Scope

Trivoh is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

The Company's Data Protection Officer is Triumphant's Legal Team, Datapolicy@trcomsltd.com. The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.

Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:

• 1. if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;
• 2. if consent is being relied upon in order to collect, hold, and/or process personal data;
• 3. if there is any uncertainty relating to the retention period for any particular type(s) of personal data;
• 4. if any new or amended privacy notices or similar privacy-related documentation are required;
• 5. if a personal data breach (suspected or actual) has occurred;
• 6. if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;
• 7. if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);
• 8. if personal data is to be transferred outside of the UK and there are questions relating to the legal basis on which to do so;
• 9. when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment;
• 10. when personal data is to be used for purposes different to those for which it was originally collected.

Data Protection Principles

This Policy aims to ensure compliance with Data Protection Law. The UK GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:

• processed lawfully, fairly, and in a transparent manner;
• collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
• adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
• accurate and, where necessary, kept up to date;
• kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed;
• 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.

The Rights of Data Subjects

The UK GDPR sets out the following key rights applicable to data subjects:

• The right to be informed;
• The right of access;
• The right to rectification;
• The right to erasure (also known as the 'right to be forgotten');
• The right to restrict processing;
• The right to data portability;
• The right to object;
• Rights with respect to automated decision-making and profiling.

Lawful, Fair, and Transparent Data Processing

Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:

• The data subject has given consent to the processing of their personal data for one or more specific purposes;
• The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;
• The processing is necessary for compliance with a legal obligation to which the data controller is subject;
• The processing is necessary to protect your vital interests;
• The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
• The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by your fundamental rights and freedoms which require protection of personal data.

Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:

• 1. you have given your explicit consent to the processing of such data for one or more specified purposes (unless the law prohibits you from doing so);
• 2. the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by law or a collective agreement pursuant to law which provides for appropriate safeguards for your fundamental rights and interests);
• 3. the processing is necessary to protect your vital interests where you are physically or legally incapable of giving consent;
• 4. the data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without your consent;
• 5. the processing relates to personal data which is manifestly made public by you;
• 6. the processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
• 7. the processing is necessary for substantial public interest reasons, on the basis of law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard your fundamental rights and interests;
• 8. the processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR;
• 9. the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of law which provides for suitable and specific measures to safeguard your the rights and freedoms; or
• 10. the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the UK GDPR (as supplemented by section 19 of the Data Protection Act 2018) based on law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard your fundamental rights and interests.

Consent

If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:

• Consent is a clear indication by you that you agree to the processing of your personal data. Such a clear indication may take the form of a statement or a positive action.
• You are free to withdraw consent at any time. If you withdraw consent, your request must be honoured promptly.
• If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to you when you first provided your consent, consent to the new purpose or purposes may need to be obtained from you.
• If special category personal data is processed, Trivoh shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, you will be issued with a suitable privacy notice in order to capture your consent.
• In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records will be kept of all consents obtained in order to ensure that Trivoh can demonstrate its compliance with consent requirements.

Specified, Explicit, and Legitimate Purposes

Trivoh collects and processes personal data set out in this Policy. This includes:

• 1. Personal data collected directly from you;
• 2. Personal data obtained from third parties.

Trivoh only collects, processes, and holds personal data for the specific purposes set out in this Policy.

Adequate, Relevant, and Limited Data Processing

Trivoh will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which you have been informed (or will be informed).

Employees, agents, contractors, or other parties working on behalf of Trivoh may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy.

Accuracy of Data and Keeping Data Up-to-Date

Trivoh shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject.

The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

Data Retention

Trivoh shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

Secure Processing

Trivoh shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:

• Only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;
• Personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed;
• Authorised users must always be able to access the personal data as required for the authorised purpose or purposes.

Rectification of Personal Data

• ○ You have the right to require Trivoh to rectify any of your personal data that is inaccurate or incomplete.
• ○ Trivoh shall rectify the personal data in question, and inform you of that rectification.
1. ○ In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

Erasure of Personal Data

• ○ You have the right to request that Trivoh erases the personal data it holds about you in the following circumstances:
1. ○ It is no longer necessary for Trivoh to hold that personal data with respect to the purposes for which it was originally collected or processed.
2. ○ You wish to withdraw your consent to Trivoh holding and processing your personal data.
3. ○ You object to Trivoh holding and processing your personal data (and there is no overriding legitimate interest to allow Trivoh to continue doing so).
4. ○ The personal data has been processed unlawfully.
5. ○ The personal data needs to be erased in order for Trivoh to comply with a particular legal obligation.
• ○ Unless Trivoh has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and you will be informed of the erasure.
• ○ In the event that any personal data that is to be erased in response to your request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

• ○ You may request that Trivoh ceases processing the personal data it holds about you. If a data subject makes such a request, Trivoh shall retain only the amount of personal data concerning you (if any) that is necessary to ensure that the personal data in question is not processed further.
• ○ In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Objections to Personal Data Processing

• ○ You have the right to object to Trivoh processing your personal data based on legitimate interests, for direct marketing (including profiling).
• ○ Where you object to Trivoh processing your personal data based on its legitimate interests, Trivoh shall cease such processing immediately, unless it can be demonstrated that Trivoh’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
• ○ Where you object to Trivoh processing your personal data for direct marketing purposes, Trivoh shall cease such processing promptly.

Direct Marketing

• ○ Trivoh is subject to certain rules and regulations when marketing its products and services.
• ○ Your prior consent is required for electronic direct marketing, including email, text messaging, and automated telephone calls, subject to the following limited exception:
1. ○ Trivoh may send marketing text messages or emails to you provided that your contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and you have been given the opportunity to opt-out of marketing when your details were first collected and in every subsequent communication from Trivoh.
• ○ The right to object to direct marketing shall be explicitly offered to you in a clear and intelligible manner and must be kept separate from other information in order to preserve its clarity.
• ○ If you object to direct marketing, your request will be complied with promptly. A limited amount of personal data may be retained in such circumstances to the extent required to ensure that your marketing preferences continue to be complied with.

Personal Data Collected, Held, and Processed

The following personal data is collected, held, and processed by Trivoh:

Transferring Personal Data to a Country Outside the UK

Trivoh may, from time to time, transfer personal data to countries outside of the UK. The UK GDPR restricts such transfers in order to ensure that the level of protection given to data subjects is not compromised.

Personal data may only be transferred to a country outside the UK if one of the following applies:

• The UK has issued regulations confirming that the country in question ensures an adequate level of protection;
• Appropriate safeguards are in place including binding corporate rules, standard contractual clauses approved for use in the UK, an approved code of conduct, or an approved certification mechanism;
• The transfer is made with your informed and explicit consent;
• The transfer is necessary for one of the other reasons set out in the UK GDPR including the performance of a contract between the data subject and Trivoh; public interest reasons; for the establishment, exercise, or defence of legal claims; to protect the vital interests of the data subject where the data subject is physically or legally incapable of giving consent; or, in limited circumstances, for Trivoh's legitimate interests.

Data Breach Notification

• ○ All personal data breaches must be reported immediately to Trivoh’s Data Protection Officer.
• ○ Data breach notifications shall include the following information:
1. ○ The categories and approximate number of data subjects concerned.
2. ○ The categories and approximate number of personal data records concerned.
3. ○ The name and contact details of Trivoh’s Data Protection Officer (or other contact point where more information can be obtained).
4. ○ The likely consequences of the breach.
5. ○ Details of the measures taken, or proposed to be taken, by Trivoh to address the breach, including, where appropriate, measures to mitigate its possible adverse effects.

Google API Services and Data Usage

• ○ Trivoh's use and transfer of information received from Google APIs adheres to Google API Services User Data Policy, including the Limited Use requirements.
• ○ Specifically, Trivoh commits to:
1. ○ Only use access to Google API Services to provide or improve user-facing features that are permitted by the Google API Services User Data Policy.
2. ○ Not transfer any data obtained through Google API Services to others unless:
   1. ○ Necessary to provide or improve user-facing features that are prominent in the requesting application's user interface.
   2. ○ Required by applicable law.
   3. ○ Otherwise permitted by Google's Google API Services User Data Policy.
3. ○ Not use Google API Services data for serving advertisements or any advertising-related purposes.
4. ○ Not allow humans to read user data obtained through Google API Services unless:
   1. ○ We have obtained user consent.
   2. ○ It is necessary for security purposes or to comply with applicable law.
   3. ○ The use is limited to specific internal operations and the data has been aggregated and anonymized.
• ○ Users can revoke Trivoh's access to their Google account data at any time through their Google Account settings or by contacting Trivoh's Data Protection Officer.

Changes to This Privacy Statement

Trivoh may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a "Last Updated" date at the top. If Trivoh makes material changes to this Privacy Statement, you will be notified and we will provide you with an opportunity to review before you choose to continue using our products and services.