Nulia Privacy and Cookies Policy
Nulia Privacy and Cookies Policy (Last Revised on Feb 5th 2020)
Nulia has three broad categories of customers: (i) existing or new resellers that market the Service to end-customers (businesses, not individuals) (“End-Customers”); (ii) system integrators that offer the Service to their End-Customers as part of their digital transformation/change management practices; and (iii) End-Customers who come to Nulia either directly or through referral (together, the “Customers“).
We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Irish Data Protection Acts 1988 to 2018, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and any other applicable law or regulation relating to the processing of personal data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation may be supplemented, amended, revised or replaced from time to time.
1. Information we gather from you
1.1 We fully respect your right to privacy in relation to your interactions with the Service and endeavour to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individuals’ information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner (“DPC”).
1.2 We may process Personal Data from you in the course of our business. The information that we process includes, in respect of individual end-users: (i) basic information, such as your name (including name prefix or title), your job title or position and your relationship to a person; (ii) contact information, such as your postal address, email address and phone number(s); (iii) financial information, such as payment-related information; (iv) technical and browser related information, such as information from your visits to our Platform or applications or in relation to materials and communications we send to you electronically; (v) identification, location and background information provided by you; (vi) profile picture; (vii) your Microsoft unique identifier, the number of years you have had a Microsoft licence, your direct report and the number of direct reports you have (this data may be collected directly from Microsoft); and (viii) any other information relating to you which you may provide to us. Any Personal Data that we collect from you for these purposes is hereinafter referred to together as “Your Data”). Nulia is a Controller (as defined in Data Protection Legislation) in respect of the Your Data.
1.4 When you are acting on behalf of a Customer, the Customer and its end-users must comply with their own Controller/Processor (as applicable) obligations under Data Protection Legislation. When our Customer is also a Controller of Your Data, we and that Customer act as independent (and not joint Controllers) in respect of Your Data.
1.5 We endeavour to keep Your Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible. You can update your personal information held on our Platform at any time. You can change your stated interests in respect of whether or not you wish to receive direct marketing from us by clicking ‘unsubscribe’ on any direct marketing electronic communication which you receive from us.
1.6 If you are aged 18 or under, please get your parent/guardian’s permission before you provide Your Data to us.
2. Why we collect/have access to your information
2.1 We collect information from you as necessary in the course of providing our Service. We collect Your Data in the course of registering Your Account. We may collect Your Data while monitoring our technology tools and services, including our Platform and email communications sent to and from us. We gather information about you when you provide it to us, or interact with us directly.
2.2 We use that information: (i) to provide and improve our Platform/Service, including auditing and monitoring its use; (ii) to provide information requested by you; (iii) to send you updates, publications, personalised content and advertising in respect of our products/services (this includes potentially using data in an aggregated and de-identified form for general marketing and sales collateral, including white papers, research reports, blog posts etc.); and (iv) to manage and administer our relationship with you.
3.1 We collect IP addresses from visitors to our Platform (an IP address is a number that can uniquely identify a specific computer or other network device on the internet). This allows us to identify the location of users, to block disruptive use and to establish the number of visits from different countries. We analyse this data for trend and statistics reasons, such as which parts of our Platform users are visiting and how long they spend there.
3.2 A cookie is a small text file that is placed on your device by a web server which enables a website and/or mobile app to recognise repeat users, facilitate the user’s ongoing access to and use of a website and/or mobile app and allows the website and/or mobile app to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. We collate information on in relation to the Service which is represented in aggregate format through cookies. They help us to improve our Service and to deliver many of the functions that make your browser experience more user-friendly, including providing you with personalised content and relevant advertising in respect of our goods/services.
3.4 The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies (HML5 local storage), by changing the add-on’s settings or visiting the website of its manufacturer.
3.7 You can find a list of cookies we use and the purposes for which we use them in the tables below.
|current-pathname*||n/a||Current page user is viewing within the Nulia ACM application|
|last-pathname*||n/a||Previous page user viewed within the Nulia ACM application|
|how-cookie-message||n/a||Has user seen cookies opt-in message|
|seen-pathway-tutorial||n/a||Has the user seen the tutorial|
|adal.*||n/a||Active directory authorization token|
|blob*||n/a||Access token needed to view Nulia content|
|pdfjs.history*||n/a||PDF viewing information (which page number, scaling factor)|
|Google Analytics Session Information||24 hours||Collect data such as IP address and browser type. Used to identify where and how consumers access the Nulia ACM|
|Google Analytics Unique Identifier||2 years||Used to identify a single user on a device and map their use of the Nulia ACM from one session to another|
|Google Analytics Request||1 minute||Used to prevent a user from rapidly calling the google analytics endpoint. Error mitigation and DDoS protection.|
* – These cookies will expire when you close your browser
3.8 You should also be aware that there are cookies which are found in other companies’ internet tools which we may use to enhance the Platform. You may see ‘social buttons’ during your use of the Platform, including but not limited to LinkedIn, Twitter and Facebook, which enable you to share or bookmark certain web pages. These Platforms have their own cookies, which are controlled by them.
4. Are there cases where we may use your information to contact you
4.1 We may contact you:
4.1.1 for administration reasons related to the Service (e.g. to provide you with password reminders or to notify you that a particular service, activity or online content has been suspended for maintenance, or in response to a question that you ask us);
4.1.2 to provide you with information about our Service, activities or online content, including sending e-newsletters or similar correspondence and updates or responding to any contact you have made with us, e.g. on our Platform, by email or via the ‘How To Contact Us’ facility referred to below; and/or
4.1.3 to invite you to participate in surveys about our services (participation is always voluntary).
5. What rights do you have
5.1 As a Data Subject, you have the following rights under Data Protection Legislation and we, as Controller in respect of Your Data, will comply with such rights in respect of Your Data:
5.1.1 the right of access to Your Data relating to you;
5.1.2 the right to correct any mistakes in Your Data;
5.1.3 the right to ask us to stop contacting you with direct marketing;
5.1.4 rights in relation to automated decision taking;
5.1.5 the right to restrict or prevent Your Data being processed;
5.1.6 the right to have Your Data ported to another Controller;
5.1.7 the right to erasure; and
5.1.8 the right to complain to the DPC if you believe we have not handled Your Data in accordance with Data Protection Legislation.
5.2 These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of Your Data, please contact us (see ‘How To Contact Us’ below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
5.3 Right of access to Your Data
You may ask to see what Personal Data we hold about you and be provided with:
5.3.1 a summary of such Personal Data and the categories of Personal Data held (see Sections 1 and 2 above);
5.3.2 details of the purpose for which it is being or is to be processed (see Section 2 above);
5.3.3 details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers (see Section 7 below);
5.3.4 details of the period for which it is held or the criteria we use to determine how long it is held (see Section 12 below);
5.3.5 details of your rights, including the rights to rectification, erasure, restriction or objection to the processing (set out in this Section 5);
5.3.6 any information available about the source of that data (see Section 1 above);
5.3.7 whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling; and
5.3.8 where Your Data are transferred out of the EEA, what safeguards are in place (see Section 7 below).
5.3.9 Requests for Your Data must be made to us (see ‘How To Contact Us’ below) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service and our Platform. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
5.3.10 There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Data requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
5.4 Right to update Your Data or correct any mistakes in Your Data
5.4.1 You can require us to correct any mistakes in Your Data which we hold free of charge. If you would like to do this, please:
(a) email or write to us (see ‘How to Contact Us’ below);
(b) let us have enough information to identify you (e.g. name, registration details); and
(c) let us know the information that is incorrect and what it should be replaced with.
5.4.2 If we are required to update Your Data, we will inform recipients to whom Your Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
5.4.3 It is your responsibility that all of Your Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How To Contact Us’ below).
5.5 Right to ask us to stop contacting you with direct marketing
5.5.1 We have a legitimate interest to send you electronic communications/direct marketing in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc. and which may also appear on social media such as Facebook etc.). We may also ask you for your consent to send you direct marketing from time to time. We may also ask you different questions for different services, including competitions, and ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
5.5.2 You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
(a) email or write to us (see ‘How can you contact us’ below). You can also click on the ‘unsubscribe’ button at the bottom of the electronic communication. It may take up to 15 days for this to take place, or adjust your settings on the Platform to elect to not receive direct marketing messages in future; and
(b) let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
5.5.3 We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’. Unsubscribing from direct marketing does not unsubscribe you from essential electronic communications in respect of the administration of Your Account.
5.6 Rights in relation to automated decision taking
5.6.1 Profiling may occur in relation to Your Data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising. Profiling may also occur in respect of: (i) deciding the general skills which end-users need to be proficient in before Nulia certifies competency for an outcome (the employer assigns the outcome and required level of competency), and (ii) determining the best piece of content from a collection of content to facilitate learning of a skill.
5.6.2 You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (ii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
5.7 Right to restrict or prevent processing of Your Data
5.7.1 In accordance with Data Processing Legislation, you may request that we stop processing Your Data temporarily if:
(a) you do not think that Your Data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
(b) the processing is unlawful but you do not want us to erase Your Data;
(c) we no longer need Your Data for our processing; or
(d) you have objected to processing because you believe that your interests should override the basis upon which we process Your Data.
5.7.2 If you exercise your right to restrict us from processing Your Data, we will continue to process Your Data if:
(a) you consent to such processing;
(b) the processing is necessary for the exercise or defence of legal claims;
(c) the processing is necessary for the protection of the rights of other individuals or legal persons; or
(d) the processing is necessary for public interest reasons.
5.8 Right to data portability (if applicable)
5.8.1 In accordance with Data Protection Legislation, you may ask for an electronic copy of Your Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:
(a) the processing is based on your consent or for the performance of a contract; and
(b) the processing is carried out by automated means.
5.9 Right to erasure
5.9.1 In accordance with Data Protection Legislation, you can ask us (please see ‘How To Contact Us’ below) to erase Your Data where:
(b) if you had given us consent to process Your Data, you withdraw that consent and we cannot otherwise legally process Your Data;
(c) you object to our processing and we do not have any legal basis for continuing to process Your Data;
(d) Your Data has been processed unlawfully or have not been erased when it should have been; or
(e) the Personal Data have to be erased to comply with law.
5.9.2 We may continue to process Your Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data, such as it being within our legitimate business interest to do so (e.g. retaining evidence of billing information etc.). Where you have requested the erasure of Your Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
5.10 Right to complain
In compliance with the Privacy Shield Principles, Nulia commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Nulia at:
Nulia has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.
You have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. See the Privacy Shield website for more information.https://www.privacyshield.gov/article?id=ANNEX-I-introduction
6. Withdrawal of consent
7.2 We restrict access to personal information to employees/contractors who need to know that information in order to operate, develop, or improve our Service and/or the Platform. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, civil litigation and/or criminal prosecution, if they fail to meet these obligations. We may also share Your Data with our suppliers/service providers for the purpose of providing and improving the Service to you; for example, we utilise (i) ‘SendGrid’ to send emails to end-users, (ii) ‘Sentry’ for error tracking and logging, and (iii) Azure cloud hosting and resources to store and process all end-user data.1 Nulia will not share your data with our suppliers/service providers unless we have a Data Protection Agreement in place ensuring adequate privacy protections for personal data.
7.4 All information you provide to us is stored on our (or contracted third party) secure servers. Where we have given you (or where you have chosen) a password which enables you to access any part of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with any person.
8. Third party WEBSITES
9. How do we protect your personal information?
9.1 We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Your Data to employees, contractors and agents who need to know Your Data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, our Platform may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy or security practices of such third party websites and your use of such websites is at your own risk.
9.2 We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Your Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Your Data transmitted, stored or otherwise processed.
10. Breach Reporting
10.1 We will notify serious data breaches in respect of Your Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
10.2 We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
10.2.1 we have implemented appropriate technical and organisational measures that render the Personal Data unintelligible to anyone not authorised to access it, such as encryption; or
10.2.2 we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
10.2.3 it would involve disproportionate effort, in which case we may make a public communication instead.
11. Retention of personal data
11.1 Your Data will be kept and stored for such period of time as we deem necessary taking into account the purpose for which it was collected in the first instance. This may include retaining Your Data as necessary to administer Your Account, comply with our legal obligations, to resolve disputes, to enforce our agreements with our Customers (including for the 6 year limitation period in Ireland for contractual claims, plus a reasonable period thereafter), to support business operations, and to continue to develop and improve our Service.
11.2 Where we retain information for Service/Platform improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service/Platform, not to specifically analyse personal characteristics about you.
12. Offensive content
12.1 If any of your User Uploaded Data contains any material which may reasonably be deemed to be offensive, inappropriate or objectionable or if you otherwise engage in any disruptive behaviour in relation to the Service, we may remove such content and/or suspend the use of Your Account. We may also remove any such material from any of our social media pages.
12.2 Where we reasonably believe that you are or may be in breach of any applicable laws, for example on hate speech, we may disclose your personal information to relevant third parties, including to law enforcement agencies or your internet provider. We would only do so in circumstances where such disclosure is permitted under applicable laws, including Data Protection Legislation.
14. How to contact us