Last updated May 21, 2018.
We've updated our Privacy Policies to reflect the European Union's (EU) new General Data Protection Regulation (GDPR) which was approved by the European Commission (EC) on 27 April 2016 and is law from 25 May 2018. Use the + or x to open or close each section. European Commission videos were acquired from Youtube under the Creative Commons license. The videos do not have any sound.
Introduction
In its everyday business operations DELAWARE BUSINESS INCORPORATORS, INC. collects and stores records of many types and in a variety of different formats. The relative importance and sensitivity of these records also varies and is subject to the organisation’s security classification scheme.
It is important that these records are protected from loss, destruction, falsification, unauthorised access and unauthorised release and a range of controls are used to ensure this, including backups, access control and encryption.
DELAWARE BUSINESS INCORPORATORS, INC. also has a responsibility to ensure that it complies with all relevant legal, regulatory and contractual requirements in the collection, storage, retrieval and destruction of records. Of particular relevance is the European Union General Data Protection Regulation (GDPR) and its requirements concerning the storage and processing of personal data.
This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to DELAWARE BUSINESS INCORPORATORS, INC. systems.
The following documents are relevant to this policy:
Records Retention and Protection Policy
This policy begins by establishing the main principles that must be adopted when considering record retention and protection. It then sets out the types of records held by DELAWARE BUSINESS INCORPORATORS, INC. and their general requirements before discussing record protection, destruction and management.
General Principles
There are a number of key general principles that must be adopted when considering record retention and protection policy. These are:
Record Types and Guidelines
In order to assist with the definition of guidelines for record retention and protection, records held by DELAWARE BUSINESS INCORPORATORS, INC. are grouped into the categories listed in the table on the following page. For each of these categories, the required or recommended retention period and allowable storage media are also given, together with a reason for the recommendation or requirement.
Note that these are guidelines only and there may be specific circumstances where records need to be kept for a longer or shorter period of time. This should be decided on a case by case basis as part of the design of the information security elements of new or significantly changed processes and services.
Further information about records held by the organisation, including their security classifications and owners can be found in the Organisation-wide Personal Data Inventory.
Use of Cryptography
Where appropriate to the classification of information and the storage medium, cryptographic techniques must be used to ensure the confidentiality and integrity of records.
Care must be taken to ensure that encryption keys used to encrypt records are securely stored for the life of the relevant records and comply with the organisation’s policy on cryptography.
Media Selection
The choice of long term storage media must take into account the physical characteristics of the medium and the length of time it will be in use.
Where records are legally (or practically) required to be stored on paper, adequate precautions must be taken to ensure that environmental conditions remain suitable for the type of paper used. Where possible, backup copies of such records should be taken by methods such as scanning or microfiching. Regular checks must be made to assess the rate of deterioration of the paper and action taken to preserve the records if required.
For records stored on electronic media such as tape, similar precautions must be taken to ensure the longevity of the materials, including correct storage and copying onto more robust media if necessary. The ability to read the contents of the particular tape (or other similar media) format must be maintained by the keeping of a device capable of processing it. If this is impractical an external third party may be employed to convert the media onto an alternative format.
Record Retrieval
There is little point in retaining records if they are not able to be accessed in line with business or legal requirements. The choice and maintenance of record storage facilities must ensure that records can be retrieved in a usable format within an acceptable period of time. An appropriate balance should be struck between the cost of storage and the speed of retrieval so that the most likely circumstances are adequately catered for.
Record Destruction
Once records have reached the end of their life according to the defined policy, they must be securely destroyed in a manner that ensures that they can no longer be used. The destruction procedure must allow for the correct recording of the details of disposal which should be retained as evidence.
Record Review
The retention and storage of records must be subject to a regular review process carried out under the guidance of management to ensure that:
The results of these reviews must be recorded.
Introduction
In its everyday business operations DELAWARE BUSINESS INCORPORATORS, INC. makes use of a variety of data about identifiable individuals, including data about:
In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.
The purpose of this policy is to set out the relevant legislation and to describe the steps DELAWARE BUSINESS INCORPORATORS, INC. is taking to ensure that it complies with it.
This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers and other third parties who have access to DELAWARE BUSINESS INCORPORATORS, INC. systems.
The following policies and procedures are relevant to this document:
Data Protection Policy
The General Data Protection Regulation
The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that DELAWARE BUSINESS INCORPORATORS, INC. carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is DELAWARE BUSINESS INCORPORATORS, INC.’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.
Definitions
There are a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined as:
any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘processing’ means:
any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘controller’ means:
the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
Principles Relating to Processing of Personal Data
There are a number of fundamental principles upon which the GDPR is based.
These are as follows:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
DELAWARE BUSINESS INCORPORATORS, INC. will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing such as new IT systems.
The data subject also has rights under the GDPR. These consist of:
Each of these rights are supported by appropriate procedures within DELAWARE BUSINESS INCORPORATORS, INC. that allow the required action to be taken within the timescales stated in the GDPR.
These timescales are shown in Table 1.
Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is DELAWARE BUSINESS INCORPORATORS, INC. policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.
Consent
Unless it is necessary for a reason allowable in the GDPR, DELAWARE BUSINESS INCORPORATORS, INC. will always obtain explicit consent from a data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific EU member states) parental consent will be obtained. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. DELAWARE BUSINESS INCORPORATORS, INC. will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.
Task Carried Out in the Public Interest
Where DELAWARE BUSINESS INCORPORATORS, INC. needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.
Legitimate Interests
If the processing of specific personal data is in the legitimate interests of DELAWARE BUSINESS INCORPORATORS, INC. and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.
Privacy by Design
DELAWARE BUSINESS INCORPORATORS, INC. has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.
The data protection impact assessment will include:
Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.
Contracts Involving the Processing of Personal Data
DELAWARE BUSINESS INCORPORATORS, INC. will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR. For more information, see the GDPR Controller-Processor Agreement Policy.
International Transfers of Personal Data
Transfers of personal data outside the European Union will be carefully reviewed prior to the transfer taking place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country and this may change over time.
Intra-group international data transfers will be subject to legally binding agreements referred to as Binding Corporate Rules (BCR) which provide enforceable rights for data subjects.
Data Protection Officer
A defined role of Data Protection Officer (DPO) is required under the GDPR if an organisation is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.
Based on these criteria, DELAWARE BUSINESS INCORPORATORS, INC. does not require a Data Protection Officer to be appointed.
Breach Notification
It is DELAWARE BUSINESS INCORPORATORS, INC.’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security incidents.
Under the GDPR the relevant DPA has the authority to impose a range of fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is the higher, for infringements of the regulations.
Addressing Compliance to the GDPR
The following actions are undertaken to ensure that DELAWARE BUSINESS INCORPORATORS, INC. complies at all times with the accountability principle of the GDPR:
These actions are reviewed on a regular basis as part of the management process concerned with data protection.
This privacy policy tells you about the information we collect from you when you use our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.
Who are we?
We are DELAWARE BUSINESS INCORPORATORS, INC.. Our address is 3422 OLD CAPITOL TRAIL, SUITE 700, WILMINGTON, DELAWARE, 19808, USA. You can contact us by post at the above address, by email at support[at]dbiglobal.com or by telephone on 302-996-5819.
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.
When you use our website
When you use our website to browse our products and services and view the information we make available, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors and to help to make your user experience better.
Some of the cookies we use are strictly necessary for our website to function, and we don’t ask for your consent to place these on your computer. These cookies are shown below.
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For more information about our use of cookies, please see our cookie policy.
When you submit an enquiry via our website, we ask you for your name, mailing address, billing address, contact telephone number, fax number and email address.
We use this information to respond to your query, including providing you with any requested information about our products and services. We may also email you several times after your enquiry in order to follow up on your interest and ensure that we have answered your it to your satisfaction. We will do this based on our legitimate interest in providing accurate information prior to a sale.
Your enquiry is stored and processed in our cloud-based Shopify account, our Netsuite account and our Microsoft 365 account. Some or all of your information may be shared with Federal, state, county and/or local government agencies.
We do not use the information you provide to make any automated decisions that might affect you.
We keep enquiry emails for INDEFINITELY. CRM records are kept INDEFINITELY.
When you purchase products from us online, we ask you for your name, mailing address, billing address, contact telephone number, fax number, email address and credit card information, and two valid forms of government identification to combat credit card fraud and for United States Postal Service (USPS) records. We also record your IP (Internet Protocol) address, which is the address of your computer on the Internet.
We will use your information to verify your credit card details for your purchase, process your order and to send you your products or services. We will also send you a receipt via email and we may use your telephone number, email address or mailing /billing address to contact you regarding your purchase.
We require this information in order to process your payment, deliver your products or services and fulfil our contract with you. We record your IP address in order to show that the correct tax was applied to the sale, which we are required to do by law.
Your information is stored on our website and on our cloud server, both of which are based within the United States and Canada. Your credit card details are passed to a third-party payment processor which is based in the USA and is certified to the EU-US Privacy Shield (which requires effective safeguards for your information). We do retain your credit card information in an encrypted format with only the last 4 digits visible to employees.
We do not use the information you provide to make any automated decisions that might affect you.
We keep your order information for an indefinite period as required by Federal, state, county or local agencies.
Other types of transactions via our website
Your rights as a data subject
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.
If we are processing your personal data for reasons of consent or to fulfill a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully.
Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling.
To submit a request regarding your personal data by email, post or telephone, please contact us at:
Delaware Business Incorporators, Inc.,
3422 Old Capitol Trail, Suite 700
Wilmington, Delaware 19808
USA
Telephone: 302-996-5819
Email: support[at]dbiglobal.com
If you have a complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your complaint. However, you can also contact the Information Commissioner’s Office via their website at www.ico.org.uk/concerns or write to them at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
We regularly review and, if appropriate, update this privacy policy from time to time, and as our services and use of personal data evolves. If we want to make use of your personal data in a way that we haven’t previously identified, we will contact you to provide information about this and, if necessary, to ask for your consent.
We will update the version number and date of this document each time it is changed.
This privacy notice tells you about the information we collect from you when you sign up to receive our regular newsletter via our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.
Who are we?
We are DELAWARE BUSINESS INCORPORATORS, INC. Our address is 3422 Old Capitol Trail, Suite 700, Wilmington, Delaware, 19808, USA. You can contact us by post at the above address, by email at support[at]dbiglobal.com or by telephone on 302-996-5819.
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.
What personal data do we collect?
When you subscribe to our newsletter, we ask you for your name and your email address.
Why do we collect this information?
We will use your information to send you our newsletter, which contains information about our products and services and often includes special offers.
We ask for your consent to do this, and we will only send you our newsletter for as long as you continue to consent.
What do we do with your information?
Your information is stored in our database and is not shared with any third parties. We will not use the information to make any automated decisions that might affect you.
How long do we keep your information for?
Your information is kept for as long as you continue to consent to receive our newsletter.
Your rights over your information
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. You can also ask for it to be erased and you can ask for us to give you a copy of the information.
You can also ask us to stop using your information – the simplest way to do this is to withdraw your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter, or by emailing, writing or telephoning us using the contact details above.
Your right to complain
If you have a complaint about our use of your information, you can contact the Information Commissioner’s Office via their website at www.ico.org.uk/concerns or write to them at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
This privacy notice tells you about the information we collect from you when you purchase one or more of our products via our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.
Who are we?
We are DELAWARE BUSINESS INCORPORATORS, INC. Our address is 3422 Old Capitol Trail, Suite 700, Wilmington, Delaware, 19808, USA. You can contact us by post at the above address, by email at support[at]dbiglobal.com or by telephone on 302-996-5819.
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.
What personal data do we collect?
When you purchase products from us online, we ask you for your name, address, contact telephone number, email address and credit card information.
Why do we collect this information?
We will use your information to verify your credit card details for your purchase, process your order and to send you your goods or services. We will also send you a receipt via email and we may use your mailing/billing address, or telephone number to contact you regarding your delivery.
We require this information in order to process your payment, deliver your goods or services and fulfill our contract with you.
What do we do with your information?
Your information is stored in our order processing system which is based within the United States and Canada.
Your credit card details are passed to a third-party payment processor which is based in the USA and is certified to the EU-US Privacy Shield (which requires effective safeguards for your information). Unless you create an account with us, we do not retain your credit card information.
We use a third-party courier company called Federal Express, USPS, DHL, or United Parcel Service (UPS), to deliver your goods and we share with them your name, address and telephone number in order to complete the delivery.
We do not use the information you provide to make any automated decisions that might affect you.
How long do we keep your information for?
Unless you create an account with us, we keep your order information INDEFINITELY. Your personal information associated with the order will then be removed.
Your rights over your information
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate.
You can also ask us to give you a copy of the information and to stop using your information for a period of time if you believe we are not doing so lawfully.
To submit a request by email, post or telephone, please use the contact information provided above.
Your right to complain
If you have a complaint about our use of your information, you can contact the Information Commissioner’s Office via their website at www.ico.org.uk/concerns or write to them at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
This privacy notice tells you about the information we collect from you when you submit an enquiry to us via our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.
Who are we?
We are DELAWARE BUSINESS INCORPORATORS, INC. Our address is 3422 Old Capitol Trail, Suite 700, Wilmington, Delaware, 19808, USA. You can contact us by post at the above address, by email at support[at]dbiglobal.com or by telephone on 302-996-5819.
We are not required to have a data protection officer, so any enquiries about our use of your personal data should be addressed to the contact details above.
What personal data do we collect?
When you submit an enquiry to us, we ask you for your name, your email address and a brief description of your enquiry.
Why do we collect this information?
We will use your information to respond to your enquiry and hopefully to provide you with the information you need. We do this in order to take steps at your request prior to entering into a contract i.e. as part of pre-sales activity.
What do we do with your information?
Your information is stored in our Customer Relationship Management (CRM) system which is hosted by Netsuite. We have a contractual agreement with Netsuite that commits them to providing an appropriate level of safeguards for your personal data. This information is stored in the United States and Canada.
We will read your message and normally respond to you either via telephone or via email. We may ask for your consent to retain your information in our CRM system in order to send you further information that we think may be of interest to you.
We will not use the information to make any automated decisions that might affect you.
How long do we keep your information for?
Your enquiry is kept in our CRM system INDEFINITELY unless you give us your consent to send you marketing information on an ongoing basis, in which case we will keep it for as long as you continue to consent.
Your rights over your information
By law, you can ask us what information we hold about you, you can see it, and you can ask us to correct it if it is inaccurate.
You can also ask for it to be erased and you can ask for us to give you a copy of the information.
You can also ask us to stop using your information at any time, either by clicking the unsubscribe link at the end of any email communication, or by emailing, writing or telephoning us using the contact details above.
Your right to complain
If you have a complaint about our use of your information, you can contact the Information Commissioner’s Office via their website at www.ico.org.uk/concerns or write to them at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
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