PRIVACY AND COOKIES POLICY
Ongosa ("We", “Us”) is committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Policy”) (together with and any other documents referred to therein) sets out the basis on which the personal data collected from you, or that you provide to Us will be processed by Us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
For the purpose of the General Data Protection Regulation (“GDPR”) and any other national laws or regulations in relation to the protection of personal data that come in force from time to time (collectively the “Data Protection Laws”) the Data Controller is Ongosa Limited.
If you are providing personal information about any other person, you confirm that he/she consents to our use of his/her personal data, and if such person is under 16 you confirm that you have received the consent of his/her guardian or parent and provided a copy of this policy to all parties.
YOUR PERSONAL INFORMATION
Information We Collect From You
We collect and process some or all of the following types of information from you in the course of your use of the website or providing our services:
Information that you provide by filling in forms on the Website or using our chat service. This includes information that you provide at the time of registering to use the Website, submitting a search, or requesting further information or services. We may also ask you for information when you report a problem with the Website.
Specifically, personal details such as name, email address, phone number or any information input by when using the Website, completing our enquiry form, registering for an account using our Services. Where you are a professional/service provider (“Professional”) we will collect additional information such as your company name (if applicable)
If you contact Us, We may keep a record of that correspondence.
We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
Where you are a user searching for an instructor (“Buyer”), the provision of your name, email address and phone number is required from you to enable Us to contact you and register you as a user of our services. We may also ask you for your age when you make a booking to ensure that we connect you to the correct Professional.
Where you are a Professional, we will also require your company name (if applicable), bank details, [meeting points, Service information, company information] in order to receive payment from you in relation to any commission due to us in relation to the provision of our services.
We will inform you at the point of collecting information from you, whether you are required to provide the information to Us.
Information We Collect From Other Sources
Where you are a Professional, We will also obtain personal data from publically available sources such as social media websites (Tumblr, Facebook, Instagram). However we will only do this with your consent.
USES MADE OF YOUR INFORMATION
Lawful Basis for Processing
We rely on “performance of a contract” as the lawful basis on which We collect and process your personal data in order to fulfil our contractual obligations when you register to use our services, and/or contact us in relation to the services you have registered to use.
We also rely on “performance of a contract” when sharing your personal data as part of providing our services. Where you are a Buyer, we will share your personal information with relevant Professionals that suit the criteria in your search, and with any payment processor we use when you complete a booking. Where you are a Professional, we will share your personal information with Buyers seeking to book services in order for them to correspond with you.
We rely on your consent to use, collect and share your personal data in relation to any surveys you participate to. Where you are a Professional, we rely on your consent to collect, use and share any personal data we obtain from social media websites in order to populate and promote your profile on our Website.
We rely on “legitimate interest” as the lawful basis on which we collect and process your personal data in order to:
correspond with you to build a potential business relationship, including providing you with materials and information we feel may be of interest to you, and to respond to any enquiries you have made in relation to services we offer.
to provide our services pursuant to an agreement with an organisation that has engaged you.
Purposes of Processing
We use information held about you in the following ways:
To provide you with our services and deliver you with search results or to link you with prospective clients.
To ensure that content on the Website is presented in the most effective manner for you and for the device(s) you use to access and view the Website.
To provide you with information and offers that you request from Us or which We feel may interest you.
To carry out our obligations arising from any contracts entered into between you and Us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
To process any payments you make in relation to the service.
Where you are a Buyer, to send you updated results and reminders for any searches you have submitted but not proceeded to book.
Where you are a Professional and have not yet completed your registration with us, to send you a reminder to complete your registration and to provide you with details of potential Buyers that may require your services.
In addition to the above uses, We may use your information, to notify you about goods or services which may be of interest to you by electronic means (e-mail or SMS). Where you have contacted us and made a general enquiry, we will do so only where we have received your consent. Where you are an existing Buyer and Professional, we will rely on our “legitimate interest” in promoting our services to you.
If you do not want Us to use your data in this way please either (ii) unsubscribe from our electronic communications using the method indicated in the relevant communication; or (iii) inform Us at any time by contacting Us at the contact details set out below.
DISCLOSURE OF YOUR INFORMATION
We routinely disclose your personal data to third parties as follows:
We may pass your information to our third party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf (e.g. to host our servers, develop and maintain our Website and databases, deliver marketing materials, and payment processing).
If you are a Buyer, we will pass your information to Professionals that suit your search criteria. If you are Professional, we will pass your information to Buyers who have submitted a search for services.
We may also disclose your personal data to third parties:
in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; or
if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about our customers will be one of the transferred assets; or
if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements that we enter into with you; or
to protect Our rights, property, or safety or that of our affiliated entities and our users and any third party We interact with to provide the Website; or
in relation to selected third parties only, only to the extent that you have consented to such selected third parties notifying you about certain goods or services, which may be if interest to you.
Other than as set out above, and save insofar as is necessary in order for Us to carry out our obligations arising from any contracts entered into between you and Us, We will not share your data with third parties unless We have procured your express consent to do so.
STORING YOUR PERSONAL DATA
We take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. Where We process payment transactions, these will be encrypted using SSL technology. Where We have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where We are legally required to do so.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
Keeping your Personal Data up to Date
If your personal details change you may update them by accessing your account on the Website, or by contacting Us using the contact details below. If you have any questions about how We use data collected which relates to you, please contact Us by sending a request by email to the contact details below.
We will endeavour to update your personal data within seven (7) working days of any new or updated personal data being provided to Us, in order to ensure that the personal data We hold about you is as accurate and up to date as possible.
How Long We Keep your Personal Data
We will hold the data set out above for a reasonable time having regard to the nature of the personal data and the purpose for which it was collected. In particular:
Where we hold personal data (yours and including any personal data that you have provided of any other person) that you have provided when you register to use our services, we will hold this data for as long as you are a registered user.
Your name, e-mail address, payment details will be stored for at least 6 years after termination of your account with us for auditing purposes in accordance with UK tax requirements.
In connection with the performance of a contract with one of our suppliers, we will hold your data, and in particular any communications between you and us in relation to the negotiation or performance of the contract for so long as that contract is in force and for a period of at least 7 years after;
Where you are a Buyer and have submitted a search, but do not have a registered account with us or have not proceeded to confirm a booking, details related to your search (including any personal data related to other participants for which you have received their consent to provide) will be stored for at least 2 years from the date of the search.
Where We Store your Personal Data
All information We hold about you is stored on our supplier’s secure servers.
The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services.
Such countries do not have the same data protection laws as the United Kingdom and EEA. Whilst the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal data will be subject to a written agreement with the relevant service ensuring an adequate level of protection that we will have reviewed, approved and/or negotiated. If you would like further information please contact Us (see ‘Contact’ below). We will not otherwise transfer your personal data outside of the United Kingdom or EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to: - access to your personal data and to certain other supplementary information that this Policy is already designed to address - require Us to correct any mistakes in your information which We hold - require the erasure of personal data concerning you in certain situations - receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations - object at any time to processing of personal data concerning you for direct marketing - object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you - object in certain other situations to our continued processing of your personal data - otherwise restrict our processing of your personal data in certain circumstances - claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please: - email, call or write to Us. - let Us have enough information to identify you, - let Us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and - let Us know the information to which your request relates.
HOW TO COMPLAIN
We hope that We can resolve any query or concern you raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
We may collect information about your visit to our Website for systems administration purposes. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We may, however, use such information in conjunction with the data We have about you in order to track your usage of our services, and understand how you found our Website.
A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
The cookies We use include:
- “Analytical” cookies. They allow Us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps Us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
- “Strictly necessary” cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
- “Functionality” cookies. These are used to recognise you when you return to our Website. This enables Us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- “Targeting” cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed to our affiliates websites. We will use this information to make our Website, offers e-mailed to you and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.