Introduction
Welcome to Lavasource’s privacy policy.
Lavasource Ltd (Lavasource) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our Lavasource platform (Our Site), regardless of where you visit it from, and tell you about your privacy rights and how the law protects you.
This privacy policy should be read with the Glossary to understand the meaning of some of the terms used.
- Important Information and Who We Are
- The Data We Collect About You
- How Is Your Personal Data Collected
- How We Use Your Personal Data
- Disclosures of Your Personal Data
- International Transfers
- Data Security
- Data Retention
- Your Legal Rights
- Glossary
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy policy
This privacy policy aims to give you information on how Lavasource collects and processes your personal data through your use of Our Site, including any data you may provide through Our Site when you visit it for browsing purposes or log in as a registered customer or freelancer.
Our Site is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.
Controller
Lavasource Ltd is the controller and responsible for your personal data (collectively referred to as Lavasource, we, us or our in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise Your Legal Rights please contact the data privacy manager using the details set out below.
Contact details
Our full details are:
Full name of legal entity: Lavasource Ltd. We are registered in England and Wales under number 12473950 and we have our registered office and our main trading address at The Innovation Centre, Keckwick Lane, Daresbury, Warrington, England, WA4 4FS
Name or title of data privacy manager: Mark Brooks-Lewis
Email address: contactus@lavasource.com
Postal address: The Innovation Centre, Keckwick Lane, Daresbury, Warrington, England, WA4 4FS
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.
Data protection law requires Lavasource, as controller for your data:
- to process your data in a lawful, fair and transparent way;
- to only collect your data for explicit and legitimate purposes;
- to only collect data that is relevant, and limited to the purpose(s) we have told you about;
- to ensure that your data is accurate and up to date;
- to ensure that your data is only kept as long as necessary for the purpose(s) we have told you about;
- to ensure that appropriate security measures are used to protect your data.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on 18/6/2021 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. We may ask you to confirm updates to your personal data from time to time but please keep us informed if your personal data changes during your relationship with us in the meantime. Please inform the data privacy manager of any changes in your data at the following email address: contactus@lavasource.com.
Third-party links
Our Site 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 and organisations connected with us have a social media presence for the purpose of engaging with you.
If you enable such connections or choose to communicate your personal data to us via third-party websites or social media, please remember that we do not control these third-party websites and are not responsible for their privacy statements. When you leave Our Site or interact with us on social media, we encourage you to read the privacy policy of every website of forum that you visit or use.
If you are registered on Our Site and communicate with other users of Our Site (including registered freelancers and customers in connection with the provision of services), those users may collect personal data about you. We do not control how these users collect and process personal data about you and are not responsible for their privacy statements. We encourage you to read the privacy policy of every organisation you engage with.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, 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 follows:
- Identity Data includes first name, last name, username or similar identifier and photographs.
- Contact Data includes address, email address and telephone numbers.
- Financial Data includes bank account, payment card details and PayPal address.
- Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
- 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 Site.
- Freelancer Profile Data includes your username and password, details of your professional qualifications, references, accreditations, experience and any other professional information you may choose to upload to your profile, details of engagements you have with customers via Our Site and the corresponding charges payable in relation thereto.
- Customer Profile Data includes your username and password, information about your business, details of your requirements for services and any other information you may provide when posting a job on Our Site.
- Usage Data includes information about how you use Our Site and services (including purchase or provision of services).
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
Where your relationship with us is on behalf of an organisation (e.g. where you are an employee of one of our registered freelancers or customers), the information in this privacy policy relates to how (if at all) we will process personal information relating to you as an individual.
We refer to the above categories of data in our ‘Purposes for which we will use your personal data’ tables below.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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 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.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel the contract but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact, Financial, Freelancer Profile or Customer Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create or update your account on Our Site (either as a freelancer or as a customer);
- submit an enquiry via Our Site (either as a registered customer seeking freelance HR advice or as an unregistered user submitting a general enquiry);
- subscribe to our marketing communications;
- give us some feedback or contact us.
- Automated technologies or interactions. As you interact with Our Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy https://lavasource.com/terms-of-service/ for further details.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the UK;
- social media providers such as Twitter, Instagram, Facebook, LinkedIn, YouTube based outside the UK;
- messaging software providers such as Intercom, based outside the UK.
- Contact, Financial and Transaction Data from providers of technical and payment services such as Stripe and PayPal based outside the UK.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- 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.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending certain direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing, where it applies, at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
The tables are separated into categories as follows: (1) users of Our Site and individuals who have signed up to our marketing communications, (2) registered freelancers and (3) registered customers. Please consult the section(s) that is/are relevant to you.
| (1) Users of Our Site and individuals who have signed up to our marketing communications | |||
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest | Third party processing and international transfer information |
| To manage our relationship with you which will include notifying you about changes to our terms or privacy policy | (a) Identity (b) Contact (c) Marketing and Communications |
Necessary to comply with a legal obligation |
|
| To administer and protect our business and Our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
|
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Usage (d) Marketing and Communications (e) Technical |
Necessary for our legitimate interests (to study how people use Our Site, to develop it, to grow our business and to inform our marketing strategy) | |
| To use data analytics to improve Our Site, marketing, user relationships and experiences | (a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of users for Our Site and services, to keep Our Site updated and relevant, to develop our business and to inform our marketing strategy) | |
| To make suggestions and recommendations to you about services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage |
Necessary for our legitimate interests (to develop Our Site and grow our business) | |
| (2) Freelancers registered on Our Site | |||
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest | Third party processing and international transfer information |
| To register you as a freelancer on Our Site, to collect commission payments from you, and in some cases, manage payments due to you | (a) Identity (b) Contact (c) Freelancer Profile (d) Transaction (e) Financial |
Performance of a contract with you | |
| To manage our relationship with you which will include notifying you about changes to our terms or privacy policy or providing you with alerts and notifications | (a) Identity (b) Contact (c) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to alert you to potential jobs available to you via our Site) |
|
| To administer and protect our business and Our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
|
| To use data analytics to improve Our Site | (a) Technical (b) Usage |
Necessary for our legitimate interests (to keep Our Site updated and relevant and to develop our business) | |
| (3) Customers registered on Our Site | |||
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest | Third party processing and international transfer information |
| To register you as a new customer, to enable you to source freelance HR advice via Our Site, and in some cases to receive payment from you on behalf of our freelancers | (a) Identity (b) Contact (c) Financial (d) Transaction |
Performance of a contract with you | |
|
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy |
(a) Identity (b) Contact (c) Customer Profile |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
|
| To administer and protect our business and Our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
|
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (c) Identity (d) Contact (e) Customer Profile (f) Usage (g) Marketing and Communications (h) Technical |
Necessary for our legitimate interests (to study how users use Our Site, to develop it, to grow our business and to inform our marketing strategy) | |
| To use data analytics to improve Our Site, services, marketing, user relationships and experiences | (a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of users for Our Site, to keep Our Site updated and relevant, to develop our business and to inform our marketing strategy) | |
| To make suggestions and recommendations to you about services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Customer Profile |
Necessary for our legitimate interests (to develop Our Site and grow our business) | |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You can manage your marketing preferences or opt out of marketing at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Freelancer Profile or Customer Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
You will receive marketing communications or notifications from us if you have requested this information from us and/or have not opted out of receiving that marketing as applicable.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside of Lavasource for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of Our Site may become inaccessible or not function properly. For more information about the cookies we use, please see https://lavasource.com/terms-of-service/.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Third Parties as set out in the Glossary.
- 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.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Lavasource is based in the UK and we do not transfer your personal data outside the UK. Our registered freelancers and customers may be based outside of the UK and may access Our Site and any personal data you have uploaded or otherwise made available via Our Site from countries outside the UK. We are not responsible for how our registered freelancers and customers handle personal data and encourage you to consult the privacy policy of any freelancer or customer with whom you have a relationship.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, 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.
Details of retention periods for different aspects of your personal data are available on request, please contact us for further information.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
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 may refuse to comply with your request in these circumstances.
What we may need from you
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.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may 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.
10. GLOSSARY
LAWFUL BASIS
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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
- A service provider acting as a processor based outside the UK who provides messaging software services:
- Intercom
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data 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. 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) 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 of 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 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. 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.
