Privacy Policy

Privacy Policy 

We at Emoticast Limited respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and our App regardless of where you visit it from and tell you about your privacy rights and how the law protects you. 

1. Important information and who we are


Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data. 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. 

Controller

Emoticast Limited is the data controller and responsible for your personal data.  Our registered address is 1 Book Mews, Flitcroft Street, London WC2H 8DJ. We can be contacted at support@emoticast.com, or by telephone at +44 7853 152515

We have appointed a data privacy manager 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 data protection rights please contact the data privacy manager at support@emoticast.com.

Third-party links

Emoticast apps 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 statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. 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. This is known as anonymous data.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together 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, delivery address, email address and telephone numbers.

- Financial Data
includes bank account and payment card details.

- Transaction Data includes details about payments to and from you and other details of 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 this website. 

- Profile Data
includes your username and password, your interests, preferences, feedback and survey responses.  

- Usage Data
includes information about how you use our website, products and services. 

- Marketing and Communications Data
includes your preferences in receiving marketing from us and our third parties and your communication preferences.

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 website feature. 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.

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, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 
- apply for our services;
- create an account on our website;
- subscribe to our service or publications; 
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback. 

- Automated technologies or interactions.
As you interact with our website, 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. 

- Third parties or publicly available sources.
We may receive personal data about you from various third parties and public sources as set out below: 
- Technical Data from the following parties:
(a) analytics providers such as Facebook, based outside the EU; 
(b) advertising networks; and
(c) search information providers such as Google, based outside the EU.

4. How we use your personal data (Our lawful basis) 
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. For example, when we perform our services to 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. Our legitimate interest will include for example, market research purposes, marketing purposes and appropriate controls to ensure our website and App are running effectively. 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 need to comply with a legal or regulatory obligation.

- Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. 


Purposes for which we will use your personal data

We have set out below, 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. 

Promotional offers from us 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.  

You will receive marketing communications from us if you have requested information from us or purchased our services or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Emoticast Limited for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by clicking on the relevant  link on marketing communications or by emailing us at support@emoticast.com.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies policy. https://discover.tune-moji.com/cookiespolicy

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.  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.

Disclosures of your personal data (sharing)

We may have to share your personal data with third parties for the purposes set out in paragraph 4 above
- Other companies in the Emoticast Group acting as joint controllers or processors and who are based in the European Economic Area (EEA) and outside of the EEA and provide IT and system administration services and undertake leadership reporting. 

- Service providers acting as processors based inside or outside the EEA who provide IT and system administration services.

- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based inside or outside the EEA who provide consultancy, banking, legal, insurance and accounting services.

- Tax, regulators and other authorities acting as processors or joint controllers based inside or outside the EEA.

- 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.

6. International transfers

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 transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. 

- We will use Standard Contractual Clauses (SCC) established by the European Commission or its equivalent approved by the European Commission. Please contact us should you require further information on our use of SCC.

- 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 the Europe and the US. If the US provider is not part of the US Privacy Shield programme, we will use Standard Contractual Clauses established by the European Commission. 

7. 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. 

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.

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.

By law we have to keep basic information about our customers including Contact, Identity, Financial and Transaction Data for six years after they cease being customers for tax purposes. In some circumstances you can ask us to delete your data: see “Request erasure” 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 data protection rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You can:

- Request access to your personal data. This is 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 your personal data. 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. For example 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 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 transfer of your personal data (data portability). 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. 

- Right to withdraw consent.
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.

What we need from you 

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. 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 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. 

If you wish to exercise any of the rights set out above, please contact us.  

10. Right to complain 

We want you to be happy with us. Naturally, if you have any concerns we would like the chance to deal any concerns first. Please contact us in the first instance. However, you shall have the right to lodge a complaint with a supervisory authority in your place of habitual residence, place of work or place of the alleged infringement. For the UK the supervisory authority is the Information Commissioner’s Office (ICO). The ICO can be contacted on 0303 123 1113. Alternatively, you can contact them at https://ico.org.uk/concerns/.

Changes to the privacy notice and your duty to inform us of changes

Where we make changes to our privacy notice we shall let you know. 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.

This version was last updated in May 2018. 

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