Privacy Policy

Last updated: 5 March 2021

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors, service users, individual customers and customer personnel at www.themarketingpalette.com.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; 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. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection and sharing of your personal data. You can access the privacy controls via the forms on our website, through the link in the footer of the emails you receive from us or via the personal data removal form mentioned in Section 8.

1.4 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. You can change or withdraw your consent on our Cookie Declaration page mentioned in Sections 11 and 12. 

1.5 In this policy, “we”, “us” and “our” refer to The Marketing Palette. For more information about us, see Section 15.

2. Credit

This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/privacy-policy).

3. The personal data that we collect

3.1 In this Section 3 we have set out the general categories of personal data that we process.

3.2 We may process data enabling us to get in touch with you (“contact data“). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

3.3 We may process information relating to transactions, including purchases of services, that you enter into with us (“transaction data“). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you.

3.4 We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication 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.

3.5 We may process 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, 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 marketing, sales and analytics tracking systems and our hosting provider (see a list of third-party data processors we use in Section 5).

4. Purposes of processing and legal bases

4.1 In this Section 4, we have set out the purposes for which we may process personal data and the legal bases of the processing.

4.2 Operations – We may process your personal data for the purposes of providing our services, generating invoices, bills and other payment-related documentation, and credit control. 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.

4.3 Publications – We may process contact data, communication data and/or usage data for the purposes of publishing your comments on our blog. The legal basis for this processing is consent. The email field information of our comment feature will not be published on our blog. With the exception of the email field information, none of the information you provide using the comment feature is protected by this Privacy Policy. All such information is public information and may be seen, collected or used by any user of our website.  

4.4 Relationships and communications – We may process your personal data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our website, services and business.

4.5 Direct marketing – We may process contact data and/or usage data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or making contact by telephone for marketing-related purposes. The legal basis for this processing is consent. 

4.6 Research and analysis – We may process usage data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent. 

4.7 Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

4.8 Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

4.9 Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

4.10 Legal claims – We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

4.11 Legal compliance and vital interests – We may also process 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.

5. Service providers / Third-party data processors 

6. Providing your personal data to others

6.1 We do not sell your data to third parties.

6.2 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 and obtaining professional advice. 

6.3 Your personal data held in our website database will be stored on the servers of our hosting services provider, transip.nl.

6.4 We may disclose your information to our service providers. We use service providers who help us to provide you with our services. We may give them access to your information, but only to the extent necessary for them to perform their services for us. Our service providers operate according to the General Data Protection Regulation (GDPR). See a list of our service providers and links to their privacy policies in Section 5.

6.5 In addition to the specific disclosures of personal data set out in this Section 6, 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.

7. International transfers of your personal data

7.1 We do not sell your data to third parties.

7.2 In this Section 7, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Union.

7.3 Some of our service providers (eg. HubSpot, Google Analytics) are situated outside of the European Union. They operate according to the General Data Protection Regulation (GDPR). See a list of our service providers and links to their privacy policies in Section 5.

7.4 You acknowledge that personal data that you submit for publication through our website (eg. commenting feature on our blog) may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

8. Retaining and deleting personal data

8.1 This Section 8 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

8.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

8.3 We will delete your personal information when we no longer need such personal information, for instance where:

i. it is no longer necessary for us to retain your personal information to fulfil the purposes for which we had collected it; 

ii. we believe that your personal information that we hold is inaccurate; or 

iii. in certain cases where you have informed us that you no longer consent to our processing of your personal information. 

8.4 If you want to remove all your personal data from our systems you can send us a request by filling out our personal data removal form. Data that is deleted from our service providers may remain as residual copies on offsite backup media up to 12 months afterward.

8.5 Notwithstanding the other provisions of this Section 8, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, in relation to legal disputes, in order to enforce our agreements, or in order to protect your vital interests or the vital interests of another natural person.

9. Your rights

9.1 In this Section 9, we have listed the rights that you have under data protection law.

9.2 Your principal rights under data protection law are:

(a) the right to access – you can ask for copies of your personal data;

(b) the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c) the right to erasure – you can ask us to erase your personal data;

(d) the right to restrict processing – you can ask us to restrict the processing of your personal data;

(e) the right to object to processing – you can object to the processing of your personal data;

(f) the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g) the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h) the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://gdpr-info.eu/chapter-3/.

9.4 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below, in Section 15.

10. About cookies

10.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

10.2 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.

10.3 Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

11. Cookies used on our website

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 Please review our Cookie Declaration for information on all cookies used and how we have categorised them. Links to the privacy policies of our service providers are included in the cookie declaration.

11.3 Our service providers include, but are not limited to Google Analytics and HubSpot. Google Analytics and HubSpot gather information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about the specific cookies used by reviewing our Cookie Declaration. Links to the privacy policies of all our service providers are included in the cookie declaration. 

12. Managing cookies

12.1 You can change or withdraw your consent on our Cookie Declaration page.

12.2 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647 (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.3 Blocking all cookies will have a negative impact upon the usability of many websites.

12.4 If you block cookies, you will not be able to use all the features on our website.

13. Safety of children

Our services are not intended for and may not permissibly be used by individuals under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not give us any personal information. If it comes to our attention that we have collected or processed personal data from a person under the age of 13, we will endeavour to delete that information from our databases. If you have reason to believe that this has occurred, please contact us by using the contact details mentioned in Section 15.

14. Amendments

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

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

14.3 We may notify you of changes to this policy by email.

15. Our details

15.1 This website is owned and operated by Laura Tufis, owner of the Marketing Palette.

15.2 The Marketing Palette is registered in the Netherlands under registration number 69607680, VAT: NL002477285B55, at the address: Borneostraat 24, 3531 PK, Utrecht.

15.3 The principal place of business is at Borneostraat 24, 3531 PK, Utrecht.

15.4 You can contact us:

(a)    using our website contact form;

(b)    by email, at info [at] themarketingpalette.com.