AppSec Phoenix Ltd
Company Number 12399370 Kemp House 152-160 City Road, London, EC1V 2NX, United Kingdom
1 January 2021
- Important information and who we are
At AppSec Phoenix Ltd (“we”, “us”, or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the United Kingdom General Data Protection Regulation (“GDPR”), the DPA 2018 and all other mandatory laws and regulations of the United Kingdom.
The individuals from which we may gather and use data can include: Customers
Suppliers Business contacts
Third parties connected to your customers
and any other people that the organisation has a relationship with or may need to contact.
- Who is Your Data Controller
AppSec Phoenix Ltd is your Data Controller and is responsible for your Personal Data. We are not obliged by the GDPR to appoint a data protection officer and have not voluntarily appointed one at this time. Therefore, any inquiries about your data should either be sent to us by email at legal @ appsecphoenix.com or sent in a letter to Kemp House 152-160 City Road, London, EC1V 2NX, United Kingdom.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority 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.
- Processing Data on behalf of a Controller and Processors’ responsibility to you
In discharging our responsibilities as a Data Controller we have employees who will deal with your data on our behalf (known as “Processors”). Therefore, the responsibilities described below may be assigned to an individual or may be taken to apply to the organisation as a whole. The Data Controller and our Processors have the following responsibilities:
Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR (see 2.2 below for more information on those bases);
Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data;
Obtain the prior specific or general authorisation of the Controller before engaging another Processor;
Assist the Controller in the fulfilment of the Controller’s obligation to respond to requests for exercising the data subject’s rights;
Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller;
Maintain a record of all categories of processing activities carried out on behalf of a Controller;
Cooperate, on request, with the supervisory authority in the performance of its tasks;
Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller; and
Notify the Controller without undue delay after becoming aware of a Personal Data Breach;
2 LEGAL BASIS FOR DATA COLLECTION
“Personal Data” 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 below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect and when we collect it from you:
- Profile/Identity Data: This is data relating to your first name, last name, gender, date of birth.
- Contact Data: This is data relating to your phone number, addresses, email addresses, phone numbers.
- Marketing and Communications Data: This is your preference in receiving marketing information and other information from us.
- Billing Data: This is information relating to your debit and credit card information such as the name attached to your payment details and your billing address.
- Financial Data: These are your banking details e.g. your account number and sort code.
- Transactional Data: This is information of details and records of all payments you have made for our services or products.
- Technical Data: This is your IP address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to engage with us.
- Customer Support Data: This includes feedback and survey responses.
- Usage Data: information about how you use our website, products and services.
- We also collect, use and share Aggregated Data as We also collect aggregated data and analytics such as Open E-mail and location, location and type of device for marketing purposes
We may also aggregate data to enable research or analysis so that we can better understand and serve you and others. For example, we may conduct research on your demographics and usage. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. We may share this type of anonymous data with others, including service providers, our affiliates, agents and current and prospective business partners.
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.
The Legal Basis for Collecting That Data
There are a number of justifiable reasons under the GDPR that allow the collection and processing of Personal Data. The main avenues we rely on are:
“Consent”: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service.
“Contractual Obligations”: We may require certain information from you in order to fulfil our contractual obligations and provide you with the promised service.
“Legal Compliance”: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
“Legitimate Interest”: We might need to collect certain information from you to be able to meet our legitimate interests – this covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests. Examples could be your address so that we know where to deliver something to, or your name so that we have a record of who to contact moving forwards.
3 HOW WE USE YOUR PERSONAL DATA
We will only use your Personal Data when the law allows us to. Set out below is a table containing the different types of Personal Data we collect and the lawful basis for processing that data. Please refer to section 2.2 for more information on the lawful basis listed in the table below.
|Activity||Type of data||Legal Justification||Lawful basis for processing data|
|Contractual||Profile/Identity Data||Consent Contractual Obligations Legal Compliance Legitimate Interest Necessity||We need to process this data so that we know who and where to charge for the products you have purchased from us|
|Contractual /Legal||Contact Data||Consent Contractual Obligations Legal Compliance Legitimate Interest Necessity||We need to process this data so that we know who and where to charge for the products you have purchased from us|
|Marketing Data||Marketing and Communications Data||Consent Necessity Research||we use this information to provide improved services and more tailored services to our clients|
|Contractual||Billing Data||Consent Contractual Obligations Legal Compliance Legitimate Interest Necessity||We need to process this data so that we know who and where to charge for the products you have purchased from us|
|Contractual /Billing||Financial Data||Consent Contractual Obligations Legal Compliance Legitimate Interest Necessity|
|Core Platform Functionality||Transactional Data||Legitimate Interest Necessity Research||we use this information to provide anonymized insights and improve the product performances|
|Product Improvement||Technical Data||Consent Legitimate Interest Necessity||we use that information to provide anonymized insights as part of the product features|
|Support information||Customer Support Data||Consent Legitimate Interest Necessity||we use this data as part of the improved data collection for the product|
|Product||Usage Data||Consent||we use this information for product|
|information||Legitimate Interest Necessity||improvement and anonymized analysis of the use|
|Product & Necessity||Other Data||Legitimate Interest Necessity Research||we anonymize and collect some of the client data to provide advanced insight and improve the product suggestion and the AI platform algorithm.|
- Marketing and Content Updates
You will receive marketing and new content communications from us if you have created an account and chosen to opt in to receive those communications. From time to time we may make suggestions and recommendations to you about goods or services that may be of interest to you.
- 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.
4 YOUR RIGHTS AND HOW YOU ARE PROTECTED BY US
- What Control Do I Have Over AppSec Phoenix Ltd’s Use Of My Personal Data?
Your account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and by signing off after you have finished accessing your account.
You will need to contact us if you would like to delete your account.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to legal @ appsecphoenix.com .
- How Does AppSec Phoenix Ltd Protect Customers’ Personal Data?
We are concerned with keeping your data secure and protecting it from inappropriate disclosure. We implement a variety of security measures to ensure the security of your Personal Data on our systems, including implementing a minimum level of security in line with our security policies to protect employees and customer data. We implement advanced features as specified in our security policies to ensure customer data is protected. Such measures are but are not limited to, encryption of data, access review, access removal, multi-factor authentication, security assessment and reviews. Any Personal Data collected by us is only accessible by a limited number of employees who have special access rights to such systems and are bound by obligations of confidentiality. If and when we use subcontractors to store your data, we will not relinquish control of your Personal Data or expose it to security risks that would not have arisen had the data remained in our possession. However, unfortunately, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of AppSec Phoenix Ltd to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us.
- Opting Out Of Marketing Promotions
You can ask us to stop sending you marketing messages at any time by Via link in the e-mail, unsubscribing, monitoring the unsubscribe e-mail.
Where you opt-out of receiving these marketing messages, we will continue to retain other Personal Data provided to us as a result of interactions with us not related to your marketing preferences.
- How to Request your Data and the Process for Obtaining it
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.
We may need to request specific information from you to help us confirm your identity and ensure you have the 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.
5 YOUR DATA AND THIRD PARTIES
- Will We Share Your Data With Third Parties?
We may share non-Personal Data with third parties. We may share your Personal Data with subcontractors (only when necessary and with your consent) or affiliates (subject to confidentiality obligations to use it only for the purposes for which we disclose it to them and pursuant to our instructions).
We may also share Personal Data with interested parties in the event that AppSec Phoenix Ltd anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
- Third-Party Links
6 HOW LONG WILL WE RETAIN YOUR DATA FOR?
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
7 INTERNATIONAL TRANSFER OF DATA
Your information may be stored and processed in the US or other countries or jurisdictions outside the US where AppSec Phoenix Ltd has facilities. We are currently storing data in the EU and so, by using AppSec Phoenix Ltd, you are permitting and consenting to the transfer of information, including Personal Data, outside of the US.
8 NOTIFICATION OF CHANGES AND ACCEPTANCE OF POLICY
All uses of the word “including” mean “including but not limited to” and the enumerated examples are not intended to in any way limit the term which they serve to illustrate. Any email addresses set out in this policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored. Unless otherwise required by law, we reserve the right to not respond to emails, even if they relate to a legitimate subject matter for which we have provided an email address. As a matter of common sense, you are more likely to get a reply if your request or
question is polite, reasonable and there is no relatively obvious way to deal with or answer your concern or question (e.g. FAQs, other areas of our website etc.).
Our staff are not authorised to contract on behalf of AppSec Phoenix Ltd, waive rights or make representations (whether contractual or otherwise). If anything contained in an email from AppSec Phoenix Ltd address contradicts anything in this policy, our terms or any official public announcement on our website, or is inconsistent with or amounts to a waiver of any AppSec Phoenix Ltd rights, the email content will be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the AppSec Phoenix Ltd legal department.