Version: 2.0. Last modified: May 24, 2018
1.1 We are committed to safeguarding the privacy of ThePaperBay.com visitors and users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of ThePaperBay.com visitors and users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 Our website incorporates privacy controls which affect how we will process your personal data. When creating an account, you can specify whether you would like to receive direct marketing communications. You can access the privacy controls when signing up. If you’d like to change them at a later point, you may do so in your profile.
1.4 In this policy, “we”, “us” and “our” refer to ThePaperBay.com.
- How we use your personal data
3.1 In this Section 3 we have set out:
- the general categories of personal data that we may process;
- the purposes for which we may process personal data; and
- the legal bases of the processing.
3.2 We may process the data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, languages, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system, as well as Google Analytics, Facebook Analytics, Mixpanel. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services to provide you with the best possible experience.
3.3 We may process your account data (“account data“). The account data may include your name, phone number and email address. You are the source of the account data. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.4 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include the information you’ve provided when placing an order or submitting a quote, including, but not limited to the personal data that may be contained in the files you’ve chosen to upload. Please do not share with us the files you are not permitted to use. Please do not upload or share with us the files that contain your personal information or personal information of third parties without permission. We may not guarantee that such personal information will be secured. You are the source of the service data. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.5 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
3.6 We may process information contained in any enquiry you submit to us regarding services you are interested in (“inquiry data“). The inquiry data may be processed for the purposes of offering, marketing and selling relevant services to you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business. We do not store sensitive information about your credit card.
3.8 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.9 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms including, but not limited to, the Zendesk feature. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.10 For payments matching certain criteria, we ask for documents to prove you are the registered account holder. This is so that we can prevent fraudulent transactions, such as people paying with stolen card details.
3.11 In order to establish the facts in case of a legal dispute, chargeback dispute, PayPal claim or any other dispute, we archive anything that might be relevant to the negotiation or performance of a contract (for example, messages or order instructions). Access to this archived data is strictly controlled so that only a few privileged employees can see it, and it is only ever used for the specific purpose of supporting a dispute case. Some of this data may be shared with our legal counsel and with relevant financial institution inquiring about the transaction in the unlikely event of a dispute.
3.12 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or] in order to protect your vital interests or the vital interests of another natural person.
3.13 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
- Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose your service data or inquiry data to our suppliers or subcontractors insofar as reasonably necessary for the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
4.4 Financial transactions relating to our website and services are handled by our payment services provider, PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of [processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds]. You can find information about the payment services providers’ privacy policies and practices at https://www.paypal.com/us/webapps/mpp/ua/legalhub-full
4.5 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.3 Internal and Business Transfers: ThePaperBay.com may share information, including Personal Information, with its parent company, subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
5.4 When placing an order or inquiry with our service, you agree that relevant data (service and/or inquiry data) will be made available to our list of hundreds of subcontractors, who may be located in different countries all over the globe. This is a necessary step to find the most suitable expert and ensure our contract performance – delivery of the work you’ve ordered. This is related only to service and inquiry data, and does not relate to your usage, account, transaction, publication, notification or correspondence data. It is therefore your responsibility to fully understand that we can not guarantee complete privacy of your service and inquiry data. You have to make sure that none of the data you wish to remain private is submitted when placing an order or inquiry with our service. ThePaperBay.com may not be held responsible for the security information needed to fulfil your order.
5.5 If your personal data cannot be processed within the EEA, we will comply with all data protection principles; where possible, choose a country that is on the list of the EU Commission’s countries that provide adequate protection for the rights and freedoms of data subjects; If the transfer is to the United States of America, we will use reasonable endeavors to make sure they participate in the Privacy Shield program; Make sure we have assessed the adequacy of protections in all other cases.
5.6 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.7 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
5.8 Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data as it is transmitted and stored, however we shall use best practice to ensure your data is encrypted to the standard required in the GDPR to protect your personal data.
- Retaining and deleting personal data
6.1 We will not retain your Personal Data for longer than required. We will keep your personal information:
- For as long as required by law
- Until we no longer have a valid reason for keeping it
- Until you request us to stop using it or delete it.
6.2 We may keep just enough of your Personal Data to ensure that we comply with your requests not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased even if it includes your personal data until such time as you are no longer our customer, or for tax purposes etc.
6.3 If you have questions about our Data Retention Policy, we can provide you a copy. Please contact: info@ThePaperBay.com.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy by email or through the private messaging system on our website.
- Your rights
8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: [the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims].
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
- consent; or
- that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to our Data Protection Officer at info@ThePaperBay.com
- Data protection officer
9.1 You may contact our data protection officer at info@ThePaperBay.com.