Privacy Policy

1 Introduction and Key Terms

 

Your privacy and the security of your personal data is very important to us. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do this we are subject to various laws in the United States, the General Data Protection Regulation (GDPR),  which applies across the European Union (including in the United Kingdom), and the California Privacy Rights Act (CPRA) and we are  responsible as “controller” of that personal information for the purposes of those laws.  

 

Key Terms and Definitions used in this policy:

 

We, us, our - One Creation Corporation

Personal Data - any information relating to an identified or identifiable individual

Data Subject - an individual whose Personal Data is being Processed

Processing - any operation or set of operations which is performed on Personal Data or on sets of Personal Data

2 Personal Information We Collect About You

 

We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer/individual.

 

This personal information is required to provide products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing said products and services to you.

2.1 Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)

  • Real name, email address

2.2 Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

  • Name, company name, country,  phone number

2.3 Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)

  • The One Creation web application you are visiting

  • The address of the web page you visited  immediately before, if any (the "referrer")   

  • Date and time of your visit

  • Properties of your device, particularly its operating system, the browser you use and your browser’s display window size

  • Your device's IP address on the internet

  • ID numbers which we store on your device. With these ID numbers we can recognize your device as a website user. Technically, these ID numbers are stored in so-called cookies or eTags.

  • Device IDs that consist of individual characteristics of your device.Based on these device identifiers,we can also recognize your device as a website user. Examples of such  device identifiers are the “identifier for  advertisers” of the Apple operating system iOS and the “advertising ID” of the operating  system Android

2.4 Geolocation data 

  • Country

2.5 Professional or employment-related information                       

  • Name, email, phone number, home address, employment history, education history   

                                                                           

3 How Your Personal Information is Collected

 

We collect most of this personal information directly from you either in person, by telephone, text or email and via our website and apps. However, we may also collect information in other ways:

 

  • From publicly accessible sources (e.g., LinkedIn, Google, other social media)

  • From a third party with your consent (e.g., your company) 

  • From cookies on our website

  • Through our IT systems, including

    • Our web application  

    • Automated monitoring of our websites and other technical systems, such as our computer networks and connections, access control systems, communications systems, email and instant messaging systems

4 How and Why We Use Your Personal Information

Under data protection laws, we can only use your personal information if we have a valid reason for doing so, such as:

  • The need to comply with our legal and regulatory obligations  

  • For the performance of our contractual obligations with you or to take steps at your request before entering into a contract 

  • For our legitimate interests which are when we have a business or commercial reason to use your information, as long as your own rights and interests do not override them

  • Where you have given consent

  • For those of a third party (defined below)

4.1 What We Use Your Personal Information For and Why

  • To fulfill subscription requests, orders for software and services made online and to provide other information you request

  • To provide customer support, and communicate with you about your orders, purchases or accounts with us, requests, questions and   comments

  • To prevent and detect fraud or other illegal activity

  • Conducting checks to identify our customers and verify their identity

  • Screening for financial and other sanctions or embargoes

  • Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulations

  • Ensuring business policies are adhered to, e.g. policies covering security and internet use

  • Operational reasons, such as improving efficiency, training and quality control.

  • Ensuring the confidentiality of commercially sensitive information

  • Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures

  • Preventing unauthorized access and modifications to systems and to protect the security and integrity of our website, systems, servers, and other technical assets

  • Updating customer records

  • To anonymize some of this data where we want to gain insights about history, processes, operations and customer experiences that do not require information that can be associated with an identifiable individual

  • Marketing our services and those of selected third parties to:

    • existing and former customers

    • third parties who have previously expressed an interest in our services

    • third parties with whom we have had no previous dealings

  • To meet legal requirements, or as required by a judicial process or a government request, and to establish, exercise or defend a legal claim

  • To comply with industry standards and our policies

The details above do not apply to special category personal information which we will only process with your explicit consent.

5 Promotional Communications

We may use your personal information to send you updates (via email, text message, telephone or postal services) about our products and services, including exclusive offers, promotions or new products and services.

We have a valid interest in processing your personal information for promotional purposes (see item 4 above, "How and Why We Use Your Personal Information"). This means we do not usually need your consent to send you promotional communications, however, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside of One Creation Corporation for marketing purposes.

You have the right to opt out of receiving promotional communications at any time. To do so, please either:

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

6 Who We Share Your Personal Information With

We may share your personal information with the following:

  • Service providers we use to help deliver our products and services to you, such as payment service providers, vendors and subcontractors

  • Other third parties we use to help us run our business, such as marketing agencies or website hosts

  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers

We only allow our service providers to handle your personal information if we are satisfied that they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers so that they can only use your personal information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a restructuring. We will typically anonymize information, but this may not always be possible and the recipient of the information will be bound by confidentiality obligations.

7 Personal Information We Sold or Disclosed for Business Purposes

 

We have not sold or disclosed to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

8 Where Your Personal Information is Held

Information may be held at our offices and our systems, third party agencies, service providers, representatives and agents as described above (see item 6 above, “Who We Share Your Personal Information With”).

Some of these third parties may be based outside the European Economic Area. For more information, including how we safeguard your personal information when this occurs see item 10 below, “Transferring Your Personal Information Out of the EEA”.

9 How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or while we are providing products and services to you. Thereafter, we will keep your personal information for as long as is necessary:

● To respond to any questions, complaints or claims made by you or on your behalf

● To demonstrate that we treated you fairly, or

● To maintain records that are required by law

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information we will delete or anonymize it.

10 Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

● With our offices outside of the EEA

● With our and your service providers located outside of the EEA

● If you are based outside of the EEA

● Where there is an international dimension to the services we are providing to you

These transfers are subject to special rules under European and UK data protection law.

The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information: [Andorra, Argentina, Canada (only commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay, and USA (if the recipient belongs to the Privacy Shield). Non-EEA countries (other than those countries the European Commission has assessed as providing an adequate level of protection for personal information) do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses by sending a request to privacy@one-creation.com.

If you would like further information, please contact us (see item 17 below, “How To Contact Us”).

11 Your Rights Under the GDPR

For further information on each of these rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

  • Right to access:

    • The right to be provided with a copy of your personal Information

  • Right to rectification:                           

    • The right to require us to correct any mistakes in your personal information

  • Right to be forgotten:                           

    • The right to require us to delete your personal information in certain situations

  • Right to restriction of processing:         

    • The right to require us to restrict the processing of your personal information in certain circumstances, e.g. if you contest the accuracy of the data

  • Right to data portability:                       

    • The right to receive the personal information you provided to us in a structured,                                                                     commonly used and machine readable format and/or transmit that data to a third party in certain situations

  • Right to object:                                     

    • The right to object at any time to your personal information being processed for direct marketing (including profiling). You may also object in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests

12  Your Rights Under the CCPA

Residents of the State of California have the right under the California Consumer Privacy Act of 2018 (CCPA) to the extent that the CCPA applies to the processing by us of their personal information and certain other privacy and data protection laws, as applicable, to exercise free of charge.

Regarding the disclosure of personal information we collect about you, you have the right to know:

  • The categories of personal information we have collected about you

  • The categories of sources from which the personal information is collected

  • Our business or commercial purpose for collecting or selling personal information

  • The categories of third parties with whom we share personal information, if any

  • The specific pieces of personal information we have collected about you

Please note that we are not required to:

 

  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained

  • Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information

  • Provide the personal information to you more than twice in a 12-month period

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

  • The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold

  • The categories of personal information that we disclosed about you for a business purpose.

  • You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of  the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, please contact us (see item 17 below, “How To Contact Us”).

Your right to deletion is subject to certain exceptions listed below.  Upon receipt of a verifiable request from you, we will: 

  • Delete your personal information from our records

  • Direct any service providers to delete your personal information from their records

  • Please note that we may not delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

  • Comply with the California Electronic Communications Privacy Act;

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

  • Comply with an existing legal obligation; or

  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information

When you exercise any of your rights under the CCPA, you have the right to not be discriminated against by us. This means that we cannot, among other things:

  • Deny goods or services to you

  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties

  • Provide a different level or quality of goods or services to you

  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services

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Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to   you, if that difference is reasonably related to the value provided to our business by your personal information.

13 Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

14 How to Exercise Your Rights

If you would like to exercise any of your rights as described in this Privacy Policy, please email us at  privacy@one-creation.com.  Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. 

If you choose to contact us directly by email, you will need to provide:

  • Your full name, email address and customer or matter reference number when applicable

  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill)

  • A description of what right you want to exercise and the information to which your request relates

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

15 How to File a GDPR Complaint

We hope that we can resolve any question or concern you have about our use of your information.

The General Data Protection Regulation also gives you the right to submit a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

16 Changes to This Privacy Notice

This privacy notice was published on 12/17/2020. We may change this privacy notice from time to time and when we do, we will inform you via our website.  Your continued use of the website following the posting of changes to this Privacy Policy means you accept those changes.

 

17 How to Contact Us

If you have any questions or concerns about this Privacy Policy or the information that we hold about you, please contact us at  privacy@one-creation.com.

18 Your Acceptance of These Terms

By using this website, you accept and agree to the terms of this Privacy Statement.

 

19 Requesting Privacy Policy Information in Another Format

If you would like this notice in another format  please contact us at  privacy@one-creation.com.

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