Fair Processing Notice
Information regarding our fair processing notice
Information regarding our fair processing notice explained
This is Mobysoft Limited’s privacy notice relating to our marketing activities (this “Notice”). In this Notice, Mobysoft Limited is referred to as “we”, “us” and “our”.
This is Mobysoft Limited’s privacy notice relating to our marketing activities (this “Notice”). In this Notice, Mobysoft Limited is referred to as “we”, “us” and “our”.We are committed to protecting your privacy and complying with the relevant data protection laws, including the General Data Protection Regulation ((EU) 2016/679) (“Data Protection Legislation”).
1. What this Notice is for
This Notice sets out the basis by which we collect, use and disclose the personal data held in relation to marketing activities, as well as your rights in respect of such personal data. We may update this Notice from time to time and will publish an up to date copy of the Notice on the company website (www.mobysoft.com). This Notice was most recently updated on 24th May 2018.It is important that you read this Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Notice supplements the other notices and is not intended to override them.
Mobysoft Limited is the controller and responsible for your personal data. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Notice. If you have any questions about this Notice, including any requests to exercise rights under Data Protection Legislation, please contact data privacy manager using the details set out below:
Name or title of data privacy manager: Adrian Mills, Marketing Manager
Email address: email@example.com
Postal address: Mobysoft Limited, 5th Floor, Manchester One, 53 Portland Street, Manchester, England, M1 3LD
Contacting the ICO
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority 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.
2. What types of Personal Data we collect
We may collect the following types of Personal Data:
- First name
- Last name
- Work email address
- Work phone number
- Your preferences in receiving marketing and other communications from us
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. 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 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.
3. How we collect your Personal Data
We may collect your personal data in a number of ways through direct interaction with you, for example: •
- When you contact us in person, via the Internet, post, telephone or email
- When you complete customer satisfaction surveys that we use for performance purposes (although you are not obliged to respond to them)
- When you enter a competition
- When you give us any feedback
- When you request marketing to be sent to you
- When you subscribe to our publications
- When you give us your contact details at marketing events or industry conferences
We also collect personal data from third parties or publicly available sources:
- Analytics providers such as Google based outside the EU
- Search information providers such as Google or Bing, based outside the EU.
- Data brokers or aggregators such as HousingNet, based inside the EU
- Social Media sites such as LinkedIn, based outside the EU
- Publicly available sources such as Companies House and the Electoral Register based inside the EU
- Social Landlord websites based in the UK
4. How we use the information we collect
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- 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. Legitimate Interest means 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.
- Where we need to comply with a legal or regulatory obligation. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
We do not normally 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 text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes of using your data
In the table below, we have described 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 ground 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.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To manage our relationship with you which will include:
(a) Responding to requests for information that you make
(b) Asking you to leave a review or take a survey
(c) Making sure the information we hold about you is up to date
|(a) Contact data
(b) Marketing preferences
|(a) Necessary to comply with a legal obligation
(b) 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 competition or complete a survey||(a) Contact data
(b) Marketing preferences
|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 (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Contact data
(b) Marketing preferences
|(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 website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Contact data
(b) Marketing preferences
|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 make suggestions and recommendations to you about our sector, products or services, events, meetings, appointments and telephone calls that may be of interest to you||(a) Contact data
(b) Marketing preferences
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your personal 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, events, publications, content and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased products and/or services from us, or if you provided us with your details when you entered a competition or attended an event, and, in each case, you have not opted out of receiving that 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.
- Opting out: You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
5. Disclosures of your personal data
We may share your personal data:
- with our employees to help us process that data in accordance with paragraph 4 above;
- with other companies within the current and future Mobysoft group of companies, acting as joint controllers, to help us process that data in accordance with paragraph 4 above;
- where we are under a legal obligation to do so, for example where we are required to share information under statute, law or regulation, to prevent fraud and other criminal offences or because of a Court Order, or a demand from HRMC or the police;
- service providers acting as processors such as Salesforce and Hubspot based in the USA who provide IT and system administration services;
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances;
- 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 Notice; and
- service providers such as CIH, and HQN, based in the UK, who provide conference and event services
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. 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 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 suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of 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.
If you are a customer, by law we have to keep basic information about our customers for six years after they cease being customers. In all other cases, details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data: see paragraph 9 below for further information.
In some circumstances we may 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.
8. Transferring personal data outside the EEA
In some cases, we may transfer your personal data to countries outside the European Economic Area (EEA).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
9. Your Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- 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.
- 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 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.
- 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 information which override 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 but we need to verify whether we have overriding legitimate grounds to use it.
- 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 if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
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 these circumstances.
What we may need from you
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.
Time limit to respond
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.
Mobysoft Fair Processing Notice for Job Applicants
Data controller: Mobysoft Limited (“the Company” / “we”).
As part of any recruitment process, the Company collects and processes personal data relating to job applicants.
You are being sent this Privacy Notice because you are applying to work with us. This Privacy Notice makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise. It provides you with certain information that must be provided under the General Data Protection Regulation.
The Company is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
Data Protection Principles
We will comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
What information does the Company collect?
The Company will collect, store and use a range of personal information about you as part of the recruitment process, in connection with your application to work with us. This includes:
- your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history and other information you have provided in your CV and covering letter;
- information about your current level of remuneration, including benefit entitlements;
- information you have provided to us on our application form;
- any information you provide to us during an interview;
- any information obtained during any assessment exercise carried out as part of the recruitment process; and
- information about your entitlement to work in the UK.
The Company may also collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks.
Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).
Why does the Company process personal data?
The Company needs to process data to take steps at your request prior to entering into a contract with you. It may also need to process your data to enter into a contract with you.
In some cases, the Company needs to process data to ensure that it is complying with its legal obligations. For example, we are required to check a successful applicant’s eligibility to work in the UK before employment starts.
The Company has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. The Company may also need to process data from job applicants to respond to and defend against legal claims.
The Company may also collect information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. The Company processes such information to carry out its obligations and exercise specific rights in relation to employment.
For some roles, the Company is obliged to seek information about criminal convictions and offences and you will be informed if this applies to you. Where we seek this information, we do so because it is necessary for us to carry out our obligations and exercise specific rights in relation to employment and to satisfy ourselves that there is nothing in your criminal convictions history which makes you unsuitable for the role you have applied for.
We will retain your personal information for six months after we have communicated to you our decision about whether to appoint you. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates and that we have conducted the recruitment exercise in a fair and transparent way. At the end of that period, your data is securely deleted or destroyed.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in the future and we may wish to consider you for that, we will contact you, seeking your consent to retain your personal information for a fixed period on that basis.
Your information may be shared internally for the purposes of the recruitment process. This includes the Directors, interviewers involved in the recruitment process, managers in the business area with a vacancy and IT staff if access to the data is necessary for the performance of their roles. We will only share your personal information with the following third parties for the purposes of processing your application: Thomas International UK Limited, a provider of Psychometric testing for recruitment purposes.
If your application for employment is successful and we make you an offer of employment, we will then share your data with former employers to obtain references for you, employment background check providers to obtain necessary background checks and/or the Disclosure and Barring Service to obtain necessary criminal records checks.
The Company will not transfer your data outside the European Economic Area.
How does the Company protect data?
The Company takes the security of your data seriously. It has appropriate internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees, agents and contractors in the proper performance of their duties and where they have a business need-to-know. We have put in place measures to deal with any suspected data security breach and will notify any applicable regulator of a suspected breach where we are legally required to do so.
As a data subject, you have a number of rights. You can under certain circumstances:
- Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing.
- Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you would like to exercise any of these rights, please contact Sarah Helsby, Office Manager.
If you believe that the Company has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You are under no statutory or contractual obligation to provide data to the Company during the recruitment process. However, if you do not provide information when requested, which is necessary for us to consider your application to work with us, we will not be able to process your application.
During the recruitment processes you will not be subject to decisions that will have a significant impact on you solely based on automated decision making.