Installer App Privacy Notice UK & Republic of Ireland

1. Important Information and who we are

1.1 This privacy notice gives you information about how Pod Point collects and uses your personal data through your use of the Installer App, including any data you may provide when you register to use the Installer App.

1.2 Pod Point Limited is the controller and responsible for your personal data (referred to as "we", "us" or "our" in this privacy notice).

1.3 If you have any questions about this privacy notice, including any requests to exercise your legal rights please email dataprivacy@pod-point.com.

2.The types of personal data we collect about you

2.1 Personal data means any information about an individual from which that person can be identified.

2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Contact Data includes email addresses and telephone numbers.
  • ● Identity Data includes first name, last name, username or similar identifier.
  • ● Marketing Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • ● Profile Data includes your username and password.
  • Technical Data includes internet protocol (IP) address, your login data, your device type and version, time zone setting and location, operating system, device ID and other technology on the devices used to access our application.
  • ● Usage Data includes information about how you use the application.

2.3 We also collect, use, and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity.

3. How is your personal data collected

3.1 We use different methods to collect data from and about you including through:

  • ● Your interactions with us. You may give us your personal data, including Contact Data, Identity Data, Marketing Communications Data and Profile Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • ● Create an account for the Installer App.
  • ● Use the Installer App.
  • ● Request marketing to be sent to you.
  • ● Enter any promotion or survey.
  • ● Give us feedback or contact us.
  • ● Automated technologies or interactions. As you interact with our Installer App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We may collect this personal data by using server logs and other similar technologies.

4. Legal basis for how we use your personal data

4.1 The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

  • ● Performance of a contract with you: Where we need to perform the contract we have with you, being the Terms of Use of the Installer App.
  • ● Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure user experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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 to by law).
  • ● Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
  • ● Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to updates.

5. Purposes for which we will use your personal data

5.1 Set out below is a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Use

Type of data

Legal basis

To register you as a new user

(a) Identity

(b) Contact

(a) Provision of the Installer App

(b) Performance of a contract with you.

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy notice

(b) Dealing with your requests, complaints, and queries

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and manage our relationship with you).

To enable you to partake in a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and the Installer App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(a) Necessary for our legitimate interests (for 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)

(b) Necessary to comply with a legal obligation

To deliver relevant Installer App content to you and measure or understand its effectiveness

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our products and services, and user experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of users of our products and services, to keep our Installer App relevant, to develop our business and to inform our marketing strategy)

To send you relevant marketing communications and make personalised suggestions and recommendations to you about products or services that may be of interest to you based on your Profile Data

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to carry out direct marketing, develop our products and services and grow our business)

Consent, having obtained your prior consent to receiving direct marketing communications.

To carry out market research through your voluntary participation in surveys

Necessary for our legitimate interests (to study how customers use our products/services and to help us improve and develop our products and services).

6. Direct Marketing

During the registration process for our Installer App when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us.

We may also analyse your Identity, Contact, Technical, Usage and Profile Data to form a view which of our products, services and offers may be of interest to you so that we can then send you relevant marketing communications.

7. Third-Party marketing

We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.

8. Opting out of marketing

You can ask to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us using dataprivacy@pod-point.com.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes. For example, relating to product and service information, updates to our Terms and Conditions, checking that your contact details are correct.

9. Disclosures of your personal data

We may share your personal data where necessary with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data, above.

  • ● Internal Third Parties.
  • ● External Third Parties.
  • ● 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 notice.

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.

10. International Transfers

Whenever we transfer your personal data out of the UK to countries which have laws that do not provide the same level of data protection as the UK law, we always ensure that a similar degree of protection is afforded to it. For this we use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK, being the International Data Transfer Agreement and the International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers.

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law.

Whenever we transfer your personal data out of the UK to service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place For this we use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK, being the International Data Transfer Agreement and the International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers.

11. 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.

12. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

13. Your legal rights

You have a number of 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 "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 in certain circumstances. 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) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  • ● You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes.
  • ● 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.
  • ● Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of 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.

If you wish to exercise any of the rights above, please email dataprivacy@pod-point.com

14. 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 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 and keep you updated.

15. Contact Details

If you have any questions about this privacy notice or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:

  • ● Email: dataprivacy@podpoint.com
  • ● Post: Pod Point, 6th Floor, 222 Gray's Inn Road, London, WC1X 8HB

16. Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.

17. Changes to the Privacy notice

We keep our privacy notice under regular review. This version was last updated on 2 February 2024.

18. Informing us of changes to your personal data

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, for example a new address or email address.

19. Third-party links

Our app 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 how they handle your data.