Privacy and Cookies Policy
1.1 We are committed to safeguarding the privacy of our service users, including users of our website, our and the hosted services that we provide to organisations.
1.2 In this policy we explain how we will handle your personal data.
For Google Play app specification, see Appendix A
2. HOW WE USE YOUR PERSONAL DATA
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
2.2 We usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the services. The legal basis for this processing is our legitimate interests, namely monitoring and improving services.
2.3 We may process information contained in any enquiry you submit to us regarding our services ("enquiry data"). The enquiry data may be processed for the purposes of communicating with you regarding our services. The legal basis for this processing is consent.
2.4 If you are a representative of one of our customers who is authorised to communicate with us with respect to the relevant customer contract, we may process your account data ("account data"). The account data may include your name, email address, telephone number, mobile number, organisation, gender and date of birth. The source of the account data is either you or your employer. The account data may be processed for the purposes of providing our services, ensuring the security of our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our services and business.
2.5 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes may process data about your use of our services ("usage data"). The of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our services and business and communications with users.
2.6 We may process information that you provide to us for the purpose of subscribing to our email notifications ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications. The legal basis for this processing is consent and/or our legitimate interests (namely our interest in performing the contract between us and our customer).
2.7 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data:
(a) for the purpose of preventing fraud or for the purpose of the establishment, exercise or defence of legal claims (the legal basis for this processing is our legitimate interests, namely fraud prevention and the conduct of legal claims); and/or
(b) where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. PROVIDING YOUR PERSONAL DATA TO OTHERS
3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and the establishment, exercise or defence of legal claims.
3.2 We may disclose usage data, account data and notification data to our hosting services suppliers and to our software development subcontractors insofar as reasonably necessary for the purpose of enabling the provision of those services.
3.3 In addition to the specific disclosures of personal data set out in this Section 3, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the United Kingdom and the European Economic Area (EEA).
4.2 The hosting facilities for our website are situated in the USA. Usage data and enquiry data (but not other personal data) will be transferred to entities based in the USA. Transfers to the USA will be protected by appropriate safeguards, namely the use of the Privacy Shield scheme established by the European Commission.
5. RETAINING AND DELETING PERSONAL DATA
5.1 This Section 5 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 data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. At the end of the relevant retention period, the personal data will be deleted or irreversibly anonymised. Where personal data does not need to be accessed regularly, but does need to be retained, we will securely archive that data.
5.3 We will retain your personal data for up to 7 years following the date of collection, unless the data relates to a customer relationship, in which case the data will be retained for up to 7 years following the termination of the relevant customer relationship.
5.4 Notwithstanding Section 5.3:
(a) we may retain your personal data where it forms part of the legal, contractual, accountancy, taxation or other formal records of our business, for so long as the information in such records is reasonably required for the continued operation of our business;
(b) we may retain your personal information where such retention is necessary for the purpose of preventing fraud or for the purpose of the establishment, exercise or defence of legal claims; and
(c) we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7. YOUR RIGHTS
7.1 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 (currently fixed at GBP 10); 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).
7.2 We may withhold personal information that you request to the extent permitted by law.
7.3 You may instruct us at any time not to process your personal information for marketing purposes.
7.4 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.
8. THIRD PARTY WEBSITE
8.1 Our website includes hyperlinks to, and details of, third party websites.
8.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. UPDATING INFORMATION
9.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
10. ACTING AS DATA PROCESSOR
10.1 Except to the extent specified otherwise in this policy, in respect of personal data that any individual user of the WhatsUp? App supplies when using the WhatsUp? App, we do not act as a data controller; instead, we act as a data processor. The relevant institution or company will be the data controller with respect to that personal data.
10.2 Data relating to your account will be shared with your organisation's safeguarding department (other department names may be used or preferred by your organisation) under our contract with your organisation. It will be shared for the purpose of confirming your association with that organisation and to validate your use of our hosted services in accordance with the licence agreement between us and your organisation. In addition, any personal data that you supply to us using our mobile app will be shared with your organisation's safeguarding department.
10.3 Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
11. ABOUT COOKIES
11.1 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.
11.2 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.
11.3 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. COOKIES THAT WE USE
12.1 We use the following cookies in relation to administrative SWAP users:
(a) apikey – this is the user's unique API identifier, which permits certain functions within the SWAP portal;
(b) coid - this number identifies a user's associated organisation;
(c) cologo - an image that represents the user's associated organisation's logo;
(d) cosharedfolder - the Google identifier that is used for the shared documents folder for the user's associated organization;
(e) email – the username/email address used to log in to SWAP;
(f) userid - the user's numeric identifier for SWAP;
(g) welcome_info_name - the user's name for a personalised welcome.
13. COOKIES USED BY OUR SERVICE PROVIDERS
14. MANAGING COOKIES
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet- explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-gb/guide/safari/sfri11471/mac (Safari); and
14.2 Blocking all cookies will have a negative impact upon the usability of many websites.
14.3 If you block cookies, you will not be able to use all the features on our website.
15. OUR DETAILS
15.1 This website is owned and operated by WhatsUp? Tech Ltd.
15.2 We are registered in England and Wales under registration number 09695911, and our registered office is at 115 London Road, Temple Ewell, Dover, Kent, United Kingdom, CT16 3BY.
15.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
Last update: 10th Feb 2020