Terms and Conditions
Third Light respects your right to privacy on the web.
Any Trial of a Third Light library taken from our website form at thirdlight.com/trial is also governed by our Terms and Conditions. By taking a Trial you are deemed to have accepted these terms and agree to be governed by them.
Software Licenses And Contracts
Please contact your Third Light account manager for a copy of your contract.
Use of Personal Data and Third-Party Data Processors
When you request a trial from Third Light, we will make an entry in our customer relationship management software (CRM) to allow us to provide you with help and advice and to manage any commercial discussions that we hold. We will also make an entry in our account management and news lists using a third party product, MailChimp. The third party CRM software is provided by Pipedrive OÜ, a private limited company established under the laws of the Republic of Estonia, having its principal place of business at Paldiski mnt 80, Tallinn, 10617, Estonia, and registered in Estonian Commercial Register under code 11958539, and a subsidiary of Pipedrive Inc., a corporation established under the laws of the State of Delaware (United States of America), having its principal place of business at 460 Park Avenue South, New York, New York 10016.
When you request that your details are added to our mailing list, we will ask you if you wish to be added to our mailing list. If you check this box, we will make an entry in our product marketing and news lists using a third party product, MailChimp.
MailChimp is a trading name of The Rocket Science Group LLC, a State of Georgia limited liability company, participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S Privacy Shield Framework. MailChimp is responsible for the processing of Personal Information it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. For the purpose of this policy, Third Light is the Data Controller.
When you present payment details to Third Light via a credit card, we process your data securely and in accordance with the PCI DSS security standard, using a third party payment processor, Secure Trading Limited, 19th Floor, 40 Bank Street, Canary Wharf, London, E14 5NR, registered in England and Wales with Company Number 04591066. For the purpose of this policy, Third Light is the Data Controller.
- Everyone has rights with regard to the way in which their personal data in handled. During the course of our activities we will collect, store and process personal data about our customers, suppliers and other third parties, and we recognise that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.
- Data users are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy may result in disciplinary action.
About This Policy
- The types of personal data that Third Light Limited (We) may be required to handle include information about current, past and prospective suppliers, customers and others that we communicate with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations, including GDPR.
- This policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, or that is provided to us by data subjects or other sources.
- This policy does not form part of any employee's contract of employment. It is a Company policy, and may be amended at any time.
- This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
Definition of Data Protection Terms
- Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
- Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
- Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
- Data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
- Data users are those of our employees whose work involves processing personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times.
- Data processors include any person or organisation that is not a data user that processes personal data on our behalf and on our instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on Third Light Limited's behalf.
- Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties. Third Light is a data processor for customer materials uploaded and stored in our systems, for example.
- Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.
Data Protection Principles
Anyone processing personal data must comply with the eight enforceable principles of good practice. These provide that personal data must be:
- Processed fairly and lawfully;
- Processed for limited purposes and in an appropriate way;
- Adequate, relevant and not excessive for the purpose;
- Not kept longer than necessary for the purpose;
- Processed in line with data subjects' rights;
- Stored securely;
- Not transferred to people or organisations situated in countries without adequate protection.
Fair and Lawful Processing
Data protection laws are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.
For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject's consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of our business, we will ensure that those requirements are met.
Processing for Limited Purposes
In the course of our business, we may collect and process personal data. This may include data we receive directly from a data subject (for example, by completing forms or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, credit reference agencies and others).
We will only process personal data for the specific purposes we indicate, or for any other purposes specifically permitted by law. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.
It is the responsibility of the Customer to ensure that information shared as part of support discussions is consistent with the principles of any privacy laws; for example, by redacting or pseudonymising data that will be seen by Third Light staff if necessary.
Notifying Data Subjects
If we collect personal data directly from data subjects, we will inform them about:
- The purpose or purposes for which we intend to process that personal data;
- The types of third parties, if any, with which we will share or to which we will disclose that personal data;
- The means, if any, with which data subjects can limit our use and disclosure of their personal data.
If we receive personal data about a data subject from other sources, we will provide the data subject with this information as soon as possible thereafter.
We will also inform data subjects whose personal data we process that we are the data controller with regard to that data.
Adequate, Relevant and Non-Excessive Processing
We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.
We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
We will not keep personal data longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required.
We will remove records of evaluation (trial) use of our software after a period of 3 years with no contact from the person in question. We will remove information on closed accounts after 5 years, but for avoidance of doubt we retain all statutory accounting records indefinitely for tax and compliance purposes.
Processing In Line With Data Subjects' Rights
We will process all personal data in line with data subjects' rights, in particular their right to:
- Request access to any data held about them by a data controller;
- Prevent the processing of their data for direct-marketing purposes;
- Ask to have inaccurate data amended;
- Prevent processing that is likely to cause damage or distress to themselves or anyone else.
We will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
We will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction.
We will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
- Confidentiality means that only people who are authorised to use the data can access it;
- Integrity means that personal data should be accurate and suitable for the purpose for which it is processed;
- Availability means that authorised users should be able to access the data if they need it for authorised purposes.
Security procedures include:
- Entry controls. Third Light's offices are protected by two stages of physical security;
- Secure cupboards. Cupboards are be kept locked where they hold confidential information of any kind. Personal information is always considered confidential.
- Methods of disposal. Paper documents are shredded before disposal. Digital storage devices are physically destroyed when they are no longer required.
- Equipment. Computer displays are not visible to guests or passers-by, and computers are set to automatically lock when left unattended.
Transferring Personal Data To a Country Outside the EEA
We may transfer any personal data we hold to a country outside the European Economic Area ("EEA"), provided that one of the following conditions applies:
- The country to which the personal data are transferred ensures an adequate level of protection for the data subjects' rights and freedoms;
- The data subject has given their consent;
- The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject;
- The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims;
- The transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects' privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements in clause above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. That staff maybe engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services and account management services either during a period of trial usage or paid usage of our Products.
Disclosure and Sharing of Personal Information
We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may also disclose personal data we hold to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets;
- If we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets.
If we are under a duty to disclose or share a data subject's personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may also share personal data we hold with selected third parties for the purposes of customer relationship management, and for the purpose of payment processing, subject to the requirements of the PCI DSS security standard.
Dealing With Subject Access Requests
Data subjects must make a formal request for information we hold about them. This must be made in writing or by email to email@example.com.
When receiving telephone enquiries, we will require that the caller put their request in writing and that they supply sufficient evidence of their identity in support of that request.
Vexatious or unjustified Subject Access Requests shall be rejected if it is deemed appropriate by a Director of the business.
Changes To This Policy
We reserve the right to change this policy at any time. Where appropriate, we will notify data subjects of those changes by mail or email.
Writing To Third Light
Data Subject enquiries may be directed to firstname.lastname@example.org by email, or in writing to:
The Data Controller
Third Light Limited
7330 Cambridge Research Park
Open Source Components
Third Light products contain open source software. For a list of open source components and associated web site URLs and credits, please download a copy of the Third Light OSS credits (PDF).