SPACE2SITE PRIVACY NOTICE

INTRODUCTION
SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Spelfie).

This is the privacy notice for Spelfie.  Reference to “we”, “us” or “our” in this privacy notice is a reference to Spelfie. 

Spelfie is a wholly owned subsidiary of Space Aye Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Space Aye)).  Spelfie and Space Aye are together referred to as the “Group”.

This privacy notice applies to the following products:

  • the “Space2Site” mobile application software operated by Spelfie (Space2Site App)
  • the website at www.space2site.com operated by Spelfie (Space2Site Website)

(the “Products” and each a “Product”).

This privacy notice will inform you as to how we look after your personal data when you use the Products and tell you about your privacy rights and how the law protects you.

It is important that you read this privacy notice together with the Cookie Policy and the relevant terms and conditions of use for the Products.

 1.  IMPORTANT INFORMATION AND WHO WE ARE  
WHO IS THE DATA CONTROLLER?  
Our primary purpose for using your personal data in respect of the Space2Site App is to provide services to your employer, or the organisation which engages you, or the ultimate client which has contracted with your employer or organisation for the provision of services.  When we use your personal data to allow you to access and use the Space2Site App, we do so on the instructions of such employer, organisation or ultimate client.  This makes us a “data processor” for the purposes of UK GDPR.  However, there may be certain circumstances under which we use your personal data for purposes that are not on behalf of such employer, organisation or ultimate client (for example where we need to use it for our own purposes).  Under those circumstances, we are a “data controller” for the purposes of UK GDPR.

Where you use the Space2Site Website, we use your information for our own purposes.  This makes us a “data controller” for the purposes of UK GDPR.

DATA PROTECTION OFFICER
Spelfie has appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice.  If you have any questions about this privacy notice, including any requests to exercise your rights, please contact the DPO using the details set out below.

PURPOSE OF THIS PRIVACY NOTICE  
This privacy notice aims to give you information on how Spelfie collects and processes your personal data through your use of the Products, including (without limitation) any data you may provide when you set up an account or use a Product.

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.

The Products are not intended for individuals aged under 18 years of age.  If you believe we have personal data about or collected information from a child under 18 years of age then please contact us.


CONTACT DETAILS  
Our full details are:
Full name and corporate details of Spelfie (see above)
Name or title of DPO:  Mr Christopher Newlands
Email address: dataprotection@spaceaye.com
Postal address: 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, 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). You may also be able to your local data protection regulator.  We would, however, appreciate the chance to deal with your concerns before you approach the ICO or you local data protection regulator so please contact us in the first instance.

We have a data protection representative in the European Economic Area (PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG, Vienna, Austria) responsible for EU GDPR which can be contacted at: https://gdpr-rep.eu/q/17948166872. 

YOUR DUTY TO INFORM US OF CHANGES  
It is important that the personal data we hold about you is accurate and current. Please keep Spelfie informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS  
The Products 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 notices or statements. When you leave the Products, you are recommended to read the privacy notice of every website and application you visit.

2.  THE DATA WE COLLECT ABOUT YOU  
We need to use personal data about you in the course of providing services to your employer, organisation or ultimate client and for various ancillary purposes.  We also collect a limited amount of personal data from users of the Space2Site Website which we use to help us improve your experience when using the Space2Site Website.  Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (i.e. anonymous data).

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

  1. Identity Data  includes first name, last name, employment information, photos and personal appearance.
  2. Contact Data includes email address and phone number.
  3. Technical Data includes mobile device ID, internet protocol (IP) address, your login data, browser type and version, time zone setting and geo-location information, browser plug-in types and versions, operating system and platform and other technology information on the devices you use to access the Products.
  4. Profile Data includesyour username and password, your location, preferences, feedback and survey responses. 
  5. Usage Data includes information about how you use the Products.
  6. Space2Site Contact Data: includes first name, last name, email address and phone number (for enquiries made on the Space2Site Website).

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 feature of the Products. 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.

We do not knowingly collect personal information from children under the age of 18.  Our Products are not targeted to or intended for use by children.  In the event that we learn that we have collected personal information from a child without parental consent, we will delete that information as quickly as possible.  If you believe, that we might have any information collected from a child then please contact us.

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 the Products). In this case, we may have to cancel the Products 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 through:

  • Direct interactions. You may give us your Identity Data and Contact Data by filling in forms or by corresponding with us by email or otherwise. This includes personal data you provide when you:
  • request information in respect of our Products;
  • create an account on our Products;
  • have a query or are requesting support in respect of our Products;
  • enter a survey; or
  • give us some feedback.
  • Automated technologies or interactions. As you interact with our Products, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data from the following parties:
  • (a)  analytics providers such as Google based outside and/or inside the United Kingdom (“UK”) and European Union (“EU”); and
  • (b)  search information providers such as Google, Bing, Yahoo, Yandex and Baidu based outside and/or inside the UK and EU.
  • We may also receive information about you from your employer, the organisation engaging you to provide services or the ultimate client who has contracted with your employer/organisation to provide services to them.  Data provided may relate to your employment information such as name, age, job title and location of work. 

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 in the following circumstances:

  1. Allowing you to access and use the Products.
  2. Where we need to perform the contract we are about to enter into or have entered into with you.
  3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  4. Where we need to comply with a legal or regulatory obligation.
  5. Tracking real-time GPS location data (with your knowledge and permission) when using the Space2Site App.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  
We have set out below, in a table format, a description of all the ways we plan to use 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.

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 data. Please Contact us using the details set out above if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register you as a new user and open an account via the Space2Site App (a) Identity Data
(b) Contact Data		(a)   Performance of a contract with you
 
(b)   Necessary for our legitimate interests
To process and deliver your order of the Space2Site App and provide you with support for the Products including updates(a) Identity Data
(b) Contact Data
(c) Technical Data		(a) Performance of a contract with you
(b) Necessary for our legitimate interests
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy notice
(b) Asking you to leave a review or take a survey		(a) Identity Data
(b) Contact Data
(c) Profile Data		(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 to study how our users use the Products)
To enable you to partake in a survey(a) Identity Data
(b) Contact Data
(c) Profile Data
(d) Usage Data		(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how our users use the Products, to develop them and grow our business)
To administer and protect our business and the Products (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)(a) Identity Data
(b) Contact Data
(c) Technical Data		(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 use data analytics to improve the Products, customer relationships and experiences(a) Technical Data
(b) Usage Data		Necessary for our legitimate interests (to define types of users for the Products, to keep the Products updated and relevant, to develop our business and to inform our marketing strategy)
To contact you in respect of your enquiry on the Space2Site Website and, if you (or your organisation) become a client of Spelfie, log you as a client (or client contact) in Spelfie’s CRM system.(a) Space2Site Contact Data(a)   Necessary for our legitimate interests (to grow our business and engage with clients)
(b)   Performance of a contract with you
To use photos taken in the Space2Site App in our promotional and business materials(a) Identity DataNecessary for our legitimate interests (to promote the Space2Site and grow our business)

LOCATION DATA
If you are using the Space2Site then we will collect GPS data from your device. You should look at your device’s settings to configure it.  If you choose not to share your location with us, you will not be able to use the Space2Site App where it needs to know where you are.

THIRD-PARTY MARKETING  
We will not share your personal data with any other company outside the Group for marketing purposes without your consent.

COOKIES  
You can set your browser or device to refuse all or some cookies (or similar technologies), or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly. For more information about the cookies (and similar technologies) we use, please see our Cookie Policy.

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 using the details set out above.

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.  DISCLOSURES OF YOUR PERSONAL DATA  
Space Aye and Spelfie share the same infrastructure and systems.  As such, we process information about you internally within the Group in respect of the Products.  Where we have a single sign on then you may be able to access other products or services within the Group without requiring a separate registration or account.  In order to give you access to such other products or services, Spelfie may share your account details with other entities within the Group.

Your personal data may be accessed by other persons (depending on their access level) within your employer, or the organisation which engages you or the ultimate client which has contracted with your employer or organisation for the provision of services.

We may also have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  1. External Third Parties as set out in paragraph 10 below (Glossary).
  2. 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.

6.  INTERNATIONAL TRANSFERS  
Given the global nature of our business, we may need to process your personal information in a country outside of the UK and/or European Economic Area when this is necessary to provide you with the Products or fulfill a contract with you.  When doing so we shall ensure that appropriate safeguards are in place to protect your information and your rights under privacy law.

7.  DATA SECURITY  
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 under “Your Legal Rights” 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.

8.  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 under “Your Legal Rights” 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.

9.  YOUR LEGAL RIGHTS  
Under certain circumstances, you have rights under data protection laws in relation to your personal data. 

  1. Request access to your personal data.
  2. Request correction of your personal data.
  3. Request erasure of your personal data.
  4. Object to processing of your personal data.
  5. Request restriction of processing your personal data.
  6. Request transfer of your personal data.
  7. Right to withdraw consent.

Further details in respect of these rights are set out below under “Your Legal Rights”.  If you wish to exercise any of the rights set out above, please Contact us using the details set out above.
If you are a data subject within the EU who wish to exercise their data subject rights under EU GDPR then
we provide you with an easy way to submit your privacy related request (i.e. a request to access or erase your personal data). If you want to make use of your EU data subject rights, please visit our public privacy landing page: https://gdpr-rep.eu/q/17948166872.

NO FEE USUALLY REQUIRED  
You will not usually 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.

10.  GLOSSARY  
LAWFUL BASIS  
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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 to 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 using the details set out above.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES  

EXTERNAL THIRD PARTIES  

  1. Service providers acting as processors who provide data center, system administration services, IT services, hosting communications, and IT systems maintenance (including, without limitation, Microsoft Azure, Mailchimp, Vimeo, Google Analytics, Zendesk and Mandrill). 
  2. Professional advisers acting as processors or joint controllers or controllers in common including lawyers, bankers, auditors and insurers based the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  1. HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers or controllers in common based in the United Kingdom who require reporting of processing activities in certain circumstances.
  2. Law enforcement agencies (if they ask for it).
  3. Sale or merger.  We may disclose your information to third parties in the event that we sell, buy, merge or are acquired by a third party, or we sell some or all of our business assets to a third party.


YOUR LEGAL RIGHTS  
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

CHANGES TO THIS POLICY
We will post updates to our privacy notice on our websites.  If we change this privacy notice in a manner that materially affects your privacy rights, we will provide additional notice to you.

Last updated: April 2023