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Privacy Notice

https://berne.media/privacy-policy is the Privacy Notice for sites owned and
operated by Berne (UK) Limited, these include https://www.techoctopus.com and
https://www.martechtracker.com as well as microsites hosted on berne.media

This notice was last updated May 2023

This privacy notice is regularly reviewed and will be updated when necessary.
Any changes will be effective from the publication date.

1. Communications and updates

This section is designed to help you understand what we do with information
about people, referred to as “personal data”.

We take your privacy very seriously. Please read this privacy notice carefully
as it contains important information on who we are and how and why we collect,
store, use and share personal data in connection with your use of our websites
and when we deliver services to our clients. It also explains your rights in
relation to your personal data and how to contact us or a relevant regulator in
the event you have a complaint.

Berne (UK) Limited (a company limited by guarantee, registered in England and
Wales. Company registration number 06577006) is the controller of your personal
data. We specialise in prospect engagement and demand generation for Global B2B
Brands. We’re led by our customer-first principles and a code of ethics. Berne
(UK) Limited currently includes the following brands which operate within it:
oneninefive; berne.media; TechOctopus; and Martech Tracker.

This Privacy Notice applies to personal data collected by Berne (UK) Limited,
our brands (collectively referred to in this Privacy Notice as “we”, “us” or
“our”) on websites (including mobile sites and apps) which link to this Privacy
Notice, via registration forms, surveys, competition entries, at events
(including awards), if you contact us (online, by post, telephone or social
media), and where we collect and process personal information about you in order
to provide services to you and our clients.    

Our registered office address is at Berne (UK) Limited, 60 Great Portland
Street, London, United Kingdom, W1W 7RT.

If you have any questions or concerns about the information on this page, or
about what we do with personal data, or otherwise wish to contact us, please:

 * Fill our contact form
 * Call us on +44 20 4525 6570 (we aim to answer all calls received between 10am
   and 4pm UTC on weekdays, excluding UK public holidays, at all other times you
   can leave a voice message)
 * Email us for the attention of the DPO at dpo@berne.media, or write to us at
   Berene (UK) Limited, 60 Great Portland Street, London, United Kingdom, W1W
   7RT, for the attention of the DPO.

Given the nature of our website and our services, we do not expect to collect
the personal data of anyone under 18 years old. If you are aware that any
personal data of anyone under 18 years old has been shared with us please let us
know so that we can delete that data.

2. The data we collect and how we respect your preferences

As a business we aim only to collect and process personal data as it relates to
an individual’s professional role. Collection of personal data outside of this
scope is purely accidental, for example, if we hold a gmail.com or hotmail.com
email address, a cell/mobile number or any other contact details, then we
believe these to be used for business purposes.

If we contact you on a phone or email address that you do not regard as business
related, please contact us or use our preference centre to request removal.

Please note, while we will try our best to unsubscribe you from communications,
if you have multiple email aliases or phone numbers and we do not hold a link
between these details, you may need to submit multiple requests for each contact
point.

Changes to preferences are normally reflected immediately, but may take up to 30
days to take effect and be reflected in all communications channels.



3. How we collect your personal data

We use different methods to collect data from and about you including through:

 1. Information you give to us (direct): When you complete a form or volunteer
    your details in some other way, we typically collect the following
    information about you: your name, company name, email address, telephone
    number, social media handles and any associated in business topics, where
    you explicitly shared with us, or we derive it from content.
    
 2. Information we collect (indirectly): The use of ’information in the public
    domain’:  When we refer to “information in the public domain”, we are
    talking about websites that can be accessed without any special login or
    subscription or sites that require free login (not subject to any special
    terms or conditions). For example:

- LinkedIn;
- Twitter;
- Facebook;
- free-to-access business aggregation-based sites (for example, Crunchbase.com
and theorg.com);
- blog posts;
- news sites that discuss B2B topics and include mentions of individuals; and  
  events sites that list speakers and attendees.

 3. Client data: When providing services to clients, we will collect your name,
    business address and contact information, including business email address,
    business telephone number and company details, together with your personal
    and professional interests and information relating to your professional and
    personal online presence.
    
 4. E-mail information in the publc domain: If you have publicly shared a
    non-work email address we may capture and store it for the purpose of
    including it in an anonymised “matched audience”. We will only send email to
    personal addresses if you have given us your consent to do so.
    
 5. Matched data in the public domain: We may match your email address provided
    to us with publicly available personal data collected about you for the
    purposes of providing us with more information about you and to ensure that
    the data we hold about you is accurate and up-to-date.



 6. Information we collect from third-party partners:  Our third-party data
    providers will have built their own pictures about you in the same way we
    have described above.

 1. We may purchase this data from them to facilitate contact with you in
    connection with the services we offer, as a legitimate business interest of
    ourselves and our customers.
 2. When using digital advertising audiences, for example via Google Ad Network
    or LinkedIn, we use pre-created audiences (i.e. lists of device IDs inferred
    to be used by people with specific characteristics). These audiences are
    matched against criteria such as, for example, people who work for a list of
    companies with specific roles, or individuals who are matched from a list of
    email addresses. In these cases, we are never able to identify individuals
    within the anonymised audience.
 3. When using direct marketing audiences, including via telemarketing or email
    marketing, we use and contact pre-created audiences supplied by third-party
    partners. These audiences are matched against a criteria to ensure that the
    marketing is relevant for that person, such as by ensuring that the topic of
    interest relating to the content matches the job title of the individual.
    

 7. Information we collect from our group:  We may also collect/share
    information about you from our group members, for example via our group-wide
    Customer Relationship Management system (CRM), which allows us to optimise
    our client relationships. Each of our company group members has access to
    this CRM. Any personal data which is inserted or otherwise uploaded into the
    CRM will, therefore, be accessible by our company group, but only for
    legitimate business purposes such as administrative functions, or to
    leverage existing relationships to offer complimentary services or
    additional services offered by our wider group. Please see here
    https://www.agent3.com/about/ for a list of the entities within our
    immediate Group.
    
 8. Automated technologies or interactions: As you interact with our websites,
    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.



4. The personal data we collect about you

In order for us to provide our services and to help our clients better market to
and sell to their customers and prospective customers, we will collect and use
the following personal data about you:

 1.  your name, business address and contact information, including business
     email address and business telephone number and company details;
 2.  your social media handles;
 3.  location data as it relates to professional activities, for example the
     office location you mainly work at, or the location of a professional event
     you attended;
 4.  your activities on, and use of, our website;
 5.  your personal or professional interests;
 6.  your professional and personal online presence (for example, your LinkedIn
     or Twitter profiles);
 7.  professional content creation (for example, posts you make on blogs or
     social media in relation to professional activities); and
 8.  mentions of you in the media and on social media (in relation to your
     professional interests and activities).
 9.  Technical Data including 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 this website.
 10. Usage Data includes information about how you use our website and services.

If we hold your personal data for the purposes set out in this privacy notice
you can be assured that it only relates to your professional business activities
and that we identified you as likely to find the commercial offerings of one of
our clients relevant to you. Furthermore, if you have opted-out of
communications from us or one of our clients or partners, we will have taken
steps to make sure you are removed from any communications in our control.

If you do not provide personal data we ask for, it may delay or prevent us from
providing our services.


5. How we use your data

 1. Own marketing:  We may use your personal data to send you details of our
    client’s products or services as well as other related content that may be
    of interest, such as sponsored whitepapers, webinars and guides, that we
    have identified as likely to be of interest to you. We will aim to only send
    you information in line with the preferences you indicated when you provided
    the personal data and where you have provided your consent for us to do so.
     We may also send you marketing information in relation to  our products and
    services on the basis of legitimate interests, where we believe you may have
    an interest in the marketing material shared with you based on your job
    title, function and area of expertise.

If at any point you would like to opt-out of receiving communications from us,
would like to change the types of content or topics that you receive
communications about, or would like to change the channels (such as email or
post) that we use to contact you, please contact us using the contact details
above or click the preferences link contained at the bottom of our email
marketing communications.

 2. Our marketing via Partners : From time to time, we use partners to
    distribute content on behalf of our brands, to individuals on the basis of
    legitimate interests, where we believe you may have an interest in the
    marketing material shared with you based on your job title, function and
    area of expertise.

Communications from partners will include their own opt-out options allowing you
to control your preferences in these instances. If however, you have informed us
of your preference to opt-out of communications from our brands, we make every
reasonable effort to ensure our partners also respect these preferences by
sharing an email suppression list with them.

 3. Third-party marketing:  From time to time we would like to send you offers
    about products and services by email, which we feel would be of interest to
    you, or other carefully selected third-parties, which we feel would be of
    interest to you based on your job title, function and area of expertise.  

You may at any time withdraw your consent or raise an objection under the legal
basis of legitimate interest by using the contact details above or click the
unsubscribe link contained at the bottom of our email marketing communications

 4. Third-party data sharing for marketing:  From time-to-time we may pass your
    business contact details to relevant third parties to enhance their own
    marketing activities.

We will do this where: 1. There is a high likelihood your profile is similar to
other consumers for the products and services the third party provides to its
customers. 2. The third party has demonstrated that they have the appropriate
mechanisms in place to respect marketing preferences you may express in the
future, including the deletion of your contact details if requested. 3. Where we
have a legitimate interest to do so and we have assessed any risk to your rights
is very low.  

You may at any time withdraw your consent or raise an objection under the legal
basis of legitimate interest by contacting the relevant brand.

 5. Sharing with our brands and Affiliates:  From time to time we would like to
    be able to pass your details to relevant brands within our group and trusted
    affiliates.

You may at any time withdraw your consent or raise an objection under the legal
basis of legitimate interest by contacting the relevant brand.



6. Legal basis

Under data protection law, we can only use your personal data if we have a valid
lawful basis for example:

 1. Consent. This means that you have agreed to let us process your personal
    data, in the form of an opt-in or disclaimer, as explained at the point of
    data collection. You can change your mind at any time.
    
    You can change your mind and withdraw your consent by contacting us using
    the contact details above, or by writing to us at Berne (UK) Limited, 60
    Great Portland Street, London, United Kingdom, W1W 7RT.
    
 2. Legitimate Interest: This is when we have a business or commercial reason to
    use your information, so long as this is not overridden by your own rights
    and interests. We will carry out an assessment when relying on legitimate
    interests to balance our interests against your own. Please note that under
    this legal basis you have a right to object to the data processing activity.
    If you do wish to raise an objection then please contact us on the details
    provided above.
    
 3. Performance of a Contract: This means we need to process your data in
    relation to a contract between us and you (eg: the content download you
    submit your email address for).
    
 4. Vital Interests: This is when we may need to contact you if there are any
    urgent safety notices to communicate to you or where we otherwise reasonably
    believe that the processing of your personal information will prevent or
    reduce any potential harm to you.
    
 5. Legal Obligation: This means that we have to process the personal data in
    order to comply with the law.

Details of the lawful basis we rely upon for each processing scenario set out
below.



7. How we process your personal data

Purpose of processing your personal data

Activity

Purpose of processing

Lawful basis

Commercial enquiries

Respond to customer requests and communicate with you.

Provide customers with information about our products and services.

In order to manage queries, complaints, or claims.

Legitimate Interest

Direct marketing from data in the public domain

Provide marketing content that is useful to individuals based on their job title
Connect brands with individuals that are interested in their product, only where
those individuals have given consent to do so.

Legitimate Interest

Direct marketing from customer data

Provide individuals with marketing content that is useful to them, based on
their expressed topic interests only. Connect brands with individuals that have
expressed interest in receiving marketing content related to their product.

Consent

Legitimate Interest

Contract management

To establish your eligibility to use our services, to deliver services and
support to you.  

Performance of a contract

Provide services to our clients/ comply with our contract with our
customers/clients

To provide services to our clients which may include, building a list of
contacts; and identifying and analysing posts that individuals have put in the
public domain with the objective of information others of their interests and
needs in relation to their business activities.

Legitimate Interest

Website management and activities

To assess and improve our services and website, for analysis to improve our
services, and to enhance and personalise your user experience (including to
improve the recommendations we make to you on our website),      To monitor
usage of our site, record traffic flows, and to carry out research about its
user demographics, interests and behaviour in order to better understand the
users of our website. To carry out database and website administration.

Legitimate Interest

Security and fraud prevention

For network and information security in order for us to take steps to protect
your information against loss or damage, theft or unauthorised access. For
prevention of fraud and other criminal activities. For the establishment and
defence of our legal rights

Legitimate Interest

Data Subject enquiries

To comply with a request from you in connection with the exercise of your rights
(for example where you have asked us not to contact you for marketing purposes,
we will keep a record of this on our suppression lists in order to be able to
comply with your request)

Legitimate Interest/legal obligation

Safety information.

To contact you if there are any urgent safety notices to communicate to you or
where we otherwise reasonably believe that the processing of your personal
information will prevent or reduce any potential harm to you

Vital interests

To comply with our legal obligations:

To assist any public authority or criminal investigation body. To identify you
when you contact us. To verify the accuracy of data we hold about you

Legal obligation.

8. Sharing your personal data

We only share your personal information with trusted third party data processors
(like software platforms used to coordinate projects, communications systems
providers such as SMS, email delivery platforms, and telemarketing providers)
where we have retained them to provide services that you or our clients have
requested. These third parties comply with similar and equally stringent
undertakings of privacy and confidentiality. We only allow those organisations
to handle your personal data if we are satisfied they take appropriate measures
to protect your personal data.

8.1 We share your personal data with third parties for marketing purposes as
detailed in points 4 c, d and e above.

8.2 We may share your personal data with:

 1. Any other trading arm of Berne (UK) Limited, as stated in the intro to this
    Privacy Notice and members of our wider group, including to our parent
    company Next Fifteen Communications Group plc for legitimate business
    purposes such as administrative functions, or to leverage existing
    relationships to offer complimentary services or additional services offered
    by our wider group.          
 2. our clients to whom we are providing our services to (this specifically
    excludes information like personal email or home address) for the purposes
    of provision of our services;
 3. other third parties we use to help us collect personal data, such as
    business partners, suppliers and subcontractors, contact data providers,
    market research agencies and website analytics providers for the purposes of
    providing services directly to you or on our behalf;
 4. other third parties who help us to engage with audiences, such as ad and
    social networks, publishers and tele-qualification providers for the
    purposes of providing services to you;
 5. external auditors, e.g. in relation to the audit of our accounts, in which
    case the recipient of the information will be bound by confidentiality
    obligations;
 6. professional advisors (such as lawyers and other advisors), in which case
    the recipient of the information will be bound by confidentiality
    obligations;
 7. law enforcement agencies, courts, tribunals and regulatory bodies to comply
    with our legal and regulatory obligations; and
 8. other parties in connection with a significant corporate transaction or
    restructuring, including a merger, acquisition, asset sale, initial public
    offering or in the event of our insolvency. Usually, information will be
    anonymised but this may not always be possible, however, the recipient of
    the information will be bound by confidentiality obligations.

8.3 In the case of personal data obtained via our websites:

 1. analytics and search engine providers that assist us in monitoring usage of
    our websites, subject to our cookie notice below.

9. Disclosure of personal information

We may also share your information with third parties:

 1. If we sell or buy assets, in which case we may disclose your personal
    information to the prospective buyer or seller, subject to the terms of this
    privacy notice.
 2. If the assets of Berne (UK) Limited or any organisations which are part of
    Berne (UK) Limited are acquired by a third party and members and contacts
    are one of the transferred assets.
 3. If we are legally required to share your personal data, or in order to
    enforce or apply our contractual terms and conditions with you.
 4. To protect the rights, property, and safety of TechOctopus, our customers,
    and others. This includes sharing your personal information with other
    organisations for the purposes of fraud protection, credit risk reduction
    and preventing cybercrime.

10. Transfer of your personal data

The EEA, UK and other countries outside the EEA and the UK have differing data
protection laws, some of which may provide lower levels of protection of
privacy.

Due to the global nature of our business, it is sometimes necessary for us to
share your personal data to countries outside the UK and EEA, such as the US and
Australia. In those cases, we will comply with applicable UK and EEA laws
designed to ensure the privacy of your personal data.

For example, we may transfer your personal data to:

 * clients who are based in other markets;
 * systems and platforms, which store data in other jurisdictions; and
 * our global group companies to facilitate our business activities.
 * carefully selected partners that we contract to carry out work on our behalf

Under UK and EU data protection laws, we can only transfer your personal data to
a country outside the UK/EEA where there is a transfer mechanism approved by the
UK government or the European Commission, or where there are appropriate
safeguards in place, together with enforceable rights and effective legal
remedies for you, or where a specific exception applies under relevant data
protection law.

If you would like further details about these data transfers please contact us
using the details set out above.      

11. Retention period

We won’t keep your personal data any longer than we need to and for the purposes
for which it was collected and used. You can take a look at our data retention
policy by contacting us using the contact details above.

In terms of personal data we use for marketing, we will keep this data for as
long as we are able to market to you.  If you withdraw your consent, we will
keep your details to make sure we don’t contact you again for marketing
purposes, and for our own legal, regulatory, and accounting purposes.

Our clients will keep the personal data we collect about you and pass onto them
in accordance with their own retention periods and subject to their own privacy
policies.

12. Automated Decision Making and Profiling

Your data will not be subject to any automated decision making or profiling that
produces significant legal effects.

13. Your data matters. Your rights as a data subject.    

Your rights and how to exercise them – individuals in the United Kingdom,
Switzerland, the European Economic Area and Canada:

If your personal data is subject to UK or EU data protection laws, then you have
certain rights under the UK GDPR and the EU GDPR which we summarise below. If
you are based in Canada and your personal data is subject to Canadian data
protection laws, you broadly have the same rights as individuals whose personal
data is subject to UK or EU data protection laws (although such rights will be
subject to applicable Canadian law).  

 1. Access: With some exceptions designed to protect the rights of others or in
    respect of airport security, you have the right to a copy of the personal
    data that we hold about you. We may make a reasonable charge for additional
    copies of that data beyond the first copy, based on our administrative
    costs. Where the data is data that you have given to us, you have the right
    to receive your copy of it in a common electronic format, and to provide
    copies of it to other people if you wish.
    
 2. Correction: You have the right to have the personal data we hold about you
    corrected if it is factually inaccurate. This right does not extend to
    matters of opinion.
    
 3. Deletion: In some limited circumstances, you have the right to have personal
    data that we hold about you erased (“the right to be forgotten”). This right
    is not generally available where we still have a valid legal reason to keep
    the data (for example, for fraud prevention or because we are obliged to do
    so by law).
    
 4. Objection: You have the right to object to our processing of your personal
    data where we rely on “legitimate interests” as our legal basis for
    processing, but we may be able to continue processing if our interest
    outweighs your objection.
    
 5. Opting out of marketing:  You have the right to require us to stop using
    your personal data to send you marketing information. If you want us to stop
    sending you marketing information, the quickest and most efficient way is to
    use the provided “unsubscribe” links in our communications (although you can
    contact us directly if you prefer).
    
 6. Temporary restriction: You also have the right in some circumstances to
    request that temporary restrictions are placed on how we process your
    personal data, for example if you contest its accuracy or where we are
    processing it on the basis of our legitimate interest and you contest our
    assessment that our interest overrides your rights.
    
 7. Withdrawing consent: If we are processing your personal data on the basis of
    your consent, you have the right to withdraw that consent at any time, in
    which case we will stop that processing unless we have another legal basis
    on which to continue.

Further information:  For further information on each of those rights, including
the circumstances in which they do and do not apply, please contact us using the
information above.

You may also find it helpful to refer to the guidance from the UK’s Information
Commissioner on your rights under the UK GDPR.

How to exercise your rights:  The easiest method of exercising your rights is
to:

 * email our data protection team on dpo@berne.media; or
 * write to us at Berne (UK) Limited, 60 Great Portland Street, London, W1W 7RT,
   United Kingdom, marked for the attention of the DPO.

In order to protect your privacy, we may ask you to prove your identity before
we take any steps in response to a request you have made.

Your rights and how to exercise them – individuals in California

If your personal data (called “personally identifiable information” for the
purposes of California law) is subject to California law, then you have certain
rights under the California Consumer Privacy Act (CCPA) as amended by the
California Privacy Rights Act (CPRA)

 1. Opt-out of sale: With some exceptions, California residents have the right
    to opt out of any sale of their personal information. You may enforce this
    right by clicking this link: [“Do Not Sell My Personal Information”]. You
    may also contact us at +1 347-410-6902. California residents may designate
    authorized agents to make such requests on their behalf. We must wait at
    least 12 months before asking you to opt back in to the sale of your
    personal information, where you have previously opted-out.
    
 2. Disclosure (“right to know”): With some exceptions, California residents may
    request that we disclose to you what personal information we have collected,
    used, shared or sold about you, and why we collected, used, shared or sold
    that information. You may obtain this information from us free of charge.
    The information provided will be for the 12-month period preceding your
    request.
    
 3. Deletion: In some limited circumstances, you have the right to have personal
    data that we hold about you erased. This right is not generally available
    where we still have a valid legal reason to keep the data (for example, for
    fraud prevention or because we are obliged to do so by law).
    
 4. Non-discrimination: We cannot deny services, charge you a different price,
    or provide a different level or quality of services just because you
    exercised your rights under the CCPA. However, if you refuse to provide your
    personal information to us or ask us to delete or stop selling your personal
    information, and that personal information or sale is necessary for us to
    provide you with services, we may not be able to complete that transaction.

How to exercise your rights:  The easiest method of exercising your rights is
to:

 * Email us with you: First Name. Last Name, Business Email, Company Name, Phone
   Number and Job Title and your request type: Access, Deletion, communications
   opt-out
 * email our Data Protection Officer at dpo@berne.media; or
 * contact us at +1 347-410-6902

In order to protect your privacy, we may ask you to prove your identity before
we take any steps in response to a request you have made.

14. How to complain  

Please contact us if you have any queries or concerns about our use of your
information (see above contact information). We hope we will be able to resolve
any issues you may have.

If your personal data is subject to UK or EU data protection laws, then you have
the right to lodge a complaint about our handling of your personal data with
your local supervisory authority, although we do ask that you raise any concerns
with us first as we can probably address them much more efficiently.

In the United Kingdom, the Information Commissioner’s Office is your local
supervisory authority.  The UK’s Information Commissioner may be contacted at
https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.  You can
find a list of the supervisory authorities for EU member states here [Link to
https://edpb.europa.eu/about-edpb/board/members_en].                            
                                                   

15. Cookies

A cookie is a small piece of information sent by a web server to a web browser,
which enables the server to collect information from the browser.

Find out more about cookies on http://www.allaboutcookies.org/.

We use cookies to identify you when you visit this website and to keep track of
your browsing patterns and build up a demographic profile.

Our use of cookies also allows registered users to be presented with a
personalised version of the site, carry out transactions and have access to
information about their account.

16. Third Party websites and cookies and security

Our website may contain links to other websites that are outside our control and
are not covered by this Privacy Notice.

We have appropriate security measures to prevent personal data from being
accidentally lost, or used or accessed unlawfully. We limit access to your
personal data to those who have a genuine business need to access it. When we
share data with our third-party clients, data is sent in an encrypted format.

We also have procedures in place to deal with any suspected data security
breach. We will notify you and any applicable regulator of a suspected data
security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your
information and your computers and devices against fraud, identity theft,
viruses and many other online problems, please visit www.getsafeonline.org. Get
Safe Online is supported by HM Government and leading businesses.

 17. Changes to the Privacy Notice

This privacy notice is regularly reviewed and will be updated when necessary.

Any changes will be effective from the publication date.

This notice was last updated April 2023