1. Definitions and interpretations
Data - collectively all the information you submit to the Bnkability website. This definition incorporates, where applicable, the definitions provided in Data Protection laws;
Data Protection Laws - any applicable law committed to the processing of personal data, including but not limited to Directive 96/46/EC (Data Protection Directive) or the GDPR; and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR - General Data Protection Regulation EU 2016/679;
Bnkability Ltd, we or us - Bnkability Ltd, a company incorporated in the United Kingdom with the registered number 0989445 who registered office is at Runway East Moorgate, 10 Finsbury Square, City Road, London EC2A 1AF;
Use or you - any third party that accesses the Website and is not either:
(i) employed by Bnkability Ltd and acting in the course of their employment
(ii) engaged as a consultant or otherwise providing services to Bnkability Ltd and accessing the website in connection with the provision of such services; and
a. The singular includes the plural and visa versa;
c. A reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. Reference to any statutory provision includes any modifications or amendment of it.
2.2 For purposes of the applicable Data Protection Laws, Bnkability Ltd is the “data controller”. This means that Bnkability Ltd determines the purposes for which, and the manner in which, your data is processed.
3. How we collect data
3.1 We collect data in the following ways:
a. Data is given to us by you; and
b. Data is collected automatically.
4. Data that is given to us by you
5. Data that is collected automatically
5.1 When you access the Site we will collect data automatically, for example details of the use of the Site, length of visit, page views, your IP address, the way you interact with the Site and other communication data. This information helps us to make improvements to our Site content and navigation.
6. How is your data been processed
6.1 What are we processing your data for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’)
We will process your data when we have to perform a contract, and we will be processing your data as long as the contractual relationship with you is in force and during the five years following the end of said relationship. This results in us having to process your data for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.
6.2 Subject to obtaining your consent, and as long as you do not withdraw any such consent, we may also process your data for the following purposes:
a. To send you electronic commercial communications (if you subscribe to a newsletter) or to answer the requests you may address us when contacting us;
c. When we have to comply with a legal obligation applicable to us from time to time, such as those set forth in The Money Laundering, Terrorist Financing and Transfer of Funds Regulation 2017. In any such cases, the data will be processed only during the periods set forth by said laws, being deleted thereafter.
d. Finally, we may also process your data to protect our legitimate interests, as long as said data is strictly necessary to fulfil the goals set forth below, namely:
6.3 To review, monitor, investigate, and analyse how to improve the Services and/or the Site, as well as to keep our Services and the Site secure and operational and prevent abusive activity (e.g. fraud, spam, phishing activities, etc.). This may include sending you a survey to assess any problems in the service or know how to improve your user experience. The interests at stake are ensuring a correct and safe environment for both other users and us, taking those interests prevalence over your legitimate interests (we need to create and maintain an environment which is in accordance with the law, the legitimate interests of other parties, what other users may expect from our end, and to protect other users’ security when accessing the Site and using the Services)
6.4 Besides any commercial electronic and non-electronic commercial communication sent when we have obtained your consent as mentioned above, we may also send you those kind of communications when you are our client. In this last case, we will only send you information belonging to us and concerning services and/or products identical or similar to the ones you have contracted with us. In these cases, we have a legitimate interest in processing your contact information to keep you informed about any of our products and services, prevailing this interest over your right to personal data given the non-sensitive nature of the data in question and the fact that the contractual relationship built with our clients results in those clients expecting these kinds of communications; and
6.5 Upon dissociating the data we have so as to be impossible to be associated to you or any other person, to perform statistical and other analysis on information we collect (technical and metadata) to analyse and measure user behaviour and trends, to understand how people use our services, in order to improve and optimise our performance of such services.
7. To which extent do we require to have access to your personal data?
7.1 We need to process your personal data to perform the legal and contractual obligations mentioned in section xx above. Otherwise, we are not able to provide you with the Services and/or access to the Site. On the other hand, for data processing which depends on your consent or on our legitimate interests, the data processing is not legally required.
8. Which companies will have access to your personal information?
8.3 We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.
9. In which territories may your personal information be processed?
10. Data retention
10.2 Even if we delete your data, it may exist on backup or archival media for legal, tax or regulatory purposes.
11. Your rights
11.1 You have the following rights in relation to your data:
a. Right to access - the right to request
(i) copies of the information we hold about you at any time,
(ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse your request in these circumstances. If we refuse your request, we will tell you the reasons why;
b. Right to correct - the right to have your data rectified if it is inaccurate or incomplete;
c. Right to erase - the right to request that we delete or remove your data from our systems;
d. Right to restrict our use of your data - the right to “block” us from using your data or limit the way in which we use it e. Right to data portability - the right to request the we move, copy or transfer your data; and
f. Right to object - the right to object to our use of your data including where we use for legitimate interest.
11.2 To make enquiries, exercise your rights set above, or withdraw your consent to the processing of your data (where consent is our legal basis for processing your data), please contact us via email address: firstname.lastname@example.org.
11.3 If you are not satisfied with the way a complaint you make in relation to your data is handled by us, you may be able to refer your complaint to the relevant protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’ contact details can be found on their website at https://ico.org.uk.
11.4 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.
12. Links to other websites
13. Changes of business ownership and control
13.2 We may also disclose data to a prospective purchaser of our business or any part of it.
13.3 In the above instances, we will take steps with the aim of ensuring your privacy is protected.
14.3 . Unless otherwise agreed, no delay, act to omission by a party in exercising any right or remedy.