Privacy and Cookie Policy

Introduction

This is the privacy and cookie policy of Clok, a service operated by Martyn Wheatley as a sole trader, of 50 Park Road, Coalville, Leicestershire, LE67 3AD, United Kingdom (“we”, “us” or “our”). It should be read alongside our terms of service.

We comply with our obligations under the Data Protection Act 2018 and the EU law retained version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) (the data protection laws). If any of these laws are replaced or superseded, we will also comply with those.

We are registered with the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (ico.org.uk), and our registration number is ZC187041. If you have any concerns about data protection, we would appreciate if you contacted us first so we can discuss these with you before you approach the ICO. For data protection matters, please email us at privacy@getclok.com.

We respect your privacy and are committed to protecting your personal data. This policy explains the terms on which we collect and process your personal data, and how we protect your personal data, such as when you:

• visit our website at getclok.com,
• use our Clok mobile application (App),
• apply for a role with us or otherwise engage with us in connection with recruitment opportunities,
• contact us with any enquiry, or
• otherwise engage with us.

Where you use the App as an individual, we are the controller of your personal data. Where you use it as a worker, employee or contractor (Member) within your employer’s or agency’s account (Workspace), that organisation is referred to as a Workspace Owner and is the controller of the working time, leave and location data recorded about you and we act as its processor. You should also read that organisation's own privacy notice.

The data we may collect about you

Personal data/information means any information about an individual from which that person can be identified. It does not include anonymous data. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes your full name. Where you access the App through an employer, agency or other organisation, this may also include your job title or role and the name of the Workspace you belong to.
• Contact Data includes your email address and, where you choose to provide it, your telephone number.
• Financial Data includes bank account and payment card details, however, please note that we neither see nor store such data as this is collected and processed by Stripe, our third party payment processor.
• Transaction Data includes details about payments to and from you and other details of the App passes or subscriptions you have purchased.
• 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 our website and App.
• Profile Data includes your username and password (if applicable), your Workspace membership and role within it, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our website, App and services.
• Marketing Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Recruitment Data includes CVs, employment and education history, professional qualifications, right to work information, interview notes, references and correspondence relating to job applications or recruitment enquiries.
• Working Time Data includes the clock-in and clock-out times, manual time entries, breaks, leave and related records you enter into the App, together with the estimated Income Tax and National Insurance figures the App generates from them.
• Location Data includes, where geofenced clock-in is enabled for your Workspace, the latitude, longitude and distance from the worksite recorded at the moment you clock in. Your browser will always ask for your permission before any location is shared, and we use it only to confirm you are within the worksite radius.

Aggregated Data such as statistical or demographic data for any purpose, is not considered personal data in law as this data will not directly or indirectly reveal your identity to us. We may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

Special Category Data means special categories of personal data and includes information about your health, race or ethnicity, criminal convictions, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data. We do not intentionally collect or process Special Category Data. You should not provide Special Category Data to us when using the App or contacting us.

How is your personal data collected?

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

• Direct interactions. You may give us your Identity Data, Contact Data and Working Time Data by filling in forms, by entering your working hours, breaks and leave into the App, or by corresponding or engaging with us by post, phone, email, social media or otherwise.
• Automated technologies or interactions. As you interact with our website and App, we will automatically collect Technical Data about your equipment, browsing actions and patterns, and, where geofenced clock-in is enabled for your Workspace and you give your browser permission, Location Data at the point of clock-in. We collect this personal data by using cookies, server logs and other similar technologies including third-party website tracking technologies. We may receive Technical Data and Transaction Data from app store providers, Stripe and other payment processors, analytics providers and other technical service providers.
• Workspace Owners and Workspace Administrators. Where you use the App as a Member, the Workspace Owner, or someone the Workspace Owner authorises to manage its Workspace (Workspace Administrators) may enter or amend data about you, such as your role, schedule, worksite or leave, which we collect and process as part of providing the App to that Workspace.
• Public sources. We may collect personal data about you from public sources, such as Google, Companies House, or the electoral register.

How we use your personal data

We will only use your personal data when we can rely on a legitimate (lawful) basis, such as:

• Contract: Where we need to perform the contract, or take steps at your request before entering into a contract, with you, such as to create and run your account and provide the App and any pro features.
• Legitimate Interests: 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, such as to operate, secure and improve the App.
• Legal Obligation: Where we need to comply with a legal obligation, such as keeping records required by law.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter, or where your browser asks your permission before sharing Location Data for geofenced clock-in.

Purposes for which we will use your personal data

We have set out below a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so.

Where you use the App as a Member within a Workspace, your Workspace Owner decides the purposes for which your Working Time Data and Location Data are processed and is responsible for the lawful basis for that processing (including any monitoring of workers). In that case we process the data on the Workspace Owner's instructions, and the lawful bases in this table are those we rely on as controller of your data.

Direct marketing

You will receive marketing communications from us if you have provided your consent to receive such communications or, where permitted under applicable law (including the Privacy and Electronic Communications Regulations 2003), where you have previously purchased products or services from us, we are marketing similar products or services, and you have not opted out at the time of collection or in any subsequent communication.

We may also use your Identity Data, Contact Data, Technical Data, Usage Data and Profile Data to assess which products, services and offers may be of interest to you and to send you relevant marketing communications, where permitted by law.

Third party marketing

We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.

Opting out of marketing

You can ask us to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us at privacy@getclok.com. If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for example relating to updates to our terms and conditions and checking that your contact details are correct.

Cookies

We use cookies and similar technologies (including third-party tracking technologies) to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and to display advertisements according to your interests, and also allows us to improve our website services.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer where required by law and subject to your consent for non-essential cookies. Cookies contain information that is transferred to your computer's hard drive. Some emails and pages contain a tiny graphic file that lets us see when you open a message or visit a page. Web beacons work together with cookies; if you disable cookies, they may stop working.

We display a cookie banner when you first visit our website which allows you to accept, reject or customise your preferences for non-essential cookies. Strictly necessary cookies are always active as they are required for the operation of the website.

We use the following cookies:

• 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 services.
• Analytical or performance cookies. These 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.
• 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).

You can 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 website.

When you first visit, a cookie banner lets you accept, reject or customise non-essential cookies. You can change your choices at any time by clicking “Cookie Settings” in the website footer. Most browsers also let you block or delete cookies through their settings; see allaboutcookies.org for instructions.

Disclosures of your personal data

We may disclose your information in the following circumstances:

• to our employees, workers, contractors, consultants and service providers where necessary for the operation of our business and the provision of our products and services,
• to other companies within our group, as defined in the Companies Act 2006,
• to third party service providers who provide services to us, including IT, website hosting, analytics, communications, marketing, payment processing, logistics, professional advisory and administrative services,
• to prospective buyers, investors, lenders or other parties in connection with any proposed sale, transfer, merger, restructuring or acquisition of all or part of our business or assets,
• where we are under a legal or regulatory obligation to disclose your personal data,
• where necessary to establish, exercise or defend legal claims or protect the rights, property or safety of our business, employees, customers or others, and
• to fraud prevention agencies, insurers or law enforcement authorities where necessary for fraud prevention, credit risk reduction or legal compliance.

We use a variety of third party service providers in connection with our business activities and may share your personal data with them where necessary. These may include providers of:

• payment processing services;
• website hosting and management services;
• information technology and infrastructure services;
• data analytics and marketing services;
• email and communications delivery services;
• customer relationship management systems;
• logistics, delivery and warehousing services; and
• professional advisory services, including legal, accounting, audit and insurance services.

We require all third parties to respect the security of your personal data and to process it in accordance with applicable data protection laws. We do not permit our third party service providers to use your personal data for their own purposes except where they act as an independent controller, and only permit them to process your personal data for specified purposes and in accordance with our instructions where applicable.

Data security

Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure data we collect. In particular, we use the following measures:

• storing data on secure platforms;
• password protected accounts; and
• contractual controls with third party hosting and other service providers.

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. 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.

If there is a personal data breach, we will take appropriate steps to respond to it and will notify the ICO and affected individuals where we are legally required to do so. We will then take all necessary steps to limit the extent of the breach and to prevent a further recurrence.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website and App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Where you use the App as a Member, we act as processor and will assist your Workspace Owner in meeting its own breach-notification and security obligations as the controller of your data.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted to our website and App; any transmission is at your own risk.

International transfers

The personal data we collect may be transferred to and stored in countries outside the UK. This may occur where we engage third-party service providers (such as cloud hosting providers, analytics services, payment processors, or IT support providers) who operate outside the UK. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK Government under the UK GDPR.
• We may use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK, namely the International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers.
• Where our corporate group transfers personal data internationally, we may rely on Binding Corporate Rules approved by the relevant supervisory authority.
• In limited circumstances, where no adequacy decision or other safeguard applies, we may rely on a derogation permitted under UK GDPR Article 49, for example where the transfer is necessary for the performance of a contract with you, to establish, exercise or defend legal claims, or where you have given your explicit consent.

Transfers to countries within the European Economic Area (EEA) do not require additional safeguards, as EEA countries are recognised as providing an adequate level of protection under UK law.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK, or to obtain a copy of the relevant safeguard.

Data retention

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

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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

Where deletion is not possible due to legal, regulatory or contractual obligations, we will explain the reason and, where appropriate, restrict further processing of the data.

Where you use the App as a Member, the working time, leave and location data recorded about you is controlled by your Workspace Owner, and they determine how long it is kept. We retain it for as long as we provide the App to that Workspace and, when the Workspace ends or the Workspace Owner asks, will delete or return it save to the extent we must keep it by law.

After the relevant retention periods have expired, personal data will be securely erased or anonymised. We may retain anonymised data for research, statistical or product improvement purposes. Anonymised data is not personal data and may be used indefinitely.

Your legal rights

You have a number of rights under Data Protection Laws in relation to your personal data. You have the right to:

• Request access to your personal data (commonly known as a “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.
• 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.
• Request erasure of your personal data in certain circumstances. 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.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• You also have the absolute right to object at any time to the processing of your personal data for direct marketing purposes (see ‘Opting out of marketing’ in section 8 for details of how to object to receiving direct marketing communications).
• 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.
• Withdraw consent at any time where we are relying on consent to process your personal data (see the table in section 5 for details of when we rely on your consent as the legal basis for using your 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.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  • If you want us to establish the data's accuracy;
  • Where our use of the data is unlawful but you do not want us to erase it;
  • 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
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us at privacy@getclok.com.

You will not 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 could refuse to comply with your request in these circumstances.

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.

We try to respond to all legitimate requests within one month. Occasionally it could 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.

Children

We do not knowingly collect personal data from children. The App is intended for users aged 18 or over, and you must be at least 18 to use it. If we become aware that we have collected personal data from a person under 18, we will take appropriate steps to delete it.

Third party links

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.

Changes to this privacy and cookies policy and your duty to inform us of changes

We keep our privacy and cookies policy under regular review. This version was last updated on the date at the header of this policy.

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, for example a new address or email address.