PRIVACY POLICY

1 INTRODUCTION

1.1 Important information and who we are 

Welcome to Sustained Futures Ltd’s Privacy and Data Protection Policy (“Privacy Policy”). 

At Sustained Futures Ltd (“we”, “us”, or “our”) we are committed to protecting and  respecting your privacy and Personal Data in compliance with the United Kingdom General  Data Protection Regulation (“GDPR”), the Data Protection Act 2018 and all other mandatory  laws and regulations of the United Kingdom. 

This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, how the law protects you, and inform our  employees and staff members of all their obligations and protocols when processing data. 

The individuals from which we may gather and use data can include: 

• Customers 

• Suppliers 

• Business contacts 

• Employees/Staff Members 

• Third parties connected to your customers

and any other people that the organisation has a relationship with or may need to contact. 

This Privacy Policy applies to all our employees and staff members and all Personal Data  processed at any time by us. 

1.2 Your Data Controller 

Sustained Futures Ltd is your Data Controller and responsible for your Personal Data. We  are not obliged by the GDPR to appoint a data protection officer and have not voluntarily  appointed one at this time. Therefore, any inquiries about your data should either be sent  to us by email to katie@sustainedfutures.com or by post to United Kingdom. 

You have the right to make a complaint at any time to the Information Commissioner’s  Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We  would, however, appreciate the chance to deal with your concerns before you approach  the ICO so please contact us in the first instance.

1.3 Processing data on behalf of a Controller and processors’ responsibility to you

In discharging our responsibilities as a Data Controller we have employees who will deal  with your data on our behalf (known as “Processors”). The responsibilities below may be  assigned to an individual or may be taken to apply to the organisation as a whole. The  Data Controller and our Processors have the following responsibilities: 

• Ensure that all processing of Personal Data is governed by one of the legal bases  laid out in the GDPR (see 2.2 below for more information); 

• Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of  confidentiality; 

• Implement appropriate technical and organisational measures to ensure a level of  security appropriate to the risk associated with the processing of Personal Data; 

• Obtain the prior specific or general authorisation of the Controller before engaging  another Processor; 

• Assist the Controller in the fulfilment of the Controller’s obligation to respond to  requests for exercising the data subject’s rights; 

• Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute  to audits, including inspections, conducted by the Controller or another auditor  mandated by the Controller;

• Maintain a record of all categories of processing activities carried out on behalf of a  Controller; 

• Cooperate, on request, with the supervisory authority in the performance of its  tasks; 

• Ensure that any person acting under the authority of the Processor who has access  to Personal Data does not process Personal Data except on instructions from the  Controller; and

• Notify the Controller without undue delay after becoming aware of a Personal Data  Breach.

 

2 LEGAL BASIS FOR DATA COLLECTION

2.1 Types of data / Privacy policy scope 

• “Personal Data” means any information about an individual from which that person can  be identified. It does not include data where the identity has been removed (anonymous  data). 

• We may collect, use, store and transfer different kinds of Personal Data about you which  we have grouped together below. Not all of the following types of data will necessarily be  collected from you but this is the full scope of data that we collect and when we collect it  from you: 

• Profile/Identity Data: This is data relating to your first name, last name, gender, date  of birth. 

• Contact Data: This is data relating to your phone number, addresses, email addresses, phone numbers.

• Marketing and Communications Data: This is your preferences in receiving marketing information and other information from us. 

• Customer Support Data: This includes feedback and survey responses. 

We also collect, use and share Aggregated Data such as Our data can be respondents to  surveys or market analysis . Aggregated Data could be derived from your Personal Data  but is not considered Personal Data in law as this data will not directly or indirectly reveal  your identity. However, if we combine or connect Aggregated Data with your Personal  Data so that it can directly or indirectly identify you, we treat the combined data as  Personal Data which will be used in accordance with this Privacy Policy. 

We may also aggregate data to enable research or analysis so that we can better  understand and serve you and others. For example, we may conduct research on your  demographics and usage. Although this aggregated data may be based in part on Personal  Data, it does not identify you personally. We may share this type of anonymous data with  others, including service providers, our affiliates, agents and current and prospective  business partners. 

We do not collect any Special Categories of Personal Data about you (this includes details  about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation,  political opinions, trade union membership, information about your health, and genetic  and biometric data). Nor do we collect any information about criminal convictions and  offences. 

2.2 The Legal Basis for Collecting That Data

There are a number of justifiable reasons under the GDPR that allow collection and  processing of Personal Data. The main avenues we rely on are: 

• “Consent”: Certain situations allow us to collect your Personal Data, such as when  you tick a box that confirms you are happy to receive email newsletters from us, or  ‘opt in’ to a service. 

• “Contractual Obligations”: We may require certain information from you in order  to fulfil our contractual obligations and provide you with the promised service. 

• “Legal Compliance”: We’re required by law to collect and process certain types of  data, such as fraudulent activity or other illegal actions. 

• “Legitimate Interest”: We might need to collect certain information from you to be  able to meet our legitimate interests – this covers aspects that can be reasonably  expected as part of running our business, that will not have a material impact on  your rights, freedom or interests. Examples could be your address, so that we know  where to deliver something to, or your name, so that we have a record of who to  contact moving forwards.

 

3 HOW WE USE YOUR PERSONAL DATA 

3.1 Our data uses 

We will only use your Personal Data when the law allows us to. 

Set out below is a table containing the different types of Personal Data we collect and the  lawful basis for processing that data. Please refer to section 2.2 for more information on  the lawful basis listed in the table below.

Examples provided in the table below are indicative in nature and the purposes for which  we use your data may be broader than described but we will never process your data  without a legal basis for doing so and it is for a related purpose. For further inquiries  please contact us. 

3.2 Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we  reasonably consider that we need to use it for another reason and that reason is  compatible with the original purpose. If you wish to get an explanation as to how the  processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your Personal Data for an unrelated purpose, we will notify you and we  will explain the legal basis which allows us to do so. 

Please note that we may process your Personal Data without your knowledge or consent,  in compliance with the above rules, where this is required or permitted by law.

 

4 YOUR RIGHTS AND HOW YOU ARE PROTECTED BY US 

4.1 Your legal rights

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

• Right to be informed. You have a right to be informed about our purposes for  processing your personal data, how long we store it for, and who it will be shared  with. We have provided this information to you in this policy. 

• Right of access. This enables you to receive a copy of the personal data we hold  about you and to check that we are lawfully processing it (also known as a “data  subject access request”). See section 4.3 below for more details on how you can  make a data subject access request. 

• Right to rectification. You have a right to 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. 

• Right to erasure. You have the right to ask us to delete or remove personal data  where there is no good reason for us continuing to process it, 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. 

• Right to object. You can object to the processing of personal data we hold about  you. This effectively allows you to stop or prevent us from processing your personal  data. Note that this is not an absolute right and it only applies in certain circumstances, for example: 

  (i) Where we are processing your personal data for direct marketing purposes. 

  (ii) Where 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.

  (iii) In some cases, we may continue processing your data if we can demonstrate  that we have compelling legitimate grounds to process your information which override your rights and freedoms.

• Right to restrict processing. You have the right to request the restriction or  suppression of their personal data. Note that this is not an absolute right and it only  applies in certain circumstances: 

  (i) If you want us to establish the data’s accuracy. 

  (ii) Where our use of the data is unlawful but you do not want us to erase it. 

  (iii) 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. 

  (iv) You have objected to our use of your data but we need to verify whether we  have overriding legitimate grounds to use it. 

• Right to data portability. You have the right to request the transfer of your  personal data to you or to a third party. If you make such a request, 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. 

If you wish to make a request under any of these rights, please contact us at  katie@sustainedfutures.com.

4.2 How Sustained Futures Ltd protects customers’ Personal Data

We are concerned with keeping your data secure and protecting it from inappropriate  disclosure. Any Personal Data collected by us is only accessible by a limited number of  employees who have special access rights to such systems and are bound by obligations  of confidentiality. If and when we use subcontractors to store your data, we will not  relinquish control of your Personal Data or expose it to security risks that would not have  arisen had the data remained in our possession. However, unfortunately no transmission  of data over the internet is guaranteed to be completely secure. It may be possible for  third parties not under the control of Sustained Futures Ltd to intercept or access  transmissions or private communications unlawfully. While we strive to protect your  Personal Data, we cannot ensure or warrant the security of any Personal Data you  transmit to us. Any such transmission is done at your own risk. If you believe that your  interaction with us is no longer secure, please contact us.

4.3 How to request your data and the process for obtaining it

You will not have to pay a fee to access your Personal Data (or to exercise any of the other  rights). However, if your request is clearly unfounded, we could refuse to comply with your  request. 

We may need to request specific information from you to help us confirm your identity  and ensure you have the 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.

 

5 YOUR DATA AND THIRD PARTIES 

5.1 Sharing your data with third parties

We may also share Personal Data with interested parties in the event that Sustained  Futures Ltd anticipates a change in control or the acquisition of all or part of our business  or assets or with interested parties in connection with the licensing of our technology. 

If Sustained Futures Ltd is sold or makes a sale or transfer, we may, in our sole discretion,  transfer, sell or assign your Personal Data to a third party as part of or in connection with  that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern  

the further use of your Personal Data. In all other situations your data will still remain  protected in accordance with this Privacy Policy (as amended from time to time). 

We may share your Personal Data at any time if required for legal reasons or in order to  enforce our terms or this Privacy Policy.

 

6 HOW LONG WE RETAIN YOUR DATA

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes  we collected it for. We may retain your Personal Data for a longer period than usual in the event  of a complaint or if we reasonably believe there is a prospect of litigation in respect to our  relationship with you.

 

7 INTERNATIONAL TRANSFER OF DATA

Your information may be stored and processed in the US or other countries or jurisdictions  outside the US where Sustained Futures Ltd has facilities. By using Sustained Futures Ltd, you are  permitting and consenting to the transfer of information, including Personal Data, outside of the  US.

 

8 NOTIFICATION OF CHANGES AND ACCEPTANCE OF POLICY

We keep our Privacy Policy under review and will place any updates here. This version is dated 21  October 2024. 

By using Sustained Futures Ltd, you consent to the collection and use of data by us as set out in  this Privacy Policy. Continued access or use of Sustained Futures Ltd will constitute your express  acceptance of any modifications to this Privacy Policy.

 

9 INTERPRETATION

All uses of the word “including” mean “including but not limited to” and the enumerated  examples are not intended to in any way limit the term which they serve to illustrate. Any email  addresses set out in this policy may be used solely for the purpose for which they are stated to  be provided, and any unrelated correspondence will be ignored. Unless otherwise required by  law, we reserve the right to not respond to emails, even if they relate to a legitimate subject  matter for which we have provided an email address. You are more likely to get a reply if your  request or question is polite, reasonable and there is no relatively obvious other way to deal with  or answer your concern or question (e.g. FAQs, other areas of our website, etc.). 

Our staff are not authorised to contract on behalf of Sustained Futures Ltd, waive rights or make  representations (whether contractual or otherwise). If anything contained in an email from a  Sustained Futures Ltd address contradicts anything in this policy, our terms or any official public  announcement on our website, or is inconsistent with or amounts to a waiver of any Sustained  Futures Ltd rights, the email content will be read down to grant precedence to the latter. The only  exception to this is genuine correspondence expressed to be from the Sustained Futures Ltd  legal department.