Privacy policy.
CLEAROOMS LIMITED PRIVACY NOTICE
Clearooms Limited (Company Number: 12855479) is committed to protecting the privacy and security of your personal data. This Privacy Policy describes how we collect, use and look after personal data when our Clearooms app (the App) or Clearooms portal (the Portal) is used. It also tells you about your rights and how the law protects you.
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
1. Important information and who we are
Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data.
- Supplemental Terms – This Privacy Policy supplements the other notices and terms relating to the use of the App (Terms) or the Portal (Clearooms User Terms) and is not intended to override them.
- Controller – In most cases, Clearooms Limited is the data controller and responsible for the personal data collected from you when you register for an account with us, create or are provided with individual user credentials as part of the installation of the App or registration to the Portal (Individual User Credentials). In some instances, Clearooms Limited are the processor of personal data which is uploaded to the App and/or Portal by a company or other third party either to allow an individual to access and use the hot desk booking feature (Hot Desk Booking Services) directly or to use the Hot Desk Booking Services on behalf of such individual.
- Understanding – To assist you further in understanding this Privacy Policy, we have set out in the Schedule a glossary of terms used in this Privacy Policy, examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of your rights.
- DPM – We have appointed a data privacy manager (DPM). If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our DPM in writing, either by:
- Email – privacy@clearooms.com; or
- Post: FAO DPM, Clearooms Limited, Abacus House, Pennine Business Park, Longbow Close, Huddersfield, England, HD2 1GQ
- Complaints – You have the right to make a complaint at any time to the ICO (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.
- Changes to the Privacy Notice – We may change this Privacy Notice from time to time by updating this page. Please check it regularly to ensure you are aware of any changes. This version was lasted updated in October 2020.
- Changes to your personal data – It is important that the personal data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
2. The data we collect about you
We may collect, use, store and transfer the types of personal data about you listed in Part 1 of Schedule 1.
We also collect, use and share aggregated data. However, if we combine aggregated data with your personal data so that it can directly or indirectly identify you, we treat this as your personal data.
We do not collect any special categories of personal data or any information about criminal convictions or offences.
Failure to provide personal data – If we are required by law, or under the terms of a contract we have with you, to collect your personal data and you fail to provide it, we may not be able to enter into or perform the contract with you and, we may have to cancel our service. We will notify you of this at the relevant time.
3. How personal data is collected
We collect personal data in the following ways:
| Direct interactions | You may provide personal data when registering with the App, download the App, create or be provided with Individual User Credentials, log in to our Portal or App, use and/or upload data to the Portal or App as part of a meeting room booking or the Hot Desk Booking Services or when you otherwise correspond with us (by post, phone, email or any other contact method we make available). |
|---|---|
| Automated technology | We automatically collect personal data (technical and usage) when you browse or interact with our app, server logs and other similar technologies. |
| Third parties | We may receive personal data from: (a) analytics providers; (b) advertising networks and (c) our suppliers such as payment providers, and hosting providers (and in each case these third parties may be based outside or inside the EEA) and (d) third parties who reserve a desk on your behalf via the Hot Desk Booking Services. |
4. 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:
- to perform the contract we are to enter into or have entered into with you or the company requesting user login details be set up for you; to comply with a legal obligation; and where it is necessary to carry out our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Part 2 of Schedule 1 sets out the lawful basis we will rely on to process your personal data.
Please 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 information.
Marketing
Generally, you will only receive marketing communications from us:
- (a) if you have requested information from us;
- (b) if you have purchased services from us and have not opted out of receiving our marketing at the time you provided your information or have not subsequently unsubscribed from our marketing list;
- (c) you have provided your consent to receiving marketing and you have not subsequently withdrawn your consent; or
- (d) if we have another basis to send you the marketing communications.
We will not share your personal data with third parties for their marketing purposes.
How to opt-out
You can opt-out of email marketing by clicking the unsubscribe button within the particular marketing email. You can also withdraw your consent to marketing at any time by contacting our DPM.
Even if you opt-out of receiving marketing, we may still use your personal data for other purposes provided we have a lawful basis to do so.
Change of purpose
We will only use your personal data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
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 use your personal data in this manner.
We may process your personal data (without your knowledge or consent) where this is required or permitted by law.
5. Disclosure of your personal data
We may share your personal data with third parties, further details of whom are set out in Part 4 of Schedule 1. 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. They can only process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
Some of our external third parties may be based outside the European Economic Area (EEA), so their processing of your personal data may involve a transfer of data outside the EEA.
Whenever we transfer your personal data to a country out of the EEA, we ensure that 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 or otherwise under applicable law;
- we use specific contracts approved by the European Commission (which give personal data the same protection it has in Europe with our services providers) or otherwise under applicable law.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
We operate appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to personal data is restricted to individuals who have a business need to know it, are under confidentiality obligations and can only process it on our instructions.
We also have procedures in place 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.
8. 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.
We may update our data retention practices from to time and you can request details by contacting us. However, we are legally required to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after the end of the tax year in which they cease being customers, for tax purposes.
We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to you.
9. Your legal rights
You have certain rights in certain circumstances under data protection law. These are set out in full in Part 3 of Schedule 1. If you wish to exercise any of your rights, please contact our DPO.
You will not have to pay a fee to exercise any of your rights. However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee for this information or refuse to comply with your request.
We may request specific information from you to help us confirm your identity when either of you contact us. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
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 either of you have made a number of requests. In this case, we will notify you and keep you updated.
Schedule 1
Part 1 – Types of personal data
| Contact data | Billing address, email address and telephone number. |
|---|---|
| Identity data | First name, last name, username or similar identifier. |
| Financial data | Bank account and payment card details. |
| Marketing and Communication data | Your preference in receiving marketing from us and your communication preferences. |
| Profile data | Your username, password, login credentials (where you have registered for an Individual User Account or where one has been set up on your behalf). |
| Technical data | 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 and other technology on the devices you use to access our App. |
| Transaction data | Details about payments in respect of room and App usage and other details of the subscription package purchased (as applicable). |
Part 2 – Lawful basis for processing and processing activities
The lawful basis upon which we may rely on to process your personal data are:
| Consent | You have given your express consent for us to process your personal data for a specific purpose. |
|---|---|
| Contract | The processing is necessary for us to perform our contractual obligations with you under our contract including any terms of use we have in place with you, or because you have asked us to take specific steps before entering into a contract with you. |
| Legal obligation | The processing is necessary for us to comply with legal or regulatory obligation. |
| Legitimate interests | The processing is necessary for our (or a third party’s) legitimate interest e.g. in order for us to provide our App and Portal services (including the Hot Desk Booking Services and meeting rooms services (where this is chosen) so meeting rooms and/or desks can be booked and calendar invites can be sent to be entered into the relevant diaries) to such third parties. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest. |
Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this.
| Purpose/Activity | Type of data | Lawful basis for processing |
|---|---|---|
| To set up a user account and/or register you as a new user | Identity, contact & profile data | (i) to perform our contract with you;(ii) as necessary for our legitimate interest in providing App services to you and as necessary for our customers’ legitimate interest in receiving our services and to streamline the booking of meeting rooms at their premises. |
| to process and manage payments, fees and charges and debt recovery | identity, contact, financial, transaction and marketing & communications | (i) to perform our contract with you; (ii) as necessary for our legitimate interest in recovering debts due to us. |
| to manage our relationship with you, notifying you about changes to our Terms or Privacy Notice | identity, contact, profile and marketing & communications | (i) to perform our contract with you;(ii) as necessary to comply with a legal obligation;(iii) as necessary for our legitimate interests in keeping our records updated and analysing how customers use our products/services. |
| to enable you to provide us with feedback | identity, contact, profile, usage and marketing & communications | (i) to perform our contract with you;(ii) as necessary for our legitimate interests in analysing how customers use our products/services, to develop them and grow our business. |
| to administer and protect our business and the App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | identity, contact and technical | (i) as necessary for our legitimate interests in 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;(ii) as necessary to comply with any legal obligations. |
| to use data analytics to improve our App, and services, customer relationships and experiences | technical and usage | (i) as necessary for our legitimate interests to define types of customers for our products and services, to keep our App updated and relevant, to develop our business and to inform our marketing strategy. |
| to make suggestions and recommendations to you about our goods or services that may be of interest to you | identity, contact, technical, usage, profile and marketing & communication | (i) as necessary for our legitimate interests to develop our products/services and grow our business;(ii) consent. |
| to maintain a record of the use of our App, Portal and Hot Desk Booking Services for NHS Track and Trace and other regulatory purposes | identity, contact, technical usage | (i) as necessary to comply with our legal obligations. |
| to set up a User Account and create Individual User Credentials | identity, contact and profile | (i) perform our contract with you;(ii) as necessary for our legitimate interest in providing the Portal services to you and as necessary for our customers’ legitimate interest in receiving our services and to streamline the reservation of desks as part of the Hot Desk Booking Services. |
Part 3 – Your legal rights
You have the following legal rights in relation to your personal data:
| access your data | you can ask for access to and a copy of your personal data (as applicable) and can check we are lawfully processing it. |
|---|---|
| correction | you can ask us to correct any incomplete or inaccurate personal data we hold about you. |
| erasure | you can ask us to delete or remove your personal data where: (a) there is no good reason for us continuing to process it;(b) you have successfully exercised your right to object (see below);(c) we may have processed your information unlawfully; or(d) we are required to erase your personal data to comply with local law.We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request. |
| object | you can object to the processing of your personal data where:(a) we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if either of you feel it impacts on your fundamental rights and freedoms;(b) 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 and, in such circumstances, we can continue to process your personal data for such purposes. |
| restrict processing | you can ask us to suspend or restrict the processing of your personal data, if:(a) either of you want us to establish the accuracy of your personal data;(b) our use of your personal data is unlawful, but you do not want us to erase it;(c) you need us to hold your personal data (where 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 personal data, but we need to verify whether we have overriding legitimate grounds to use it. |
| request a transfer | you can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contract with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format. |
| withdraw your consent | you can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent. |
Part 4 – Third parties
| service providers | acting as processors who provide hosting, administration and analytics services (including Amazon Web Services). |
|---|---|
| professional advisors | acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. |
| HM Revenue & Customs, regulators and other authorities | acting as processors or joint controllers who require reporting or processing activities in certain circumstances. |
| third parties | third parties 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 Policy. |
Part 5 Glossary
| aggregated data | information such as statistical or demographic data which may be derived from personal data but which cannot by itself identify a data subject. |
|---|---|
| controller | a body that determines the purposes and means of processing personal data. |
| data subject | an individual living person identified by personal data (which will generally be you). |
| location data | includes your current location disclosed by GPS technology |
| personal data | information identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data. |
| processor | a body that is responsible for processing personal data on behalf of a controller. |
| special categories of personal data | information about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life or sexual orientation. |
| ICO | Information Commissioner’s Office, the UK supervisory authority for data protection issues. |