Ark Data Centres: COVID-19 Statement

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Legal

Privacy PolicyDocument Ref: 5159-A-Privacy Notice (Third Parties)Version 1.1 - Issue date: 25 May 2020

Introduction

Ark Data Centres Limited and our group companies (collectively “Ark“, “we“, “us“) take the security and privacy of data seriously. We need to gather and use certain information or ‘data’ about you in order to perform to manage our relationship with you. In addition, we are also required to comply with our legal obligations under applicable privacy laws, including the European Union’s General Data Protection Regulations (“GDPR”), and local laws which implement it in the United Kingdom.

This Privacy Notice explains who we are, how we collect, share and use personal data about you and how you can exercise your privacy rights. This Privacy Notice only applies to external visitors to our facilities. It does not apply to our employees, who should read our separate Employee Privacy Notice.

If you have any questions or concerns about our use of your personal data, then please contact us using the contact details provided at the bottom of this Privacy Notice.

What do we do?

Ark designs, builds and operates data centres. Our data centres are secure facilities for our clients to host servers for the operation of their businesses. Security is therefore essential to the operation of our facilities and we must operate comprehensive security and monitoring systems in order to protect our facilities and our clients.

What data does Ark collect and why?

Ark will collect, process and retain information about you that you provide voluntarily, that we collect automatically and that we obtain from third party sources, such as your employer. In general, we will use the personal data that we collect from you only for the purposes described in this Privacy Notice, or for purposes that we explain to you at the time we collect your personal data. However, we may also use your personal data for other purposes that are not incompatible with the purposes that we have disclosed to you, if and where this is permitted by applicable data protection laws.

Site visitors

If you visit our data centres, the personal data that we process will include:

  • identity and contact details, such as name, address, telephone number and vehicle registration number;
  • CCTV footage and images of persons on or about Ark premises;
  • location information for persons at Ark premises including without limitation access logs from card readers and other access control devices at Ark premises;
  • information that identifies persons and/or devices making use of Ark networks including IP address, MAC address, device IDs or “fingerprints”, usage information (such as the time, duration and location where you used our networks) and administrative information (for example to obtain assistance or help with technical difficulties);
  • biometric fingerprint data for the operation of our security systems for access to data centre buildings and data halls, where you have provided consent for us to enrol and use your biometric fingerprint data on access cards that we may issue to you; and
  • in response to external events such as public health emergencies (domestic or international), we may require information on travel and movements (abroad and within the United Kingdom), specific health symptoms experienced within a specific time period or exposure to others displaying those symptoms.

We collect and use this data for the purposes of:

  • operating and managing our data centre facilities and our group’s data centre business;
  • ensuring that our data centre facilities are kept secure;
  • enabling us to respond to incidents and alerts relating to the security or operations of our data centre facilities;
  • detecting and preventing breaches of policy or procedure or criminal activity and reporting on such breaches or criminal activity to those affected by it;
  • to comply with our contracts with our clients who host their servers at our data centre facilities;
  • to protect your vital interests and ensure your health and safety when you are visiting our data centre premises, including for emergency roll-calls and reporting to emergency services;
  • for statistical analysis and reporting on the use of our premises;
  • to comply with applicable laws, regulations, guidance, industry codes of practice and good industry practices; and
  • to better manage the risk of exposure on site during external events such as public health emergencies.

Emergency contacts

If you are listed as an emergency contact for one of our clients, the personal data that we process will include your identity and contact details, including your name, position, email address and telephone number. We will use your contact details to get in touch with you where there is an emergency, where our contract with our client or supplier who you represent requires us to do so, or where we have other legitimate reasons for doing so relating to the operation of our data centre facilities.

Website visitors

If you visit our website, the personal data that we process may include:

  • information that you provide us, for example we may ask you to provide contact details in order to receive marketing correspondence or news or to arrange a site visit; and
  • information that we collect automatically, such as your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information, including the pages accessed and the links clicked.

Collecting this information enables us to better understand the visitors who come to our website, where they come from, and what content on our website is of interest to them. We use this information for internal analytics purposes, and to improve the quality and relevance of our website to our visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.

Sales, marketing and customer relationship management

If we obtain your personal data for sales and marketing purposes, or for the purposes of managing our relationship with one of our clients or suppliers, the personal data that we process may include your identity and contact details, including your name, position, email address and telephone number, and information about whether or not you have opted-out from receiving any of our correspondence. We use this information for sales and marketing purposes, and for the purposes of managing our contracts and relationships with our clients and suppliers.

Employees and contractors

If you are one of our employees or contractors, or if we need to vet you for security reasons, then you should read our Privacy Notice for Employees. Please contact us using the details below to request a copy.

Cookies and similar tracking technology

We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal data about you.  For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookie Notice (https://arkdatacentres.co.uk/legal/cookies/).

Who do we share your personal data with?

We may disclose your personal data to the following categories of recipients:

  • to our group companies, data centre occupiers, third party contractors, services providers or suppliers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our website or to provide security services to us for the management of our data centres), or who otherwise process personal data for purposes that are described in this Privacy Notice or notified to you when we collect your personal data;
  • to any competent law enforcement body, regulatory, health, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
  • to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our group’s business, provided that we inform the buyer it must use your personal data only for the purposes of assessing the proposed purchase, merger or acquisition or for such other purposes that are disclosed in this Privacy Notice; or
  • to any other person with your consent to the disclosure.

Legal basis for processing your personal data

Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.

However, we will normally collect personal data where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests include:

  • the need to keep our data centre facilities safe, secure and to manage them properly;
  • to market our services to prospective clients;
  • to manage our supply chain;
  • to perform contracts with our clients; and
  • our group accounting and audit purposes.

We take measures to ensure that your personal data is kept secure and to limit our processing activities to what is necessary for our legitimate interests. We also give you the right to object to processing that we undertake for our legitimate interests (please see the section entitled “your data protection rights” below); however please note that if you exercise your right to object to some of our processing activities we may need to restrict your access to our data centre facilities.

In some cases, we may also have a legal obligation to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another person (e.g. for the purposes of contacting emergency services in the event of an accident or incident at our facilities). We may also obtain your consent where we need to process certain special categories of data (including biometric data) for the operation of our security systems.

If we ask you to provide personal data to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal data).

If you have questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us using the contact details provided under the “How to contact us” heading below.

Who will process your personal data and where will it be processed?

Your personal data may be processed by Ark and by those categories of third parties to whom we are entitled to disclose your personal data. Your personal data may be transferred to and processed in countries other than the United Kingdom. These countries may have data protection laws that are different to the laws in the United Kingdom (and, in some cases, may not be as protective).

Specifically:

  • services hosted by Salesforce are held in data centres across the Americas, Asia Pacific and Europe;
  • our group companies operate in the United Kingdom and the Isle of Man;
  • the information and communications systems that we use to operate and management our data centre facilities (including our security systems and wireless networks) are located in the United Kingdom and the European Economic Area.

Where we do transfer your personal data outside of the European Economic Area, we have taken appropriate safeguards to require that your personal data will remain protected in accordance with this Privacy Notice. This may include implementing the European Commission’s Standard Contractual Clauses for transfers of personal data with third parties, which require those third parties to protect personal data they process from the EEA in accordance with European Union data protection law.

How do we keep your personal data secure?

We use appropriate technical and organisational measures to protect the personal data that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data. Specific measures we use include: encryption; anonymisation (where practicable); document classification; and all relevant controls from ISO 27001 (an internationally recognised information security standard).

How long will we retain your personal data?

We retain personal data that we collect about you where we have an ongoing legitimate business need to do so (for example, to maintain the security of our data centre facilities or to comply with applicable legal, tax or accounting requirements).

Where we have no ongoing legitimate business need to process your personal data, we will either delete or anonymise it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

In general, we will keep your personal data for the following periods:

  • identity and contact details – for as long as you hold an Ark access card;
  • CCTV footage and images of persons at Ark premises – in accordance with our contractual requirements, but no longer than 90 days (unless an incident occurs – such as a suspected crime or security breach – which requires us to keep footage and images relevant to the incident for a longer period of time);
  • location information for persons at Ark premises – no longer than 9 years;
  • information that identifies persons and/or devices making use of Ark networks – no longer than 9 years;
  • biometric fingerprint data – for as long as you hold an Ark access card;
  • contact details for sales and marketing – until you unsubscribe or otherwise object to or opt-out from our sales and marketing information (in which case we will still retain some basic details for the purposes of operating our suppression lists to ensure that we can respect your wishes); and
  • additional health screening information (in response to a public health emergency or otherwise)– no longer than a month from the visit, or such other period as appropriate or recommended by the prevailing guidance or regulation from the relevant authorities.

Your data protection rights

You have the following data protection rights:

  • If you wish to access, correct, update or request deletion of your personal data, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below.
  • In addition, you can object to processing of your personal data or ask us to restrict processing of your personal data. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “How to contact us” heading below.
  • Similarly, if we have collected and process your personal data with your consent (for example, for the enrolment and use of your biometric fingerprint data for your security access card), then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm)

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Please note that, if you exercise your data protection rights in a way that will impact on the normal operation of our data centre facilities, then we may need to restrict your access to our facilities.

Updates to this Privacy Notice

We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.

You can see when this Privacy Notice was last updated by checking the “effective date” displayed at the top of this Privacy Notice.

How to contact us

If you have any questions or concerns about our use of your personal data, please contact us using the following details:

E-mail GDPR@arkdatacentres.co.uk or write to the Legal Director at the address below.

The data controller of your personal data is Ark Data Centres Limited, Spring Park, Westwells Road, Corsham, Wiltshire SN13 9GB, England.

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