PRIVACY NOTICE

01. Compliance

Omnipresent Group Limited of 7 Bell Yard, London, WC2A 2JR, UK and each of its subsidiaries and affiliates as listed in the Schedule (“we” “our” and “us”) are committed to the highest standards of privacy and data protection compliance.

We act in accordance with applicable data protection laws and this Privacy Notice, including the European Union’s General Data Protection Regulation 2016/679 (EU GDPR) and equivalent legal framework in the UK (UK GDPR) or applicable data protection laws in the jurisdiction of incorporation of the relevant subsidiary or affiliate and the regulations enacted under such laws (as may be amended from time to time) (the “Applicable Law”) . You will be able to exercise your rights under such Applicable Law.

02. Scope

This Privacy Notice applies to all personal information we collect or process about you in connection with www.omnipresent.com and other sites, platforms, apps, products, and services and sets out how and why we collect, store, use, transfer and disclose your personal data and how you may exercise the rights available to you. For the purpose of this document, the terms “personal data”, “processor”, “controller”, “processing” and any other terms that may be found in the GDPR have the same meaning as the definitions given to them in the GDPR or Applicable Law. This Privacy Notice also explains the use of cookies on our websites.

Unless otherwise specified this Privacy Notice applies where we act as a controller for the personal data processed.

In addition, we process personal data as joint controllers when offering our services to our corporate clients, through the performance of employment related activities and support such as onboarding, payroll, benefits, HR consultancy, project management and ensuring overall compliance with local labour laws.

Nonetheless, we act as processors when providing certain standalone services to our corporate clients for which this Notice does not apply.

03. Information we collect, and how we do it

We collect and process personal information only insofar as it is and remains necessary to fulfil the specific purpose for which it was collected, including in relation to your interaction with us. We collect and store information from a variety of sources including information we collect from you directly and from other sources. We do not use or disclose personal information other than as described in this Privacy Notice.

We may be required by law to collect certain personal information about you, or as a consequence of the contractual relationship we have with you. You may refuse to provide us with such personal information, which may prevent or delay the fulfilment of these obligations. If you refuse to provide us with other information this may impact your ability to use or benefit from our site, platforms, apps, products, and/or services, and our ability to provide you with support or assistance.

You must not provide us with the personal information about another person unless you have first obtained that person’s prior consent to do so and you have told them their personal information will be handled in accordance with this Privacy Notice (including where to find it).

Information you provide, content you create, and files you upload

If you create an account on our site, whether on your own behalf as an employee, or on behalf of your company as a client or partner of Omnipresent, or via any of our other platforms, including any mobile applications we may launch in future (apps), or if you otherwise interact with us, you will be asked to provide us with personal information necessary to secure your account access or perform our services. Depending on your role and the reason for your interaction with Omnipresent this could include: name, address, phone number, date of birth, family details, bank details and/or payroll data including copies of payslips, citizenship, country of work, salary, social insurance number, work permit type, demographic data required to register you with local labour and tax authorities, immigration-related information necessary for work visa applications, data relating to your education; or any other data we may require from time to time and that you provide.

Even if you do not engage with Omnipresent to provide services or create an account, you may opt to provide us with personal information for specific purposes. For instance, you may provide:

your email address to receive marketing material or updates about our services.
a phone number and/or email address so that we may contact you about an inquiry.

We may also collect any content that you may create, upload, or receive from others when using our site and other platforms. This may include comments, messages, documents and pictures.

We also collect certain information from our corporate clients (or “Managing Company” as defined below) where we are working together as joint controllers, including personal details (e.g. name, date of birth, contact details (e.g. phone number, email address, postal address or mobile number), commercial terms in connection with your employment contract.

Some of the categories of information that we collect are special categories of personal information (also known as sensitive personal information). In particular, we may process personal information that relates to your health, such as your medical history and reports on medical diagnoses, injuries and treatment, for example to arrange for health insurance or other associated employee benefits, [and where applicable trade-union membership]. Such data may also be collected when we act as joint controllers with our corporate clients.

Information we collect about your browser and devices

While you use our site and other platforms, we automatically collect information of the sort that web browsers, servers and network operators typically make available, which may include unique identifiers (e.g. persistent cookies, MAC addresses, device IDs, IMEI numbers), browser type and settings, location data, device type and settings, operating system, IP address, mobile network information including operator name and phone number and application version number, language preferences, crash reports, system activity, and the date, time and referral URL of each visitor request. This information helps us troubleshoot problems, understand how visitors use our site, allocate and balance resources, and improve our products and services.

Some of this information is personal information, including, but not limited to, IP addresses, phone numbers, and unique identifiers. We treat such information in the same way that we treat all other personal information (such as your name), and will only use and disclose such personal information as described in this Privacy Notice.

Information we may collect about how you use our site and services

As you use our site and services, we may collect information about how you interact with our platform and how you use our services (your activity), such as the links that you click, content that you view, terms, products, and services that you search for, products that you buy, people you communicate or share information with.

We may collect information about your activity to understand how you use and interact with our site and other platforms, and our products and services. This helps us to understand customer preferences, optimize our site and other platforms, allocate and balance resources, and improve our products and services.

04. How we use the information we collect

We collect information to enable you to receive the benefit of our site, platforms, apps, products, and services. Subject to this Privacy Notice and your data preferences, we may use the information we collect for some or all of the following purposes:

carry out our obligations and to provide you with agreed products and services. We partner with our corporate clients as joint controllers in the provision of employer of record and other services, including providing payroll services, administering taxes and benefits, providing HR support and customer service including dealing with your enquiries and requests and establishing, maintaining and administering your company or employee account;
secure and protect you, us, our site, platforms, apps, products, and services, and the public;
maintain, troubleshoot, and improve our site, platforms, apps, products, and services;
measure performance of our site, platforms, apps, products, and services;
develop new products and services;
if your preferences permit, to provide you with recommendations and personalised products and services to make them more relevant and interesting;
communicate with you about our site, platforms, apps, products, and services—such as to notify of changes and updates, alert you to data or security breaches, and to provide you with customer support;
to create or distribute promotional and marketing material relating to products, services and websites offered by us and/or other members of our group of companies, that is relevant to you, unless you have opted out of marketing, or we are otherwise prevented by law from doing so;
for quality assurance and training purposes;
meeting our legal, regulatory, and tax reporting obligations and cooperating with regulators and law enforcement bodies. We will process such data where we act as joint controllers with our clients; and

any other uses identified to you at the time of collecting your personal information or as reasonably contemplated by this Privacy Notice and our Website Terms of Use.

05. Our lawful grounds to process personal information

We must have a legal basis to process personal Information. As set out above, in most cases the legal basis will be one of the following:

To fulfil our contractual obligations to you, for example to provide our products and services (e.g. ensure your salary is paid correctly), establish, maintain and administer your account, communicate with you about our products and services, and deal with your specific enquiries and requests.
To meet our legal obligations to you as your employer, or to a third party (e.g. tax authorities).
To meet our legitimate interests, for example to ensure that we can provide you with any services, for example securing and protecting our sites, products and services, managing our business efficiently, measuring the performance of our products and services and improving these/developing new products and services, personalising our products and services, for quality assurance purposes or marketing purposes where the law permits us to do so. When we process your personal information to meet our legitimate interests, we balance these against your fundamental rights and freedoms and we put in place robust safeguards to ensure that your privacy is protected.
To protect your or another person's vital interests, for example by providing your health information to a doctor in a medical emergency.

We may obtain your explicit consent to collect and use certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities, or when we process sensitive personal information). If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.

06. When we share your personal information with others

Sharing with your Managing Company

If you are an employee of Omnipresent or one of its group companies or partners but providing services full time to one of our clients (hereafter your Managing Company) we will share certain personal information with your Managing Company in connection with our joint participation when we provide our services.

Other Times We Share your personal information

Personal information we collect stays within the Omnipresent group of companies, but may be shared with third parties in the following circumstances:

when you give us explicit consent to share your data, where required by law;

if we share it with our partners, and other trusted organisations we work with to provide products and services to you;
when we share it with trusted external service providers and data processors that we engage to assist us in conducting our employment-related activities, such as our local service provider partners (who enter into employment contracts directly with employees where we do not have an office in a certain jurisdiction), data centres, web hosts, cloud storage and cloud software providers, customer support providers, payment providers/processors (including our local payment providers who support us in providing locally compliant payroll processing), debt collectors, accountants, and insurers;
when we share it with Omnipresent group companies. We work closely with other businesses and companies that fall under the Omnipresent group family, for example for payroll, administration and provision of benefit.
when we share it with prospective sellers or buyers of all or substantially all of our business or assets; or
if we are obliged to share it with regulators, courts, law enforcement agencies, government authorities and other relevant parties for the purpose of legal or contractual compliance, reporting purposes, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or the rights of third parties or the public at large.

07. Your data rights

You have certain rights regarding your personal information, subject to local law. These include the following:

Right to access your personal information
Right to rectify the information we hold about you
Right to erase your personal information
Right to restrict the processing of your personal information
Right to object to certain uses of your personal information
Right to receive your personal information in a useable electronic format and to have it transmitted to a third party
Right to lodge a complaint with your local supervisory authority in relation to our processing of your personal information (for the United Kingdom, this is the Information Commissioner’s Office, www.ico.org.uk/).

We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional information from you in order to honour your requests. If you would like to discuss or exercise such rights, please contact us at dpo@omnipresent.com.

Where we act as joint controllers with our corporate clients/your Managing Company, we act as your main point of contact and are responsible for managing your requests. You may exercise your rights by contacting our Data Protection Officer at dpo@omnipresent.com.

08. We look after your personal information

Accuracy

We take reasonable steps within our control to ensure that the personal information we hold about you is accurate. We also take reasonable steps to ensure that the information is complete and up-to-date. However, we also rely on you to advise us of any changes to your personal information.

Protection of personal information

We take reasonable steps (including by implementing appropriate technical and organisational measures) to ensure that your personal information is treated securely, to ensure the on-going integrity and confidentiality of personal information, and to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. We evaluate these measures on a regular basis to ensure the security of the processing.

Although we aim to create a safe, secure environment by trying to limit access to the site to legitimate users, we cannot always guarantee that unauthorized parties will not gain access.

Please contact us at legal@omnipresent.com immediately if you become aware of any unauthorised use of your account by anyone else or any other breach of security.

Retention of personal information

We will keep your personal information for as long as you are employed or engaged by us. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

Maintain business records for analysis and/or audit purposes.
Comply with legal obligations (including record retention requirements). We may be legally obligated, for example, by local employment or tax laws to retain personal information related to your employment for a period of time specified by law. In some instances and depending on the jurisdiction where you live, personal information can be held for a considerable amount of time, in some cases for periods up to 75 years, following the termination of your employment or engagement.
Defend or bring any existing or potential legal claims.
Deal with any complaints.
Prevent fraud or misuse of our property and protect our rights and interests.

We will cease to retain documents containing personal information, or in some circumstances remove the means by which the personal information can be associated with particular individuals (i.e. anonymisation), as soon as it is reasonable to assume that the purpose for which that personal information was collected or further processed is no longer being served by retention of the personal information, in which case we may use such information without further notice to you (as once anonymised, it ceases to constitute personal information).

International Data transfers

Your information may be processed outside of the country where you live and in a country that is not regarded as ensuring an adequate level of protection for personal information under European Union and UK data protection law. Regardless of where we use, process, or store your data, we will comply with the protections set out in this Privacy Notice. We will not transfer any personal information to a country or territory outside the European Union or UK except in accordance with applicable data protection laws (including as applicable the requirements prescribed under the EU/UK GDPR). We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact our Data Protection Officer at dpo@omnipresent.com.

09. Cookies

To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too. A cookie is a small text file that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

Our site uses cookies to help us identify you from other users, track your usage of our site, and your website access preferences. We do or may use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our site, the pages you have visited and the links you have followed. We will use this information to make our site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can control and/or delete cookies as you wish—for details, see www.aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

10. Links to third party websites

Our site may contain links to and from third party websites. If you click on such links, you do so at your own risk and subject to whatever privacy policy and/or website terms may govern the use of such websites. We have no control over, and are not responsible, nor liable for, the content, privacy practices or website terms of such websites or any information you provide to them. You should read the privacy policy/notice of these third parties to find out how they handle your personal information when you visit their websites.

11. Privacy Notice changes

We may change our Privacy Notice from time to time, and at our sole discretion. We encourage you to frequently check our site for any changes to our Privacy Notice. If we make significant changes to this Privacy Notice that will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will provide a more prominent notice of the changes, such as by emailing you, and ensure you have sufficient advance notice so that you have the opportunity to exercise your rights (e.g. object to the processing).

12. Contact Us

For any questions regarding this Notice, our privacy practices or if you are concerned with any of your rights as set out in this Notice, please reach out to us through our Data Protection Officer Anastasios Gkouletsos via email at dpo@omnipresent.com. All such enquiries or complaints will be taken seriously and will be handled as soon as reasonably practicable.

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Last updated: March 2024