EFFECTIVE DATE: 21 September 2022
Finsmart respects your privacy and is committed to protecting your Personal Data. This Policy will inform you as to how we look after your Personal Data when you contact us, when you do business with us, or when you otherwise engage with us, or we engage with you, including visiting the Website, or making enquiries of us or when we market our goods and services to you and tell you about your privacy rights and how the law protects you.
- DEFINITIONS AND INTERPRETATION
In this Policy, the following definitions are used:
Data: means, collectively, all information that you submit to Finsmart by means of the Website, or any other means. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws: means any applicable law relating to the processing of Personal Data, including but not limited to the GDPR, the UK Data Protection Act 2018, and any national or international implementing laws, regulations and secondary legislation;
GDPR: means the General Data Protection Regulation (EU) 2016/679;
Website: means the website that you are currently using, https://fin-smart.co and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
You/your: means any third party that accesses the Website and is not either (i) employed by Finsmart and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Finsmart and accessing the Website in connection with the provision of such services.
- IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Policy
This Policy aims to give you information on how Finsmart collects and processes your Personal Data when you interact with us, or when we interact with you.
It is important that you read this Policy together with any other policy or 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.
Children and minors
Finsmart does not knowingly collect or solicit Personal Data (as defined in clause 4) from children and minors. Anyone under the age of eighteen (18) will not be knowingly allowed to register for any service on the Website or to purchase any products or service on the Website.
If you are under eighteen (18), please do not attempt to register on the Website or send any Personal Data to us. This is information about yourself, including your name, e-mail or home address, house telephone number, mobile number or other contact details. No one under the age of eighteen (18) may provide any personal information to the Website or receive any services on Finsmart’s Website.
In the event that we become aware or informed that we have collected Personal Data from a child under the age of eighteen (18) without verification of parental consent, we will delete that information as quickly as possible.
For purposes of the applicable Data Protection Laws, Finsmart is the “Data Controller”. This means that Finsmart determines the purposes for which, and the manner in which, your Data is processed, and undertakes to abide by and act in accordance with all relevant Data Protection Laws in such capacity.
If you have any questions about this Policy, including any requests to exercise your legal rights, please contact Finsmart using the details set out below.
Our full details are:
Full name of legal entity: Finsmart Limited
Contact person: Sotiris Manderis (Director) and Guillaume Petitgas (Director)
Email address: firstname.lastname@example.org
Postal address: 15 Bowling Green Lane, London, United Kingdom, EC1R 0BD
We have appointed IT Governance Europe Limited to act as our EU Representative. If you wish to exercise your rights under the EU General Data Protection Regulation (GDPR) or have any queries in relation to your rights or privacy matters generally please email our Representative at email@example.com or post your request or query to:
EU Representative, IT Governance Europe, Third Floor, The Boyne Tower, Bull Ring, Lagavooren, Drogheda, Co. Louth, A92 F682.
When contacting our Representative, please ensure you include our company name in any correspondence.
Our Website 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 and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the Policy of every website you visit.
- THE DATA WE COLLECT ABOUT YOU
“Personal Data”, or personal information, means any information about an individual from which that person can be identified. It does not include Data where the identity has been removed (anonymous Data).
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
- Identity Data includes first name, last name, customer code or identifier, 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.
- Profile Data includes purchases or orders made by you, the nature of your business, your business interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use the Website, products and services.
- KYC Data includes information about the source of funds you may use to purchase products or services from us, credit scores, reputation in the market, and other Data we require in order to verify your suitability as a client or supplier for us, and in deciding whether we may need some additional safeguards when doing business with you.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature or perhaps buying a certain type of product. 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 Policy.
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.
- 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 forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
- apply for our products or services;
- meet with us either at our offices, your premises, or in other locations, and express an interest in our products or services;
- create an account with us;
- subscribe to any of our services or publications;
- request marketing to be sent to you;
- complete a survey; or
- give us some feedback.
- Third parties or publicly available sources. We may receive Personal Data about you from various third parties and public sources as set out below:
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from Data brokers or aggregators including business directories.
- Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
- HOW WE USE YOUR PERSONAL DATA
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 we need to perform or manage the contract we are about to enter into or have entered into 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 those interests.
- 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 text message or where you are an individual customer and we wish to send you marketing materials. You have the right to withdraw consent to marketing at any time by contacting us.
- YOUR CONSENT
By submitting your information on the Website you consent to the use of that information as set out in this Policy. If we change our Policy, we will post the changes on this page or on the Website, and may place notices on other pages of the Website, so that you may be aware of the Personal Data we collect and how we use it at all times.
You agree that you do not object to us contacting you for any of the purposes of processing our services or your orders, statistical or survey purposes to improve this Website and its services to you, provision of Website content and advertisements to you, administration of this Website and where you consent, to notify you of services, products or special offers that may be of interest to you. You consent to such contact whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under any applicable Data Protection Laws.
- PURPOSES FOR WHICH WE WILL USE YOUR 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 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 register you as a new customer||(a) Identity
|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||(a) Identity
(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 this website (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 website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(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 website, 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 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||(a) Identity
(f) Marketing and Communications
|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 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).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing. we may also contact you if you are a business and you have not asked us not to contact you, and we believe you may be interested in our goods and services.
We will get your express opt-in consent before we share your Personal Data with any company outside our group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages 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, warranty registration, product/service experience or other transactions.
- CHANGE OF PURPOSE
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.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
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.
- DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your Personal Data with third parties for the purposes set out in the table in clause 8 above. These include:
- third party providers of Data and other services to us, such as credit agencies, and third party archival, cloud and backup providers;
- third party providers of professional services, such as accountants, bankers, insurers and lawyers;
- HM Revenue and Customs, and other regulatory authorities; and
- 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 Policy.
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.
- INTERNATIONAL TRANSFERS
We ensure your Personal Data is protected by requiring all our group companies to follow the same rules when processing your Personal Data.
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. For further details, see European Commission: Adequacy of the protection of Personal Data in non-EU countries.
- 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. For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries.
- Where we use providers based in the US, we may transfer Data to them if they enter into the ICOs model/standard clause contract – details of which can be found here.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
- 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.
- DATA RETENTION
How long will we use your Personal Data for?
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.
By law we have to keep basic information about our customers (including Contact, Identity, KYC, Financial and Transaction Data) for six (6) years after they cease being customers for tax and accounting purposes.
In some circumstances you can ask us to delete your Data: see clause 17 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.
What we may need from you
Following any request made by 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 (1) 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.
- YOUR LEGAL RIGHTS
You have the right to:
Be informed of how your Personal Data is being utilised by us, as set out in this Policy.
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.
No fee usually required to access your Personal Data (or to exercise any of the other rights). It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
You may not transfer any of your rights under this Policy to any other person. We may transfer our rights under this Policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Policy will be governed by and interpreted according to the law of England and Wales. All disputes arising under this Policy will be subject to the exclusive jurisdiction of the English and Welsh courts.
- CHANGES TO THIS POLICY
Finsmart reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.
You may contact Finsmart by email at firstname.lastname@example.org.