Compassion by Design

Compassion by Design's Privacy Statement

This document declares the undertakings by Compassion by Design in relation to its handling of Your Data.

Data Collection

Compassion by Design undertakes to collect Your Data by means that are:

fair;
legal; and
transparent.

If you visit Compassion by Design's web-site, your web-browser automatically discloses, and Compassion by Design's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as Compassion by Design.com). This data may or may not be sufficient to identify you.

If you disclose personal data to Compassion by Design in conjunction with an identifier such as your name or your credit-card details, Compassion by Design will collect Your Data. Moreover, any data that becomes available to Compassion by Design through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.

Subject to the qualifications immediately below, Compassion by Design undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:

where Compassion by Design reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where Compassion by Design has a lending exposure to you, and seeks information about your creditworthiness;
where Compassion by Design reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering YourData from other sources. This applies in particular to consumer profile data.

Where Compassion by Design collects Your Data from sources other than you, it undertakes:

to do so only by legal means;
to do so only with your Consent; and
to declare to you what sources it uses, and under what circumstances.

Compassion by Design undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

Data Security

Compassion by Design undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Compassion by Design undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.

Compassion by Design undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Compassion by Design undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by Compassion by Design's staff-members and contractors. These include:

training for staff in relation to privacy;
access control, to limit access to Your Data to those staff and contractors who have legitimate reasons to access it;
particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behaviour;
declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behaviour
clear communication of policies and sanctions; and
processes to audit, to investigate and to impose sanctions.

Data Use

Use refers to the application of Your Data by any part of Compassion by Design, or any staff-member or contractor of Compassion by Design in the course of their work.

Compassion by Design undertakes to use Your Data only for:

the purposes for which it was collected;
such other purposes as are subsequently agreed between Compassion by Design and You;
such additional purposes as may be required by law. In these circumstances, Compassion by Design will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
such additional purposes as are authorised by law (in particular to protect Compassion by Design's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Compassion by Design or have committed a breach of the criminal law).

Compassion by Design undertakes to use YourData only if it has demonstrable relevance to the particular use to which it is being put.

Compassion by Design undertakes to use YourData in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Data Disclosure

Disclosure refers to making YourData available to any party other than Compassion by Design and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Compassion by Design undertakes to disclose Your Data only under the following circumstances:

in the course of business being conducted between You and Compassion by Design, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, Compassion by Design undertakes to exercise control over Compassion by Design's contractors to ensure that their actions are compliant with these Terms;
in other circumstances that are directly implied by the purpose agreed between You and Compassion by Design at the time of data collection or subsequently. Where Your Data is disclosed in this way, Compassion by Design undertakes to exercise control over Compassion by Design's contractors to ensure that their actions are compliant with these Terms;
with your consent, or at your request;
where required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Compassion by Design will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Compassion by Design believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life of health of some person), provided that Compassion by Design will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Compassion by Design undertakes to disclose only such of Your Data as is necessary in the particular circumstances.

Data Retention and Destruction

Subject to the qualifications immediately below, Compassion by Design undertakes:

to retain Your Data only as long as is consistent with its purpose; and
to destroy Your Data when its purpose has expired, and to do so in such a manner that Your Data is not subsequently capable of being recovered.

This undertaking is qualified as follows:

Your Data may be retained in Compassion by Design's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
Your Data may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or sub poena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Compassion by Design:
- will take any reasonable steps available to it to communicate to You that Your Data is being retained, unless it is precluded from doing so by law; and
- will only retain Your Data while that provision is current, and will then destroy Your Data;
Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Compassion by Design's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Compassion by Design or have committed a breach of the criminal law). In these circumstances, Compassion by Design will only retain Your Data while that situation is current, and will then destroy Your Data.

Access by You to Your Personal Data

Compassion by Design undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Compassion by Design undertakes to enable access:

conveniently;
without unreasonable delay; and
without cost.

Compassion by Design undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Compassion by Design (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of Your Data, Compassion by Design undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.

You undertake:

not to seek access for frivolous purposes, or unreasonably frequently;
to accept that deletion of some data may not be consistent with the provision of particular services by Compassion by Design to you.

Information about Data-Handling Practices

Compassion by Design undertakes to make information available to you about the manner in which Compassion by Design handles your data:

in general terms, in a readily accessible manner; and
in more specific terms, on request.

Where Your Data is disclosed to a contractor, Compassion by Design undertakes to make information available to you on request about the manner in which Compassion by Design's contractors handle your data.

Compassion by Design undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

not to seek such information for frivolous purposes, or unreasonably frequently; and
to accept that the disclosure of excessive detail may harm the security of Your Data and Compassion by Design's business processes, and may harm Compassion by Design's commercial interests.

Handling of Enquiries, General Concerns and Complaints

If you have enquiries, general concerns, or complaints about these Terms, or about Compassion by Design's behaviour in relation to these Terms, you undertake:

to communicate them in the first instance:
- to Compassion by Design only;
- in sufficient detail;
- through a channel made available by Compassion by Design for that purpose;

Compassion by Design undertakes:

to provide one or more channels for communications to Compassion by Design, which are convenient to users;
to promptly provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Compassion by Design's reference-code for the communication;
to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue Compassion by Design through any Regulator or the media:

until and unless Compassion by Design has had a reasonable opportunity to respond to the initial communication; and
while Compassion by Design and you remain are conducting a meaningful dialogue about the matter.

Enforcement

Compassion by Design declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.

You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Compassion by Design, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Compassion by Design is domiciled or performed the relevant acts.

If you wish to discover the relevant laws in any particular jurisdiction, Compassion by Design draws your attention to the following resources:

WorldLII Privacy Links
Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
Privacy Law Sourcebook 2004, EPIC, Washington DC
the Australian Privacy Foundation's pages:
Privacy International

Changes to These Privacy Undertakings

Compassion by Design undertakes:

not to materially change these Terms in a manner that reduces the protections for Your Data;
to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to Your Data in a manner that reduces the protections for Your Data;
where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.

Definitions

Compassion by Design means <insert details of the organisation>.

Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Compassion by Design is capable of correlating with you, using such means as server-logs and cookie-contents.

Your Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Consent means your concurrence with an action to be taken by Compassion by Design. Consent may be express or implicit, but in either case must be informed and freely-given.