End User Privacy Policy for Eclipse Group Solution Ltd Software on the Atlassian Marketplace

Protecting your data and your privacy is a high priority and very important to Eclipse Group Solutions Ltd (“Eclipse”; “we”; “our”; “us). Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data.

Introduction

This Privacy Policy describes the ways we collect, store, use and manage the information you provide to us or we collect in connection with your use of our Software that is accessible on the Atlassian Marketplace (as defined in our EULA, which is also available on the Atlassian Marketplace).

You agree that we may use your personal data for the purposes of us providing you the Software and to send certain communications, including responses to your comments, questions, and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages.

Notwithstanding the above, if: (i) you are an individual in the United Kingdom or the European Economic Area (EEA), and (ii) we process any of your personal data under or in connection with our Software or Support Services, and (iii) we do so as a “controller” as defined under applicable UK Data Protection Law, then the following provisions shall apply:

Who we are

Our full details are:

Full name of legal entity: Eclipse Group Solutions Ltd
Email address: support@eclipsegroup.co.uk
Postal address: Data Protection, Eclipse Group Solutions, Wellington House, Church Road, Ashford, Kent, TN23 1RE

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues.

The data we collect and process about you

We may collect, use, store and transfer the following kinds of personal data about you:

Name
Gender
Date of Birth
Email address,
Telephone number
Internet Protocol (IP) address
Username and password
Usage data

From whom we collect personal data

Most of the personal data that we process is provided to us by you directly, but we may also receive personal data from Atlassian and its authorised resellers.

The purposes and basis for us processing your personal data

We may collect and process your personal data for the following purposes and on the following legal basis:

Purpose/Activity

Type of data

Lawful basis for processing [1]

To assist you install the Software onto your systems (if applicable) and register you as a new user

Date of Birth
Telephone number
Email address
Gender
Username
IP address
Password

Performance of a contract with youNecessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)Necessary to comply with legal obligations (to apply our KYC procedures and retain data to meet legal requirements)

To manage our relationship with you and to provide you with the Software and any Support Services

Name
Email address
Telephone number
Gender
Username and Password
IP address

Performance of a contract with youNecessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)

To administer and protect our business and the Software including troubleshooting, data analysis and system testing

Name
Email address
Telephone number
Username and Password
IP address
Usage data

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)

[1] See the Glossary at the end of this document for more information on what these lawful basis mean.

How long we keep personal information for.

We will only retain or hold your personal data for as long as we are legally permitted to. However, and without limiting the foregoing:

If you unsubscribe from our Software or where the EULA is terminated and/or expires, we will delete any personal data after 6 months (or earlier, if we can).
we may keep certain basic information about our users for six years after they cease being customers for legal or tax purposes.

Data location and Storage

Our Software stores customer-specific app configurations in the corresponding Atlassian Cloud product. We also use the Jira Service Desk from Atlassian for the creation, tracking and administration of support tickets.

As your personal data may potentially be hosted by Atlassian, please see the Atlassian Security Practices and the Atlassian Privacy Policy for further information on the location and security of these environments.

Additionally, if we store personal data on the server(s) that our Software runs on, our servers are in the following locations:

on Secure servers housed in UK based Node 4 Data Centres (Derby, Northampton); or
on our cloud based systems which are located within the EEA; or
Microsoft, UK Based (Cardiff, London, Durham); or
Amazon, EU Based Regions (London, Ireland).

International Transfers

If we do transfer your personal data out of the UK or the EEA, 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; and
where we use certain service providers, we will use specific contracts approved by UK Data Protection Regulator which give personal data the same protection it has in the UK, as well as ensure that the applicable importing country has adequate level of legal protection for personal data.

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 the EEA.

Access/Disclosures of your personal data

We may also share your personal data with the third parties set out below for the purposes set out in the table above:

Internal third parties such as our employees or subcontractors as necessary. We may also share information with our parent company HRGO Plc.;
External third parties such as our professional advisors, Atlassian Pty Ltd (provider of the Atlassian Marketplace) and any Atlassian authorised reseller(s);
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 policy.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Request access to your personal data. 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 your 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. 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. However, 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. This applies if 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.
Request restriction of processing 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.

Request transfer or 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.
Right to withdraw consent. This applies if 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.

You can exercise any of these rights at any time by contacting us at support@eclipsegroup.co.uk

Glossary

Lawful basis of processing:

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

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.

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.

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