+ Privacy Notice — Orca Marketing

Customer information

Privacy Notice

This privacy notice tells you what to expect us to do with your personal information.

Contact details

What information we collect, use and why

To provide services and goods, including delivery

  • Names and contact details
  • Addresses
  • Payment details, including card or bank information for transfers and direct debits
  • Account information
  • Photographs or video recordings
  • Records of meetings and decisions

For the operation of customer accounts and guarantees

  • Names and contact details
  • Addresses
  • Account information, including registration details

For service updates or marketing purposes

  • Names and contact details
  • Marketing preferences
  • Recorded images, such as photos or videos
  • Purchase or viewing history
  • Website and app user journey information
  • Records of consent, where appropriate

Lawful bases and data protection rights

Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.

Which lawful basis we rely on may affect your data protection rights, which are set out in brief below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:

If you make a request, we must respond to you without undue delay and in any event within one month.

To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.

Our lawful bases for the collection and use of your data

Providing services and goods

  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability.

We have a legitimate interest in operating and administering our business, responding to business enquiries, maintaining accurate client and service records, protecting our systems, preventing fraud, resolving disputes and improving the quality of our services. This enables us to provide clients with an efficient, reliable and secure service. We only use personal information that is reasonably necessary for these purposes, primarily business contact details, correspondence and service records. We do not use special-category information for these activities. The information is access-controlled, retained only for an appropriate period and is not used in ways that individuals would reasonably find unexpected. We consider these benefits to outweigh the limited privacy impact, without overriding the rights and freedoms of the people involved.

For more information on our use of legitimate interests as a lawful basis, you can contact us using the contact details set out above.

The operation of customer accounts and guarantees

  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability.

We have a legitimate interest in maintaining accurate client account records, managing account access and communications, protecting accounts and business systems, preventing fraud, handling enquiries or complaints and establishing, exercising or defending legal claims. These activities support secure and efficient client relationships. We limit processing to the personal information reasonably required for these purposes, such as business contact details, account correspondence and service history. Access is restricted, the information is retained only for an appropriate period and we do not use special-category information for account administration. We consider the benefits to clients and our business to outweigh the limited privacy impact, without overriding individuals’ rights and freedoms.

For more information on our use of legitimate interests as a lawful basis, you can contact us using the contact details set out above.

Service updates or marketing purposes

  • Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability.

We have a legitimate interest in keeping existing and prospective business clients informed about relevant Orca Marketing services, package updates, availability and information that may support their marketing activities. This helps us maintain professional client relationships, respond to demonstrated business interests and promote relevant services to organisations that may reasonably benefit from them. We use limited information, such as business contact details, previous enquiries, services used and communication preferences. Communications are targeted, proportionate and relevant to the recipient’s professional role. We do not use special-category information for marketing, sell personal information or send excessive communications. Every recipient can object or unsubscribe easily, and we maintain suppression records to respect those requests. We consider the commercial and informational benefits to outweigh the limited privacy impact because recipients can reasonably expect relevant business communications and retain control over whether they continue receiving them. Where consent is legally required, we rely on consent instead of legitimate interests.

For more information on our use of legitimate interests as a lawful basis, you can contact us using the contact details set out above.

Where we get personal information from

  • Directly from you
  • Publicly available sources
  • Suppliers and service providers
  • Third parties

We may receive personal information from third parties, including referrals from existing clients or professional contacts, information supplied by client organisations about their authorised employees or representatives, and contact or engagement information provided through communication, email-marketing and social-media platforms.

We may also receive personal information from clients when they instruct us to deliver marketing activities on their behalf. In these circumstances, the client will generally act as the data controller and Orca Marketing will act as the data processor.

We only use information received from third parties for the purpose for which it was provided. We do not purchase personal information or third-party marketing lists.

How long we keep information

For information on how long we keep personal information, see our data retention schedule.

Who we share information with

Others we share personal information with

  • Formspree, which processes and routes website enquiry submissions on our behalf
  • Insurance companies
  • Professional or legal advisers
  • Relevant regulatory authorities
  • Professional consultants
  • Organisations we’re legally obliged to share personal information with
  • Publicly on our website, social media or other marketing and information media
  • Debt collection agencies
  • Suppliers and service providers

When you use our website enquiry form, the information you submit is processed by Formspree as our form-delivery service provider and sent to Orca Marketing. You can read Formspree’s privacy policy for more information about its processing.

How to complain

If you have any concerns about our use of your personal information, you can make a data protection complaint to us:

Email: James@orcamarketing.co.uk

If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO.

The ICO’s address:
ICO Head Office
4th Floor, No. 3 Circle Square
5 Hawkshaw Street
Manchester
M1 7BL

Helpline: 0303 123 1113
Website: www.ico.org.uk/make-a-complaint