KONKER APP PRIVACY NOTICE
1. IMPORTANT INFORMATION AND WHO WE ARE
Privacy notice
This privacy notice gives you information about how we collect and use your personal data in connection with your use of:
• the Konker mobile application software ("App").
• our service that is accessible through the App ("Service").
• our website, www.konkerapp.com ("Site").
Our App is not intended for children and we do not knowingly collect data relating to children.
Controller
Konker App Ltd. is the controller and responsible for your personal data (referred to as “Konker”, "Konker App", "we", "us" or "our" in this privacy notice).
If you have any questions about this privacy notice, including any requests to exercise your legal rights (paragraph 9), please contact the us using the information set out in the contact details section (paragraph 10).
2. THE TYPES OF PERSONAL DATA WE COLLECT ABOUT YOU T
Personal data means any information about an individual from which that person can be identified.
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, any previous names, username or similar identifier, marital status, 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.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
• Profile Data includes your interests, preferences, feedback and survey responses.
• Content Data includes information that you upload or generate in the App, being photos, videos and associated metadata, check-ins, posts and messages.
• Location Data includes your current location as disclosed by GPS technology, WiFi connections or your IP address for the time period where you have permitted us to collect it.
• Usage Data includes information about how you interact with and use our App.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We will collect Special Categories of Personal Data about you.
This may include 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. We do not collect information about criminal convictions and offences.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
• Registration: We collect your Identity Data and Contact Data when you register your account with us.
• Communications: When you communicate with us via email, one of our online forms or chat we collect your Contact Data. If you contact us through the App using the chat function, we also collect Technical to operate our chat function and respond to your messages. If the communication relates to an error or problem you are having with the App or our Service, we will also collect Technical for diagnosis and improvement.
• Information you generate when using our App and Service: Each time you access and use our App and Service we collect Content, Technical and Usage Data. We collect Content Data where you upload it to the App or interact with the content available on the App.
• Information we collect through monitoring the use of our App, Site and Service: Each time you access and use our App and Service we collect information about that access and use, being Technical, Content and Usage Data.
• Additional information we otherwise collect through our App, Site and Service where we have your consent to do so: Where you provide your consent, we collect your Location Data on an ongoing basis while you have the App installed on your device.
• Your interactions with us: You may give us your personal data by filling in online forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:
• apply to be one of our suppliers;
• request marketing to be sent to you; or
• give us feedback or contact us.
Third parties or publicly available sources: We will receive personal data about you from various third parties and public sources as set out below:
• Device Data and Technical Data is collected from analytics providers such as Google based outside the UK.
• Contact, Financial and Transaction Data is collected from providers of technical, payment and delivery services such as Stripe based outside the UK.
• Identity and Contact Data is collected from publicly available sources such as Companies House and the Electoral Register based inside the UK.
4. HOW WE USE YOUR PERSONAL DATA
Legal basis
We will only use your personal data when we have a lawful basis to do so. Our lawful basis for each purpose for which we use your personal data is specified below.
Most commonly we will use your personal data in the following circumstances:
• Performance of a contract with you: Where we need to process your personal data to perform a contract with you or where you ask us to take steps before we enter into a contract with you. Where we rely on performance of a contract and you do not provide the necessary information, we will be unable to perform your contract.
• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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).
• Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.
• Where our Service require us to process Special Category data ,we will obtain your explicit consent to do so. If we seek and obtain your consent, you may withdraw it at any time.
Purposes for which we will use your personal data
We have set out below a description of all the ways we plan to use the various categories of 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.
• DELIVERY AND IMPROVEMENT OF OUR APP AND PURCHASES
1. Purpose/Use:
To permit you to install the App and register you as a new App user.
Type of Data:
a) Identity
b) Contact
c) Financial
d) Technical
Legal Basis:
Legitimate Interests (delivering our App to you)
2. Purpose Use:
To allow you to use the App and Service, including managing payments and sending you service communications.
Type of Data:
a) Identity
b) Contact
c) Transaction
d) Technical
e) Location
Legal Basis:
Performance of a contract
3. Purpose/Use:
Enforce our terms and conditions, including to collect money owed to us.
Type of Data:
a) Identity
Legal Basis:
Legitimate interests (to recover debts due to us)
• ACCOUNT MANAGEMENT AND PROFILING
1. Purpose/Use:
Combining the information we collect about you into a single customer account profile.
Type of Data:
a) Identity
b) Contact
c) Marketing and Communications
Legal Basis:
Legitimate Interests (to manage our App)
• DIRECT MARKETING
1. Purpose/Use:
To send you direct marketing communications via email, text and/or push notification.
Data Type:
a) Identity
b) Contact
c) Technical
d) Marketing and Communications
Legal Basis:
Consent
Unless we can rely on the soft opt-in and you have not opted out, in which case we rely on Legitimate Interest (to publicise and grow our business)
2. Purpose/Use:
To send you direct marketing communications by telephone or post.
Type of Data:
a) Identity
b) Contact
c) Technical
d) Marketing and Communications
Legal Basis:
Legitimate interests (to publicise and grow our business)
Unless you have opted out, in which case we rely on Consent
• TROUBLESHOOTING, IMPROVEMENT AND SECURITY
1. Purpose/Use:
To administer, monitor and improve our business, Service and this App including troubleshooting, data analysis and system testing.
Type of Data:
a) Identity
b) Contact
c) Technical
Legal Basis:
Legitimate interests (for running our business, provision of administration and IT services, network security, maintaining the security of our App and Service, providing a secure service to users and preventing fraudulent and other misuse of our App)
2. Purpose/Use:
Applying security measures to our processing of your personal data, including processing in connection with the App.
Type of Data:
All personal data under this privacy notice
Legal Basis:
Legal obligation (applying appropriate technical and organisational measures under Article 32 of the UK GDPR)
3. Purpose/Use:
Otherwise monitoring use of the App and deploying appropriate security measures.
Type of Data:
a) Contact
b) Transaction
Legal Basis:
Legitimate interests (running our business, provision of administration and IT services, network security, maintaining the security of our App and services, providing a secure service to users and preventing fraudulent and other misuse of our App)
• RIGHTS AND OBLIGATIONS
1. Purpose/Use:
To comply with our other legal obligations, including compliance with tax legislation, judicial, law enforcement and government authorities' requests.
Type of Data:
All personal data under this privacy notice
Legal Basis:
Legal obligation
• OTHER COMMUNICATIONS
1. Purpose/Use
To notify you of changes to the App, Service, your purchases and our terms and conditions for ongoing contracts.
Type of Data:
a) Contact
Legal Basis:
For ongoing or prospective contracts, Performance of a contract
Otherwise, Legitimate interests (in servicing our users and prospective users)
2. Purpose/Use:
To notify you of updates to this privacy notice.
Type of Data:
a) Contact
b) Transaction
Legal Basis:
Legal obligation (to inform you of our processing under Articles 13 and 14 of the UK GDPR)
3. Purpose/Use
To respond to your requests to exercise your rights under this notice.
Type of Data:
A relevant to your request
Legal Basis:
Legal obligation (complying with data subject requests under Chapter 3 of the UK GDPR)
4. Purpose/Use:
To enable you to participate in a prize draw or competition (where applicable, please also see the separate prize or competition privacy notice).
Type of Data:
a) Identity
b) Contact
c) Profile
d) Usage
e) Marketing and Communications
Legal Basis:
Legitimate interests (in growing and publicising our business)
Unless you have previously opted out, where we will rely on Consent
Performance of a contract (once you have entered)
5. Purpose/Use:
To ask you to complete a survey and process your response (where applicable, please also see the separate privacy notice).
Type of Data:
a) Identity
b) Contact
Legal Basis:
Legitimate interests (to analyse how users use our Service and to develop them and grow our business)
Unless you have previously opted out, where we will rely on Consent
6. Purpose/Use:
To otherwise respond to your enquiries, fulfil your requests and to contact you where necessary.
Type of Data:
As relevant to your enquiry or request
Legal Basis:
Legitimate interests (service our users and prospective users)
• BUSINESS CONTACTS
Purpose/Use:
Process personal data relating to staff members of our business contacts, including suppliers, customers and prospects.
Type of Data:
a) Contact
Legal Basis:
Legitimate interests (servicing and receiving products or services, to or from our business contacts and carry out our B2B business)
Direct marketing
You will receive marketing communications from us if you have requested information from us or purchase our App from us and you have not opted out of receiving the marketing.
We may also analyse your Identity, Contact, Technical, Usage and Profile Data to form a view which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.
Third-party marketing
We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.
However, we may send you details of offers from third-parties that are associated to our own services unless you opt out of receiving such (see below).
Opting out of marketing
You can ask to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us using the details below (paragraph 10).
If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes.
Cookies
For more information about the cookies we use and how to change your cookie preferences, please see https://www.konkerapp.com/faqs
Disclosures of your personal data
We may share your personal data where necessary with the parties set out below for the purposes set out in the tables above.
• We may need services and/or assistance from third parties, including, but not limited to, maintenance of our website and bug fixing, purchase of applications, data hosting, counselling on compliance with laws and regulations, development of applications, human resources services, supply services, Internet providers’ services, production of statistics and others. In this regard, to the extent necessary, we can transmit or disclose Personal Data we collected to any natural person or legal entity, to subcontractors and business partners.
• 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.
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.
5. INTERNATIONAL TRANSFERS
Whenever we transfer your personal data out of the UK to countries which have laws that do not provide the same level of data protection as the UK law, we always ensure that a similar degree of protection is afforded to it by ensuring that safeguards are implemented.
We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law.
Whenever we transfer your personal data out of the UK to service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place:
• We transfer your personal data to countries that have been deemed by the UK to provide an adequate level of protection for personal data; or
• We may use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK, namely the International Data Transfer Agreement or The International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers.
To obtain a copy of these contractual safeguards, please contact us using the contact details in paragraph 10.
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
How long will you use my personal data for?
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 in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see paragraph 9 below for further information.
8. YOUR LEGAL RIGHTS
You have a number of 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 "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 in certain circumstances. 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) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see OPTING OUT OF MARKETING in paragraph 4 for details of how to object to receiving direct marketing communications).
• 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.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
• If you want us to establish the data's accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• 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
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
If you wish to exercise any of the rights set out above, please contact us – see Contact details (paragraph 10).
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 could 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 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.
9. CONTACT DETAILS
If you have any questions about this privacy notice or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:
• Email address: hello@konkerapp.com
• Postal address: 128 City Road, London, England, EC1V 2NX
10. COMPLAINTS
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.
11. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy notice under regular review.
It is important that the personal data we hold about you is accurate and current.
Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.
12. THIRD PARTY LINKS
This 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 our website, we encourage you to read the privacy notice of every website you visit.