website visitors in order to better serve visitors and to generate business sales.
Per the ICO guidance, Lead Forensics can confirm:
We have checked that legitimate interests is the most appropriate basis
We understand our responsibility to protect the individual’s interests
We have conducted a Legitimate Interests Assessment (LIA) and kept a record of it, to ensure that we can justify our decision
We have identified the relevant legitimate interests
We have checked that the processing is necessary and there is no less intrusive way to achieve the same result
We have done a balancing test, and are confident that the individual’s interests do not override those legitimate interests
We only use individuals’ data in ways they would reasonably expect
We are not using people’s data in ways they would find intrusive or which could cause them harm
We do not process the data of children
We have considered safeguards to reduce the impact where possible
We will always ensure there is an opt-out / ability to object
Our LIA did not identify a significant privacy impact, and therefore we do not require a DPIA
We keep our LIA under review every six months, and will repeat it if circumstances change
We include information about our legitimate interests in our privacy notice
How we Process Data
The Lead Forensics solution provides businesses with the details of organisations that have visited their website based upon business IP tracking. Lead Forensics matches this data to a database of business points of contact, presenting this information to its customers as potential contacts from the visiting organisation, that based upon the pro-active business visit could be interested in the products/services on offer. In order to do this, Lead Forensics will process first name, surname, LinkedIn profile URL and email address along with business data in order to present that information to its customers. The data is presented to customers via a secure, unique log in access to the Lead Forensics portal. Customers have the option of purchasing relevant points of contact, including email addresses and names from the visiting organisations. From that point the data limited to email address, name, LinkedIn profile URL and supporting business information including business telephone number will be transferred to the customer, again via the secure portal. Lead Forensics acts as a data processor in this regard, Lead Forensics is not liable for the onward processing of the data via each customer, although we strongly advise all customers to ensure compliance with GDPR in all aspects of personal data processing.
How we Procure Data
At Lead Forensics we procure data in a variety of ways, collected in line with the lawful basis of ‘Legitimate Interests’. The following are ways in which we collect and process data:
Although business data is not relevant under GDPR, Lead Forensics is committed to providing a transparent solution so that customers can effectively assess their own compliance. Lead Forensics collects business data via the following methods:
Primary research – Lead Forensics has a UK based in-house team who gather data relating to business from publicly available information, using search engines and other online tools to research global businesses.
Secondary research – Lead Forensics has a UK based in-house team who use existing publicly available sources of data such as Companies House and the WebCheck service to enhance the business data.
Purchase – Lead Forensics purchases business information from a number of selected third-party data vendors who are vetted to ensure the quality and validity of the business data provided.
Lead Forensics collection and processing of personal data is limited to:
LinkedIn profile URL
Lead Forensics procures this personal data in the following ways:
Primary research – Lead Forensics has a UK based in-house team who gather data relating to key decision makers at organisations from publicly available sources including the website of each business.
Secondary research – Lead Forensics has a UK based in-house team who use existing publicly available sources to gather the information relating to key decision makers including the Directors’ Register at Companies House, Dun & Bradstreet, Duedil and LinkedIn.
Purchase – Lead Forensics purchases data from selected third party data vendors with key segmentation criteria to ensure that only decision makers from registered businesses are procured. All third-party data vendors have been checked for GDPR compliance and to ensure the validity and accuracy of data.
Lead Forensics also uses automated scripts and algorithms to collect, process and validate both business data as well as the personal data detailed above. These automated processes are subject to the same compliance checks as all manual processes.
How we Ensure Data Validity and Currency
Lead Forensics has a UK based in-house data verification team who are responsible for ensuring the validity and currency of the data contained within the Lead Forensics solution. The team continually cleanse the data held within the Lead Forensics software, completing a full cleanse cycle of both business and personal data at least once every 12 months. Any records found to be out of date are placed into a deletion queue which is securely purged four times in a 12-month period.
The data verification team use both manual methods as well as automated scripts and algorithms via an extensive multi-staged process to ensure the utmost validity and currency of data. Lead Forensics takes data cleansing extremely seriously as this ensures a highly compliant solution as well as a high calibre solution for all of the Lead Forensics customers.
Data Storage and Retention
The data held within the Lead Forensics solution is processed and stored in the UK within a secure environment.
Aiva Martech has a continual cycle of cleansing and refreshing data, all data within the Aiva Martech solution is verified at least once in a 12-month cycle. Any invalid records are placed into a deletion queue, which is then securely purged four times in a 12-month period.
In the interest of our employees, customers, and prospective customers, all calls are recorded for training and monitoring purposes. Please see our Call Recording Policy for more information.
Your Rights as a Data Subject
Subject Access Request
If you wish to make a Subject Access Request in order to enact any of your below listed rights, you can do so by:
Or by writing to: Data Compliance, Lead Forensics, Building 3000, Lakeside, North Harbour, Portsmouth, PO6 3EN.
Or by calling 02072 067 293 and ask to speak with the Data Compliance team. Further proof of identification may be requested in writing to verify your identity before personal data is disclosed.
We will process and respond to your request within 30 days; this service will be free of charge.
Right of access to data held
Under Article 15 of the GDPR, you have a right of access to the personal data we hold on you. If you believe that we are processing your personal data, you can make a Subject Access Request to request the following:
The purposes of our processing.
The categories of personal data concerned.
The categories of recipient to whom the personal data have been or will be disclosed.
The envisaged period for which the personal data will be stored.
The existence of the right to request from the controller rectification or erasure of your personal data, or the restriction of processing of your personal data, or the objection to processing of your personal data.
The right to lodge a complaint with a supervisory authority.
Where the personal data was not collected directly from you, any available information as to the source of the data.
The existence of automated decision-making, including profiling, and any meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
Information on the appropriate safeguards that have been put in place in the instance that your personal data has been transferred to an international organisation or third country.
A copy of the personal data that we process (as long as doing so does not adversely affect the rights and freedoms of others)
Right to rectification
Under Article 16 of the GDPR, Lead Forensics has the obligation to rectify, without undue delay, any inaccurate personal data. If you believe that the personal data we hold on you is inaccurate or incomplete, you can make a Subject Access Request to inform us of this inaccuracy and provide us with the necessary data to correct/complete our data files.
Right to erasure (‘right to be forgotten’)
Under Article 17 of the GDPR, you have the ‘right to be forgotten’. In the event that you make a request for erasure, a minimal amount of your personal data will be kept in our suppression files. This enables Lead Forensics to fulfil our legal obligation under Article 6(1)(c) of the GDPR to ensure that you are not contacted again.
If you are not added to our suppression file, there is a risk that your data may be processed again in the future if your details are re-added to our software by out data procurement team. Therefore, we will keep a minimal amount of data (where applicable, name, business phone number, business email and/or LinkedIn URL) in a suppression file.
Right to restriction of processing
Under Article 18 of the GDPR you have the right to request that Lead Forensics does not further process your personal data beyond storing it. This can be a useful alternative to requesting erasure. For example, you can make this request to ensure that your entire data record is kept in our suppression files but will not be processed for any other purposes.
Right to Lodge a Complaint to a Supervisory Authority
Under Article 77 of the GDPR you have the right to lodge a complaint with a supervisory authority if you believe the processing of your personal data infringes your rights. In the UK, the supervisory authority is the Information Commissioner’s Office (ICO).
If you wish to lodge a complaint with the ICO you can do so here: https://ico.org.uk/make-acomplaint/
Or by calling their helpline on 0303 123 1113
This policy was last reviewed and updated on 29th September 2020. Policies are periodically reviewed to ensure compliance with the current compliance environment.
For questions relating to this policy, please contact firstname.lastname@example.org
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