Brillband Privacy Policy

1. Introduction
   1. This Privacy & Cookie Policy details how we, Brillband Limited, company number SC660902, registered office 272 Bath House, Glasgow, Scotland, G2 4JR collect, use and process personal data provided to us. This Privacy & Cookie Policy affects your legal rights and obligations so please read it carefully. It applies to personal data you provide to us whether you are a Driver, Passenger or other user of our mobile app. If you do not agree to be bound by this Privacy & Cookie Policy, do not use our website or app and do not provide us with any personal data.
   2. We reserve the right to update this Privacy & Cookie Policy from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing this Privacy & Cookie Policy so that you are aware of any changes to it.
   3. We are the controller of your personal data for the purposes of applicable data protection legislation. By personal data we mean identifiable information about you, such as your name, email address, gender, mobile and home telephone number and your IP address.
2. Collecting Your Data
   1. From time to time you may provide to us personal data in order that we can provide services to you, or that you can provide services to us or for any other reason. You may provide personal data to us directly, or through our social media platforms or by completing the submission form on our website. We shall process all such personal data in accordance with this Privacy & Cookie Policy. Certain personal data is mandatory to be provided to us in order that we can provide services to you and we shall make this clear to you at the point of collection of the personal data.
   2. All personal data that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal data. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this. You must not register under someone else’s name.
   3. When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you.
   4. We may also receive personal data about you from third parties, such as from payment providers.
3. Data we automatically collect
   1. When you use our website, we, or third parties on our behalf, automatically collect and store information about your device and your activities. This information could include (a) your device’s unique ID number; (b) technical information about your device such as type of device, web browser or operating system; (c) your preferences and settings such as time zone and language; and (d) statistical data about your browsing actions and patterns. We collect this information using cookies in accordance with the Cookie section of this Privacy & Cookie Policy and we use the information we collect on an anonymous basis to improve our website and services, and for analytical and research purposes.
4. Lawful Use of your personal data
   1. We will only use your personal data where we have a lawful basis to do so. The lawful purposes that we rely on under this Privacy & Cookie Policy are: consent (where you choose to provide it), performance of our contract with you; compliance with legal requirements; and legitimate interests. When we refer to legitimate interests we mean our legitimate business interests in the normal running of our business which do not materially impact your rights, freedom or interests.
   2. The main reason that we use your personal data is to provide services to you under the contract that we have entered into with you.
   3. We may also use your personal data for our legitimate interests, including dealing with any customer services you require, enforcing our contract, for regulatory and legal purposes (for example anti-money laundering and fraud prevention purposes), for audit purposes and to contact you about changes to this Privacy & Cookie Policy.
5. Who do we share your data with?
   1. For our legitimate interests, we may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, marketing agencies, IT service providers, accountants, auditors and lawyers. We shall provide our service providers, sub-contractors and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we shall request that they delete your personal data or make it anonymous within their systems.
   2. In order to comply with our legal obligations, under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations or in response to a court order including to protect a third party’s rights, property, or safety.
   3. For our legitimate interests, we may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
6. Marketing
   1. From time to time you may be offered the opportunity to consent to receive marketing emails from us. We record your consent. You can choose to no longer receive marketing emails from us by contacting us at community@brillband.com or by clicking unsubscribe from a marketing email. If you do unsubscribe to marketing communications, it may take up to 5 business days for your new preferences to take effect.
   2. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.
7. Where we hold and process your personal data
   1. Some or all of your personal data may be stored or transferred outside of the European Economic Area (the EEA) for any reason, including for example, if our email server is located in a country outside the EEA or if any of our service providers are based outside of the EEA
   2. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for personal data (like New Zealand), or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).
8. Cookies and Device IDs
   1. A cookie is a small text file containing a unique identification number that is transferred (through your browser) from our app to your device. The cookie identifies your browser but will not let us know any personal data about you, such as your name and/or address. These files are then used by our app to identify when users return.
   2. Most browsers are initially set up to accept cookies. You can change your browser settings either to notify you when you have received a cookie, or to refuse to accept cookies. Please note that our site may not operate efficiently if you refuse to accept cookies.
   3. We use and store your mobile device IDs, which is the unique identifier assigned to a device by the manufacturer, to recognise you. Device IDs cannot be deleted.
   4. We also use third party cookies such Google Analytics to monitor how our site is used. These cookies collect information anonymously and generate reports detailing information such as the number of visits to the system, where visitors generally came from, how long they stayed on the system, and which pages they visited. They place several persistent cookies on your device. These do not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent these third party cookies from logging your visits.
   5. We also use social media buttons and/or plugins on the site that allow you to connect with your social network in various ways. For these to work the relevant social media sites will set cookies which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
9. Security
   1. We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers.
   2. Where we have given, or you have chosen a password, you are responsible for keeping this password confidential.
   3. However, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.
10. Your rights
    1. You have a number of rights under applicable data protection legislation. Some of these rights are complex, and not all of the details have been included below. Further information can be found hereRight of access: You have the right to obtain from us a copy of the personal data that we hold for you.
       Right to rectification: You can require us to correct errors in the personal data that we process for you if it is inaccurate, incomplete or out of date.
       Right to portability: You can request that we transfer your personal data to another provider.
       Right to restriction of processing: In certain circumstances, you have the right to require that we restrict the processing of your personal information.
       Right to be forgotten: You also have the right at any time to require that we delete the personal data that we hold for you, where it is no longer necessary for us to hold it. However, whilst we respect your right to be forgotten, we may still retain your personal data in accordance with applicable laws.
       Right to stop receiving marketing information: You can ask us to stop sending you information about our services, but please note we shall continue to contact you in relation to any matters relating to your account.
    2. Please note, we reserve the right to charge an administrative fee if your request in relation to your rights is manifestly unfounded or excessive.
    3. If you have any complaints in relation to this Privacy & Cookies Policy or otherwise in relation to our processing of your personal data, please tell us. We shall review and investigate your complaint and try to get back to you within a reasonable time. You can also contact the Information Commissioner, see www.ico.org.uk or if you are based outside of the United Kingdom, please contact your local regulatory authority
    4. Our website contains links to third party websites. We have no control over how they process your personal data. You should review their privacy policy before providing any personal data.
11. Retention of personal data
    1. We retain your personal data in accordance with applicable laws. Therefore, if you are our client, we shall retain your personal data until all of our contractual commitment to one another are complete, except where we are required to retain your personal data for longer to comply with accounting and taxation requirements. If you receive marketing communications from us, we shall retain your personal data until you opt out of receiving such communications.
    2. If you have otherwise contacted us with a question or comment, we shall retain your personal data for 6 months following such contact to respond to any further queries you might have.
12. General
    1. If any provision of this Privacy & Cookie Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
    2. This Privacy & Cookie Policy shall be governed by and construed in accordance with the law of England and Wales, and you agree to submit to the exclusive jurisdiction of the English Courts.