Effective Date: January 1, 2019
Welcome to Phonexa, Ltd’s Privacy Notice.
This app (“App”) is owned and operated by Phonexa, Ltd (collectively referred to as “Phonexa”, “We”, “Us” or “Our”), a company organised under the laws of England and Wales with Company Number of 10100443 and registered with the Information Commissioner’s Office under Registration Number ZA419460.
Phonexa respects a user’s privacy and is committed to protecting each user’s Personal Data (“Personal Data” as later defined). This Privacy Notice will inform a user (“You” or “Your”) about how We will use, protect and handle Your Personal Data when You visit Our App (regardless of where you visit it from) and describes Your privacy rights and how the law protects You.
2. Important Information And Who We Are
This Privacy Notice gives You information on how Phonexa collects and processes Your Personal Data through Your use of this App.
This App is not intended for children and We do not knowingly collect data relating to children.
Phonexa, Ltd is the controller data and is responsible for Your Personal Data. We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions and issues in relation to this Privacy Notice. If You have any questions about this Privacy Notice, including any requests to exercise Your legal rights, please contact the DPO using the details set out below.
Our full details are:
Data Protection Officer
19 Oxford Road,
Bournemouth, BH8 8GS
01202 016 684
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the opportunity to directly deal with Your concerns before You approach the ICO – so, respectfully, please contact us in the first instance.
This is the January 1, 2019 App version of the Phonexa, Ltd. Privacy Notice. It is important that the Personal Data We hold about You is accurate and current. Please keep Us informed if Your Personal Data changes during Your relationship with Us.
This App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins and applications and are not responsible for their privacy notices.
“Aggregated Data” is compiled information derived from an individual’s Personal Data, but is not considered Personal Data in law as it does not directly or indirectly reveal an individual’s identity.
“Personal Data” or “Personal 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 (ie, anonymous data).
We may collect, use, store and transfer different kinds of Personal Data about You which We have grouped together as follows:
- “Contact Data” is information that contains an individual’s address, email address and telephone numbers.
- “Identity Data” is information that contains and individual’s first and last name.
- “Financial Data” is information that contains an individual’s bank account and payment card details.
- “Marketing and Communications Data” is information about an individual’s preferences in receiving marketing from Us and third parties and Your communication preferences.
- “Profile Data” is an individual’s username and password.
- “Technical Data” is information that contains internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technical information about devices uses to access this App.
- “Transaction Data” is information that contains details about payments to or from Phonexa under separate agreements.
- “Usage Data” is information about how an individual uses the App and/or the Phonexa website, products and services.
We also collect, use and share Your aggregated data such as statistical or demographic data for any purpose. For example, We may aggregate Your Usage Data for Our analytics to calculate the percentage of users accessing a specific App feature. However, if We combine or connect Aggregated Data with Your Personal Data so that it can directly or indirectly identify You, We treat the combined data as Personal Data which will be used in accordance with this Privacy Notice.
We do not collect any Special Categories of Personal Data about You (this includes 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), nor do We collect any information about criminal convictions and offences.
Where We need to collect Personal Data by law, or for the Performance of a Contract, and You fail to provide such data when requested, We will not be able to perform our services or allow you to use the App.
3. How Is Your Personal Data Collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us Your Identity, Contact and Financial Data by filling in Our forms or by corresponding with Us by phone, email or otherwise. These interactions include Personal Data You provide when You:
- Create and account on Our App (or website);
- Request marketing to be sent to You; and/or
- Providing Us feedback.
We may receive Personal Data about you from various third parties as set out below.
Technical Data may be received from the following parties:
- Analytics providers, such as Google, based outside the EU;
- Advertising networks based inside and outside the EU;
- Information processing providers based outside the EU; and or
- Programming, development, and engineering contractors based outside the EU.
4. How Do We Use Your Personal Data?
We will only use Your Personal Data according to applicable law. Most commonly, We will use Your Personal Data in the following circumstances:
- Where We need to perform the contract with You;
- Where it is necessary for Our legitimate interests (or those of a third party) and Your interests and fundamental rights do not override such legitimate interests; and/or
- Where We need to comply with a legal or regulatory obligation.
Generally, We do not rely on consent as a legal basis for processing Your Personal Data other than in relation to sending third party direct marketing communications to You via email or SMS. You have the right to withdraw consent to marketing at any time by contacting Us.
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 Our legitimate interests 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.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To process Your requests for offers of credit from Our trusted third-party lender partners||(a) Identity|
|Performance of a contract with You|
|To administer and protect Our business and this App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(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 App content and advertisements to You and measure or understand the effectiveness of the advertising We submit||(a) Identity|
(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 Our App, products/services, marketing, customer relationships and experiences||(a) Technical|
|Necessary for Our legitimate interests (to define types of customers for Our products and services, to keep Our App updated and relevant, to develop Our business and to inform Our marketing strategy)|
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 (ie “marketing”).
If You have requested information from Us and You have not opted out of receiving that marketing You will receive marketing communications from Us.
We will get Your express opt-in consent before We share Your Personal Data, with any company outside of the Phonexa group of companies, for marketing purposes.
You can ask Us to stop sending you marketing messages by contacting Us at any time. Please see our contact information in this Privacy Notice.
Where You opt out of receiving these marketing messages, this will not apply to Personal Data provided to Us as a result of registering to be an affiliate or lender in Our network.
For reference, a “cookie” is a small file of letters and numbers that We store on Your browser or the hard drive of Your computer or phone, if you agree. Cookies contain information that is transferred to Your computer or phone’s (as applicable) hard drive.
- Analytical/Performance cookies. This file allows Us to recognise and count the number of visitors and to see how visitors move around Our App when they are using it. This helps us to improve the way Our App works. For example, We follow a user’s path on Our App to ensure that such user is finding what they are seeking.
- Functionality cookies. This file is used to recognise You when You return to Our App. 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. This file records Your visit to Our App, the pages You have visited and the links You have followed. We will use this information to make Our App and the advertising displayed on it more relevant to Your interests. We may also share this information with third parties under this purpose.
You can find more information about the individual cookies We use and the purposes for which We use them in the table below:
|subaccount, source, referrer, keyword, uuid||These cookies enable us to determine how you and other users of phonexa.uk arrived at the site.|
You may block cookies by activating the setting on Your browser that allows you to refuse the setting of all or some cookies.
5. Disclosures Of Your Personal Data
We may have to share Your Personal Data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
Alternatively, We may seek to acquire other businesses or merge with them. If a change happens to Our business, then the new owners may use Your Personal Data in the same way as set out in this Privacy Notice.
We require all third parties to respect the security of Your Personal Data and to treat it in accordance with the law. We do not allow Our third-party service providers to use Your Personal Data for their own purposes and only permit them to process Your Personal Data for specified purposes and in accordance with Our instructions.
6. International Transfers
Some of Our external third parties are based outside the European Economic Area (“EEA”) so their processing of Your Personal Data will involve a transfer of data outside the EEA.
Whenever We transfer Your Personal Data out of the EEA, We ensure a similar degree of protection is afforded to it by using specific contractual clauses which give Personal Data the same protection it has in Europe.
Please contact us if you want further information on the specific mechanism used by Us when transferring Your Personal Data out of the EEA.
7. Data Security
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. In addition, We limit access to Your Personal Data to those employees, agents, contractors and other service providers 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 suspected Personal Data breach and will notify You and any applicable regulator of a breach as legally required to do so.
8. Data Retention
We will only retain Your Personal Data for as long as necessary to fulfil the previously mentioned purposes. We also store it for satisfying any legal, accounting, or reporting requirements.
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 requirements.
9. Your Legal Rights
Under certain circumstances, You have rights under data protection laws in relation to Your Personal Data. These rights are listed and described below:
- Request access to Your Personal Data (commonly known as a “data subject access request”). This enables You to receive a copy of the Personal Data We possess about You and to check that We are lawfully processing it.
- Request correction of the Personal Data that We hold about You. This enables You to have any incomplete or inaccurate data We hold about You corrected, though We may need to verify the accuracy of the new data You provide to Us.
- Request erasure of Your Personal Data. This enables You to ask Us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask Us to delete or remove Your Personal Data where You have successfully exercised Your right to object to processing (see below), where We may have processed Your information unlawfully, or where We are required to erase Your Personal Data to comply with law. Note, however, that We may not always be able to comply with Your request of erasure for specific legal reasons which will be notified to You, if applicable, at the time of Your request.
- Object to processing of Your Personal Data. You have the right to object to the processing of Your Personal Data when We are processing Your Personal Data for direct marketing purposes and relying on Our legitimate interest (or those of a third party) and there is something about Your particular situation which makes You (i) want to object to processing such data and (ii) if You feel Our processing of such data impacts on Your fundamental rights and freedoms. In some cases, We may demonstrate that We have compelling legitimate grounds to process Your information which supersede Your rights and freedoms.
- Request restriction of processing of Your Personal Data. This enables You to ask us to suspend the processing of Your Personal Data in the following scenarios: (a) if You want us to establish the data’s accuracy; (b) where Our use of the data is unlawful but You do not want us to erase it; (c) where You need us to hold the data even if We no longer require it as You need it to establish, exercise or defend legal claims; or (d) You have objected to Our use of Your data. However, in these cases, We will need to verify whether We have overriding legitimate grounds to use such data.
- Request the transfer of Your Personal Data to You or to a third party. We will provide to You, or a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw consent at any time where We are relying on consent to process Your Personal Data. However, this will not affect the lawfulness of any processing carried out before You withdraw Your consent. If You withdraw Your consent, We may not be able to provide certain products or services to You. We will advise You at the time You withdraw Your consent.
If You wish to exercise any of the rights set out above, please contact us.
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 may refuse to comply with Your request in such 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.
We try to respond to all legitimate requests within one month. Occasionally, it may take Us longer than a month if Your request is particularly complex or You have made a number of requests. In this case, We will notify You and keep you updated.
- “Legitimate Interest” is the interest of Our business in conducting and managing Our business to enable Us to give You the best service/product and the best and most secure experience. We make sure We consider and balance any potential impact on You (both positive and negative) and Your rights before We process Your Personal Data for Our legitimate interests. We do not use Your Personal Data for activities where Our interests are overridden by the impact on You (unless We have Your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess Our legitimate interests against any potential impact on You in respect of specific activities by contacting Us.
- “Performance of a Contract” is processing Your data where it is necessary for the performance of a contract to which You are a party or to take steps at Your request before entering into such a contract.
- “Comply with a legal or regulatory obligation” is processing Your Personal Data where it is necessary for compliance with a legal or regulatory obligation that We are subject to.
- “Internal Third Parties” are other companies in the Phonexa family of entities acting as joint controllers or processors and who are based in the EEA, the United Kingdom, and in the United States and provide IT and system administration services and undertake leadership reporting.
- “External Third Parties” are service providers acting as processors based in the EEA, the United Kingdom, and in the United States who provide IT and system administration services.
- “Programming, development and engineering contractors” are based outside the EEA.
- “Professional advisers acting as processors” or “joint controllers” are lawyers, bankers, auditors and insurers based the United Kingdom and in the United States who provide consultancy, banking, legal, insurance and accounting services.
- “HM Revenue & Customs regulators and other authorities” are those parties acting as processors or joint controllers based in the United Kingdom who may require reporting of processing activities in certain circumstances.