Privacy policy

We are committed to protecting your personal data and respecting your privacy.

1. Who are we?

F.D.N Holding Limited is the data controller and is responsible for your personal data (referred to as "Nextlayer", "we", "us" or "our" in this policy). We are a limited liability company registered at Companies House in England under registration number 11098463. We are registered with the Information Commissioner's Office ("ICO") with registration number is ZA540417.

If you want to contact us, you can do so by email hello@mynextlayer.com or by post to F.D.N Holding Limited, Unit 1, 1 Back Hill London EC1R 5EN, United Kingdom.

2. What does this policy cover?

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Our App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

This policy (together with any end-user licence agreement ("EULA") and any additional terms of use incorporated by reference into the EULA, together our "Terms of Use") applies to your use of:

• Sparks mobile application software ("App") and our website www.sparksapp.io ("Site"), (together, our "Platform"), once you have downloaded a copy of the App onto your mobile telephone or handheld device ("Device").

• Any of the services accessible through the App or Site ("Services").

3. What about changes to this policy or your data?

We keep our privacy policy under regular review. This version was last updated on 8 June 2020. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next open the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Platform or the Services.

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 our relationship with you.

4. What data do we collect about you?

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Contact Data: first name, last name, maiden name, username or similar identifier, password, title, date of birth, gender, address, email address and telephone numbers.

• Usage Data: includes details of your use of any of our Apps or your visits to any of our Site, your interests, preferences, feedback and survey responses.

• User Notes: includes information you add to the App and/or a podcast i.e. what we call your sparks, such as written notes and audio notes.

• Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.

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

• Location Data: includes your current location disclosed by GPS technology, WIFI network data and IP address data.

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 App 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.

5. What data do we not want to collect?

We do not intentionally collect and so please do not send or share with us the following types of information:

• Financial data: bank account, payment card details, financial account information.

• Children's data: personal data collected from anyone under the age of 13.

• Special Categories of Personal Data: this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

• Criminal offence data: information about your criminal convictions and offences.

6. How do we collect your personal data?

We will collect and process the following data about you:

• Information you give us. This is information (including Contact Data, User Notes and Marketing and Communications Data) you give us about you by filling in forms or inputting data on the Platform, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the Platform, download or register an App, subscribe to any of our Services, provide feedback, and when you report a problem with our Platform or Services. If you contact us, we will keep a record of that correspondence.

• Information we collect about you and your device. Each time you visit our Platform will automatically collect personal data including Device Data, Usage Data and Contact Data. We collect this data using cookies and other similar technologies. Please see our cookie banner and the information on cookies included later in this policy for further details.

• Location Data. We also use GPS technology, WIFI network data and IP address data to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings or emailing us at support@sparksapp.io if you are not able to do this.

• Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources, such as Device Data from analytics providers such as Google based outside the EU and Hotjar in the EU.

7. Do we use cookies?

We use cookies and/or other tracking technologies to distinguish you from other users of the Platform and to remember your preferences. This helps us to provide you with a better user experience. We do this by placing a small text file on your Device to track how you use the Platform, to record or log whether you have seen particular messages that we display, to keep you logged into the Platform where applicable, to monitor your search terms and to display relevant adverts or content or refer you to a third party website.

Some cookies are required to enjoy and use the full functionality of this website and our applications.

We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your Device. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options. Cookies that we use are:

• developer.mixpanel.com

• Facebook Ads

• Help.mixpanel.com

• mixpanel.com

• LinkedIn Ads

• LinkedIn Analytics

• Google Analytics

• Google Tag Manager

• Hotjar

For detailed information on the cookies we use see our cookie banner.

8. How do we use your personal data?

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

• Where you have consented before the processing.

• Where we need to perform a contract we are about to enter or have entered 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.

• Where we need to comply with a legal or regulatory obligation.

The table at 9 below sets out the lawful basis for processing for the different types of personal data. We appreciate that some of these terms can be confusing so we have included a glossary at the end of this policy which explains the types of lawful basis that we will rely on to process your personal data.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us, or by using the unsubscribe link included in each marketing email.

9. What purposes do we use your personal data for?

Purpose/activity: To install the App and register you as a new App user
Type of data: Contact Data, Device Data
Lawful basis for processing: Necessary for our legitimate interests (to provide the Service to you)

Purpose/activity: To deliver Services
Type of data: Contact Data, Device Data, User Notes, Usage Data, Marketing and Communications Data, Location Data
Lawful basis for processing: Performance of a contract with you. Necessary for our legitimate interests (to provide a good Service to you)

Purpose/activity: To manage our relationship with you including notifying you of changes to the App or any Services
Type of data: Contact Data, Marketing and Communications Data
Lawful basis for processing: Performance of a contract with you. Necessary for our legitimate interests (to keep records updated and to analyse how customers use our Platform/ Services)Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)

Purpose/activity: When you contact us with feedback, complaints and questions
Type of data: Contact Data, Device Data, Usage Data, Marketing and Communications Data
Lawful basis for processing: Performance of a contract with you Necessary for our legitimate interests (to analyse how to improve our Platform/Services and to develop them and grow our business)

Purpose/activity: To administer and protect our business and the Platform including troubleshooting, data analysis and system testing
Type of data: Contact Data, Device Data, User Notes
Lawful basis for processing: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)

Purpose/activity: To deliver content and advertisements to you. To make recommendations to you about goods or services which may interest you. To measure and analyse the effectiveness of the advertising we serve you. To monitor trends so we can improve the Platform
Type of data: Contact Data, Device Data, Usage Data, Marketing and Communications Data, Location Data
Lawful basis for processing: Your consent. Necessary for our legitimate interests (to develop our Platform/Services and grow our business)

10. How do we disclose your data?

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below:

• Internal Third Parties: Our contractors (operating as an individual or through a company) who provide IT, developer, marketing and system administration services which are located within the EU and any company in our group of companies in the Next Layer Group.

• External Third Parties: External service providers acting as processors who provide IT and system administration services, such as MailChimp located in the US, Google Analytics located in the US, MixPanel located in the US and HotJar located in Malta (within the EU).

• Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide their services to us.

• Regulators: HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.

• 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.

11. What about international transfers?

Whenever we transfer your personal data out of the UK or the European Economic Area ("EEA"), we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• 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. See below for privacy shield certification for our US based suppliers:

Google Analytics: https://support.google.com/analytics/answer/7105316?hl=en;

MailChimp: https://mailchimp.com/help/about-mailchimp-the-eu-swiss-privacy-shield-and-the-gdpr/;

MixPanel: https://help.mixpanel.com/hc/en-us/articles/115004494783-EU-US-and-Swiss-US-Privacy-Shield-Framework

• We may 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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

12. How do we look after your personal data?

We keep the information you provide to us secure. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

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

13. How long do we retain your personal data for?

We will keep your personal data as long as you have an open account with us. We will delete your personal data once you close your account with us, except for data we may need for our legal, regulatory, accounting purposes, or where it is Aggregated Data.

In the event that you do not use the App for a period of 5 years then we will treat the account as expired, in which we would give you notice of this and your personal data may be deleted.

In some circumstances you can ask us to delete your data, see section 15 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.

Details of retention periods for different aspects of your personal data are available by contacting us.

14. What about third party links?

Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

15. What are your legal rights?

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

• 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 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 of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data's accuracy; where our use of the data is unlawful but you do not want us to erase it; 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 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.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at our details included at the beginning of this policy.

You have the right to make a complaint at any time to the Information Commissioner's Office ("ICO"), the UK supervisory authority for data protection issues or other competent supervisory authority of an EU member state where the App is downloaded.

16. Here is a glossary of the lawful bases:

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

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.

Performance of Contract means 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.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

End of policy