Introduction
This policy is applicable to WingX Advance GmbH, a company registered in Germany with company number HRB108335, whose registered office is situated at Kiebitzhof 6, Building G, D – 22089 Hamburg, Germany (WingX) and each company within WingX’s group of companies (the WingX Group).
This privacy policy will inform you as to how we look after your personal data when we collect it and tell you about your privacy rights and how the law protects you.
1. Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how WingX collects and processes your personal data. It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
This privacy policy is issued on behalf of WingX and the WingX Group so when we mention “WingX”, “we”, “us” or “our” in this privacy policy, we are referring to WingX or the relevant company in the WingX Group responsible for processing your data.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Christoph Kohler
Email address: christoph.kohler@wingx-advance.com
Postal address: Lilienstrasse 11, 20095 Hamburg, Germany
Telephone number: +49 40 32 84 69 78
You have the right to make a complaint at any time to the Hamburg Commissioner for Data Protection and Freedom of Information (HCDPFI). We would, however, appreciate the chance to deal with your concerns before you approach the HCDPFI so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on June 30th 2019. Historic versions can be obtained by contacting us.
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.
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 (anonymous data).
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, gender and pre-recruitment checks.
• Contact Data includes email and postal address and telephone numbers.
• Financial Data includes bank account details.
• Transaction Data includes details about payments made between you and WingX.
• 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 website.
• Profile Data includes your security information (username and password) that you may set with us in relation to your use of our website or other technology platforms operated by us.
• Usage Data includes information about how you use our website.
• 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 could be derived from your personal data but is not considered personal data in law as this data will 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 policy.
Certain types of personal data are considered more sensitive and so are subject to additional levels of protection under data protection legislation. These are known as ‘special categories of data’ and include data concerning your health, racial or ethnic origin, genetic data and sexual orientation. Data relating to criminal convictions or offences is also subject to additional levels of protection.
We may collect data about your health in the context of your employment or engagement by WingX, as well as any criminal convictions or offences that you disclose to us. If we collect this data, we will keep this data securely and in accordance with legal obligations and will not disclose this data to any third party without your consent, unless obliged to do so by law.
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 goods or services). In this case, we may have to cancel a service 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, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise, whether in the course of purchasing our services or otherwise. This includes personal data you provide when you create an account with us, request marketing from us, or submit HR information to us (such as providing CVs etc). We will also record our employees entry into and exit from our offices and may use CCTV for this purpose and will from time to time collect contact details of business associates on business cards provided to us.
• Regulatory interactions. You may provide us with detailed Identity Data in the course of our completing KYC exercises required to be completed for us to comply with anti – money laundering legislation, or otherwise in connection with your use of our website or our services, or becoming a client of ours. We may also be required to collect personal data from you in the context of undertaking confirmation of your status for the purposes of regulatory compliance, or while carrying out fitness and properness checks.
• Automated technologies or interactions. As you interact with our website or our services, 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. Please see our cookie policy for further details.
• Third parties or publicly available sources. We will 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;
(b) advertising networks; and
(c) search information providers.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services. • Identity and Contact Data from data brokers or aggregators.
• Identity and Contact Data from publicly available sources.
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:
• Where we need to perform the contract we are about to enter into or have entered into with you. This means our 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.
• 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. In these circumstances, legitimate interests 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 need to comply with a legal obligation. This means WingX’s processing of your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before 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 use your personal data
The table below provides you with details of how we will use your personal information and which of the legal bases we rely on to do so.
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 personal data.
Purpose/Activity
Lawful basis for processing including basis of legitimate interest
To correspond with you regarding our provision of services to you or the organisation you represent.
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (the proper provision of our services).
To undertake ‘Know Your Client’ and other due diligence activities for the purposes of complying with our fraud, anti-money laundering, and other regulatory obligations.
(a) Legal obligation
(b) Necessary for our legitimate Interests (to ensure we are able to carry on our business in compliance with applicable law).
To manage and administrate your engagement or employment by us, including:
(a) managing and maintaining usual employee / consultant data and HR records; and
(b) arranging for salary and other payments to be made to you.
(c) Performance of a contract with you
(d) Necessary for our legitimate interests (in respect of our management of our HR obligations).
To manage our relationship with you which will include:
(a) corresponding with you as a client of or a service provider to the businesses undertaken by WingX;
(b) notifying you about changes to our terms or privacy policy; and
(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 clients use our services)
(c) asking you to leave a review or take a survey.If you are a prospective client and have enquired about our services, we will use your information to allow us to satisfy your enquiry.
Necessary for our legitimate interests (the operation of our business).
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of 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 deliver relevant website content and advertisements to you.
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences. Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
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.
5. Disclosures of your personal data
Where necessary for the provision of our services, or as required by regulations we are subject to, we may share or disclose your information with third parties as follows:
• to businesses that are legally within the WingX Group, or that become part of that group of companies;
• to our IT providers, back office services providers, third party software providers to provide and maintain the provision of the services;
• to our appointed auditors, accountants, lawyers and other professional advisers, to the extent that they require access to the information to advise us;
• to your professional advisers where you have provided your authority for us to share information with them;
• if required to do so, to any relevant regulatory authority where they are entitled to require disclosure; and
• to national and foreign government tax authorities, as we are required from time to time.
We may also disclose your personal data to 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 policy.
We will only share your personal data with third parties in the course of our utilising it for the purposes that we have collected it. If we wish to disclose your personal data to a third party for a purpose that does not correspond with the purpose for which you have collected the applicable data, we will notify you first and explain the legal basis for our disclosure of your data.
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
We occasionally may need to share your personal data within the WINGX Group. This may involve transferring your data outside the European Economic Area (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; or
• 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.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
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 reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see paragraph 9 (Your legal rights) below for further information.
In some circumstances we will 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
The law guarantees your rights in relation to your personal information. We have set out details of your rights below under individual headings.
• Access to information: You always have the right to ask whether or not we hold information about you. And if we do, what the information is, why we’re holding it and the ways it’s being used. You’re also entitled to a copy of the information.
• Rectification of information: We always want the information we hold to be up to date and accurate. If any of the information we hold is either incorrect or out of date then please tell us and we’ll fix it.
• Erasure of information: You have the right to ask us to erase or delete information where you consider there is no longer any justification for us holding it, either because:
– the information is no longer needed for the reason we collected it;
– we held and used the information based only on your consent, which you have now withdrawn; – you have previously objected to a way in which we use information;
– we have been using the information unlawfully; or
– there is a legal obligation on us to erase the information.
We may not always be able to comply with your request, for example where we need to keep using your personal data in order to comply with our legal obligation or where we need to use your personal data to establish, exercise or defend legal claims.
• Objecting to us using your information: You can object to any use of your personal data which we have justified on the basis of our legitimate interest, if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information. If you raise an objection, we may continue to use the personal data if we can demonstrate that we have compelling legitimate interests to use the information.
• Restricting some uses of information: In certain circumstances you have a right to limit the use of information by us. This may arise where:
– you have challenged the accuracy of the information we hold and we are verifying this;
– you have objected to a use of information and we are considering whether your objection is valid; or
– we have been using your information unlawfully but you want us to continue to hold the information rather than erase it.
• To request a transfer of personal data: You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller (eg another company providing similar services). You may only exercise this right where we use your personal data in order to perform a contract with you, or where we asked for your consent to use your personal data. This right does not apply to any personal data which we hold or process outside automated means.
• To object to decisions based on automatic decision making: If we made a decision about you based solely by automated means (ie with no human intervention), and the decision made by us produces a legal effect concerning you, or significantly affects you, you may have the right to object to that decision, express your point of view and ask for a human review. These rights do not apply where we are authorised by law to make such decisions and have adopted.
• To 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 services to you. We will advise you if this is the case at the time you withdraw your consent.
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 could 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 could 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.