About Smile out of a Box
The data we collect about you
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. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender
- Contact Data includes billing address, email address and telephone numbers
- Financial Data includes bank account details and details about your payments
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our websites
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
- Usage Data includes information about how you use our websites, products and services
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data is not considered personal data because it 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 website feature. If we combine Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contractwe 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 products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you, including:
Direct interactions. You may give us your personal information by filling in forms or by corresponding with us by post, phone (we may record or monitor phone calls to make sure we are keeping to legal rules, codes of practice and internal policies, and for quality assurance purposes), email or otherwise. This includes personal data:
You provide when you:
- Apply for our products or services
- Create an account on our websites
- Subscribe to our service or publications
- Request marketing to be sent to you
- Enter a competition, promotion or survey
- Give us some feedback or comments on the services we provide. Provided by a family member, or someone else acting on your behalf
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:
- Where we need to perform the contract, we are about to enter into, or have entered into with you
- 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
- 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.
- Where we have a legal or regulatory obligation to use your personal information, for example, when our regulators, Authority for the Financial Markets (AFM), De Nederlandsche Bank (DNB), the Prudential Regulatory Authority, (PRA), or The General Data Protection Regulation (GDPR) ask us to maintain certain records of any dealings with you
- Where we need to use your personal information to establish, exercise or defend our legal rights, for example when we are faced with any legal claims, or where we want to make any claims ourselves
- Where we need to use your personal information for reasons of substantial public interest, such as investigating fraudulent claims and carrying out fraud, credit and anti-money laundering checks
- Where we have a specific legal exemption to process sensitive personal data for insurance purposes. This exemption applies where we need to process your health data
- Where we have an appropriate legitimate business need to use your personal information such as maintaining our business records, developing and improving our products and services, all whilst ensuring that this business need does not interfere with your rights and freedoms and does not cause you any harm
- Where we need to use your sensitive personal information such as health data because it is necessary for your vital interests, an example would be a life or death matter.
Purposes for which we will use your personal data
Below you can find a description of all ways intended to use personal data, and which of the legal bases we rely on to do so. Please 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. Purpose/Activity
- To register you as a new customer.
- Performance of a contract with you.
- To enter a financial agreement.
- To manage our relationship with you.
- To enable you to partake in a prize draw, competition or complete a survey
- To administer and protect our business and this website. (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
- To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
- To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
- To make marketing suggestions and recommendations to you about goods or services that may be of interest to you.
- Necessary for our legitimate interests (to develop our products/services and grow our business)
You can ask us to stop sending you marketing messages at any time by contacting us at firstname.lastname@example.org
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us because of a product purchase, product experience or other transactions.
Automated decision-making and profiling
Automated individual decision making is a decision made by automated means without any human involvement. Automated individual decision-making does not have to involve profiling (automated processing of your information to help us evaluate certain things about you), although it often will do. Sometimes we may use automation and profiling to evaluate information about you, which will enable us to:
- Determine whether an application for a product is accepted by us
- Understand claiming behaviors and patterns
- Tailor our marketing material to your needs
- Tailor our pricing, products and services to provide you with a more efficient, consistent and fair customer experience
- Identify and investigate fraudulent activity
- We carry out a data protection impact assessment (DPIA) to consider and address the risks before we start any new automated decision-making or profiling
- We tell our customers about the profiling and automated decision-making we carry out, what information we use to create the profiles and where we get this information from
By law, we must tell you about automated decision-making and profiling. This is because you have rights in relation to automated decision-making and profiling. If you want to know more about this, please contact us at email@example.com
Disclosures of your personal data
We may have to share your personal data with the parties set out below for those purposes set out in table ‘Purposes for which we will use your personal data’:
Internal Third Parties
Other companies within Smile out of a Box acting as joint controllers or processors and who provide IT and system administration services and undertake leadership reporting.
External Third Parties
- Service providers acting as processors who provide IT and system administration services
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances
- Fraud detection agencies and other third parties who operate and maintain fraud detection registers
- The Authority for the Financial Markets (AFM), and regulatory authorities.
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.
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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.
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.
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 unauthorized 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.
Your legal rights
Under certain circumstances, you have 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 “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 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 freedom
- 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
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org
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 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 several requests. In this case, we will notify you and keep you updated.
Data protection contacts
You have a right to make a complaint at any time to your local privacy supervisory authority.
However, we would appreciate the chance to address your concerns before you approach local privacy supervisory authority, so please contact us in the first instance.