Data Privacy Notice

Last updated: 24th May 2018.

WAVE MOBILE LTD (registered number 04780898, address 22 Eden Street KT1 1EP).

Data Protection Lead can be contacted at dpl@wavemobile.com.

We have produced this privacy notice in order to keep you informed of how we handle your personal data.

All handling of your personal data is done in compliance with the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation”).

The terms “Personal Data”, “Special Categories of Personal Data”, “Personal Data Breach”, “Data Protection Officer”, “Data Controller”, “Data Processor”, “Data Subject” and “process” (in the context of usage of Personal Data) shall have the meanings given to them in the Data Protection Legislation.

“Data Protection Lead” is the title given to the member of staff leading our data protection compliance programme in lieu of a requirement for a Data Protection Officer.

What are your rights?

When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:

  • The right to be informed of how your Personal Data is used (through this notice);
  • The right to access any personal data held about you;
  • The right to rectify any inaccurate or incomplete personal data held about you;
  • The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy;
  • The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
  • The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.

You can exercise your right to access personal data held about you by emailing dpl@wavemobile.com with the subject line: “Subject Access Request”. When you submit a ‘subject access request’, you will need to provide confirmation of your identity by including your phone number for us to contact you to confirm your identity. This is provided free of charge and our response will be made within thirty (30) days unless our Data Protection Lead deems your request as being excessive or unfounded. If this is the case, we will inform you of our reasonable administration costs in advance and/or any associated delays, giving you the opportunity to choose whether you would like to pursue your request. If you believe we have made a mistake in evaluating your request, please see the section ‘Who can you complain to?’.

If you have questions about any of the rights mentioned in this section, please contact our Data Protection Lead at dpl@wavemobile.com.

Who is the Data Controller?

If we have collected your personal data directly from you for our own purposes, we are the Data Controller.

If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to us, WAVE MOBILE LTD, at the time they collected your data and within their own privacy notices/standards. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.

What are the lawful bases for processing personal data?

Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:

  1. ‘your consent’;
  2. 'performance of a contract';
  3. 'compliance with a legal obligation';
  4. 'protection of your, or another’s vital interests';
  5. ‘public interest/official authority’; and
  6. 'our legitimate interests'.

What are WAVE MOBILE LTD’s ‘legitimate interests’?

Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You can object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact dpl@wavemobile.com.

About our processing of your data

We might collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

  • Identity Data such as names, usernames or similar.
  • Contact Data such as addresses; email addresses and telephone numbers.
  • Financial Data such as bank account and payment card information.
  • Transaction Data such as information about payments and details of purchases you have made.
  • Technical Data such as IP addresses; login data; browser info; time zone; location; browser plug-ins; operating systems; platforms and other technology on the device used to access this website.
  • Profile Data such as usernames; passwords; security answers; purchases/orders; interests; preferences; feedback and responses to surveys, blogs and messages.
  • Usage Data such as analytics relating to how you use the website.
  • Marketing and Communications Data such as your preferences about receiving communications from us or third parties.

Reference

Reference What categories of information about you do we process? Why are we processing your data? Where did we get your personal data from?
B2B Services
  • Identity Data
  • Contact Data
  • Transaction Data
  • Technical Data
  • Usage Data

We process the personal data of our business customers employees in order to communicate with the customer and perform the administration required to offer services. This processing is conducted lawfully on the basis of 'performance of a contract'.

Directly obtained

Consumer Services
  • Identity Data
  • Contact Data
  • Transaction Data
  • Technical Data
  • Usage Data

We process the personal data of our consumer customers in order to communicate with the customer and perform the administration required to offer services. This processing is conducted lawfully on the basis of 'performance of a contract'.

Directly obtained.

Legal
  • Identity Data
  • Contact Data
  • Usage Data

We have a legal obligation to verify and record the owners of phone numbers. This processing is conducted lawfully on the basis of 'compliance with a legal obligation'.

Directly obtained.

Customer Enquiries
  • Identity Data
  • Contact Data
  • Any unsolicited data you submit to us.

We use contact information provided to respond to queries received by phone, email and through our website. This processing is conducted lawfully on the basis of 'our legitimate interests'.

Directly obtained.

What happens if I refuse to give WAVE MOBILE LTD my personal data?

If your personal data is used for any of our services (and subsequently processed under 'Legal'), your personal information has been collected as part of a statutory obligation arising under statutory regulations relating to mobile communications. Failure to process your data could result in us being unable to fulfil the provision of services. The information about you that we have collected for the performance of our contracts is required for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the services we offer. If we are already processing your personal information under a contract, you must end our contractual relationship (as/where permitted) to exercise some of your rights.

The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the good and services we offer.

What profiling or automated decision making does WAVE MOBILE LTD perform?

WAVE MOBILE LTD does not perform any profiling or automated decision making based on your personal data.

How long will your personal data be kept?

WAVE MOBILE LTD holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold and the length of time for which it is held.

  • If we process your data because of ‘legitimate interests’, we will retain your data for as long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
  • All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of six years, as determined by reference to the Limitations Act 1980, for the purposes of exercising or defending legal claims.
  • Data held in compliance with a legal obligation will be kept for as long as that obligation dictates.

Who else will receive your personal data?

WAVE MOBILE LTD passes your data to the third parties listed in the section ‘Third Party Interests’ below.

Does your data leave the EU?

Yes. Details are included in the section ‘Third Party Interests’ below.

Third Party Interests

Data Controllers

Name or Category of Third Party Controller What processing are we performing for them? If applicable - who is their representative within the EU?
Roaming Partners We process certain information on behalf of other networks in order to provide service in areas otherwise devoid of service. N/A

Our Data Processors

Name or Category of Third Party Processor Purposes for carrying out processing If applicable – where does data leaving the EEA go and what safeguards are in place?
Internal technology providers
  • Communications Telephony providers (not including network infrastructure providers).
  • Office software providers, such as email clients.
  • IT Support services, who might require access to our systems (with our strict supervision) in order to remedy faults with our technology.
In the interests of providing a quality service, we use providers located in the United States. These providers are either Privacy Shield certified or bound by the contractual provisions of the EU Commissions model clauses.

Who can you complain to?

In addition to sending us your complaints directly to dpl@wavemobile.com, you can send complaints to our supervisory authority. As WAVE MOBILE LTD predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https://ico.org.uk/concerns/.