5App Limited (“we“, “us”, “our”) are committed to protecting and respecting your privacy.
For the purposes of EU and UK data protection laws and any applicable implementing laws, regulations and secondary legislation relating to the processing of personal data (together “Data Protection Law”), the data controller is 5App Limited with its registered offices at 1st Floor, 7-10 Chandos Street, London, W1G 9DQ, England .
LEGAL BASIS FOR PROCESSING
We collect and use the personal data described below in order to provide you with access to the website in a reliable and secure manner. We also collect and use personal data:
● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
● To comply with a legal obligation.
● To fulfil our contractual obligations to you.
To the extent we process your personal data for any other purposes, we ask for your consent in advance or require that our partners obtain such consent.
PERSONAL DATA WE MAY COLLECT FROM YOU
We may collect and process the following personal data about you. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data). We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data: includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
· Contact Data: includes billing address, delivery address, email address and telephone numbers.
· Financial Data: includes bank account and payment card details.
· Transaction Data: includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the website.
· Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
· Usage Data: includes information about how you use the website, including the full Uniform Resource Locators (URL) clickstream to, through and from the website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
· Marketing and Communication Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
· Location Data: We also use GPS technology to determine your current location. Some of our location-enabled services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
· Special Category Data: We do not collect, store or use special category data about you. e.g. details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.
HOW PERSONAL DATA IS COLLECTED
We use different methods to collect data from and about you including via:
· Direct Interactions. You may give us your Identity, Contact and Financial Data when you fill in forms or correspond with us by post, phone, email or otherwise. This includes personal data you provide when you register to receive our newsletter, subscribe to use the website or our services, create an account to use the website, request marketing to be sent to you, search for a product or place an order, participate in discussion boards or other social media functions in the website, enter a competition, promotion or survey, attend a conference or webinar, give us feedback or contact us and when you report a problem with the website.
· Purchases: If you make purchases via the website, or register for an event or webinar, we may require you to provide your Identity, Contact, Financial and Transaction Data.
· Community: If you register for an online community that we provide, we may ask you to provide us with Identity, Contact, Profile and Technical Data.
· Automated Technologies or Interactions. As you interact with the website, we automatically collect Technical Information about your device, browsing actions, patterns, Location Data and Usage Data. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of the website. We may also receive Technical Data and Location Data about you if you visit other websites using our cookies. Please see the Cookie section below for further details.
PERSONAL DATA WE RECEIVE FROM OTHER SOURCES
We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive the following personal data about you from them:
· Technical Data: from the following analytics providers, advertising networks and search information providers: Google.
· Contact, Transaction and Financial Data: from the following providers of technical, payment and delivery services: n/a
· Identity and Contact Data: from the following providers of chat/communication services with customers including via email: Google.
· Email Communications and Contact Data: from the following providers of email communications service providers: Hubspot, Google.
· Business Contact and Financial Data: from the following CRM service providers who manage contacts and keep a record of communications/ interactions with you: Hubspot
· Contact Data and Financial Data: from our cloud accounting system that stores email and names of persons sent invoices by email: n/a.
· Identity and Contact Data: each time you use your LinkedIn credentials to log in to the website to authenticate your access to the website and to track your usage of the website.
PERSONAL DATA WE COLLECT FROM OTHER SOURCES
We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us update, expand, and analyse our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you. We also use this for the purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying Contact Data. The personal data we collect includes:
· Identity and Contact Data: from publicly available sources such as Companies House.
· Identity, Contact and Profile Data: that is published about you on social media profiles: LinkedIn, Facebook, Twitter.
What are cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies can be “persistent” or “session” cookies.
We only use session cookies on the website.
A session cookie allows the website to link your actions during a browser session. We use session cookies to enable certain features of the website, to better understand how you interact with the website and to monitor aggregate usage by users and web traffic routing on the website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the website and then close your browser.
Which cookies we use and why
The table below explains the cookies we use and why we use each of them.
We use analytics cookies to tell us whether you have visited the website previously, and to gather statistics about visits to a page.
These cookies are used by software which tries to work out what country you are in from information supplied by your browser when it requests a web page. This cookie is completely anonymous, and is only used to help target content.
When you sign in, we generate cookies that let us know whether you are signed in or not. Our servers use these cookies to work out which account you are signed in with.
We use performance cookies to remember preferences you may have set on the website.
LinkedIn Third Party Cookies
Tracking, authentication and analytics cookies
When you log in to the website via LinkedIn, LinkedIn sets tracking, authentication and analytics cookies in order to identify you, initiate your request to log in to the website and to track your use of the website.
You can learn more about the cookies LinkedIn sets when you use our Services at: https://www.linkedin.com/legal/cookie-policy.
You can set up your browser options, to stop your computer accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the website.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
We do not support Do Not Track (“DNT”).
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the “Preferences” or “Settings” page of your web browser.
USES MADE OF PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing
To register you as a new user or customer
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and the website (including troubleshooting, data analysis, testing, system maintenance, support, updates, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant services content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve the website, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our website and grow our business)
We will not sell or rent your personal data to anyone.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURE OF YOUR PERSONAL DATA
Personal data we share with third parties. We may share your personal data with the third parties set out in our Third Party Supplier List for the purposes set out in the table above. Below is a summary of the types of third parties used:
● 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.
● Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, or to provide services such as IT and system administration services, email communications, hosting services, backup services, credit card processing, research, development, Apps, marketing and customer support, such as Hemsley Fraser, Google, Zendesk, Sage, Microsoft..
● Analytics and search engine providers that assist us in the improvement and optimisation of our Services, such as Google.
· Professional advisors acting as service providers to us in relation to the website – including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services.
· Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
· Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose personal data about identifiable individuals to our advertisers, but we may provide them with Aggregated Data about our users (for example, we may inform them that 250 men aged over 25 have clicked on their advertisement on any given day). We may also use such Aggregated Data to help advertisers reach the kind of audience they want to target (for example, women living in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
· Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
Personal data we disclose to third parties. We may disclose your personal data to third parties:
● In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
● If we or a member of our group of companies or substantially all of their assets are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets.
● If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our agreement with you and/or any other agreements; or to protect our rights, property, safety, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
● We may share Aggregated Data in the normal course of operating our business; for example, with website users, our customers or publicly to show trends or benchmark the general use of the website.
Our website and services are global and your information (including personal data) may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer your information to countries outside of your country of residence, which may have data protection rules that are different from those of your country of residence.
Processing of your personal data will involve a transfer of data to countries outside the European Economic Area (“EEA“), Switzerland or the UK.
Our Services are accessible via the internet and may potentially be accessed by anyone around the world. Other users may access the Services from outside the EEA, Switzerland or the UK. This means that where you chose to post your data within the Services, it could be accessed from anywhere around the world and therefore a transfer of your data outside of the EEA, Switzerland or the UK may be deemed to have occurred.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. For example all information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the website, you are responsible for keeping this password confidential. We ask you not to share any password with anyone. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavour to protect your personal data, we cannot guarantee the security of your data transmitted to the website. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
LINKS TO OTHER WEBSITES
Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
USE OF BLOGS, FORUMS AND CHAT ROOMS
Any information that you post to areas of the website that are viewable by others (for example, to a blog, forum or chat-room) will not be treated as proprietary, private, or confidential. We have no obligation to monitor such posts to the website or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights.
You have the right under Data Protection Law, free of charge, to request:
● Access to your personal data.
● Rectification or deletion of your personal data.
● A restriction on the processing of your personal data.
● Object to the processing of your personal data.
● A transfer of your personal data (data portability) in a structured, machine readable and commonly used format.
● Withdraw your consent to us processing your personal data, at any time.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
● Marketing: We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
● Promotional Offers from us: We will send you marketing emails if you “opt in” to receive marketing emails when registering on our website, or if you have enquired about, or purchased any of our goods or services from us and you have not opted out of receiving such marketing.
● Third Party Marketing: We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
● Opt out: Please note that, if you change your mind about being sent marketing emails you can “opt out” at any time by clicking the “unsubscribe” link at the bottom of any marketing email. Once you “opt out”, you will no longer receive any marketing emails from us. We will continue to communicate with you regarding your service billing and support via email and where we send push notifications from time to time in order to update you about any service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device.
We retain personal data for as long as necessary to fulfil the purposes for which it was provided or collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect to our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
The length that we keep personal data depends on the type of information held. We have set out below which types of information we keep and when this will be deleted.
Account information. For as long as your account is active we shall keep your personal data and for a reasonable period thereafter, just in case you decide to re-activate the account. Where we keep information for improvement and development of the website, we de-personalise the information. We only use such de-personalised information to uncover collective insights about the use of the website and never to analyse personal characteristics about you specifically. Where the services are made available to you via an organization (for example: your employer), we shall retain your information as long as required by the administrator of your account.
Shared Information. If your account is deactivated or disabled, any information you have shared with others will remain visible and some information and content you have provided may remain in order to allow team members or other users to make full use of the website.
Marketing and Cookie information. If you have elected to receive marketing emails from us, we shall retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our website or services. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
Anonymised Information. We will retain some anonymised information after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Please note: We do not control data that other users may have copied from the website or services. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
For UK individuals: The Information Commissioner’s Office at, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.
Our EU representative is:
AGE OF USERS
The website and services are not intended for and shall not be used by anyone under the age of 16.
By post: 5App Limited, 25 Old Burlington Street, London, W1S 3AN.
By email: firstname.lastname@example.org