- IMPORTANT INFORMATION
This version was last updated on 26 April 2023.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Our websites are not intended for children, and we do not knowingly collect data relating to children.
- WHO WE ARE
CLOCKSS is a not-for-profit geographically distributed dark archive to ensure the long-term survival of digital scholarly publications.
We are bound by applicable data protection laws in respect of the handling and collection of your personal data.
- 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) or data relating to a corporate entity.
We may collect, use, store and transfer different kinds of personal data about you, or your business if you are a sole trader, which we have grouped together as follows:
- Identity Data includes first name, last name and title.
- Contact Data includes business address, billing address, email address, telephone number(s) and fax number(s).
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you.
- 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 this website.
- Usage Data includes information about how you use our website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
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 (for example, to provide you with our archive services). In this case, we may have to cancel the service you have with us, but we will notify you if this is the case at the time.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
5.1 Direct interactions
You may give us your Identity, Contact, Financial and 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:
- request us to provide an estimate;
- request marketing or other information to be sent to you;
- enter information into a survey; or
- give us feedback.
5.2 Automated technologies or interactions
As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
5.3 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 analytics providers such as Google;
Identity and Contact Data from publicly availably sources such as websites; and
Identity and Contact Data that you provide when registering for an event or completing a survey through third-party sites such as Eventbrite, Hubspot, Mailchimp and SurveyMonkey.
- 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:
- To perform the services we have agreed to provide.
- 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.
The types of lawful basis that we will rely on are:
- Consent means agreement which must be freely given, specific, informed and be an unambiguous indication of your wishes by which you, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to you.
- Legitimate Interest means the interest of our organization in conducting and managing our service 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.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending our information to you via email. 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.
|Lawful basis for processing
including basis of legitimate interest
|To register you as a participant in the CLOCKSS archive||(a) Identity (b) Contact (c) Profile||(a) Performance of service to you (b) Necessary for our legitimate interests (to provide services to our community (i.e. when you are an individual who works for and on behalf of an organization that participates in CLOCKSS)|
|To provide our services to you or our client, including: (a) Sending information, that you have requested (b) Providing details of our events||(a) Identity (b) Contact (c) Profile||(a) Performance of a service to you (b) Necessary for our legitimate interests (to provide services to our community (i.e. when you are an individual who works for and on behalf of an organization that participates in CLOCKSS)|
|To process payments for you, including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (c) Sending you invoices or reminders||(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications||(a) Performance of a service to you (b) Necessary for our legitimate interests (to recover debts due to us)|
|To enable you to complete a survey||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications||(a) Performance of a service to you (b) Necessary for our legitimate interests (to study how clients use our services, to develop them and grow our business)|
|To administer and protect our organization and this website (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 organization, provision of administration and IT services, network security, to prevent fraud) (b) Necessary to comply with a legal obligation|
|To deliver relevant website content to you and measure or understand the effectiveness of the content we serve to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical||Necessary for our legitimate interests (to study how clients use our services, to develop them, and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, client relationships and experiences||(a) Technical (b) Usage||Necessary for our legitimate interests (to define types of users for our services, to keep our website updated and relevant, to develop our organization 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) Profile||Necessary for our legitimate interests (to develop our services)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
- Unsubscribe link displayed on marketing communications;
- Individuals are able to report a change to their preferences to us and we will update our records accordingly.
6.1.1 Promotional Offers from Us
If you provide your express, opt-in consent, we may use your Identity, Contact, Technical, Usage and/or 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 products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us after you have requested information from us or if you provided our third-party operator with your details when you have taken a survey and, in each case, you have opted-in to receiving that marketing.
You can withdraw your consent at any time.
In some limited circumstances, we may contact you about similar services where you have purchased products or services from us and you have not opted-out of receiving this information.
6.1.2 Third-Party Marketing
We will get your express opt-in consent before we share your personal data with any company outside CLOCKSS for marketing purposes.
6.1.3 Opting Out / Unsubscribing
You can ask us or our third parties to stop sending you marketing messages at any time by contacting us.
6.3 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.
- DISCLOSURES OF YOUR PERSONAL DATA
For the purposes set out in section 6, we may have to share your personal data with the following parties:
7.1 External Third Parties such as:
- Service providers who provide IT and system administration services.
- Professional advisers including accountants, lawyers, bankers, auditors and insurers who provide banking, legal, insurance and accounting services.
- Regulators and other authorities who require reporting in certain circumstances.
7.2 Specific Third Parties such as:
- Eventbrite: provide us with an event technology platform which enables individuals to book events with us.
- Hubspot: provide us with a marketing platform from which we can send emails.
- Mailchimp: provide us with a marketing platform from which we can send emails.
7.3 Third parties to whom we may choose to transfer the CLOCKSS service under the terms of our Trustee Agreement.
7.4 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.
- INTERNATIONAL TRANSFERS
Our external third parties are distributed internationally. so processing of your personal data may involve a transfer of data.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. 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.
- DATA RETENTION
How long will you use my personal data for?
10.1 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.
10.2 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 unauthorized 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 requirements.
10.3 We will generally retain data for a period of 5 years after the relevant project or service we provided has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our services or to protect, or defend our legal rights.
10.4 Where we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every twelve (12) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (but will be added to a “do not contact” list).
10.5 Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services), subject to section 10.3, we will retain your data for 5 (five) years.
10.6 In some circumstances you can ask us to delete your data: see section 11.1.3 below for further information.
10.7 In some circumstances we may anonymize 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.
- YOUR LEGAL RIGHTS
11.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:
11.1.1 Request access to your personal data . This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
11.1.2 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.
11.1.3 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.
11.1.4 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.
11.1.5 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.
11.1.6 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.
11.1.7 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.
If you wish to exercise any of the rights set out above, please contact us directly.
11.2 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.
11.3 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.
11.4 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.
- CONTACT DETAILS AND COMPLAINTS
Full name of legal entity: Digital Distributed Community Archive (dba CLOCKSS Archive)
Charity Number: 3163688
Data Privacy Manager: Kim Smilay
Email address: email@example.com
Cecil H. Green Library
557 Escondido Mall, Room 101
Stanford, CA 94305-6004
Telephone number: + 1 248-848-7079