Privacy policy

Elephants Don’t Forget provide our customers with an AI solution that aids and improves knowledge retention and competency.  As a leading SaaS provider, we are committed to providing a high calibre data-led solution, as such, we take data compliance extremely seriously and are pro-active in ensuring the compliance of both the SaaS solution we provide to our customers as well as ensuring compliance as a business entity in our own right.

The purpose of this statement is to provide information regarding how and why Elephants Don’t Forget collect, process and store data from both a customer and prospective customer perspective, as well as providing the appropriate contact information should you wish to request the information we hold about you, withdraw from processing or request deletion of any data we hold about you.

The Knowledge Retention platform

Where your personal data is provided through your use of our knowledge retention platform and other services that we provide, we are a data processor for the purposes of the General Data Protection Regulation and the Data Protection Act 2018. Details of how your data has been collected, how it is used and your rights will be found in the relevant employee policies of our customer.

We will not take control of, use or share any of the information you provide by utilising the knowledge retention platform and other services that we provide with any third-parties for marketing purposes or store any of your information outside of the UK or the European Economic Area. The information you provide through your use of the knowledge retention platform and other services that we provide will be held securely by us and /or by our data processors whether the information is in electronic or physical format.

This privacy policy (“Privacy Policy”), together with our Customer Terms, as agreed directly with your employer, and any other documents referred to in this Privacy Policy, sets out the basis on which any personally identifiable information (“Personal Data”) we collect from you, or that you or your employer provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it in respect of your use of elephantsdontforget.com (“the Service”).

By using the Service, you are accepting the terms of this Privacy Policy. In the event of a conflict between the terms of this Privacy Policy and the Customer Terms, the Customer Terms will prevail.

Information we may collect from you
We may collect and process the following information about you.

Information you or your employer give us. If you or your employer decide to register with or use the Service, certain Personal Data will need to be provided about you. This includes your name, email address and other data required for use of the Service and may include contact details when you:

• Purchase or register to use the Service.
• Request and receive Customer Support.
• Provide billing and payment information.
• Register for offers or events.
• Post comments on our website.
• Participate in discussion boards or other social media functions on our website.

Information we collect about you
Each time you use the Service we may automatically, or otherwise, collect the following information:

• Technical information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your Internet Protocol (IP) address, the address of the web page you visited before using the Service, your browser type and settings, the date and time of your use of the Service, information about your browser configuration and plug-ins, language preferences and cookie data.

• Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

• Knowledge question responses and activity, including answers given, time to answer, click through rates on notes, Learning Management System (LMS) consumption, survey responses and other interactions with the Services.

• Other information required by your employer, the data controller, in the operation of the Service.

By submitting your Personal Data, where appropriate, you consent to the collection, use and transfer of your information in accordance with the terms of this Privacy Policy.

Information we receive from other sources
We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

Use of cookies
We may on occasion gather information regarding your computer whilst you are on our website. This enables us to improve our services and to provide statistical information regarding the use of our website to our advertisers where appropriate. Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever. Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and the service that we provide to you. All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website. Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.

Uses made of Information
We will only use information held about you for the following purposes.

Information you give to us:

• To understand and improve our Services to you.
• To ensure that content from our Service is presented in the most effective manner for you and for your computer.
• To communicate with you by responding to your requests.
• To keep the Service secure by investigating and preventing abuse and fraud.
• To carry out our obligations arising from any contracts entered into between you or your employer and us and to provide the information, products and services that you or your employer request from us.
• To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about.
• To notify you about changes to our Service.

Information we collect about you.

We will use this information:

• To administer our Service and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To improve our Service to ensure that content is presented in the most effective manner for you and for your computer.
• To allow you to participate in interactive features of our Service.
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
• To make suggestions and recommendations to you and other users of our Service about services that may interest you or them.
• To carry out our obligations arising from any contracts entered into between you or your employer and us and to provide the information, products and services that you or your employer request from us.

Information we receive from other sources.
With the exception of any data and information obtained via the knowledge retention system or provided to us by your employer, we may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive). By using the Service, you consent to Personal Data being collected, held and used in this way and for any other use you authorise.

Disclosure of your information

Information we share with third parties.

• For information, excluding any data and information obtained via the knowledge retention system or provided to us by your employer, we may share your information with selected third parties including:
  Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you and for the purposes of providing part of the Service to you. Such third parties supply the hardware infrastructure, storage and associated services necessary for us to provide the Service. All information submitted to third parties will be encrypted using SSL technology. By using our websites and/or the Service you consent to our third party service partners having access to your Personal Data.
• Analytics and search engine providers that assist us in the improvement and optimization of our Service.

Personal Data we disclose to third parties.
We follow strict guidelines in the storage and disclosure of information which you have given us, to prevent unauthorized access. We comply with the laws of the countries from which we operate. For information, excluding any data and information obtained via the knowledge retention system or provided to us by your employer, which shall be governed by the Customer Terms, we may disclose your Personal Data to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
• If Elephants Don’t Forget Limited or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our Customer Terms and/or any other agreements; or to protect the rights, property, or safety of Elephants Don’t Forget Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• In complying with court orders and similar legal processes, we strive for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.

Marketing and Sales Data

As an organisation that processes business related data, we assessed all grounds for lawful processing of personal data and have selected ‘Legitimate Interests’ as the most suitable lawful ground for the processing of data for the purposes of marketing and sales.

As a business, we collect, process and store data relating to businesses and their key stakeholders.  We believe that the individuals that we process the data of, are likely to have an interest in our offering.  Deemed as ‘Legitimate Interest’ this is based upon specific criteria including the business industry sector, size of organisation as well as the individual’s job function within the organisation.

We will only ever collect, process, and store the essential information required for making contact with the data subjects within a business environment.

The data collected will be used to communicate marketing and sales messages relating to our offering, based upon the job function held by the data subject.  Elephants Don’t Forget specifically only sends messages to those we believe are likely to be interested in our offering based upon the organisation they are employed by and their role within that organisation.  Communication from Elephants Don’t Forget could be delivered via email, social media, telephone or any other business to business (B2B) marketing methods that may be relevant.

When you send Elephants Don’t Forget an enquiry, download content or request a call via our website you will be asked to provide your contact details. We will use the data you provide to process your request and may use it to inform you by email, telephone or mail about other Elephants Don’t Forget products and services that we feel may be of interest to you, it is deemed that as you have visited the Elephants Don’t Forget website and provided us with your contact information that you are legitimately interested in our products and services.  You have the right to object to any method of correspondence at any time, using the unsubscribe button on an email or emailing Nelly@ElephantsDontForget.com

How we Procure Sales and Marketing Data

We procure data in a variety of ways, collected in line with the lawful basis of ‘Legitimate Interests’.  If you have received correspondence from us, we will have procured your data in one of the following ways:

• You have requested information from Elephants Don’t Forget in the past

• Someone has sent us your e-mail address requesting information about our articles and/or services be sent to you

• You or someone else has expressly shared your contact details with us for the purpose of receiving information now and/or in the future

• We have previously met at an event and your business card or contact details were handed to us willingly

• You or a business colleague has visited our website and we believe that there is a genuine legitimate interest in our services

• You have previously connected with a member of our team via LinkedIn and discussed our services

• A member of our team has found your business and your contact details online; believing that your business would genuinely be interested in the Clever Nelly product, based upon your job function aligning with our typical customer profiles they have made contact to introduce you to our product

• Your data has been purchased from a registered third-party data supplier, which will have been segmented by industry, organisation size and job function based upon our typical customer profiles.

Your rights 

Consent.

If you wish to subscribe to our marketing communications, we will use your name and email address to send communications to you. You may elect to stop receiving our marketing emails by following the unsubscribe instructions included in such emails.

We send push notifications from time to time in order to update you about any Service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device. If you change your mind about being contacted in the future, please click on the opt out options included in emails or the Service and we will remove you from our mailing lists.

Access to information.
You have the right to access information held about you.

Right to deletion, rectification and data export.
We permit you to delete, rectify and export information you have provided to us, subject to the conditions of our Customer Terms and our legal obligations set out below. 

Retention.
We retain Personal Data for as long as we provide the Services to you or your company or for the period agreed in our Customer Terms with your employer or as required for our legitimate interests. However, we may keep some data after your account is closed or you cease using the Service, for the purposes set out below.

After you have closed your account we may retain Personal Data where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our Customer Terms, offer new features you may be interested in, or fulfil your request to “unsubscribe” from further messages from us. If none of these obligations apply we will delete Personal Data within 12 months of cessation of Services being provided to you or as agreed in our Customer Terms with your company.

Complaints:
If you have any complaints about our use of your information please contact us as set out at the end of this Privacy Policy or contact the UK supervisory authority – The Information Commissioner’s Office (“ICO”).

Applicable Data Protection Law
For the purpose of the General Data Protection Regulation (EU) 2016/679, for information, excluding any data and information obtained via the knowledge retention system or provided to us by your employer where your employer is the data controller, the data controller is Elephants Don’t Forget Limited, a private limited company registered in Ireland with number 520381 whose registered office is at Guinness Enterprise Centre, Taylors Lane, Dublin 8, Ireland.

Where we store your Personal Data for EU Customers only
For information, excluding any data and information obtained via the knowledge retention system or provided to us by your employer, where such data will not be transferred outside the European Economic Area (“EEA”) unless required to do so under the Customer Terms, the Personal Data that we collect from you may be transferred to, and stored at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing outside of the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

We always ensure that your information is only transferred in full accordance with UK data protection laws and/or applicable EU data protection law. In particular, this means that your information will only be transferred to a country that provides an adequate level of protection (for example, because the European Commission has determined that a country provides an adequate level of protection) or the recipient is bound by standard contractual clause according to conditions provided by the European Commission (“EU Model Clauses”). You are responsible for checking the privacy policy of any third party websites we link to.

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

The Service may contain links to and from third party websites of our partners, networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for the privacy practices or content of these websites.

Changes To This Privacy Policy
We reserve the right to change this Privacy Policy at any time and any amended Privacy Policy will be posted on our websites and notified to you by email, where appropriate. Please check back frequently to see any updates or changes to our Privacy Policy.

Contact Us
Questions, comments and requests regarding this Privacy Policy are welcomed and should be forwarded by email to: nelly@elephantsdontforget.com