Updated: November 2021
Next Review Date: November 2022
If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.
1. The Basics
A. About Us
Empower Agency Ltd is a digital marketing agency, a company headquartered in London, UK (“we,” “us,” “our,” and “Empower“).
Our Service includes helping our Customers to, among other things, send and manage email campaigns across channels, serve advertisements, and create websites. We also provide other related marketing services, such as data analytics and audience insights to help our customers improve their marketing activities. Find out more about our services here.
B. Key Terms
“Contact” is a person a customer may contact through our Service. In other words, a Contact is anyone on a Member’s Distribution List about whom a Member has given us information or is anyone who has otherwise interacted with a Member via the Service. For example, if you are a Member, a subscriber to your email marketing campaigns or a shopper to your Website or Landing Page would be considered a Contact.
“Customer” means any person or entity that is working with us to use our services.
“Distribution List” is a list of contact details and all associated information related to those contacts (for example, email addresses)
“Personal Information” means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“Visitor” means, depending on the context, any person who visits any of our Empower websites, offices, or otherwise engages with us at our events or in connection with our marketing or recruitment activities.
“you” and “your” means, depending on the context, either a Customer, a Contact, or a Visitor.
2. Privacy for Customers
This section applies to the Personal Information we collect and process from a Customer or potential Customer through the provision of our services, including features offered through the Service. If you are not a Customer, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, “you” and “your” refer to Customer and potential Customers.
A. Information We Collect
The Personal Information that we collect depends on the context of your interactions with Empower, the services you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:
(i) Information you provide to us: You (or your organization) may provide certain Personal Information to us when you sign up as a client with Empower and use our services, consult with our team, send us an email, or communicate with us in any other way.
This information may include:
- Business contact information (such as your name, job title, organization, location, phone number, email address, and country);
- Marketing information (such as your contact preferences);
- Troubleshooting and support data (which is data you provide or we otherwise collect in connection with support queries we receive from you. This may include contact or authentication data, the content of your chats and other communications with us, and the product or service you are using related to your help inquiry); and
- Payment information (including your billing address).
Service Usage Data may include:
- Device information: We collect information about the device and applications you use to access the Service, such as your IP address, your operating system, your browser ID, viewfinder size, and other information about your system and connection.
- Log data: Our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP addresses and your activity in the Service (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take (for example, which features you used)), device event information (such as system activity, error reports (sometimes called ‘crash dumps’)), and hardware settings.
- Usage data: We collect usage data about you whenever you interact with our Service, which may include the dates and times you access the Service and your browsing activities (such as what portions of the Service you used, session duration, links clicked, non-sensitive text entered, and mouse movements).
(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners.
Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Information we collect, to enhance our ability to provide relevant marketing and content to you.
B. Use of Personal Information
We may use the Personal Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:
- To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
- To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
- To prosecute and defend a court, arbitration, or similar legal proceeding.
- To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
- To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and services for our Members. Our data analytics projects use data from Empower accounts, including Personal Information of Contacts, to provide and improve the Service. Contact can opt out of data analytics projects at any time by emailing us at firstname.lastname@example.org. As always, we take the privacy of Personal Information seriously, and will continue to implement appropriate safeguards to protect this Personal Information from misuse or unauthorised disclosure.
C. Cookies and Tracking Technologies
We and our third-party partners may use various technologies to collect and store Service Usage Data when you use our Service (as discussed above), and this may include using cookies and similar tracking technologies, such as pixels. We use this information to measure the performance of email campaigns, to provide analytics information, enhance the effectiveness of our Service, and for other purposes described above. Reports are also available to us when we send email to you, so we may collect and review that information.
D. Your Data Protection Rights
Depending on the country in which you reside, you may have the following data protection rights:
- To access; correct; update; port; delete; restrict; or object to our processing of your Personal Information.
- The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and UK are available here and Switzerland are available here.
- Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.
3. Privacy for Visitors
This section applies to Personal Information that we collect and process when you visit the Empower website, and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities or when you visit our offices. In this section, “you” and “your” refer to Visitors.
A. Information We Collect
(i) Information you provide to us on the Empower website or otherwise: Our Empower website offer various ways to contact us, such as through form submissions, email or phone, to inquire about our company and Service. For example, we may ask you to provide certain Personal Information when you express an interest in obtaining information about us or our Service, take part in surveys, subscribe to marketing, apply for a role with Empower, or otherwise contact us. We may also collect Personal Information from you in person when you attend our events or trade shows, if you visit our offices (where you will be required to register as a visitor and provide us with certain information that may also be shared with our service providers) or via a phone call with one of our sales representatives. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we may keep copies of any such communications for our records.
The Personal Information we collect may include:
- Business contact information (such as your name, phone number, email address and country);
- Professional information (such as your job title, institution or company);
- Nature of your communication;
- Marketing information (such as your contact preferences); and
- Any information you choose to provide to us when completing any ‘free text’ boxes in our forms.
The information we collect automatically includes:
- Device information: such as your IP address, your browser, operating system, device information, unique device identifiers, mobile network information, request information (speed, frequency, the site from which you linked to us (“referring page”), the name of the website you choose to visit immediately after ours (called “exit page”), information about other websites you have recently visited, the web browser you used (software used to browse the internet) including its type and language), and viewfinder size and scripts errors.
- Usage data: such as information about how you interact with our emails, Empower websites, and other websites (such as the pages and files viewed, session duration, links clicked, searches, non-sensitive text entered, operating system and system configuration information and date/time stamps associated with your usage).
B. Use of Personal Information
We may use the information we collect through our Empower website and in connection with our events and marketing activities (alone or in combination with other data we collect) for a range of reasons in reliance on our legitimate interests, including:
- To provide, operate, optimise, and maintain the Empower website.
- To send you marketing information, product recommendations and non-transactional communications (e.g., email, telemarketing calls, SMS, or push notifications) about us, in accordance with your marketing preferences, including information about our products, services, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent.
- For recruitment purposes if you have applied for a role with Empower.
- To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.
- To manage the Empower website and system administration and security.
- To manage event registrations and attendance, including sending related communications to you.
- To register visitors to our offices for security reasons and to manage non-disclosure agreements that visitors may be required to sign.
- To improve the navigation and content of the Empower website.
- To identify any server problems or other IT or network issues.
- To process transactions and to set up online accounts.
- To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
- To help us provide, improve and personalise our marketing activities.
- To facilitate the security and continued proper functioning of the Empower Sites.
- To carry out research and development to improve our Empower website, products and services.
- To conduct marketing research, advertise to you, provide personalised information about us on and off the Empower website, and to provide other personalised content based on your activities and interests to the extent necessary for our legitimate interests in supporting our marketing activities or advertising our Service or instances where we seek your consent.
- To carry out other legitimate business purposes, as well as other lawful purposes, such as data analysis, fraud monitoring and prevention, identifying usage trends and expanding our business activities in reliance on our legitimate interests.
- To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Empower websites and services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests.
C. Public Information and Third-Party Websites
- Blog. We have public blogs on the Empower website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at email@example.com. If we are unable to remove your information, we will tell you why.
- Social media platforms and widgets. The Empower Sites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Empower website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Empower website. We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.
D. Cookies and Tracking Technologies
E. Other Data Protection Rights
Depending on the country in which you reside, you may have the following data protection rights:
- To access; correct; update; port; delete; restrict or object to our processing of your Personal Information. You can exercise these rights by emailing firstname.lastname@example.org.
- You may also have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
- Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. You can also contact us at any time to update your marketing preferences (see Section 5. General Information, C. Your Choices and Opt-Outs below).
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.
4. General Information
A. How We Share Information
(ii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
(iv) Any other person with your consent.
We may also share information with selected third parties for statistical or research purposes that has been aggregated and made unidentifiable to the third party.
B. Legal Basis for Processing Personal Information (EEA and UK Persons Only)
If you are located in the EEA or UK, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
Where required by law, we will collect Personal Information only where we have your consent to do so.
If you have questions or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions and Concerns” section below.
C. Your Choices and Opt-Outs
(i) Marketing: Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
(ii) Data Analytics: Our data analytics projects use data from analytics accounts, including Personal Information of Members and Contacts, to provide and improve the Service. You can opt out of data analytics projects at any time by emailing us at email@example.com.
D. Our Security
We take appropriate and reasonable technical and organizational measures designed to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us at firstname.lastname@example.org.
E. International Transfers
Empower is headquartered in and has offices in the United Kingdom and our servers are also located in the United Kingdom. This means data we process may be transferred to, stored, or processed in the United Kingdom.
F. Retention of Data
We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:
- Whether we have a legal or contractual need to retain the data.
- Whether the data is necessary to provide our Services
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or de-identify it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
G. Do not Track
H. Changes to this Policy
J. Questions & Concerns
If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please send an email to email@example.com. For the purposes of EU data protection legislation, Empower Agency Ltd is the controller of your Personal Information. Our Data Protection Officer can be contacted at firstname.lastname@example.org. You may also contact us by postal mail or email at:
For EEA and UK Residents:
If you are located in the EEA or the United Kingdom and have questions about your personal data or would like to request access, update, or delete it, you may contact our representative at:
Data Protection Officer
69 Coborn Road, London E3 2DB