Privacy Notice v 1.0
Date it became effective: February 14th, 2022
This privacy notice details how we collect, use, and process your personal data when you access our website (https://fairmay.com/), web application or mobile application, or use our products and services.
This privacy notice is of general application and forms a framework for the processing of data and may be supplemented by terms enshrined in other specific agreements that we may have with you. If you have any questions about how we protect and use your data or any terms enshrined in this privacy notice appear unclear, you should contact us at firstname.lastname@example.org
1. Who we are
Fairmay Ltd (hereinafter “Fairmay” “we”, “us”, or “our”) is a private limited liability company that is incorporated under the laws of England and Wales, with registration number 13195810, and registered office address located at Spaces Oxford Street, Mappin House, 4 Winsley Street, London, England, W1W 8HF. We operate as a distributor of electronic money via our partner, PayrNet Limited, whose registered office is Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX – an Electronic Money Institution authorised and regulated by the Financial Conduct Authority with register number 900594. We are registered with Information Commissioner’s Office UK (ICO) under number ZB300202.
2. Data that we collect and process
2.1 Information provided to us
You may give us information about you when you sign up to use our products or service, e.g. when you provide us with personal details such as your name, phone number and email address and supply corresponding documents to verify such information. This also includes the information you provide through your use of our products or services. The information you give us may include your name, address, email address, phone number, financial information, payment information, personal identification number, personal identification document, personal description, and other personal information that you may need to provide in order to register with us and use our products or services.
When providing us with the information about any individual other than yourself, you represent and warrant that you have informed them regarding the intended use of such information and that it will be supplied to us.
2.2 Information that we automatically collect
While you use our products or services we may automatically collect certain information about you. This information concerns the details about:
• payments that you initiate and receive, such as details of the payment counterparty including full name, time, amount, currencies used, exchange rate, address and purpose of the payment time;
• interaction and technology such as details on the IP address, geolocation from where you access our products or services, device information that is used to access our products or services, unique device identifier, login information, interaction information such as scrolling, clicks, and mouse-over, page response times, download errors and alike.
2.3 Information received from third parties
We may receive information from third parties with whom we closely cooperate to provide products or services and to be assured that we comply with our legal obligations such as the
prevention of money laundering and terrorist financing. This information includes reports from identity verification, transaction monitoring, and fraud prevention solution providers.
2.4 Sensitive data
In certain instances, we may process what is known as sensitive data, this information includes such data as information about race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), and sexual orientation. We may receive this information when performing identification and verification of you while screening the identification documents supplied to us and on an ongoing basis while we provide our products or services.
2.5 Children’s data
We do not knowingly request to collect personal information from any person under the age of 18. If you are suspected to be younger than 18 years of age, we will not allow you to apply to use our products or services.
Please notify us if you are aware of any individuals under the age of 18 who are using our products or services, so we can take action to prevent access and delete their data.
3. How we protect your personal information
We have put in place appropriate organisational and technological 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 staff members 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.
4. How we use your information
We use your information in instances that require the processing of your information. Such instances include the following:
• to enter into an agreement or carry out our obligations under the agreement concluded with you;
• to notify you about changes to our products or services;
• to comply with any applicable legal and/or regulatory obligations;
• to ensure the safety and security of the products or services;
• to administer products or services and for operational purposes, including data analysis, testing, troubleshooting, research, statistical and survey purposes;
• to improve our products and services;
• to allow you to participate in interactive features of our products or services;
• to provide you with information about other similar products and services we offer.
5. Legal basis for processing
Whenever processing your data we only do so in accordance with an appropriate legal basis. We will not process your data without having legitimate grounds in doing so. The legal bases on which we rely are as follows:
• Consent- it is explicit consent under which you allow us to process your data. We rely on consent when you enter into a promotional survey or subscribe to marketing offers.
• Contractual performance– it is either an existing agreement that is entered between you and us or a future agreement for entering into which we need to process your data. We rely on contractual performance when we process the information that is required to enter into a contractual arrangement with you or when we have entered into a contractual arrangement and processing is required to exercise our rights or fulfil our obligations.
• Compliance with a legal obligation– it is a common law or statutory obligation for compliance with which we need to process your data. The processing of your personal data will be carried out in instances when we need to do so to fulfil our legal obligations such as compliance with anti-money laundering or counter-terrorist financing legislation.
• Legitimate interest- it concerns an interest of our business which relates to a number of purposes where we may have interests in processing your data. We rely on legitimate interest when we process your data to improve our products or services, when we undertake processing of your data to keep our website and web or mobile application secure, when we seek to enhance our internal operational processes, when we seek to provide the relevant products or services to you. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights 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 by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com.
6. Data sharing
We will share your personal information with third parties that enable us to provide products and services to you. This will include third parties who are reasonably required to receive your information in order for us to be able to provide our services or products and comply with our legal obligations. Whenever sharing such information with them we make sure that there are appropriate security measures that will allow us to safeguard your data. The third parties include:
• Fraud monitoring and identity verification service providers;
• Payment service providers and technical and non-technical processors;
• Information technology and cybersecurity service providers;
• Third parties who offer complementary services to our services or products;
• Governmental agencies and regulatory authorities;
• Other organisations that allow us to provide services to you.
We do not have a list of all third parties we share your data with, as this would be dependent on your specific use of our products or services. However, if you would like further information about who we have shared your data with, or to be provided with a list specific to you, you can request this by writing to firstname.lastname@example.org
7. Transfers of data
8. Profiling and automated decision making
Sometimes we will use profiling and automated decision making. It is done in order to ensure that our customers, as a whole, receive exceptional service within the shortest period of time and that we comply with our legal obligations. When we do so, we take all reasonable measures that your data would be secure and employ pseudonymisation where possible.
9. Data Retention
We retain data for no longer than it is necessary and erase the information as soon as it is possible. Generally, we retain information about you for 5 years after the last transaction or end of our relationship with you, whichever occurs last. Furthermore, we retain transaction data of all current clients for a period of 10 years from the time when the transaction took place. These periods are subject to our legal obligations and in certain instances when we are obliged by law we will retain your information for either a shorter or longer period of time.
10. Your rights
Data protection legislation (General Data Protection Regulation and complementary legislation) offers you certain rights related to your data. These rights are not absolute and may be subject to exceptions. Nevertheless, they can be summarised as follows:
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. 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:
• 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.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
vi. 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.
vii. 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.
You will not have to pay a fee to access to exercise any of the abovementioned 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.
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.
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 accordingly and keep you updated.
11. Changes to our privacy notice
From time to time, to follow the changes to the market practices and applicable legislation, we may update this privacy notice. In such a case the updated privacy notice will be published on this page [LINK]. We will inform you of any corresponding changes if so required. Nevertheless, you should visit this page from time to time to check whether any changes have taken place.
13. How to raise concerns
In case you have any questions or would like to raise any concerns regarding our data processing practices or this privacy notice you can always write to us at email@example.com. We will try to respond to you in a timely manner and resolve any queries that you have.
Furthermore, you have the right to make a complaint at any time to the Information Commissioner’s Office, 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.