4.6.7 However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our platform. 4.7 Change of purpose
4.7.1 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.
4.7.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the lawful basis which allows us to do so.
4.7.3 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.5 Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data
5.1.1 Internal Third Parties as set out in the Glossary
5.1.2 External Third Parties as set out in the Glossary
Specific third parties such as Amazon Web Services (“AWS
”), Salesforce, Stripe, HubSpot, Google Analytics and Xero.
5.1.3 Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. 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.
5.1.4 We require all third parties to respect the security of your personal data and to treat it in accordance with data protection legislation. 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
We may share your personal data within the Aircards Ltd group of companies. This will involve transferring your personal data outside the UK.
6.2 Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
6.2.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
6.2.2 Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
6.3 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.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. These security measures include:
7.1.1 encryption of data at rest and in transit;
7.1.2 role based access controls which apply to staff accessing systems and services;
7.1.3 regular patching of systems to address known security vulnerabilities;
7.1.4 penetration testing of infrastructure of at least once per year;
7.1.5 intrusion detection system to monitor networks continuously;
7.1.6 anti-malware technology deployed;
7.1.7 periodic backups of production data to a separate location;
7.1.8 employee background checks are performed; and
7.1.9 disaster recovery plans tested.
7.2 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.
7.3 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 where we are legally required to do so.8. Data retention
8.1 How long will you use my personal data for?
8.1.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period (i.e. after suspending/cancelling your subscription and/or terminating your account) in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
8.1.2 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.
8.2 By law we have to keep basic information about our customers (including Identity, Contact, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
8.3 In some circumstances you can ask us to delete your data: see your legal rights
below for further information.
8.4 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.9. Your legal rights
9.1 Under certain circumstances, you have rights under data protection legislation in relation to your personal data. Please click on the links below to find out more about these rights:9.1.1 Request access to your personal data.
9.1.2 Request correction of your personal data.
9.1.3 Request erasure of your personal data.
9.1.4 Object to processing of your personal data.
9.1.5 Request restriction of processing your personal data.
9.1.6 Request transfer of your personal data.
9.1.7 Right to withdraw consent.
9.2 If you wish to exercise any of the rights set out above, please contact us.
9.3 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
9.4 No fee usually required
9.4.1 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.
9.5 What we may need from you
9.5.1 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.
9.6 Time limit to respond
9.6.1 We try to respond to all legitimate requests within one month. Occasionally it could 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.
10.1 Lawful Basis10.1.1 Legitimate Interest
means the interest of our business in conducting and managing our business to enable us to give you the best service 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.10.1.2 Performance of Contract
means 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.10.1.3 Comply with a legal obligation
means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
10.2 Third Parties
10.2.1 External Third Parties
10.2.1.1 Service providers such as AWS based in the UK who provide IT and system administration services.
10.2.1.2 Service providers such as AWS, Salesforce, HubSpot and Google Analytics.
10.2.1.3 Service providers such as Stripe and Xero acting as processors who provide financial administration services.
10.2.1.4 Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
10.2.1.5 HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
10.3 Your Legal Rights
10.3.1 You have the right to:10.3.1.1 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 hold about you and to check that we are lawfully processing it.10.3.1.2 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 personal data you provide to us.10.3.1.3 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 local 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.10.3.1.4 Object to processing
of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms.10.3.1.5 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:
10.3.1.5.1 If you want us to establish the personal data's accuracy.
10.3.1.5.2 Where our use of the personal data is unlawful but you do not want us to erase it.
10.3.1.5.3 Where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims.
10.3.1.5.4 You have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.10.3.1.6 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.10.3.1.7 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 services to you. We will advise you if this is the case at the time you withdraw your consent.