This document refers to personal data, this is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The Data Protection Act (DPA), Privacy and Electronic Communications Regulations (PECR) and The General Data Protection Regulations (GDPR) which is EU wide and far more extensive, seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR does not apply to information already in the public domain such as Companies House data.
Gusto Marketing Limited is pleased to provide the following GDPR information:
Who we are
Gusto is a digital marketing agency principally involved in lead generation.
Gusto uses the information collected from you to provide quotations, make telephone contact and to email you marketing information which the agency believes may be of interest to you and your business. In you making initial contact you consent to Gusto maintaining a marketing dialogue with you until you either opt-out (which you can do at any stage) or we decide to desist in promoting our services.
Gusto also acts on behalf of its clients in the capacity of data processor. When working exclusively as a data processor, Gusto will be acting on the instruction of its client, and will work hard to ensure that the client is fully GDPR compliant.
Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally-identifying information like Internet Protocol (IP) addresses. Gusto may from time to time use such information to identify its visitors. Gusto may also collect statistics about the behaviour of visitors to its website.
Any information Gusto holds about you and your business, encompasses all the details we hold about you and any sales transactions including any third-party information we have obtain about you from public sources and our own suppliers such as credit referencing agencies.
Gusto will only collect the information needed so that it can provide you with marketing services, this agency does not sell or broker your data or that of our clients.
Legal basis for processing any Personal Data
To meet Gusto’s contractual obligations to clients and to also respond to marketing enquiries.
Legitimate interests pursued by Gusto and/or its clients
To promote the marketing services offered by Gusto and/or to market the services and/or products offered by Gusto’s clients.
Through agreeing to this privacy notice you are consenting to Gusto processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing the our Data Protection Officer (Charlie Martin) at email@example.com or by phoning (0)1392 269681 or writing to us, see last section for full contact details.
However, Gusto may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. The agency may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Gusto, its clients and/or the wider community.
Gusto will process personal data during the duration of any contract and will continue to store only the personal data needed for six years after the contract has expired to meet any legal obligations. After six years any personal data not needed will be deleted.
Data is held directly in the United Kingdom. Some third party software systems in the United States of America and Australia hold data, using different (multiple) servers.
Your rights as a data subject
At any point whilst Gusto is in possession of or processing your personal data, all data subjects, have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
In the event that Gusto refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.
At your request, Gusto can confirm what information it holds about you and how it is processed
You can request the following information:
- Identity and the contact details of the person or organisation (Gusto) that has determined how and why to process your data.
- Contact details of the data protection officer, where applicable.
- The purpose of the processing as well as the legal basis for processing.
- If the processing is based on the legitimate interests of Gusto or a third party such as one of its clients, information about those interests.
- The categories of personal data collected, stored and processed.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- How long the data will be stored.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to withdraw consent at any time.
- How to lodge a complaint with the supervisory authority (ICO).
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
- The source of personal data if it wasn’t collected directly from you.
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what Personal Data is held, identification will be required
Gusto will accept the following forms of ID when information on your personal data is requested:
A copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Gusto is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to the DPO (Charlie Martin) by email, firstname.lastname@example.org or by phoning 0044 (0) 1423 867264 or writing to us at the address further below.
In the event that you wish to make a compliant about how your personal data is being processed by Gusto or its partners, you have the right to complain to Gusto’s operations director (Charlie Martin). If you do not get a response within 30 days you can complain to the ICO.
The details for each of these contacts are:
Gusto Marketing Limited, attention of the Operations Director
25 Southernhay East, Exeter, Devon, EX1 1QP
Telephone (0)1392 269681 or email email@example.com
Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Telephone 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/