Dated: 25 May 2018
PLEASE READ THIS POLICY CAREFULLY BEFORE USING APPEAR HERE LIMITED’S SERVICES
Protecting your data, privacy and personal information is very important to Appear Here Limited(“ Appear Here”, “ our”, “ us” or “ we”).
When visiting Appear Here’s website at https://www.appearhere.co.uk/ (our “ Website”) or using any of the services offered via the Website (the “ Services”), you will be asked to indicate your acknowledgement of, and where applicable consent to, the practices described in this policy.
Our Website contains links to third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that We do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.
Information we may collect
We may collect and process the following data about you:
- Information that you provide to us. You will be asked to provide us with your information when you:
- fill in forms on our Website, or correspond with us by phone, email or otherwise;
- register to use our Services;
- use the Services;
- report a problem with our Website or Services; or
- complete any surveys we ask you to fill in that we use for research purposes (although you do not have to respond to these if you do not want to).
You must have obtained clear permission from the individuals whose data you provide us with before sharing that data with us.
The information you will be asked to provide to us for these purposes may include your first name, surname, home address, email address, phone number, company name, business address, bank account and payment information (billing name and address).
Information we collect about you. With regard to each of your visits to our Website we may automatically collect the following information:
- device-specific information, such as your hardware model, operating system version, unique device identifiers, and mobile network information;
- technical information about your computer, including where available, your IP address, operating system and browser type, for system administration and analytical purposes; and
- details of your visits to our website, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time), length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).
Information we receive from other sources. When using our Services, we will be in contact with third parties who may provide us with certain information about you in order to enable your use of the Services.
Information we may collect about others. We may collect and process data about others that you provide us with, including (but not limited to) information that you provide by filling in forms on our Website or that you provide to us by email.
How we use your information and justification of use
Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the ground in respect of each use of your personal data in this policy. These are the principal grounds that justify our use of your information:
Consent : where you have consented to our use of your information (you are providing explicit, informed, freely given consent, in relation to any such use and may withdraw your consent in the circumstance detailed below by notifying us);
Contract performance : where your information is necessary to enter into or perform our contract with you;
Legal obligation : where we need to use your information to comply with our legal obligations;
Legitimate interests : where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and
Legal claims : where your information is necessary for us to defend, prosecute or make a claim against you or a third party.
We use information held about you (and information about others that you have provided us with) in the following ways:
APPLICABLE TO ALL USERS:
|Types of Information Collected||Uses of that Information||Use Justification|
|First name, surname, email address.||To register for our Services and any other information which you request from us.||Legitimate interest (to administer users).|
|First name, surname, email address, address, phone number, feedback survey information.||To provide you with the Services and specifically for the processing of any enquiries made via our Website.||Contract performance.|
|First name, surname, phone number, company, email address, company name (if applicable)||To provide concierge services to you.||Contractual performance.|
|Individual and/or company name, individual and/or company address||To administer the Services and specifically for providing the legal contract necessary to provide you with the Services.||Contract performance (details of counterparties to legal contract between brand and landlord as part of the Services)|
|First name, surname, email address, address, phone number, business address, Eventbrite ticket purchase information, Facebook lead generation form information.||For marketing, provided always that we: (i) only use aggregated and anonymised data; or (ii) only engage in direct marketing for products and/or services provided by Appear Here (including marketing spaces and our Additions services) that we believe will be of interest to you or only where you have explicitly consented to this (Please see ‘Marketing’ below)||Legitimate interest (for marketing our own similar products and services and any re-engagement campaigns).Consent (for marketing unrelated products or services or products or services of third parties).|
|First name, surname, email address.||To ensure the content on our Website is presented in the most effective manner for you and your computer or mobile device.||Legitimate interests (to administer and improve our Website).|
|First name, surname, email address.||To administer our Website and for internal operations, including research, data analysis and data statistics.||Legitimate interests (to administer and improve our Website).|
|First name, surname, email address.||To notify you about changes to our Services.||Legitimate interests (to update our Website from time to time).|
|Types of Information Collected||Uses of that Information||Use Justification|
|Billing name, billing address, bank account number, bank sort code, payment information||To process payments received from brands||Contract performance.|
|Name, phone number, rental property address||To put you in contact with the brand via the platform.||Contractual performance.|
|Types of Information Collected||Uses of that Information||Use Justification|
|First name, surname, phone number, company, email address, company name (if applicable)||To create your idea profile.||Legitimate interests (to administer users).|
|Name, phone number||To put you in contact with the landlord via the platform.||Contractual performance.|
|Billing name, billing address, bank account number, bank sort code, payment information||To refund deposits.||Contractual performance.|
We will not sell your personal data (or any other data you provide us with) to third-parties; however, we reserve the right to share any data which has been anonymised and/or aggregated. You acknowledge and accept that we own all right, title and interest in and to any derived data or aggregated and/or anonymised data collected or created by us.
We may use information for marketing products and services to you in the following ways:
|Type of marketing activity||Use Justification|
|Newsletters and marketing emails relating to our own similar services and products (including marketing spaces and our Additions services) we believe may be of interest to you). Where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing.||Legitimate interests (to market our products and services – you have the right to unsubscribe at any time).|
|To send you details about our own unrelated services or products or special offers and discounts which are being provided by our selected business partners. Where required by law, we will ask your consent at the time we collect your data to conduct any of these types of marketing.||Consent (which can be withdrawn at any time).|
We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us.
Disclosure of your information
We may disclose your personal information to our service providers and business partners, including brands, landlords and our Additions partners (to assist us in performing any contract we enter into with them or you, including providing the Website and the Services it enables), analytics providers, including Google analytics, (to assist us in the improvement and optimisation of the Website) and/or a member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
In addition, we may also disclose your personal information to third parties in the following circumstances:
|Purpose of disclosure and third party(s) to which disclosure might be made||Use Justification|
|If we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets||Legitimate interest (to sell our business or assets).|
|If Appear Here or substantially all of its assets are acquired by a third party, personal information about our customers will be one of the transferred assets||Legitimate interest (to sell our Company or assets).|
|If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Appear Here, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection||Legal obligation.|
|Fraud Prevention and other checks. We and other organisations may also access and use your personal information to conduct credit checks and checks to prevent fraud. If false or accurate information is provided and fraud is identified or suspected, details may be passed to fraud prevent agencies.||Legitimate interest (to assist with the prevention of fraud and to assess your risk profile).|
|We may disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with proceedings or investigations anywhere in the world where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.||Legal obligation (to cooperate with law enforcement and regulatory authorities).|
Security over the internet
No data transmission over the internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.
Sensitive information between your browser and our Website is transferred in encrypted form using secure socket layer (“SSL”) or equivalent cryptographic protocols using certificates issued by a trusted third party authority.
All information you provide to us is stored on our or our subcontractors’ secure servers, and accessed and used subject to our security policies and standards.
We use hosted servers (such as Amazon Web Services in the course of our business, including for the permission of marketing and sales activity. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share your password with anyone.
Exports outside the EEA
Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the European Economic Area (EEA) in which data protection laws may be of a lower standard than in the EEA. Regardless of location or whether the person is an employee or contractor, we will impose the same data protection safeguards that we deploy inside the EEA.
Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which have not had these approvals, we will either ask for your consent to the transfer or transfer it subject to European Commission approved contractual terms that impose equivalent data protection obligations directly on the recipient, unless we are permitted under applicable data protection law to make such transfers without such formalities.
Please contact us if you would like further details of the specific safeguards applied to the export of your personal data.
How long we retain your personal data
We will hold the above information for as long as is necessary in order to conduct the processing detailed in the table above, deal with any specific issues that may raise, or otherwise as is required by law or any relevant regulatory body.
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.
Once your account is terminated or deactivated, we shall delete the personal data relating to your account within one month. Some personal data may need to be retained for longer than this to ensure Appear Here can comply with applicable laws and internal compliance procedures, including retaining your email address for marketing communication suppression if you have opted not to receive any further marketing.
If information is used for two purposes, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period when that period expires.
We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymized (and the anonymized information may be retained) or securely destroyed. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the personal risk or harm from unauthorized use or disclosure, the purpose for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at firstname.lastname@example.org.
In certain circumstances, you have the following rights in relation to your personal data:
|Right of Access||You have the right to obtain from us information as to whether your personal data is being processed, and, where that is the case, access to such personal data.|
|Right to Rectification||We will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by sending us a request to rectify your personal data where you believe the personal data we have is inaccurate or incomplete.|
|Right to erasure / ‘Right to be forgotten’||Asking us to delete all of your personal data will result in Appear Here deleting your personal data without undue delay (unless there is a legitimate and legal reason why Appear Here is unable to delete certain of your personal data, in which case we will inform you of this in writing).|
|Right to restriction of processing||You have the right to ask us to stop processing your personal data at any time.|
|Right to data portability||You have the right to request that Appear Here provides you with a copy of all of your personal data and to transmit your personal data to another data controller in a structured, commonly used and machine-readable format, where it is technically feasible for us to do so and the processing is based on consent or contractual performance.|
|Right to complain||You have the right to lodge a complaint to a supervisory authority such as the Information Commissioner’s Office in the UK (see www.ico.org.uk). Although we encourage our customers to engage with us in the event they have any concerns or complaints.|
Appear Here will not ordinarily charge you in respect of any requests we receive to exercise any of your rights detailed above; however, if you make excessive, repetitive or manifestly unfounded requests, we may charge you an administration fee in order to process such requests or refuse to act on such requests. Where we are required to provide a copy of the personal data undergoing processing this will be free of charge; however, any further copies requested may be subject to reasonable fees based on administrative costs.
Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use Appear Here’s Services, or at least those aspects of the Services which require the processing of the types of personal data you have asked us to delete, which may result in you no longer being able to use the Services.
Where you request Appear Here to rectify or erase your personal data or restrict any processing of such personal data, Appear Here may notify third parties to whom such personal data has been disclosed of such request. However, such third party may have the right to retain and continue to process such personal data in its own right.
Changes to this policy
For the purpose of the relevant data protection legislation, the data controller is Appear Here Limited (company no. 07736672) with registered address at 13-16 Vine Hill, Second Floor, London, EC1R 5DW.
What are cookies?
Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. The cookie will help the website, or another website, to recognise your device the next time you visit. We use the term “cookies” in this policy to refer to all files that collect information in this way.
There are many functions cookies serve. For example, they can help us to remember your username and preferences, analyse how well the Website is performing, or even allow us to recommend content we believe will be most relevant to you.
Certain cookies contain personal information – for example, if you click to “remember me” when logging in, a cookie will store your username. Most cookies will not collect information that identifies you, but will instead collect more general information such as how users arrive at and use the Website.
What sort of cookies does the Website use?
Generally, our cookies perform up to three different functions:
- Essential cookies
Some cookies are essential for the operation of the Website. If you opt to disable these cookies, you will not be able to access or use all of the features that the Website incorporates.
- Performance Cookies
We utilise other cookies to analyse how our visitors use the Website and to monitor performance. This allows us to provide a high quality experience by customising our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages.
- Functionality Cookies
We use functionality cookies to allow us to remember your preferences. For example, cookies save you the trouble of typing in your username every time you use the Website, and recall your customisation preferences.
We do use or allow third parties to serve cookies that fall into the three categories above. For example, like many companies, we use companies such as Google Analytics to help us monitor our traffic. We may also use third party cookies to help us with market research, revenue tracking, improving site functionality and monitoring compliance with our terms and conditions and copyright policy. Please see the table below for the full list of third parties who serve cookies on the Website:
|Company||Description||Why do we use it|
|Google Analytics||Measures and quantifies how visitors engage and interact with our website||Analytics, research & performance|
|Displays retargeting ads to our website as visitors visit LinkedIn||Marketing|
|Displays retargeting ads to our website as visitors visit Facebook and its affiliated companies||Marketing and Analytics|
|Unbounce||Provide our users with targeted messages and information on our site, to help them find the space they’re looking for.||Analytics, research & performance|
|Doubleclick||Allows us to tailor our ads and messaging to the right people.||Marketing|
|Google Adwords||Allows us to tailor our ads and messaging to the right people.||Marketing|
|Google Dynamic Remarketing||Delivers tailored ads based on what users have seen on our website||Marketing|
|Pingdom||Measures and tracks performance of the website||Analytics, research & performance|
|Amplitude||Measures and quantifies how visitors engage and interact with our website||Analytics, research & performance|
|Segment||Helps us to manage third party libraries on our website||Analytics|
|GA Audiences||Allows us to tailor our ads and messaging to the right people.||Marketing|
Can you block cookies?
As we have explained above, cookies help you to get the most out of the Website.
However, if you do wish to disable cookies then you can do so by amending the settings within your browser or mobile device.
Please remember that if you do choose to disable cookies, you may find that certain sections of the Website do not work properly.