Terms of Use and Privacy Policy

Last updated May 4, 2022

Esgsystem.com is a website owned and operated by DataGardener Solutions Limited, otherwise referred to as “esgsystem.com”. We are committed to protecting and respecting your privacy.

This agreement sets out the basis on which any data collected by esgsystem.com concerning you and your business, or that you provide to us, will be processed. Please read the following carefully to understand our practices regarding your personal data and that of your business and how it will be used.

By agreeing to these terms and conditions you are accepting and consenting to how esgsystem.com will process and use your data. Esgsystem.com are committed to complying with the GDPR (2016) and the Data Protection Act (2018) and good business practices. Esgsystem.com will always process your data in a fair and lawful way in accordance with article 5 and article 6 of the GDPR.

DataGardener Solutions Limited is both a data controller and a data processor.

Information esgsystem.com may collect from you

Esgsystem.com may collect and process the following data about you:

  • Information you provide to us. You may provide information about you by completing forms on our website or by corresponding with us by phone, e-mail or other methods. This includes information provided when you first register for the service. The personal information you give us may include your name, e-mail address and phone number. The business information you provide to us may include, but is not limited to, environmental, social, governance and financial information not obtainable otherwise in the public domain. Esgsystem.com might need this information to provide you with the services that you have requested.
  • Esgsystem.com regularly conduct data flows and a data inventory or data audit which looks at all aspects of any data held.

Esgsystem.com will never knowingly collect data from or on children below 16 years of age.

  • Information from other sources. Esgsystem.com may receive information about you if you use any platform owned and operated by DataGardener Solutions Limited. Esgsystem.com are also working closely with third parties (including, but not limited to, partners and other organisations, and may receive information about you and your business from them.

Disclosure of Data Provided

Esgsystem.com may share your information with other trading entities of DataGardener Solutions Limited which might include our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

Esgsystem.com may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors of DataGardener Solutions Limited
  • Search engine providers that help us in the optimisation of our website and platform.

Esgsystem.com may disclose your information to third parties:

  • In the event that esgsystem.com sell or buy any business or assets, in which case esgsystem.com may disclose your data to the prospective seller or buyer of such business or assets.
  • If DataGardener Solutions Limited or substantially all of its assets are acquired by a third party, in which case data held by it about its customers will be one of the transferred assets.
  • Esgsystem.com will disclose or share your data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions.

Please note that esgsystem.com do not require your consent to share this information if esgsystem.com suspect criminal or unlawful activity, in these circumstances esgsystem.com will only contact the relevant organisations.

Your Data

The information you provide to us when using this web site will be processed for the following reasons:

  • to process any request for advice or information to be supplied by us;
  • to send you our newsletters and notify you of our products and services;
  • to track the volume of traffic to the various sections of the site;
  • to comply with our statutory and regulatory obligations.

The type of information we will collect about you includes:

  • Your Name
  • Your Company Name
  • Your Phone Number
  • Your Email Address
  • Your Question or Query

In the event that any personal data is transferred from the European Economic Area (“EEA”) to a country outside the EEA pursuant to this Agreement, the parties acknowledge and agree that the European Commission’s Standard Contractual Clauses for the transfer of personal data to controllers established in third countries available (“SCC”) shall apply to any such transfers. The parties shall comply with the SCC, as well as the terms of this Clause 4.3, in relation to any such transfers. For the purpose of the SCC, the data exporter shall be the party located in the EEA and the data importer shall be the party located outside the EEA.

The Customer agrees to be responsible for maintaining the confidentiality of its password and account details.

DataGardener Solutions Limited does not warrant that the Customer’s use of the Service will be uninterrupted or error-free and is not responsible for any, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. The Customer acknowledges that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. DataGardener Solutions Limited shall have no liability (on any account) to the Customer as a result of or related to such events.

Data Breaches

Esgsystem.com and DataGardener Solutions Limited take all necessary precautions and have procedures in place to deal with any suspected data breaches and should this occur, will endeavour to notify you, your business as well as the relevant authorities as per any legal obligations.

Warranties and Limitation of Liability

Nothing in this clause or any other provision of this Agreement shall seek to exclude or limit liability for infringement, death, or personal injury or for breach of its obligation under s12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982 or fraudulent misrepresentation.

Whilst DataGardener Solutions aims always to maintain a quality, fully operative Service, the Service and third-party Services are nonetheless provided on an “as is”, as available basis without warranties of any kind, whether express or implied.

Specifically, DataGardener Solutions gives the Customer no warranty or assurance about the contents of the Service. Whilst DataGardener Solutions does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore, any use of the Service is at the Customer’s own risk.

Esgsystems.com and DataGardener Solutions shall not be liable for any indirect or consequential loss. DataGardener Solutions shall not be liable for the following types of financial loss (whether direct or indirect); loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses; loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

The data we hold about you

Should you wish to obtain a copy of the personal data that we hold about you, please send an email to grow@datagardener.com. As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you.

When you visit our company database web pages, tracking technologies may automatically record information about you. This information does not identify you personally. We automatically collect and store only the following information about your visit:

  • the internet domain and IP address from where you access our website.
  • the type of browser software and operating system you use to access our website.
  • the date and time you access our website.
  • the pages you enter, visit and exit on our web site; and
  • if you linked to our web site from another web site, the address of that web site.

We use this information to help us identify click stream patterns, to improve our web site, and to learn about the number of visitors to our web site and the types of technology our visitors use.

Cookies

A cookie is a text file saved on your computer by your browser to store certain types of data that you are using on a web site. DataGardener Solutions Ltd web site uses cookies to gather and save data about the functions you use and the pages you visit within the site.

If you wish to completely avoid the cookies, turn off cookies in your browser. This will disable the Item Store and the Request Samples tool and may affect the overall performance of the site. The method will vary according to the type and version of your browser and whether you use a PC or an Apple Macintosh, but will approximately follow these steps.

Internet Explorer

  • with PC: Tools > Options > Privacy > Cookie settings.
  • with Apple Macintosh: Edit > Preferences > Receiving files > Cookies > Cookie settings.
    Netscape
  • Edit > Preferences > Advanced > Cookies radio buttons.

Mozilla

  • Tools > Options > Privacy > Cookie settings.

You will normally be able to accept all cookies, reject all cookies, accept certain types of cookies and/or receive a warning before accepting a cookie. Alternatively, if you wish to remove these cookies from your computer at a later date you may clear them after visiting the site; this will not affect the performance of the site or the cookies in question.

DataGardener Solutions Limited undertakes LIA (Legitimate Interest Assessments) before undertaking any marketing activity.

Complaints

If you have a complaint regarding any breach of this privacy policy, please contact us at DataGardener Solutions Ltd., Eastleigh Business Centre, Wessex House, Upper Market Street, Eastleigh, SO50 9FD. When we receive the complaint, we will review it and ensure that we follow our privacy policy and all applicable laws. We will contact you within 40 days of receiving your complaint to inform you of the results of this review.

Your Rights Under GDPR

The GDPR provides the following rights for individuals:

 

Rights What does this mean?
1. The right to be informed You have the right to be provided with clear, transparent and easily understandable information about how esgsystem.com use your information and your rights. This is why esgsystem.com are providing you with the information in this Privacy Policy.
2. The right of access You have the right to obtain access to your information . This is so you are aware and can check that esgsystem.com are using your information in accordance with data protection law.
3. The right to rectification You are entitled to have your information corrected if its inaccurate or incomplete.
4. The right to erasure This is also known as the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right, there are exceptions.
5. The right to restrict processing You have rights to ‘block’ or suppress further use of your information. When processing is restricted, esgsystem.com can still store your information, but may not use it further. Esgsystem.com keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
6. The right to data portability You have rights to obtain and reuse your personal data for your own purposes across different services. This is not a normal scenario for companies of our nature but if you have any questions you can contact us.
7. The right to object to processing You have the right to object to certain types of automated processing or decision making, including processing for direct marketing or where esgsystem.com are relying on our legitimate interests for processing.
8. The right to withdraw consent If you have given your consent to anything esgsystem.com do with your personal data, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything esgsystem.com have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal data for marketing purposes.

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