Privacy & Compliance Policy
A Note on GDPR Compliance
Department 3 (henceforth known as D3) is pleased to be able to say that its systems and processes are compliant with the new General Data Protection Regulation (GDPR). GDPR is the current standard in the European Union (EU) governing the privacy and data protection of EU residents. This new standard was in effect as of May 25, 2018. This means that D3 stands ready to support and assist its clients who have employees residing in the EU as they also meet their own obligations under the GDPR.
To comply with GDPR, companies who have EU based employees need to comply with the following important requirements:
- Obtain consent to collect and process personal information
- Protect personal data
- Control access to personal data
- Provide the option to erase personal data
- Inform customers of data breaches
How D3 Handles GDPR:
D3 is staying ahead of the GDPR changes, both in its role as a data processor and in support of data controllers. Our efforts include:
- Deploying industry-standard technical processes and procedures that protect data, both when it is in transmission and while we are hosting it. D3 demonstrates our compliance with these critical requirements through our annual SOC II audit by an independent auditing firm.
- We use a world-class service provider for critical business processes: Amazon Web Services. Their stringent standards for data protection and security made them our choice for all of our customer data, including customers in the United States and the EU.
- Developing a Data Processing Agreement (DPA) that complies fully with the GDPR. This DPA, which will be the contract with all clients who are data controllers under the GDPR, also incorporates the European Model Clauses, also known as the Standard Contractual Clauses. (The Model Clauses were approved by the European Commission and are the industry standard for when personal data is transferred outside of the European Economic Area.)
- Being certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. This certification also ensures that we comply with data protection requirements when transferring personal data from the EU and Switzerland to the United States.
- Following the GDPR definition of acceptable timelines when processing client data requests, whether it’s gathering consent, providing access, or erasing data. We will also provide prompt notification in the event of a data breach.
- Staying abreast of continuing GDPR developments and guidance, to support our clients’ compliance efforts.
The best protection of personal information comes from a combination of continuously updated technology, thorough training for employees who handle and have access to personal data, and seamless communication about new requirements. D3 addresses each of these concerns with our services and support, and we will continue to support our clients as regulations evolve
For more information on the GDPR changes, visit the official EU homepage.
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
2. Collecting Personal Information
2.1 We may collect, store and use the following kinds of personal information:
(a) Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) Information that you provide to us when registering with our website (including your email address);
(c) Information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);
(d) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
(e) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use;
(f) Information relating to any purchases you make of our goods / services / goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details);
(g) Information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);
(h) Information contained in or relating to any communications that you send to us or send through our website (including the communication content and Meta data associated with the communication);
(i) Any other personal information that you choose to send to us; and
2.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
3. Using your Personal Information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 We may use your personal information to:
(a) Administer our website and business;
(b) Personalise our website for you;
(c) Enable your use of the services available on our website;
(d) Send you goods purchased through our website;
(e) Supply to you services purchased through our website;
(f) Send statements, invoices and payment reminders to you, and collect payments from you;
(g) Send you non‐marketing commercial communications;
(h) Send you email notifications that you have specifically requested;
(i) Send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
(j) Send you marketing communications relating to our business or the businesses of carefully‐selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(k) Provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(l) Deal with enquiries and complaints made by or about you relating to our website;
(m) Keep our website secure and prevent fraud;
(n) Verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service) etc.
3.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
3.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.
3.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
4. Disclosing Personal Information
4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
4.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
4.3 We may disclose your personal information:
(a) To the extent that we are required to do so by law;
(b) In connection with any ongoing or prospective legal proceedings;
(c) In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4.4 Except as provided in this policy, we will not provide your personal information to third parties.
5. International Data Transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
5.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.
5.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
5.4 You expressly agree to the transfers of personal information described in this Section 6.
6. Retaining Personal Information
6.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Without prejudice to Section 7.2, we will usually delete personal data falling within a period of 2 to 3 years.
6.4 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:
(a) To the extent that we are required to do so by law;
(b) If we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
7. Security of your Personal Information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure (password‐ and firewall‐ protected) servers.
7.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3 We may notify you of changes to this policy by email or through the private messaging system on our website.
9. Your rights
9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) The payment of a fee and
(b) The supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
9.2 We may withhold personal information that you request to the extent permitted by law.
9.3 You may instruct us at any time not to process your personal information for marketing purposes.
9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
10. Third Party Websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Updating Information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
12.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12.5 We use both session and persistent cookies on our website.
12.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
12.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (Version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;
(b) In Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop‐down menu, and unticking “Accept cookies from sites”; and
(c) In Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.
12.8 Blocking all cookies will have a negative impact upon the usability of many websites.
12.9 If you block cookies, you will not be able to use all the features on our website.
12.10 You can delete cookies already stored on your computer; for example:
(a) In Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) In Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and
(c) In Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug‐in data” before clicking “Clear browsing data”.
12.11 Deleting cookies will have a negative impact on the usability of many websites.
13. Our Details
13.1 This website is owned and operated by ThinkSmart Data Services, LLC (D3).
13.2 Our principal place of business is at 530 Jackson Street, Third Floor, San Francisco, CA 94133.
13.3 You can contact us by writing to the business address given above, by using our website contact form, by email to or by telephone on 415.610.7737.