Privacy and Cookie Policy

1. Introduction and purpose of this privacy and cookie policy

1.1. Goldfish Telecom Ltd (Company Registration Number: 483641) (collectively referred to as “we”, “us” or “our” in this privacy and cookie policy) are committed to safeguarding the privacy of our website visitors.

1.2. In this privacy and cookie policy we explain how we will collect and process your personal information through your use of this website (including any data you may provide when you purchase a product or service, or otherwise provide any data to us).

1.3. We will ask you to consent to our use of cookies in accordance with the terms of this privacy and cookie policy when you first visit our website.

1.4. It is important that you read this privacy and cookie policy, together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy and cookie policy supplements the other notices and is not intended to override them.

1.5. This website is not intended for children and we do not knowingly collect data relating to children.

2. Controller and third party links

2.1. We are the controller and responsible for your personal data.

2.2. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy and cookie policy. If you have any questions about it (including any requests to exercise your legal rights) please contact our Data Privacy Manager by either:

(a) Post at Yarra Yarra, Beach Road, The Harbour, Greystones, A63 X954, or

(b) email at compliance@goldfish.ie

2.3. You have the right to make a complaint at any time to the Data Protection Commissioner’s Office (DPO), the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPO, so please contact us in the first instance.

2.4. This website 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 website, we encourage you to read the privacy policy of every website you visit.

3. Collecting personal data

3.1. Personal data, or personal information, 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).

3.2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

(a) Identity Data includes first name, last name, username or similar identifier.

(b) Contact Data includes billing address, delivery address, email address and telephone numbers.

(d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

(e) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

(f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

(g) Usage Data includes information about how you use our website, products and services, including traffic data.

(h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

3.3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy and cookie policy.

3.4. 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.

3.5. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

4. Personal data collection methods

4.1. We use different methods to collect data from and about you including through:

(a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide if you:

(i) apply for our products or services;

(ii) create an account on our website;

(iii) subscribe to our service or publications;

(iv) request marketing to be sent to you;

(v) give us your business card;

(vi) enter a competition, promotion or survey; or

(vii) give us some feedback.

(b) Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy in paragraphs 13 – 16 for further details.

(c) Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

· Technical Data from the following parties:

(i) analytics providers such as Google Analytics, Twitter Analytics based inside and outside the EU;

(ii) advertising networks Facebook, Twitter, Linkedin, Google Adwords based inside and outside the EU; and

(iii) search information providers Talk BPO (Ireland) Ltd, Mediadev, Leadev, Data Ireland based inside and outside the EU.

· Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as AIB Merchant Services, AIB Bank based inside the EU.

· Identity and Contact Data from:

(i) the business you represent;

(ii) businesses who may refer or introduce you (or the business you represent) to us based inside OR outside the EU;

(i) data brokers, aggregators such as Data Ireland based inside the EU

5. Using personal data

5.1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

(a) Where we need to perform the contract we are about to enter into or have entered into with you.

(b) 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.

5.2. Generally we do not rely on consent as a legal basis for processing your personal data other than:

(a) if you are not our existing customer or represent a corporate business, and you have given us your business card; or

(b) in relation to sending third-party direct marketing communications to you via email or text message.

You have the right to withdraw consent to marketing at any time by contacting us at compliance@goldfish.ie.

5.3. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

5.4. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at compliance@goldfish.ie if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including the basis of legitimate interest
To register you as a new customer, administer your account and manage our relationship with you	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to administer your account and manage our relationship with you)
If you are a representative of a business, to manage our relationship with that business or to discharge our contractual obligations to the business that referred your business to us	(a) Identity (b) Contact (c) Transaction	(a) Necessary for our legitimate interests (to manage our relationship with the business you represent, and to discharge our contractual obligations to the business who referred your business to us) (b) Necessary for the legitimate interests of the business you represent (to manage their relationship with us)
To process and deliver your order including:(a) Managing communications traffic(b) Managing payments, fees and charges(c) Preventing and detecting fraud(d) Collecting and recovering money owed to us or otherwise enforcing our legal rights	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Usage (f) Marketing and Communications	(a) Performance of a contract with you (b) Legal obligation (providing accurate billing information) (c) Necessary for our legitimate interests (traffic management; prevention and detection of fraud; recovering debts due to us or otherwise enforcing our legal rights)
To manage our relationship with you which will include:(a) Notifying you about changes to our terms or privacy and cookie policy(b) Asking you to leave a review or take a survey(c) Dealing with enquiries and complaints	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications (e) Financial (f) Transaction (g) Usage	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (providing accurate billing information and handling complaints) (c) Necessary for our legitimate interests (keeping our records updated and to study how customers use our products/services)
To enable you to partake in a promotion or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (using diagnostic analytics to assess the number of visitors, posts, page views, reviews and followers in order to optimise future marketing campaigns)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

5.5. If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

5.6. Marketing – we strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

(a) Promotional offers from us – we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing;

(b) Prospective clients – if you are not our existing customer or representing a corporate business and you have given us your business card because you are happy to hear from us, we may use your Identity and Contact Data to form a view on what we think you may want or need, or what may be of interest to you.

(c) Third-party marketing – we will get your express opt-in consent before we share your personal data with any other company for marketing purposes;

(d) Opting out – you can ask us or third parties to stop sending you marketing messages at any time by contacting us at compliance@goldfish.ie at any time. Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

5.7. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at compliance@goldfish.ie.

5.8. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

5.9. 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.

6. Disclosing personal data

6.1. We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above:

(a) Service providers acting as processors (including BICS, Magrathea, Viatel, VoIP Innovations, Airespring, Thinq, which may be used to provide certain products and services to you, based in Ireland, Belgium, the UK and USA. who provide database and other IT and system administration services).

(b) Marketing services providers based in Ireland who provide direct marketing services to us.

(d) Specific third parties such as Electromaster, Corporate Direct (Europe) Ltd, BNS, DPD, with whom we may need to share your personal data in order to provide certain requested products or services to you, including our range of business VoIP phones and related hardware products.

(e) Businesses who referred your business to us.

(f) Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in Ireland who provide consultancy, banking, legal, insurance and accounting services.

(g) Revenue, regulators and other authorities based in Ireland who require reporting of processing activities in certain circumstances.

(h) 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 use your personal data in the same way as set out in this privacy and cookie policy.

6.2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. International data Transfers if you based in the UK

7.1. Transfer of personal data outside the United Kingdom are subject to special rules under the UK Data Protection Legislation.

7.2. We may also transfer your personal data to providers based in EEA and relevant territories covered by an adequacy decision recognised by the UK. As of 04.12.2020 these countries include: Andorra, Argentina, Canada (commercial organisations only), Faroe Islands, Guernsey, Isle of Man, Israel, Japan (private sector organisations only), Jersey, New Zealand, Switzerland and Uruguay. The UK Government has recognised the EEA and those territories as providing an appropriate level of protection to the data protection rights of individuals.

8. International data transfers if you are based in the EEA

8.1. Transfers of personal data of individuals based in the EEA outside the EEA are subject to special rules under the EU Data Protection Legislation.

8.2. If you are based outside the EEA, we may receive and transfer your personal data directly to you to the country where you are based.

8.3. We may receive your personal data from Pebbletree Limited (our group company based in the UK) and other parties based in the EEA. We have entered into the standard contractual data protection provisions (Standard Contractual Clauses) with those parties. The Standard Contractual Clauses are one of the appropriate data transfer safeguards specified in the EU Data Protection Legislation.

9. Security of personal data

9.1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

9.2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9.3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

9.4. You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

10. Retaining personal information

10.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

10.3. In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. Updating information

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

12. Your legal rights

12.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

(a) See section 17.1 (a) “Request access to your personal data”.

(b) See section 17.1 (b) “Request correction of your personal data”.

(d) See section 17.1 (d) “Object to processing of your personal data”.

(e) See section 17.1 (e) “Request restriction of processing your personal data”.

(f) See section 17.1 (f) “Request transfer of your personal data”.

(g) See section 17.1 (g) “Right to withdraw consent”.

12.2. If you wish to exercise any of the rights set out above, please contact us at compliance@goldfish.ie and:

(a) you will not usually 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 may refuse to comply with your request in these circumstances;

(b) 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; and

(c) we try to respond to all legitimate requests within one month. Occasionally it may 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.

13. About cookies

13.1. Our website uses cookies to distinguish you from other users of our website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

13.2. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.3. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4. Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

14. Our cookies

14.1. We use both session and persistent cookies on our website. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

14.2. We use the following cookies:

(a) Strictly necessary cookies – these are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing service;

(b) Analytics/performance cookies – They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;

(c) Functionality cookies – These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region);

(d) Targeting cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

14.3. You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie	Name	Purpose	More information
ASP.NET_SessionIdFserverNginx cookiesoho66trackingidpersistent cookiepersistent cookie	ASP.NET_SessionIdFserverng_donotcachesoho66trackingidnQ_cookieIdnQ_visitId	Used to identify the users’ session on the server. The session being an area on the server which can be used to store data in between http requests. Records the name of the server that the website is being served from. Instructs nginx not to cache data. Records the start time of the user visit to the site. Identify user. Identify user session

14.4. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

15. Analytics cookies

15.1. We use Google Analytics to analyse the use of our website.

15.2. Our analytics service provider generates statistical and other information about website use by means of cookies.

15.3. The analytics cookies used by our website have the following names: _ga, _gat, __utma, __utmt, __utmb, __utmc, __utmz and __utmv.

15.4. The information generated relating to our website is used to create reports about the use of our website.

15.5. Our analytics service provider’s privacy policy is available at https://policies.google.com/privacy?hl=en.

16. Third-party cookies

16.1. Our website also uses third party cookies. A common example is an embedded YouTube video.

16.2. Details of the other third party cookies used by our website are set out below:

(a) what3words.com (id);

(b) zopim.io (_cfduid, cookie_utm_last_touch, refer_info, zte2095).

17. Glossary

17.1. Lawful Basis

(a) Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

(b) Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at compliance@goldfish.ie.

(c) Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

18. Your Legal Rights

18.1. You have the right to:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

(f) 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.

(g) 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.

19. Amendments

19.1. We may update this policy from time to time by publishing a new version on our website.

19.2. This version was last updated on 14 December 2020 and historic versions can be obtained by emailing us at compliance@goldfish.ie.

19.3. You should check this page occasionally to ensure you are happy with any changes to this policy.

19.4. We may notify you of changes to this policy by email or through the private messaging system on our website.