Privacy Policy

March 2023

1. INTRODUCTION
   1. Important information and who we are

      Welcome to Opsly Cloud Ltd’s Privacy and Data Protection Policy (“Privacy Policy”).

      At Opsly Cloud Ltd (“we”, “us”, or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the United Kingdom General Data Protection Regulation (“GDPR”), the Data Protection Act 2018 and all other mandatory laws and regulations of the United Kingdom.

      This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, how the law protects you, and inform our employees and staff members of all their obligations and protocols when processing data.

      The individuals from which we may gather and use data can include:

      • Customers
      • Suppliers
      • Business contacts
      • Employees/Staff Members
      • Third parties connected to your customers

      and any other people that the organisation has a relationship with or may need to contact.

      This Privacy Policy applies to all our employees and staff members and all Personal Data processed at any time by us. It also applies to those visiting our website http://www.opslycloud.com or using the Opsly platform (together, the “Platform” )

   2. Who is Your Data Controller

      Opsly Cloud Ltd is your Data Controller and responsible for your Personal Data. We are not obliged by the GDPR to appoint a data protection officer and have not voluntarily appointed one at this time. Therefore, any inquiries about your data should either be sent to us on email at info@opslycloud.com or sent in a letter to Flat 1 Glassbank Court, 85a High Street, Barnet, EN5 5UR, United Kingdom.

      You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

   3. Processing Data on Behalf of a Controller and Processors’ responsibility to you

      In discharging our responsibilities as a Data Controller we have employees who will deal with your data on our behalf (known as “Processors”). Therefore, the responsibilities described below may be assigned to an individual, or may be taken to apply to the organisation as a whole. The Data Controller and our Processors have the following responsibilities:

      • Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR (see 2.2 below for more information on those bases);
      • Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
      • Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;
      • Obtain the prior specific or general authorisation of the Controller before engaging another Processor;
      • Assist the Controller in the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights;
      • Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
      • Maintain a record of all categories of processing activities carried out on behalf of a Controller;
      • Cooperate, on request, with the supervisory authority in the performance of its tasks;
      • Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller; and
      • Notify the Controller without undue delay after becoming aware of a Personal Data Breach;
2. LEGAL BASIS FOR DATA COLLECTION
   1. Types of Data / Privacy Policy Scope

      “Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

      We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect

      Personal Data we collect from you.

      • Profile/Identity Data: This is data relating to your first name, last name, gender, date of birth.
      • Contact Data: This is data relating to your phone number, addresses, email addresses, phone numbers.
      • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
      • Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Platform (including date and time); webpage identifier; what you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), metadata information about the payload and page; analytical data; information about the DOM and mutation events; comments you choose to publicly provide; and methods used to browse away from the page and any phone number used to call our customer service number.

      Personal Data we receive from other sources.

      • We may receive information from a third-party authentication provider about you, including your GitHub, GitLab, Bitbucket, Google, or Docker username and your email address.
      • We are also working closely with other third parties (including, for example, business partners, service providers, sub-contractors in technical and payment services, advertising networks, analytics providers, search information providers and recruitment agencies) and may receive information about you from them.
      • If you use the Platform while working for one of our customers, we will receive information (such as your email address, to create an account for you) from that customer. If you work for an organization, we may receive your name and contact details from partners who identify for us potential customers for our services (including attendees at events we sponsor).

      We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

   2. The Legal Basis for Collecting That Data

      There are a number of justifiable reasons under the GDPR that allow collection and processing of Personal Data. The main avenues we rely on are:

      • “Consent”: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service.
      • “Contractual Obligations”: We may require certain information from you in order to fulfil our contractual obligations and provide you with the promised service.
      • “Legal Compliance”: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
      • “Legitimate Interest”: We might need to collect certain information from you to be able to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests. Examples could be your address, so that we know where to deliver something to, or your name, so that we have a record of who to contact moving forwards.
3. HOW WE USE YOUR PERSONAL DATA

   We use information held about you in the following ways:

   • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
   • to provide customer support;
   • to personalize your experience;
   • to contact you about your account;
   • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
   • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
   • to provide you with our newsletter, security best practices and updates about our Platform;
   • to provide you with information about goods or services we feel may interest you;
   • to notify you about changes to our services;
   • to administer our Platform and our services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
   • to improve our Platform and our services and to ensure that content is presented in the most effective manner for you and for your computer or mobile device; and
   • as part of our efforts to keep our Platform safe and secure.

   If you no longer wish to receive our newsletters, product updates, or other marketing communications, you may unsubscribe from them at any time.

   Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

4. YOUR RIGHTS AND HOW YOU ARE PROTECTED BY US
   1. Your Rights

      YUnder certain circumstances, you have rights under data protection laws in relation to your personal data.

      If you wish to exercise any of the rights set out below, please contact us at privacy@opslycloud.com.

      You have the right to:

      Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

      Request correction> of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

      Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

      Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

      Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

      If you want us to establish the data's accuracy.

      • Where our use of the data is unlawful but you do not want us to erase it.
      • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
      • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

      Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you

      Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

      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 could refuse to comply with your request in these circumstances.

      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.

      Time limit to respond

      We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

      Complaints

      You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at privacy@opslycloud.com.

      Stopping Use of the Platform

      If you want to stop using the Platform and the Opsly services, you may do so. If you do, you may also want to remove any cookies that we have placed on any device used to access the Platform and the Opsly services.

      California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to info@opslycloud.com.

   2. How Does Opsly Cloud Ltd Protect Customers' Personal Data?

      We are concerned with keeping your data secure and protecting it from inappropriate disclosure. Any Personal Data collected by us is only accessible by a limited number of employees who have special access rights to such systems and are bound by obligations of confidentiality. If and when we use subcontractors to store your data, we will not relinquish control of your Personal Data or expose it to security risks that would not have arisen had the data remained in our possession. However, unfortunately no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Opsly Cloud Ltd to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us.

   3. Opting Out Of Marketing Promotions

      You can ask us to stop sending you marketing messages at any time by There will be an opt out button on the email.

      Where you opt out of receiving these marketing messages, we will continue to retain other Personal Data provided to us as a result of interactions with us not related to your marketing preferences.

5. YOUR DATA AND THIRD PARTIES
   1. Will We Share Your Data With Third Parties?

      We may share your information with the following, selected third parties:

      • business partners, service providers and sub-contractors for the performance of any contract we enter into with them or you;
      • service providers acting as processors who provide IT, customer management, recruitment administration and system administration services;
      • analytics and search engine providers that assist us in the improvement and optimization of our Platform.

      We may disclose your personal data to certain third parties in the following circumstances:

      • if we have your permission to do so;
      • third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may access and use your personal data;
      • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms applicable to the Opsly service and any other documents referred to in them; or to protect the rights, property, or safety of Opsly, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
      • To third parties to market their products or services to you if you have consented. We contractually require these third parties to keep personal data confidential and use it only for the purposes for which we disclose it to them.
   2. Third-Party Links

      This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.

6. HOW LONG WILL WE RETAIN YOUR DATA FOR?

   We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

7. INTERNATIONAL TRANSFER OF DATA

   Your information may be stored and processed in the US or other countries or jurisdictions outside the US where Opsly Cloud Ltd has facilities. We are currently storing data in the EU and so, by using Opsly Cloud Ltd, you are permitting and consenting to the transfer of information, including Personal Data, outside of the US.

   Your personal data may be shared with our affiliated companies and certain third parties who are based outside the UK and the European Economic Area (“EEA”), including in the United States of America. Any processing of your personal data by these parties will involve an export of your personal data outside the UK and the EEA. These other countries may have data protection rules that are different from your own country. We endeavour to ensure that people to whom we provide your personal data hold it subject to appropriate safeguards and controls.

   Whenever we transfer your personal data out of the UK and EEA, we will ensure that a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

   • We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or the UK Government from time to time. For further details, see here
   • We may transfer your Personal Data to countries that have not been deemed to provide an adequate level of protection for personal data by the European Commission or the UK Government – provided that, in these cases:
     • we may use specific appropriate safeguards approved by the European Commission and the UK Government, which are designed to give personal data the same protection it has in the EEA/UK (for example, requiring the recipient of personal data to enter into the relevant form of the so-called ‘Standard Contractual Clauses’ issued or approved from time to time); or
     • in very limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.
8. NOTIFICATION OF CHANGES AND ACCEPTANCE OF POLICY

   We keep our Privacy Policy under review and will place any updates on this webpage. By using Opsly Cloud Ltd, you consent to the collection and use of data by us as set out in this Privacy Policy. Continued access or use of Opsly Cloud Ltd will constitute your express acceptance of any modifications to this Privacy Policy.

9. TERMS OF USE

   Please also see our Terms of Use which set out the terms, disclaimers, and limitations of liability governing your use of Opsly Cloud Ltd.