Freshservice – Data Privacy Notice

Last updated: July 2022

This data privacy notice explains how FD Technologies Plc and its affiliates (“FD”, “we”, “our”, or “us”) process personal data when providing technology issue tracking services to our customers (your employing organization), including in relation to the designated support portal (“Issue Tracking Services”).

For information about how we process your personal data in other situations, or for other services which your employing organization may receive, please refer to the FD global privacy notice (available here Privacy Policy – FD Technologies plc)  .

How do we collect data?

We use different methods to collect data in relation to the Issue Tracking Services.

• Direct interactions: We collect personal data when you provide it to us directly, or otherwise interact with us, for example when you use and access our support portal.
• Third parties: We may receive your personal data from your employing organization (our customer) when they request Issue Tracking Services, either directly from your employing organization or indirectly from their representatives.

What data do we collect?

FD collects and processes the following categories of personal data when providing the Issue Tracking Services:

• Registration data: when you register with the support portal, you are required to provide certain information to confirm your credentials and to enable account creation. We will collect the following categories: first name, last name, username, company and organisation, email address and contact details, job function, work telephone number, security authorisations or other access permissions, password and other details as may be reasonably required in order to set you up as an authorised user.
• Ticket data: We ask that you do not include any personal data when you log a ticket but if you do, when you register an issue tracking request, we will collect information contained in the issue tracking request.
• Usage data: when you use the support portal we will collect details of user activity on your portal account to help us resolve your technical issue or provide support, including comments or other interactions recorded for the purpose of resolving issues. If you share your screen with us to help resolve the issue tracking request, we will see the information on your screen.

Why do we process data?

FD processes your personal data in order to provide the Issue Tracking Services to your employing organization. This includes:

• setting you up as an authorized user on the support portal;
• checking your login details when you log an issue tracking request via the designated portal;
• corresponding with you in connection with an issue tracking request and the resolution of issues;
• keeping a record of issues logged, workarounds/resolutions provided and all related interactions with authorized users;
• providing reports and otherwise corresponding with your organization in relation to the provision of the Issue Tracking Services and your use of the designated portal (including confirming your authorizations);
• managing and securing the designated portal;
• managing and personalizing your account on the designated portal; and
• conducting maintenance and technical improvements to the designated portal.

On what basis do we use your personal data?

We process your personal data for the above purposes for our legitimate interests and the legitimate interests of your organization.

Such legitimate interests include:

• ensuring the effective and efficient tracking and resolution of issues;
• providing the Issue Tracking Services to your organization;
• securing and maintaining the designated portal;
• ensuring there are designated contact persons at your organization (with the appropriate knowledge and expertise);
• ensuring that persons logging issues are authorized to act on behalf of our customers, authenticating authorized users;
• maintaining records of our intellectual property; and
• keeping a record of issues logged and their resolution.

Who do we share your data with?

We may share your personal data with our affiliates and trusted third parties in order to deliver the Issue Tracking Services to your employing organization. For example:

• FD affiliates: FD may share your personal data with its affiliates (meaning any subsidiary, parent company or company under common control of FD Technologies plc (specifically FD Technologies Plc, First Derivatives US, Inc, First Derivatives Ireland Ltd, First Derivatives Canada Inc, First Derivatives Pty Ltd (Australia), First Derivatives Pte Ltd (Singapore) and First Derivatives Co. Japan Ltd)), including to manage our business and deliver the Issue Tracking Services to your employing organization.
• Trusted third party service providers: FD may instruct agents, contractors or third party service providers to help us provide the Issue Tracking Services, or to provide services on our behalf. For example, our designated portal (“Freshservice”) is provided on our behalf by a trusted third party service provider. Where FD engages any third party service provider to process personal data on our behalf, FD enters into appropriate contractual measures in place with the service provider in accordance with applicable data privacy laws.
• FD customers: we may share your personal data with your employing organization (i.e. the organization that employs or engages you, and on whose behalf you access the designated portal), where reasonable and necessary to provide the Issue Tracking Services. For example, we may share your personal data to confirm your authorization and credentials, manage our relationship with our customer, or as otherwise required under the applicable agreement between FD and our customer.
• Purchasers: in the event of a merger, reorganization or business or asset sale, we will share your personal data with the purchaser(s) or prospective purchaser(s) of our business or assets (or parts of our business) where we consider such disclosure is necessary.
• Law enforcement: we may disclose your personal data to any competent law enforcement or regulatory body, competent government agency, court or other third parties as required by applicable law.
• Advisors: we may share your personal data with our auditors and other professional advisors in relation to the effective and lawful management and administration of our business, and to exercise, establish or defend our legal rights.

Will your personal data be transferred internationally?

As a global organization, we may need to transfer personal data outside of your country to our international affiliates and trusted third party providers. For example, our international FD affiliates may provide Issue Tracking Services in any of the territories across the world in which FD operates.

Where FD transfers personal data outside the UK, EEA or Switzerland to a third country that is not deemed to provide an adequate level of protection for personal data (such as by the European Commission for transfers from the EU, or by the UK Secretary of State for transfers from the UK), FD shall implement appropriate safeguards in accordance with applicable data privacy laws as necessary to ensure your personal data remains adequately protected.

Such measures may include entering into data transfer agreements including standard contractual clauses in the form approved by the European Commission (for transfers out of the EU), the UK Secretary of State (for transfers out of the UK), or other applicable competent data supervisory authority (as applicable). For further details of these relevant measures please contact us using the details indicated below.

How do we protect your data?

In accordance with applicable data privacy laws, FD takes appropriate technical and organizational measures to ensure a level of security for your personal data. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

How long do we keep your personal data?

FD will only keep your personal data for as long as necessary for the purposes set out in this data privacy notice and in order to provide the Issue Tracking Services. FD may retain personal data for such period afterwards as necessary to comply with our legal obligations, to exercise, establish and defend our legal rights, to maintain appropriate financial and other records (including records of ownership of our intellectual property), or comply with other record retention requirements under applicable law.

What rights do you have?

Under certain circumstances, you may have rights under data protection laws in relation to your personal data. You may have the right to request access to or ask that we change, update, or delete your personal data at any time.

If you are a resident of the UK or European Economic Area (EEA), you may also have the right in certain circumstances to:

• Object to processing of your personal data, restrict processing of your personal data or request portability of your personal data; and
• Complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

If you wish to exercise any of the rights set out above, please send your request to dataprivacyteam@fdtechnologies.com.

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.

Controller

For the purpose of EU and UK data privacy laws, FD Technologies Plc acts as controller of your data unless otherwise stated.

You can contact FD Technologies Plc using the details provided below, or via post at: FD Technologies Plc, Brian Conlon House, 3 Canal Quay, Newry, Co. Down, BT35 6BP.

Contact us

If you have any questions in respect of this data privacy notice or how we process personal data in relation to the Issue Tracking Service, please contact us at: dataprivacyteam@fdtechnologies.com.

If you are not happy with how FD processes your personal data, you may have the right to complain to the local data protection authority in your country. We would, however, welcome the opportunity to resolve any issue with you directly in the first instance.