Application privacy policy

Privacy notice for Focal Point Positioning’s location based tools and products

1st April 2020 - Version 1.0

What is the purpose of this notice?

Focal Point Positioning Limited (the Company) is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

It applies to all users of the Company’s location-based tools and products, including Unicron, Reaper and data collected from Company provided hardware e.g. a LabSat.

We are a “data controller” with respect to your personal data. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former users of the Company’s location-based tools and products. This notice does not form part of any contract of use, notice or other otherwise. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical by posting it on our staff intranet and public website (focalpointpositioning.com/privacy).

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.

What is personal data?

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).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

The kind of information we hold about you

We will collect, store, and use some or all of the following categories of personal information about you:

• Personal contact details such as name, title, organisation, addresses, telephone numbers, and personal email addresses.
• Date of birth.
• Gender.
• Your location information while using the product.
• Telemetry relating to the environmental conditions relating the phone sensors, like light and proximity to other networked devices.
• Wireless networking equipment which is near you while using our products.
• Location data from AR Core or related visual tracking tools (if available).
• Information relating to your mobile telephone carrier.
• Data relating to your usage and interaction with our application, including buttons that you press, data you enter into the application.
• Data about your mobile telephone including your IP address, operating system, mobile telephone type, make and model, IMEI number (a unique number assigned to your telephone at the time of its making) as well as phone operating system IDs which are unique to your phone.

We may also collect, store and use the following more sensitive types of personal information about your health, including any medical condition, health and sickness records, including:

• Heart rate information to the extent that is available from our collection device.

How is your personal information collected?

We collect personal information about product users through the application running on your mobile telephone or any hardware we provide you for running our trials and any information you give us as part of the registration process. We collect additional information from third parties, such as location data, e.g. from Google location services if available.

We will collect additional personal information each time that you use the product.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.

Situations in which we will use your personal information

We need all the categories of information in the list above primarily to allow us to perform our contract with you and to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We set out below our purpose for processing your personal information.

• Improve our geolocational and positional models and algorithms.
• Making decisions about our geolocational and physiological models, to be deployed within our technology.
• To conduct data analytics studies to test, review and better understand the use of our technology so that we can improve it.
• Administering the contract we have entered into with you (if applicable).
• To monitor your use of our application to ensure compliance with our use policies.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

Change of purpose

We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

“Special categories” are particularly sensitive categories of personal information, such as information about your health, racial or ethnic origin, sexual orientation or trade union membership, require higher thresholds of protection. We do not process sensitive personal information.

Automated decision-making

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Data sharing

We share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law.

We may transfer your personal information outside the EU.

We do not currently share your personal information with third parties outside the EU. However if we do, you can expect a similar degree of protection in respect of your personal information. In such event, we will provide you with an updated copy of this notice as soon as reasonably practical by posting it on our staff intranet and public website.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: cloud computing resources for computation and storage e.g. AWS and GCP.

How secure is my information with third-party service providers and other related entities?

Our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share you personal information with prospective customers who are interested in licensing our technology and/or acquiring us or our assets. In that case, we may licence access to such data, but only on the basis that they keep such information secure, use it only for that purpose and destroy it upon our request.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available on request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of supporting our algorithm and models, correcting bugs or other errors discovered from time to time and for proving our technology to third parties including prospective customers. 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.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact privacy@fppnt.com.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact privacy@fppnt.com.