SecureFlag Limited Privacy Notice

1. Introduction

We are SecureFlag Limited, a company registered in England and Wales under company number 12368322 with a registered address of C/O Russell-Cooke LLP (File No. 00179010.1), 2 Putney Hill, London, England, SW15 6AB.

In general, our services relate to the provision of practical application security training to users, whether on a community or enterprise basis, and include secure coding practices through real-world exercises and relevant analytics. We license the use of such services either directly to our clients or to clients via our authorised resellers (in either case, such party to be referred to as our “client” for the purposes of this notice).

This notice applies to personal data:

• provided by our clients (which may include the organisation that has subscribed to our software service on an enterprise basis and for whom you work) or our prospective clients and their staff;
• provided by you (for instance, whether you are an end-user of the services or simply visiting the SecureFlag website);
• collected directly by us through publicly available information;
• relating to third-party suppliers of SecureFlag.

However, this notice does not apply to information we hold in relation to our employees and staff. In this notice, “you” refers to any individual whose personal data we hold or process.

This privacy notice is governed by the EU General Data Protection Regulation (the “GDPR”), the Data Protection Act 2018, and any other applicable data or privacy legislation (including the UK GDPR, as and when it is implemented into UK data protection law). This notice may be updated from time to time; therefore, we recommend checking this page regularly for any updates. Changes to this notice are effective when they are posted on this page.

For the avoidance of doubt, this notice complies with the requirements of the Virginia Consumer Data Protection Act (“VCDPA”). Please refer to the CCPA Appendix for additional rights that apply if you are a resident of California.

2. The information we collect

Below, we have set out the categories of data we collect, the legal basis we rely on to process the data, and how we process the data:

1. Contact information of our users who:

• have registered with us or whose details have been passed to us on behalf of their employer or organisation for whom they work (you may, for example, be a client who has subscribed to our services on an enterprise basis, an end-user of the services, or an individual who has signed up to the Exercise Hub on our community platform);
• submit an enquiry to us;
• subscribe to our newsletter.

Contact information may include your name, surname, company name, job title/role, email address, username, address, and telephone (“Contact Information”).

If you subscribe to a newsletter or other regular information we provide, we will process your Contact Information on the basis that you have consented to this and will only send our newsletter to you for as long as you continue to consent.

Otherwise, we process this information to provide our services and communicate with you (including with respect to customer care and support) on the basis of performing our contract with you or on the basis of our legitimate interest in providing our services to you.

2. Information which we hold because you are a client of ours (“Client Information”) and which we process during the course of providing our services to you. We process this information on the basis of the performance of our contract with you or on the basis of our legitimate interest in providing our services to you.

3. Information relating to content posted to our Exercise Hub, All Stars programme and other SecureFlag community projects, competitions and surveys, including scores, performance and leader board data (“Community Information”).

We process this information in order to provide and improve our services to you, on the basis of the performance of our contract with you or on the basis of our legitimate interest in providing our services to you.

4. We may hold aggregated and anonymised data based on your use of the services for our statistical (or other business) purposes and may also share such content with our clients (i.e., the organisation for whom you work) in accordance with the section “Information sharing” below. To the extent such aggregated data is shared with third parties, it will not contain any personal data.

5. Information that we hold because you are a third-party supplier relevant to the services we provide to our clients and end-users (you may, for example, be a professional adviser, payment processor, or marketing software provider) (“Supplier Information”). We process this information (including contact and financial information) on the basis of the performance of our contract with you or on the basis of our legitimate interest in providing our services to you.

6. A record of any correspondence or communication between you and us (“Communication Information”). We process this information when we monitor our relationship with you and provide services to you on the basis of the performance of our contract with you or on the basis of our legitimate interest in providing our services to you.

7. Financial information which we hold in the context of providing/receiving services from you (“Financial Information”), such as billing and banking information. We process this information when we provide or receive services (as the case may be) on the basis of the performance of our contract with you or on the basis of our legitimate interest in providing our services to you.

8. Cookie Information. A cookie is a small text file that asks permission to be placed on your computer’s hard drive or mobile device. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Where applicable and necessary, we process Cookie Information on the basis that you have consented to this in order to improve or communicate with you about our services and/or to customise the website according to your personal interests. Otherwise, and for other technical information (such as IP address data), we process this on the basis of our legitimate interest in providing our services to you. For more information, please see the “Cookies and IP Address” section below.

9. Marketing information. We may hold information about you in order to provide information about our services. This may include names, job titles, email addresses, phone numbers, addresses, and other information (“Marketing Information”). We process this information in order to improve our services, communicate with you about our services, or for market research purposes, on the basis of our legitimate interests in communicating with you about our services or on the basis that you have consented to receiving the information.

We generally collect information from you directly; however, we may also collect certain information from the organisation for whom you work (such as your contact information and job title/role) or from other third parties. If we obtain your personal data from a third party, your privacy rights under this notice are not affected, and you are still able to exercise the rights contained within this privacy notice.

3. Data retention

Our current data retention policy is to delete or destroy (to the extent we are able to) personal data after the following periods:

• Following an enquiry with us, we will remove your Contact Information and Communication Information from our system after a period of 2 years unless you subsequently subscribe to our services with us.
• In respect of records relating to a contract with us, 7 years from either the end of the contract or the date you last used our services (whichever is later).
• With respect to Cookie Information, such data is removed after 2 years. After such period, only aggregated data (from which all personal data has been removed) is stored by us.
• In respect of Marketing Information, 2 years from the last date on which you have interacted with us.

For any category of personal data not specifically defined in this notice, and unless otherwise specified by applicable law, the required retention period for any personal data will be deemed to be 7 years from the date of receipt by us of that data. The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an ongoing investigation into the data).

We review the personal data (and the categories of personal data) we hold on a regular basis to ensure the data is still relevant to our business and is accurate. If we discover that certain data we are holding is no longer necessary or accurate, we will take reasonable steps to correct or securely delete this data as may be required.

If you wish to request that the data we hold about you be amended or deleted, please refer to the section below for your privacy rights.

4. Information sharing

We may disclose information to third parties in the following circumstances:

• We may work with other professionals and providers in providing and delivering our services to you, such as Amazon Web Services (AWS) and other service technology providers. AWS is currently based in the United States (although clients may specify the location(s) where personal data will be processed within the AWS Network, including the EU (Dublin) region and as is the case for SecureFlag).
• If you are a user of our services, from time to time, we may share certain data with our clients (i.e., the organisation for whom you work) for statistical and analytical purposes. For instance, on a broader level, we may aggregate certain data with other users’ data and create analytics reports for such organisations; however, individuals would not be identifiable through such reports.
• In order to enforce any terms and conditions or agreements for our services that may apply.
• If we are subcontracting services to a third party, we may provide information to that third party in order to provide the relevant services.
• We may disclose information to our group companies (as the case may be).
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime).
• As part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, we will take steps with the aim of ensuring that your privacy rights continue to be protected.
• To protect our rights, property, and safety, or the rights, property, and safety of our users or other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

If we do supply your personal data to a third party, we will take steps to ensure that your privacy rights are protected and that such third party complies with the terms of this notice.

5. Cookies and IP Address

Like most websites, we use cookies to help provide you with the best experience whilst using our service. The cookies we use are split between the following categories:

• Strictly Necessary cookies — these cookies are crucial for the basic functionality of a website. Examples include load balancing cookies for distributing network traffic, authentication cookies for verifying user identity, and security cookies for safeguarding data.
• Analytics cookies — these cookies enhance website functions, performance, and services. Examples include Google Analytics cookies for analyzing site traffic and conducting market research.
• Marketing cookies — these cookies track activity across websites to understand a viewer’s interests and deliver targeted marketing. Examples include cookies used for remarketing on X, LinkedIn, Reddit, and advertising on LinkedIn and Google Ads.
• Support cookies — these cookies enable and maintain live chat functionality on the website through the SignalZen chat platform.

On your first visit to our site from your browser, we will display a notice to notify you that we are using cookies, but we will not load any cookies, except for Strictly Necessary Cookies, until you have provided your consent by clicking the “Accept all cookies” button. If you click the “Accept all cookies” button on our cookies notice, Analytics, Marketing, and Support cookies will also be loaded.
In addition to cookies that are set by domains we control (first-party cookies), you may also see cookies set by a third party (Amazon Web Services). These are load-balancing cookies for distributing network traffic.

Below is a list of strictly necessary cookies currently used:

• Session Cookies: SFHZ, SFSESSION
• Remember Me Cookie: SF_RememberMe
• Consent Cookie: cconsent
• Load Balancing Cookies: AWSALB, AWSALBCORS, AWSALBTG, AWSALBTGCORS (set by Amazon Web Services)

Below is a list of optional cookies currently used:

• Analytics Cookies: _ga, _gid, _gcl_au
• Marketing Cookies: _gid, _ga, _gcl_au, IDE
• Support Cookies: _signalZen_

These measures may include (as necessary):

• adhering to secure coding practices in our software development;
• conducting regular security assessments to identify and address vulnerabilities in our software;
• protecting our servers with both hardware and software firewalls;
• locating our data processing storage facilities in secure locations;
• encrypting all data stored on our server with an industry-standard encryption method that encrypts the data between your computer and our server so that, in the event of your network being insecure, no data is passed in a format that could easily be deciphered;
• when necessary, disposing of or deleting your data so that it is done so securely;
• regularly backing up and encrypting all data we hold.

We will ensure that our staff are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees of third parties working on our behalf are aware of their privacy and data security obligations.
This notice and our procedures for handling personal data will be reviewed as necessary.

6. Your privacy rights

With respect to your personal data, you have:

• The right to be informed — a right to know about our personal data protection and processing activities, details of which are contained in this notice.
• The right to access — the right to request a copy of any personal data that we have about you.
• The right to rectification — the right to request a correction of any errors in or update of the personal data that we have about you.
• The right to erasure (the ‘right to be forgotten’) — the right to request that your personal data is deleted from our records.
• The right to restrict processing — the right to request that we no longer process your personal data in certain ways, whilst not requiring us to delete the same data.
• The right to object to processing — the right to request that your personal data will not be processed.
• The right to data portability — the right to request that your personal data be transferred or exported to another organisation.
• The right to withdraw consent — the right to withdraw any permission you have given us to process your personal data.
• Rights in relation to automated decision making and profiling.

All SARs and other requests or notifications in respect of your above rights must be sent to us in writing via email at support@secureflag.com or by post to SecureFlag Limited, C/O Russell-Cooke LLP (File No. 00179010.2), 2 Putney Hill, London, England, SW15 6AB.

We will endeavour to comply with such requests as soon as possible, but in any event, we will comply within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).

7. Data breaches

If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to our data protection manager or officer (if an officer has been appointed) and the Information Commissioner’s Office (ICO) (as necessary).

If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.

8. Transferring your information outside the UK or EEA

We will not transfer your personal data in a systematic way outside of the UK or European Economic Area (“EEA”), but there may be circumstances in which certain personal data is transferred outside of the UK or EEA, in particular:

• From time to time, some of our data processors (including third-party payment processors or server providers) may be based outside of the UK or the EEA. In that case, we will ensure we have an agreement in place with such processors to provide adequate safeguards, and a copy of such safeguards will be available on request.
• If you use our services while you are outside the UK or EEA, your information may be transferred outside the UK or EEA in order to provide you with our services or communicate with you.
• We may communicate with individuals or organisations outside of the UK or the EEA in providing our services. Those communications may include personal data (such as contact information).
• From time to time, your information may be stored in devices that are used by our staff outside of the UK or EEA (but staff will be subject to our cybersecurity policies).

If we transfer your information outside of the UK or EEA, and the third country or international organisation in question has not been deemed by the Secretary of State or EU Commission (as the case may be) to have adequate data protection laws, we will provide appropriate safeguards and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice.

9. Contact us / Complaints

If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal data or how it is handled, you can do so via email at support@secureflag.com or by post to: SecureFlag Limited, C/O Russell-Cooke LLP (File No. 00179010.2), 2 Putney Hill, London, England, SW15 6AB.

If we are unable to resolve any issues you may have or you would like to make a further complaint, you can contact the Information Commissioner’s Office by visiting http://www.ico.org.uk for further assistance.

10. CCPA / CalOPPA Appendix

The contents in this appendix apply to individuals residing in California from whom we collect personal information in compliance with the California Consumer Privacy Act (“CCPA”), the California Online Privacy Protection Act (“CalOPPA”) and the California Privacy Rights Act (“CPRA”) and are intended to supplement the information already contained in our privacy notice.

10.1 Categories of Personal Information

Below we have set out the categories of Personal Information (as defined in the CCPA) collected in the previous 12 months and whether during such period, we have sold or otherwise disclosed such Personal Information for a business purpose (as defined in the CCPA).

10.2 Sensitive Personal Information

Sensitive Personal Information (as defined in the CPRA) is a subset of Personal Information that reveals:

• your social security, driver’s license, state identification card, or passport number;
• your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
• your precise geolocation;
• your racial or ethnic origin, religious or philosophical beliefs, or union membership;
• the contents of your mail, email and text messages, unless we are the intended recipient of the communication;
• your genetic data.

10.3 Use, Collection and Disclosure of Personal Information

For details on how we use your personal information, please refer to the section “The information we collect”.
As set out above in our privacy notice, we generally collect information from you directly however we may also collect certain information from the organisation for whom you work (such as your contact information and job title/role) or other third party. If we obtain your personal data from a third party, your privacy rights under this appendix are not affected and you are still able to exercise the rights contained within this appendix.
For details on who we share your personal information with, please refer to the section “Information sharing” above.

10.4 Your California Privacy Rights

As a California resident, you have the following rights:

• The Right to Receive Information on Privacy Practices and Access to Information (including as part of an Access Request) — i.e., the right to request certain personal information we have collected about you (including the categories and specific pieces of personal information).
• The Right to Deletion — i.e. the right to request that we delete certain personal information which we have collected about you (subject to certain exceptions) and that we notify our service providers, contractors and any third parties to whom we have sold or shared (for cross-contextual advertising purposes) your personal information with to delete this as well.
• The Right to Receive Information about Onward Disclosures — i.e., the right to request information about personal information we hold about you, which is either disclosed for a business purpose or sold.
• The Right to Prohibit the Sale of your Information (also referred to as the Right to Opt Out) & the Right Not to be subject to Price Discrimination based upon the exercise of the Opt Out Right — including the right to opt out of your personal information being shared and sold specifically for behavioural advertisement however please note that we do not sell your personal information to third parties.
• The Right to Correction — i.e. the right to request to have any of your personal information maintained by us corrected if it is inaccurate.
• The Right to Access Information about, and Opt Out of, Automated Decision Making — i.e. the right to request access to and knowledge about how automated decision technologies work and what their probable outcomes are, and to say no to your personal information being used to make automated inferences, such as in profiling for targeted, behavioural advertisement online.
• The Right to Limit Use and Disclosure of Sensitive Personal Information — i.e. the right to direct us to restrict our use of your Sensitive Personal Information to that which is necessary to perform the services reasonably expected by an average consumer who requests such services or for the performance of specific enumerated business purposes, particularly around third party sharing.
• California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our website/platform (as the case may be) that are California residents to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes.

10.5 Contact Information

If at any time you would like to contact us with your views about our privacy practices, would like to exercise any of your rights as set out above or have another enquiry or complaint relating to your personal information, you can do so via email at support@secureflag.com or by post to SecureFlag Limited, C/O Russell-Cooke LLP (File No. 00179010.2), 2 Putney Hill, London, England, SW15 6AB.
We will accordingly aim to get back to you as soon as reasonably practicable. To the extent you have made a specific request as set out under “Your California Privacy Rights”, we will confirm receipt of the request within 10 business days and respond more substantively to the request within 45 days from the time the request is received.