Privacy Policy

Effective Date:16 September 2021, Version: 1.0

1.    INITIAL PROVISIONS

This "Privacy Policy" describes the way Velaris collects, processes, and protects Personal Data. Velaris is committed to protecting your PersonalData in accordance with applicable Data Protection Laws. Please, read this PrivacyPolicy carefully, whereas it contains valuable information, such as who we are, how we take care of your Personal Data, and how you can exercise your privacy rights. Make sure you fully understand this Privacy Policy before interacting with us, and feel free to contact us via the email address listed below, if you have any questions.

This Privacy Policy applies to the processing of Personal Data where Velaris is the controller, whether within the Velaris Platform, during the provision of the Service, in its systems, and any applications operated by Velaris. This Privacy Policy also applies to processing Personal Data of Velaris' website visitors and to individuals, representatives of our business partners or potential clients that contact us via our website. This Privacy Policy shall also apply to job applicants that apply for any job position at Velaris.

The provisions of this Privacy Policy shall apply from the Effective Date stated above.

2.    DEFINITIONS

Throughout this Privacy Policy, the following capitalised definitions have the following meaning:

"Account"
means the account to  which each customer receives access as part of the Service;
"CCPA"
means the California  Consumer Privacy Act, California Civil Code §§1798.100 et seq., including any  amendments and implementing regulations that become effective on or after the  effective date of this Data Processing Addendum;
"Data  Protection
Laws"
means, as applicable to a party and its processing of Personal Data: (i)UK Data Protection Law, (ii) EU Data Protection Law, (iii) CCPA and any national data protection laws made under the CCPA, and (iv) any other law applicable for the provision of the Service;
"EU Data
Protection Law"
means (i) Regulation  2016/679 of the European Parliament and of the Council on the protection of  natural persons with regard to the processing of Personal Data and on the  free movement of such data (General Data Protection Regulation) (the "GDPR"),  (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any  applicable national data protection laws made under, pursuant to or that  apply in conjunction with any of (i), or (ii); in each case, as may be  amended or superseded from time to time;
"Personal Data"
means any information relating to an identified or identifiable natural person as  defined in the applicable Data Protection Laws;
"Service"
means the access to the Velaris Platform and its use by the customers;
"Territory"
means the United Kingdom;
"UK Data
Protection Law"
means: (i) the GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (the"UK GDPR"); (ii) the EU e-Privacy Directive (Directive2002/58/EC); and (iii) all applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (i) or (ii); in each case, as may be amended or superseded from time to time;
"User"
means a specific person that each customer authorises to receive access to the Account;
"Velaris"
means MANANTIAL LTD, doing business as Velaris, a company incorporated under the laws of England and Wales with company number 13088838 and its affiliates; Velaris shall also be referred to as "we" or"us";
"Velaris
Platform"
means the software as a service (SaaS) platform owned and maintained by Velaris, including all modifications and enhancements; and
the terms "Controller", "Processor","Process", "Processing", and "Data Subject" shall have the same meanings given to them under the UK GDPR or GDPR, as applicable.
3.    PERSONAL DATA WE PROCESS
  1. VELARIS PLATFORM
    • When you create the Account and use the Velaris Platform, we may collect and process the following Personal Data about you:
      • full name;
      • company name;
      • industry;
      • email;
      • payment data and information about your subscription;
      • information about your use of the Service;
      • information we collect automatically ‚Äď IP address, device type, browser type, broad geographic location; and
      • any further information that you decide to share with us.
  2. VELARIS WEBSITE
    • Whenever you visit our website and interact with it, such as contact us via our contact form, book a demo with us, or sign up for a newsletter, we may collect the following Personal Data about you:
      • full name;
      • email or other contact details such as an address or phone number;
      • newsletters you signed up for (if applicable);
      • information we collect automatically ‚Äď IP address, device type, browser type, broad geographic location;
      • any further information that you decide to share with us.
  3. VELARIS CAREERS
    • When you apply for a job at Velaris, we may collect and process the following categories of Personal Data:
      • full name;
      • email or other contact details such as an address or phone number;
      • ¬†information from your CV and cover letter;
      • criminal record; and
      • any further information that you decide to share with us during the recruitment process.
4.    REASONS FOR PROCESSING
  1. VELARIS PLATFORM
    • To provide you with the Service when you create the Account, we need to process Personal Data necessary for its creation (e.g. name, surname, company name, email).
      Legal Basis: The legal basis for the processing of such Personal Data is the performance of a contract or precontractual relations.
  2. VELARIS WEBSITE
    • When you contact us via the contact form on our website, we process your Personal Data to respond to your requests or provide you with the information requested by you.
      Legal Basis: The legal ground for the processing of such Personal Data is your consent. You can withdraw your consent at any by sending a message to legal@velaris.io
  3. VELARIS CAREERS
    • If you apply for a job position at Velaris through our Jobs page, contact us regarding the job position directly, or we receive your Personal Data from a recruiter, we will process the Personal Data provided to us to handle your job application. For particular positions, you may be asked to provide us with your criminal record. We may as well conduct pre-employment screening to verify the truthfulness of provided information.
      Legal Basis: The legal ground for processing this Personal Data is the performance of contract or pre-contractual relations or your consent (as applicable).
    • We may keep your CV in our internal database for further purposes, such as possible future collaboration with you. Legal Basis: The legal ground for the processing of such Personal Data is your consent. You can withdraw your consent at any time by sending a message to legal@velaris.io.
  4. LEGAL OBLIGATIONS
    • We may share your PersonalData with relevant government authorities to comply with applicable legal requirements and to respond, prevent any potential or actual claims, liabilities, and criminal activity.
      The legal basis for the processing of such Personal Data is our legal obligation.
5.    COOKIES
  1. COOKIES
    • Our website uses cookies to collect information about individuals who visit our website. Cookies are small text files stored on your device designed to hold a signature specific to this particular device and website and can be accessed either by the web server or the customer's computer.
    • Cookies help us to operate and provide essential features and functionality on our website. They help us to understand how our website is being used. We also use cookies for statistical and analytical purposes to track and monitor what country, what pages and what method was used to visit our website to enable further personalisation.
    • Additionally, cookies help us deliver online advertising that we believe is most relevant to you.Cookies are also used for profiling. Cookies can help us to understand how our website is being used, for example, by telling us if you get an error message as you browse.
    • At the moment, we also use third party cookies, namely:
      • Google Analytics, where information about your use of the website is transmitted and stored by Google on servers in the United States. Google then uses this information to evaluate your use of our website to generate reports on website activity that we can further use to improve our website. You can find out more about how Google processes Personal Data on https://policies.google.com/technologies/partner-sites; and
      • Hotjar, where information about your device and your use of our website is collected to better understand where users like you spend time on our website (i.e., website heat maps) and how this differs across different devices and screen sizes to evaluate further and improve the experience users have. You can find out more about how Hotjar processes Personal Data on https://www.hotjar.com/legal/policies/privacy/.
  2. DISABLING COOKIES
  3. WEB BEACONS
    • Apart from cookies, Velaris may use electronic images called "web beacons" mainly contained in our emails and websites, communications generated from using or registering for Velaris Platform, such as promotional emails. Web beacons generally work in conjunction with cookies, and we may use them in the same way we use cookies (see above).
6.    DATA RETENTION
  1. Velaris shall not keep your Personal Data longer than necessary for the purpose for which they are processed. For how long Velaris holds your PersonalData depends on what legal basis is used:
    • legitimate interest: we will process your Personal Data for as long the given legitimate interest is in place;
    • legal obligation: the retention period is prescribed by applicable legal regulations;
    • performance of a contract:Personal Data will be processed for the duration of the contractual relationship and applicable limitation period;
    • consent: Personal Data will be processed only after the consent is given, if you withdraw your consent, your Personal Data shall be erased. You can withdraw your consent to PersonalData processing anytime at legal@velaris.io.
  2. Velaris shall not store Personal Data provided by you or collected automatically during any phone calls, or during another form of communication (such as emails or messages) for a longer period than what is necessary, given the purposes for which they were provided or collected. Moreover, you can withdraw your consent to process your Personal Data at any time by sending the message to legal@velaris.com, in which case we will remove your Personal Data from our systems.
7.    DATA SHARING AND TRANSFERS TO THIRD COUNTRIES
  1. We do not share your Personal Data with any third party except for the following situations and categories of recipients:
    • our third party service providers and partners (such as hosting or analytical tools), which is necessary to ensure better provision of the Velaris Platform;
    • relevant governmental agencies, law enforcement bodies, or other third parties when disclosure is necessary to ensure compliance with applicable laws or regulations (such as legal, tax, accounting and audit services);
    • our marketing partners who may contact you on our behalf if you register to receive information about marketing and promotional events; or
    • any other third party based on your explicit consent.
  2. Your Personal Data will be stored within the Territory unless Velaris needs to transfer your Personal Data. In case of such transfer, Velaris will ensure compliance with the applicable Data Protection Laws.
  3. If third party providers are located outside the Territory, and such data transfer includes Personal Data of Data Subjects residing in the Territory, Velaris shall ensure that such transfer will happen only if the country of origin of third party provider can provide adequate levels of protection based on the adequacy decision of the respective supervisory authority, alternatively, Velaris will enter into agreements with the corresponding Standard Contractual Clauses or binding corporate rules that will apply to such transfer.
8.    PROTECTING AND SECURING YOUR PERSONAL DATA
  1. We have adopted several administrative, physical, and technical safeguards to ensure the appropriate level of protection for the Personal Data we collect about you.
  2. Our aim is to eliminate unlawful access, use, transfer, processing, transmitting, loss, or damage to your Personal Data. Despite all efforts, we cannot guarantee that electronic transmission over the Internet or information storage technology is perfectly secure.
  3. Velaris protects your Personal Data by measures such as:
    • encrypting data;
    • using passwords and other access management and restricting access to your Personal Data (using multiple levels of internal system logs, enforcing strong password policy);
    • using strong securityIT tools (such as firewalls, antivirus, anti-malware software);
    • implementing appropriate physical security of premises where the Personal Data is stored, such as implementing controls on-premise entry;
    • penetration testing;
    • education of personnel in privacy and data protection measures;
  4. Measures adopted by Velaris do not deprive its Users of their duties to undertake appropriate steps to ensure the security of their Personal Data. We highly recommend that our Users regularly change their passwords, not choose an obvious or very predictable password, and not disclose their passwords to others.
9.    RIGHTS OF THE UK AND EU USERS
  1. If you are a resident of the United Kingdom or the European Union, the UK GDPR or the GDPR (as applicable) provide you with the following rights:
    • RIGHT OF ACCESS
      • We will inform you about the collection and use of your Personal Data, including the purposes for its processing, retention periods, and who is thePersonal Data shared with (privacy information). If you would like to get such information, please contact us at legal@velaris.io. If we process your PersonalData, we will provide you with the following information:
        • name and contact details of our organisation and, if applicable, contact details of our representative;
        • purposes of the processing;
        • the lawful basis for the processing;
        • the legitimate interests for the processing (if applicable);
        • the categories of Personal Data obtained;
        • the recipients or categories of recipients of Personal Data;
        • the details of transfers (if applicable);
        • information about your rights;
        • the sources of your Personal Data; and
        • the details of the existence of automated decision-making, including profiling, including profiling under Article 22 (1) and (4) UK GDPR or GDPR (as applicable).
    • RIGHT TO RECTIFICATION
      • You have the right to request that anything inaccurate in your Personal Data is corrected immediately. If you would like to exercise this right, please contact us at legal@velaris.io.
    • RIGHT TO ERASURE
      • You are also entitled to have your Personal Data erased; this right is commonly known as the "right to be forgotten". Bear in mind that this right is not absolute and applies only in certain circumstances, and we might be allowed or even obliged to keep some of your Personal Data despite your deletion request. If you wish to exercise this right, please contact us at legal@velaris.io.
    • RIGHT TO RESTRICT PROCESSING
      • In given cases, you may have right to exercise your right to restrict the processing of your Personal Data:
        • where you contest the accuracy of the Personal Data, and we are verifying its accuracy;
        • the Personal Data has been unlawfully processed (i.e., in breach of the lawfulness requirement), and you oppose erasure and requests restriction instead;
        • we no longer need your Personal Data, but it is required to establish, exercise, or defend a legal claim; or
        • you have objected to the processing of your Personal Data under Article21(1) UK GDPR or GDPR (as applicable), and we are considering whether our legitimate grounds override those of the individual.
      • You may ask for a restriction of processing by contacting us at legal@velaris.io.
    • RIGHT TO DATA PORTABILITY
      • You have the right to receive Personal Data that you have provided to us in structured, commonly used and machine-readable format. As part of your right, we shall also transmit such Personal Data directly to another controller if you wish so. If you would like to obtain your Personal Data in such form, please contact us at legal@velaris.io.
    • RIGHT TO OBJECT
      • You have the right to object to the processing of your Personal Data in certain circumstances, such as direct marketing, this also includes the profiling of Personal Data that is also related to direct marketing or when processing is based upon public tasks or legitimate interests.
      • The exercise of your right may be limited, as we might be obliged to keep any of your Personal Data for compliance with legal obligations, for the establishment, exercise or defence of legal claims or any other compelling reasons as provided by the Data Protection Laws. If you would like to exercise this right, contact us at legal@velaris.io.
    • RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION MAKING AND PROFILING
      • You have the right to object to any automated individual decision-making, which means a decision made without any human involvement. At Velaris, we do not make solely automated decisions, including those based on profiling that has a legal or a similarly significant effect on individuals. However, for completeness, Velaris uses cookies and similar technologies that may amount to profiling. If you wish to exercise your right, please contact us at legal@velaris.io.
    • RIGHT TO FILE A COMPLAINT
10.    CCPA NOTICE
  1. Consumers residing in California have some additional rights in respect to their Personal Data under the CCPA. If you are a California resident, this section applies to you and supplements the above policy.
    • YOUR CALIFORNIAN CONSUMER RIGHTS
      • Where the CCPA applies to the processing of your Personal Data, you are entitled to the following rights:
        • Right to notice
          ‚ÄćYou have theright to be informed about how your Personal Data will be used. We have goneinto detail about how we process your Personal Data in Clause 4 of this PrivacyPolicy.
        • Right of access
          ‚ÄćYou are entitled to beinformed about what Personal Data Velaris processes about you, for whatpurposes and who are the recipients of your Personal Data.
        • Right to request deletion
          ‚ÄćYou are entitled tothe erasure of certain Personal Data that we have collected and processed aboutyu. Please be aware that Velaris might be allowed or even obliged to keep some Persol Data despite your deletion request.
        • Right to receive equal services
          ‚ÄćYou have a right notto be discriminated against even if you exercise any of your CCPA rights.
11.    CHILDREN'S PRIVACY

Our Service is not designed for or intentionally targeted at children 16years of age or younger. We do not collect or maintain Personal Data of anyone under the age of 16.

12.    CHANGES TO PRIVACY POLICY

Velaris may, from time to time, change and update this Privacy Policy mainly in response to changing legal, business, or technical development. You shall be informed about any changes to this Privacy Policy by publishing an updated version on Velaris website. You may also receive a copy of our updated PrivacyPolicy via email or your Account. You can also see when this Privacy Policy was last updated by checking the "Effective Date" displayed at the top of this Privacy Policy.