Our compliance with GDPR and Data Protection Act regulations.
Our collection of your personal information
Personal information (“Personal Information”) is data that can be used by us to identify, either directly or indirectly, an individual to whom the information applies. The information that we may collect from you includes your name, mailing address, service usage, phone number, email address, contact preferences, occupation, login information (account number, password), marketing preferences, social media account information, and as applicable, IP address and details received during the process of providing our services as contracted.
Orca will only collect Personal Information about you unless you voluntarily choose to provide it to us or our partners (e.g. to obtain a newsletter subscription, white papers, participate in surveys, generate product downloads, register for marketing events, promotions or job applications or via providing our contracted services to you and your employers), you provide your explicit consent, or unless it is permitted by applicable laws and regulations including legitimate interest under GDPR regulations. You can always “opt out” at any time by contacting Orca via the contact us page.
Our use of your personal information
When you do, voluntarily or as part of our contracted services, provide us with Personal Information, we will use it to provide you with contracted services, information about our other services or products, process orders, register you for an event or notification system, create an account, provide customer service, respond to a specific question, register for courses, manage a job application, or provide access to additional information or offers.
We also use the information we collect to improve the content of our website, to notify customers of updates to our website, products and services and also to contact customers for marketing and sales purposes, including renewals, that are related to a customer’s specific needs and interests.
Disclosure to third parties, service providers, and others
In order to support and enhance the customer relationship and service provision we offer, Orca may store, process, or share your Personal Information with our UK and worldwide partners and affiliates (e.g. partners, service providers, processors, data hosts etc.) to perform a function or complete a service supply or transaction related to your purchase of any of our products or services.
Orca also utilises its UK and worldwide partners and affiliates to provide valuable services on our behalf. To provide these services to you we need your explicit consent to share your Personal Information with them. Third parties with whom we share your Personal Information are all bound by all relevant and applicable data privacy laws, terms of confidentiality and Orca’s compliance with GDPR.
There are times when Orca may be required to disclose your Personal Information by law, legal process, and/or requests from public and governmental authorities. Orca may also disclose your Personal Information for purposes of investigations of threats to national security, compliance with requests from law enforcement, or other issues of public importance, or when we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Data processing by Orca as part of our contractual obligations to you
In order to provide our services to you via our contracts, we may be required to operate as a processor under the definitions of GDPR. In such cases, it is the responsibility of the controller to issue a formal GDPR appropriate Data Processing Agreement to Orca IT Limited. In the event that such an Agreement has not been formally agreed between the Data Controller and Orca IT Limited, then the following GDPR Data Processing Agreement shall apply:
Orca will collect, use or disclose Personal Information supplied by you, for the purposes disclosed to you, unless the disclosure is a use of the Personal Information for an additional purpose related to the original purpose, is necessary to prepare, negotiate and perform a contract with you, is required by law or competent governmental authority, is necessary to establish or preserve a legal claim or defence against a legal claim, or is necessary to prevent fraud or other illegal activities.
Cookies and Other Technologies
Orca’s websites, advertisements, emails, and online services may use certain automatic data collection technologies such as cookies, click-stream data, HTTP protocol elements, search terms, web beacons, and pixel tags to collect data, including personal information, about you while you use our website, our products, and when you interact with us.
Information collected by cookies and similar technologies are treated as non-personal information except to the extent under local law that IP addresses (or like identifiers) are otherwise considered Personal Information.
The data collected will be used for the following purposes:
• Completion and support of the current activity
• Web site and system administration
• Research and Development
This data is collected from all website users. Web access logs are used for statistical purposes only, except in the event of a security breach hen they could be used for the purpose of tracing the breach. No information gathered from web logs is given or provided to any third parties.
Accuracy and retention of personal information
Communications and Subscription Preferences
You have the choice to determine what information you receive from Orca about products and services, and how such information is received by specifying your communication preferences by your subscription details which can be found at the end of most marketing based communications from Orca.
If you wish to discontinue receiving marketing and/or non-transactional e-mails from us, you may do so via the unsubscribe link, or by requesting this via email or using the contact form page.
We would like to emphasize that this provision does not apply to transactional emails related to users’ business relationship with Orca.
In the event you choose not to provide certain personal information, we may not be able to respond completely or adequately to your questions, provide updates, and/or information about our services and products.
You can always “opt out” of receiving certain communications at any time by updating your subscription preferences as noted above including clicking the “unsubscribe” link in any marketing email.
We will however continue to use your Personal Information for the limited purpose of sending you important notices relating to information about your purchases and changes to our policies and agreements, or for other reasons permitted by applicable law.
E-mail and Electronic Forms
We collect the following information:
• Physical contact information
• Online contact information
• Preference data
This data will be used for the following purposes:
• Completion and support of the current activity.
• Contacting visitors for marketing of services or products.
In all cases this information will only be used for the stated purpose for which it was provided. A number of online forms are provided on this site. Each form is processed using standard mail techniques, and is not encrypted.
The data is collected so that we can send you news and other information which is relevant to your needs and interests.
Orca takes the security of Personal Information seriously. To protect your Personal Information that you have provided us against accidental or unlawful destruction, loss or alteration, Orca uses technical and organizational security measures to prevent any unauthorized disclosure or access.
All Orca staff are trained in understanding the importance of data security and of our obligations under GDPR and the Information Commissioners Office and Data Protection Act.
Orca has implemented strict security controls, intrusion detection systems and processes to alert us in the case of a potential or actual intrusion of our information systems.
Orca has a Data Breach Notification Policy and an established set of Breach Response guidelines that will immediately be implemented and commence a Remediation Plan in response to any unauthorized access to our information systems or databases.
If any data security breach occurs and it may impact your Personal Information, you will be notified as soon as possible once the breach has been determined and we will inform the Information Commissioners office as required.
Collection and use of non-personal information
When you access www.orca.co.uk (or other Orca websites), we may automatically collect non-Personal Information even if you don’t register. For example, this information may include the operating system used, the domain name of the website that directed you to our website, the number of visits, average time spent on a page and what pages you viewed.
We may use this data and share it with our UK and worldwide affiliates to monitor the content and relevancy of the content on our websites to improve the performance, content or your experience on our websites.
Through your use of services to access our website, your communications data (for example, Internet Protocol Address, or IP Address) or utilization data (information on the telecommunications services you accessed) may be technically generated and could, depending on the applicable law, constitute Personal Information.
To the extent it is a necessity, the collection and processing of your communications or utilization data, and the subsequent use of such data will only occur and be performed in accordance with the applicable data privacy protection framework and laws.
Forums, blogs, third party websites and links
Orca is only responsible for privacy practices of Orca and its websites. Orca’s website may contain links to other websites for additional information and convenience. Orca does not control those other websites, endorse or make any representation about other websites, and is not responsible for the privacy practices of those other websites.
Some of Orca’s websites contain interactive elements such as discussion forums and blogs that allow users to publish their own content. Any information posted on these blogs and forums becomes public, which means it could be read, collected or used by other users in any manner. Orca is not responsible for any Personal Information you choose to submit in forums.
Consent to process, transfer and store personal information
Personal Information of individuals who reside in a member state of the European Economic Area and Switzerland is controlled by Orca.
Vacancies page and applying for a job at Orca
If you browse or apply for a job in the vacancies portion of our website, your application and any additional information that you provide may be used to assess your skills and interests against career opportunities at Orca. Orca may retain this information for reporting purposes that may be required by applicable law.
Right to be forgotten
Orca is committed to taking reasonable steps to ensure that any Personal Information requests to be forgotten can be erased with our existing technology will be done so in a reasonable time of the request.
However, this doesn’t apply to information that you have made public by posting on our forums, blogs, or have made available to third parties yourself, or has been provided as an integral part of our contractual services to you and your business, this is beyond the reach of what Orca can erase.
Orca will do everything possible to erase your Personal Information if you withdraw your consent (opt out) from receiving information for us and request the right to be forgotten. However, Orca will not be able to erase all of your Personal Information if it is technically impossible due to limitations to existing technology, or for legal or legislative reasons.
Orca will not knowingly collect Personal Information from any person that is not a legal adult, as defined by local law, without insisting that they seek prior parental consent, if such consent is required by applicable law. Orca does not target children in connection with its products, services, and websites. In the event Orca uses or discloses Personal Information of a person that is not a legal adult, Orca will seek parental consent pursuant to local laws and regulations in order to protect the person that is not a legal adult.
If you have any concerns regarding the data held about you by Orca, please contact us.