FX Blue Privacy Notice, May 2018
Welcome to FX Blue's Privacy Notice.
FX Blue is committed to protecting and respecting your privacy and seeks to comply with all applicable laws.
This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. PURPOSES FOR WHICH WE MAY USE YOUR PERSONAL DATA
5. LAWFUL BASES ON WHICH WE WILL USE YOUR PERSONAL DATA
6. DISCLOSURES OF YOUR PERSONAL DATA
11. STATUS OF THIS PRIVACY NOTICE AND CHANGES
1. Important information and who we are
Purpose of this Privacy Notice
Personal data is data that identifies you or can be used to identify or contact you, such as your name, address, email address and telephone number and any information about you that is directly linked to such personal data ("Personal Data")
The purpose of this Privacy Notice is to outline how FX Blue deals with any Personal Data you provide to FX Blue while visiting the website at www.fxblue.com ("Website") and to tell you about your privacy rights and how the law protects you ("Privacy Notice").
This Privacy Notice aims to give you information on how FX Blue collects and processes your Personal Data through your use of this Website, including any data you may provide through this Website when you register with FX Blue to use the free services, download software, purchase a product or service or take part in a competition.
This Website is not intended for children under the age of 18 and we do not knowingly collect data relating to such children.
It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. Any privacy notices or fair processing notices we may provide in the future will, unless expressly stated otherwise, supplement this Privacy Notice and not override it.
Data Controller
FX Blue is the Data Controller and responsible for your Personal Data. referred to as "we", "us" or "our" in this Privacy Notice. The term “you” or “your” or “user” or “users” refers to the users or viewers of this Website.
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us using our website form or the details set out below.
Contact details
Our full details are:
Full name of legal entity: FX Blue LLP
Email address: dataofficer@fxblue.com
Postal address: 118, Pall Mall, London, SW1Y 5ED, United Kingdom
Telephone number: +44 (0) 207 193 8044
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.
Changes to the Privacy Notice and your duty to inform us of changes
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.
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.
2. The data we collect about you
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, 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 and other details of products and services you have purchased from us.
- 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 and other technology on the devices you use to access this Website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Notice.
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.
If you fail to provide Personal Data
Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to prevent access to or cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your Personal Data collected?
We use different methods to collect data from and about you including:
- when you register and create an account on our Website
- when you give us your Personal Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
- apply for our products or services, including downloading our software and using the services on the Website
- subscribe to our service or publications
- request marketing to be sent to you
- enter a competition, promotion or survey
- give us some feedback
- or your organisation provides or offers to provide services to us
- through cookies and automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, and other similar technologies. FX Blue uses cookies to automatically access your previously stored account information, to deliver more personalised services and to estimate FX Blue's audience size and usage patterns which helps FX Blue to optimise the Website, advertisement placement, and marketing focus. FX Blue may place a pixel on pages on the Website, or those of FX Blue's advertisers and partners. This enables FX Blue to record in its server logs that a specific user id has visited a particular page. Advertising networks that serve ads onto the FX Blue Website may also use cookies. Please note that FX Blue neither controls nor has access to those cookies and these advertisers' uses of cookies are subject to their own privacy policies and not FX Blue's.
You can set your browser to refuse all or some browser cookies, or to alert you when Websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy. - identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU
- If you are a job applicant when you apply for a job and provide Personal Data as part of the pre-application and application process.
4. Purposes for which we may 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 in the following circumstances ("Permitted Purposes"):
- To provide services that you or your organisation has requested or to optimise your experience when using our Website.
- Managing and administering your or your organisation’s relationship with us including processing payments, accounting, auditing, billing and collection and support services; and analysing and improving our services and communications to you.
- If any of our services or products contain advertising from third parties using your Personal Data to help us deliver more relevant content and advertisements to you. In these cases we do not disclose your Personal Data to any advertisers but we may disclose to them anonymised information about you that does not directly or indirectly reveal your identity.
- Where we need to perform a contract we are about to enter into or have entered into with you. Compliance with our legal obligations including record-keeping, compliance screening or recording obligations (e.g. for anti money-laundering, export laws, trade sanction and embargo laws, financial and credit checking, fraud and crime prevention and detection purposes); and complying with legal and regulatory requests from national and international regulatory bodies.
- Protecting the security of our premises, IT and communications systems, Websites and other systems.
- Monitoring and determining compliance with our policies and standards.
- For insurance purposes.
- Compliance with court orders and establishing, exercising and defending legal claims.
- If you are a job applicant, for the purpose of processing your job application that you submit to us, directly or via an agent or recruiter (speculatively or in response to any advertisement).
- For any other purpose connected with any of the above purposes, and for any other purpose for which you have provided your Personal Data.
- If we have provided services to you or you have requested information about our services or products we may from time to time send you business or marketing communications (such as news about new developments) that we think may be of interest to you, unless you have opted out of receiving such communications. You can opt out of receiving such communications at any time by following the opt-out or unsubscribe links on any marketing communication sent to you.
Third-party marketing
We will get your express consent before we share your Personal Data with any other person for marketing purposes. For example, some of our services such as free software may be sponsored by our trusted third-party partners and we may share your Personal data with them but only where we have your prior consent to do so.
Job Applicant
If you are a job applicant, for the purposes of processing your job application that you submit to us, directly or via an agent or recruiter (speculatively or in response to any advertisement).
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.
5. Lawful bases on which we will use your Personal Data
In most cases the lawful basis for which we hold and process your Personal Data is:
- on the basis of our legitimate interests as a business that provides you with services or products or on the basis of the legitimate interests of a third-party recipient of your Personal Data, where such interests are not overridden by your interests or fundamental rights and freedoms which require protection of Personal Data, or
- if processing is necessary for us to perform any contract with you (for example to provide you with a service that you have contracted to receive)
In some cases the lawful basis for which we hold and process your Personal Data will be:
- if you have given your express consent for the processing of your Personal Data, processing that Personal Data for the purpose for which you gave your consent which you can withdraw at any time – see below
- if processing is necessary to comply with our legal obligations (e.g. to keep records for tax or regulatory purposes)
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.
6. Disclosures of your Personal Data
We may have to share your Personal Data with other parties in certain circumstances.
- We share your Personal Data with IT companies and other third party service providers that provide services or support for our Website and other business systems, with our professional advisers where it is reasonably necessary to obtain advice or services relating to the operation of our business; and in these circumstances FX Blue will retain control over and will remain responsible for your Personal Data and will use appropriate safeguards as required by applicable law to ensure the integrity and security of your Personal Data
- We may share your Personal Data with third parties who collect feedback on our services from you and from clients for the purpose of measuring, improving and promoting our services and products.
- We may share your Personal Data with HM Revenue & Customs, regulators and other authorities based in the United Kingdom to the extent required by law.
- We may share your Personal Data with the police and similar bodies, hospitals and doctors, where this is to prevent a crime, or necessary in the event of a medical emergency or when we are required to do so by law.
- We may share your Personal Data with courts, law enforcement authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal claim of for the purposes of a confidential alternative dispute resolution process.
- We may provide your Personal Data to other organisations that provide credit check and money laundering checking services or for other fraud and crime prevention purposes including financial institutions, credit reference agencies and regulatory bodies.
- Some of our services such as free software downloads may be sponsored by our trusted third-party partners and we may share your Personal Data with them but only where we have your prior consent to do so.
- We may share your Personal Data with 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 statement.
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.
7. International transfers
We may transfer your Personal Data to third parties outside the European Economic Area (EEA). Where we do so we will only transfer your Personal Data to third parties outside the EEA if that third party (a) is situated in a country that has been confirmed by the European Commission to provide adequate protection to personal information, or (b) has agreed (by way of written contract) to provide all protections to your Personal Data as required by applicable data protection legislation, or (c) if the transfer is otherwise permitted by law.
We may store your Personal Data on servers operated by third party cloud based service providers such as Amazon Web Services and Google Cloud and others, some of which are located outside the European Economic Area (EEA) so their processing of your Personal Data may involve a transfer of Personal Data outside the EEA.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
8. 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.
9. Data retention
How long will you use my Personal Data for?
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.
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.
In some circumstances you can ask us to delete your data: see "request erasure" below for further information.
In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
10. Your legal rights
Under certain circumstances, you have 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 "data 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. 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) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where 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.
- Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- 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.
- Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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 may 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 may 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
11. Status of this Privacy Notice and Changes
This Privacy Notice was updated in May 2018. It is non-contractual and we reserve the right to amend it from time to time to take account of changes in law, including Britain leaving the European Union and changes in our business practices and Personal Data processing activities. Any updates made to this Notice will appear on our website at www.fxblue.com
Copyright: FX Blue LLP 2018
