1. About This Privacy Policy

This privacy policy applies when you visit or use our websites, apps and other services, including events, that refer or link to this privacy policy (each, a "Service"). This privacy policy may be supplemented by additional privacy statements, terms or notices provided to you.
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Definely is the primary controller of your personal information provided to, or collected by or for, the Service.

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We will indicate within the registration processes of our products and services and other registration forms what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Definely is able to provide to you.
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For information about the handling of personal information contained in our service content, such as in case law, please read our Fair Processing Statement below.

2. Information We Collect

We collect information about you in three ways: directly from your input, from third-party sources, and through automated technologies. More information about our specific third-party processors is included in Appendix 1.

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2.1 Data You Provide to Us

The types of personal information that we collect directly from you depends on how you interact with us and the Service, which may include:

• Contact details, such as your name, email address, postal address, social media handle, and phone number;
• Account login credentials, such as usernames and passwords, password hints and similar security information;
• Other account registration and profile information, such as job title, educational and professional background and qualifications, and photo;
• Payment information, such as a credit or debit card number;
• Comments, feedback and other information you provide to us, including search query data and questions or information you send to customer support; and/or
• Interests and communication preferences, including preferred language.

2.2 Data From Your Organisation

We may obtain personal information about you from the organisation with which you are employed or affiliated in order to activate and manage your access to and use of the organisation’s subscription to the Service, including:

• Contact details, such as your name and organisational email address, postal address, and phone number;
• Other account registration information such as job title; and/or
• Organisational user ID

2.3 Data From Other Sources

We also may obtain contact details and other information about you from our affiliates and from other third parties, including:

• Social networks when you grant permission to the Service to access your data on one or more networks;
• Service providers that help us determine a location in order to customise certain products to your location;
• Businesses with which we offer co-branded services or engage in joint marketing activities; and/or
• Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

2.4 Data From Service Use, Including Cookies

The Service may automatically collect information about how you and your device interact with the Service, including:

• Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data;
• Hardware and software data via Google reCAPTCHA when you submit a form through our website to validate that the form is submitted by a real user.
• Usage data, such as the features you used, the settings you selected, your URL click stream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for on the Service;
• For educational Services, the course modules and test questions you view, answer or complete; and/or
• For location-aware Services, the region, city or town where your device is located in order to provide you with more relevant content for where you are in the world.

We collect this data through our servers and the use of cookies and other technologies. Cookies are small text files that can be read by a web server in the domain that put the cookie on your hard drive. We may use cookies and other technologies to store your preferences and settings, help you with signing in, provide targeted ads and analyse site operations. You can control cookies through your browser’s settings and other tools. However, if you block certain cookies, you may not be able to register, login, or access certain parts or make full use of the Service. For more details, see the cookie policy of the Service.

3. How We Use Your Information

Depending on how you interact with us and the Service, we use your personal information. to:

• Provide, activate and manage your access to and use of the Service;
• Process and fulfil a request, order, download, subscription or other transaction;
• Provide technical, product and other support and to help keep the Service working, safe and secure;
• Enhance and improve the Service and our other products, events, and services and to develop new products, services and benefits;
• Offer you customised content and other personalisation to make the Service more relevant to your interests and geography;
• Respond to your requests, inquiries, comments and concerns;
• Notify you about changes, updates and other announcements related to the Service and our other products and services;
• Deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests;
• Provide you with promotional messages and other information about products, events and services of ours, our affiliates and third parties such as sponsors;
• Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;
• Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a customer agreement; and/or
• Comply with our legal obligations, resolve disputes, and enforce our agreements.If you are an administrator of an organisation with a subscription to the Service, we will use your details to communicate with you about your organisation’s subscription and related services. If you supply us contact information of your colleagues, we may contact those individuals with communications about the Service that may include reference to you.

4. Sharing Your Information

4.1 Your Organisation

If you access the Service through a subscription administered by your organisation, your personal information and certain usage data gathered through the Service may be accessed by or shared with the administrators authorised by your organisation for the purposes of usage analysis, subscription management and compliance, training course progress, performance and remediation, cost attribution and departmental budgeting.

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4.2 Application Licensor

If you access a third-party application on the Service through a license agreement with the licensor of that application, personal information relevant that third-party application may be shared with the licensor so that it can provide you access to the application, subject to the terms of its license agreement and privacy policy.

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4.3 Our Group Companies and Service Providers

Dependent upon the Services provided, we share information with:

• Our service providers, suppliers, agents and representatives, including but not limited to, payment processors, customer support, email service providers, event venues and service providers, IT service providers, marketing service providers, research providers, mailing houses and shipping agents;
  to process the information as necessary to provide the Service, complete a transaction or fulfil your request or otherwise on our behalf based on our instructions and in compliance with this privacy policy and any other appropriate confidentiality and security measures.

4.4 Your Choices

We may share your personal information with our affiliates and with sponsors, joint venture entities and other third parties, including entities for which we are acting as an agent, licensee, application host or publisher, that wish to send you information about their products and services that may be of interest to you.
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The Service may let you post and share personal information, comments, materials and other content. Any such contributions that you disclose publicly may be collected and used by others. Please be careful when disclosing personal information in these public areas.

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4.5 For Legal Reasons

When we collect or otherwise process any personal information within the scope of European data protection laws, we do so:

• meet any applicable law, regulation, legal process or other legal obligation;
• detect, investigate and help prevent security, fraud or technical issues; and/or
• protect the rights, property or safety of Definely our users, employees or others; and
• as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.

5. Grounds for Processing

We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:

• where necessary to provide the Service, fulfil a transaction or otherwise perform a contract with you or at your request prior to entering into a contract;
• where necessary for our compliance with applicable law or other legal obligation;
• where necessary for the performance of a task carried out in the public interest;
• where necessary to enable our customers to comply with their legal obligations;
• where applicable, with your consent; and/or
• where necessary to operate our business, protect the security of our systems, customers and users, detect or prevent fraud, or fulfil our other legitimate interests as described in sections 2-4 above, except where our interests are overridden by your privacy rights.

Where we rely on your consent to process personal information, you have the right to withdraw your consent at any time, and where we rely on legitimate interests, you may have the right to object to our processing.

6. Data Retention

We retain your personal information for as long as necessary to provide the Service and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. If you access the Service through a subscription administered or sponsored by your organisation, we retain your organisational contact details after the termination of your organisation’s subscription to continue to communicate with you.

7. Locations of Processing

Your personal information may be stored and processed in your region or another country where Definely, its affiliates and their service providers maintain servers and facilities, including Belarus, Lithuania, Sweden, the United Kingdom and the United States. We take steps, including through contracts, intended to ensure that the information continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law.
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Where personal information is transferred from the European Economic Area (“EEA”) or Switzerland to a country that has not received an adequacy decision by the European Commission, we rely on appropriate safeguards, such as the European Commission-approved Standard Contractual Clauses and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, to transfer the data.

8. Data Security

We implement technical and organisational measures to seek to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the integrity, confidentiality, and availability of personal information.

9. Children's Privacy

We do not knowingly collect information from children under the age of 13 or target the Service to children under 13.

10. Accessing and Updating Your Information

10.1 Your Account

The Service may allow registered users to directly access and review their account information and make corrections or updates upon login at any time. Keeping such information up to date is the responsibility of the user. Registered users may also close their account directly through the Service or by contacting the Service’s customer support.

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10.2 Your Rights

You have the right under European and certain other privacy and data protection laws, as may be applicable, to request free of charge:

• access to your personal information;
• rectification or erasure of your personal information;
• restriction of our processing of your personal information, or to object to our processing; and
• portability of your personal information.

If you wish to exercise these rights, please contact us. We will respond to your request consistent with applicable laws. To protect your privacy and security, we may require you to verify your identity.

11. Changes

We will update this privacy policy from time to time. Any changes will be posted on this page with an updated revision date. If we make any material changes, we will provide notice through the Service or by other means.

12. Contact

The data protection representative for our business that is processing personal data within the scope of European data protection laws and located outside of the EEA and Switzerland is Defeyene Legal Solutions Limited trading as Definely.

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If you have any questions, comments, complaints or requests regarding this privacy policy or our processing of your information, please contact us. You may also lodge a complaint with the data protection authority in the applicable jurisdiction.

13. Supplementary Notices

13.1 Authors / Contributors

Where we contract with you to produce content for any of our services, such as to write books, legal analysis, reviews, guidance or legal opinion for dissemination to our subscribers, we will process some personal information about you. Such information includes:

• name, organisation, and contact details;
• professional experience, role, practice area, affiliations and subject expertise;
• professional biography or profile produced or approved by you, including your image, likeness or voice, which may be published within our services and made available to our subscribers alongside any content produced by you for Definely;
• financial information in order to facilitate payments for works produced;
• editorial and reviewer commentary and feedback as part of peer review; and
• administration information such as author work progress updates.

The above information is processed in order to facilitate the publication of the work and to administer, manage and fulfil our contract with you.

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You may choose not to be contacted by Definely to produce content for us by contacting us via the communications that you receive from our content development teams, or via the contact details provided within this policy.

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Please refer to the main section of this privacy policy for details on your rights, retention, locations of processing, and contact details for any privacy and data protection enquiries.

Definely Fair Processing Statement 

Some of the content that we provide within our database services, by its very nature, includes personal information. This fair processing statement provides details about the personal information contained in our service content.

Case Law, Legal Analysis and Reviews

Save for where local legislation or court embargos apply, the case law and legal analysis that reference to this case law which we provide as part of our Services may include personal information.

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It should be stressed that such personal information is a matter of official court / public record. This information has been supplied to Definely for publication to our clients by the public bodies concerned in the interests of upholding and protecting the rule of law. Further, it is important to the effectiveness of legal systems globally that our users can draw on a body of historical case law, including through understanding the circumstances of the individuals referred to therein.

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Whilst the authors of the papers, journals and case commentary that we provide via our Services may refer to such records, we have no power over what is reported within the court records themselves. It is for the court to decide what personal information is to remain within the records that they disclose, and the balance to be struck between the public interests in disclosure and the privacy rights of individuals.

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Please refer to the main section of this privacy policy for details on your rights, retention, locations of processing, and contact details for any privacy and data protection enquiries.

Appendix 1 - Third-Party Processors

Definely uses a number of third-party processors to deliver our services to you, as described in section 3. These processors, and the purposes of the processing, is listed below for your information. This appendix is updated independently of our privacy policy.

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User Content Data

The following subprocessors are employed under contract to process User Content data in order to deliver our services, as described in section 3. We will notify customers before changing these processors.

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Microsoft Azure

Definely uses services provided by Microsoft Corporation, with offices at One Microsoft Way, Redmond, Washington 98052, United States ("Microsoft"). Microsoft acts as a subprocessor and data processor, inter alia for hosting our services and all related data through their Microsoft Azure platform. For information regarding the Microsoft Azure specific terms including data processing and security terms, please visit https://azure.microsoft.com/en-us/support/legal/.

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Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

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Amplitude (Amplitude Analytics B.V.)

Amplitude is an analysis service of Amplitude Analytics B.V., Keizersgracht 277, 1016ED Amsterdam, The Netherlands. This tool collects technical information, such as the type of your device (e.g., iPhone 14 or the operating system used (e.g., iOS 16). In addition, Amplitude tracks location data (e.g. country) and internal data (e.g. language, server upload time, session ID) that occur when using our Dashboard. Such events may, for example, be how long you were logged into our Dashboard and from which country. In other words, Amplitude helps us understand how you use our Dashboard so we can improve the experience. The data collected by Amplitude resides in Europe in data centers located in Germany (e.g. AWS Frankfurt). You will find additional information about the manner in which Amplitude processes data at: https://amplitude.com/privacy.

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Personal Data processed: Usage Data.

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Place of processing: Germany (https://amplitude.com/privacy, https://amplitude.com/contact, https://amplitude.com/get-started-eu)

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Google Analytics (Google Ireland Limited)

Google Analytics is a web analysis service provided by Google Ireland Limited (“Google”). Google utilizes the Data collected to track and examine the use of www.definely.com and its Definely applications, to prepare reports on its activities and share them with other Google services. Definely has explicitly opted out of sharing analytics data with Google for purposes of ad personalisation.

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Personal Data processed: Usage Data.

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Place of processing: Ireland (https://policies.google.com/privacy, https://tools.google.com/dlpage/gaoptout?hl=en)

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Microsoft Power BI (Microsoft Corporation)

Power BI is a data visualization tool for aggregating, analyzing, visualizing and sharing data. Definely uses Power BI to prepare reports from the data collected on Google Analytics.

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Personal Data processed: Usage Data.

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Place of processing: United States (https://privacy.microsoft.com/en-us/privacystatement)

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‍Handling Payments

Unless otherwise specified, the website www.definely.com processes any payments by credit card, bank transfer or other means via external payment service providers. In general and unless where otherwise stated, users are requested to provide their payment details and personal information directly to such payment service providers. The website www.definely.com isn't involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

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Stripe (Stripe Payments Europe, Limited)

Stripe is a payment service provided by Stripe Payments Europe, Limited, an Irish limited company.

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Personal Data processed: various types of Data as specified in the privacy policy of the service.

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Place of processing: Ireland (https://stripe.com/en-gb/privacy)

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Licence Management

These type of services allows Definely to monitor, track and limit access to its products and services to the end user without an approved application licence.

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Keygen (Keygen LLC)

Keygen is a software licencing API for desktop applications and other software products.

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Personal Data processed: various types of Data as specified in the privacy policy of the service.

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Place of processing: Canada (https://keygen.sh/privacy/)

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Customer Management

These type of services allows Definely to track and monitor its customer relationships.

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Hubspot (Hubspot Inc)

Hubspot is a cloud-based software company that allows businesses track and manage their customers.

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Personal Data processed: various types of Data as specified in the privacy policy of the service.

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Place of processing: United States (https://legal.hubspot.com/privacy-policy, https://legal.hubspot.com/dpa)

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Last update: 16/04/2024 (16 April 2024)