Privacy Policy
Last substantive change: 19 October 2021
Howamigoing Ltd (“Howamigoing”, “us”, “we”, ”our”) is a limited company registered in England and Wales under company number 09616647 and located at 86-90 Paul Street, London, EC2A 4NE. We offer a variety of employee performance enhancing tools available online via Howamigoing.com and other websites owned by us (the “Platform”). We also offer support and guidance regarding best-practice use of the Platform (the “Support”) (together, “the Services”).
This document sets out how we will process information we collect from or about you, or which you provide to us (the “Privacy Policy”).
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.
We may change the Privacy Policy from time to time by amending this page.
For the purpose of the Data Protection Act 2018 and General Data Protection Regulation EU 2016/679, when processing Your Information:
- If you are an Authorised User (i.e. if you are using the Services because you created an account or someone else created an account and invited you to that account, as defined in our User Terms of Service), the Customer (i.e. this could be your employer or the owner of the business you work for) is the data controller and Howamigoing is the data processor
- If you are not an Authorised User (i.e. you have inquired about the Services but are not using the Services), Howamigoing Ltd is the data controller
Information we collect and receive as a data processor
We collect and process the following information on behalf of our Customers (i.e. your employer or the business you work for). Please note that in respect of this information we are only the data processor, and the Customer is the data controller. If you wish to exercise your rights in respect of the information below, you should contact the data controller.
Account information
To set up your Howamigoing account, you or the Customer will provide us with basic information about you which may include your name, employer name, department, job title, direct manager, timezone, email address and password (your Contributions as set out in our User Terms). You will then have the ability to provide optional profile information, such as a photograph or basic demographic data. If you submit payment information in connection with your use of the Services, we utilise a third party credit card payment processing company to collect payment information, including your credit card number, billing address, and phone number. In such circumstances, the third party service provider, and not us, stores your payment information on our behalf.
Workplace performance information
By using the Services, you will receive professional feedback from others and/or give professional feedback to others and/or complete self-reflections and/or manage your individual, team or company objectives (your Feedback/Contributions as set out in our User Terms).
Information we collect and receive (“Your Information”) as a data controller
We collect the following information as a data controller. If you wish to exercise your rights in respect of the information below, you should contact us.
CRM Information
If you are considering becoming a Customer and have contacted us to learn more about the Services, or you have interacted with our Website in some way, we will collect information about you which we will hold in our CRM system such as your name, employer, position, email address, telephone number, call transcripts (“CRM Information”).
Support Information
If you have a customer support query, or if you have participated in a beta testing programme that we have run, then we may retain a record of the email, telephone call or video call created as part of this process (“Support Information”).
Technical Information
When you use the Services, our servers automatically record information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information (“Technical Information”).
Device Information
Howamigoing collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this often depends on the type of device used and its settings (“Device Information”).
Location Information
We collect and process general information about the location of the device from which you are accessing the Services (e.g., approximate geographic location inferred from an IP address) (“Location Information”).
Cookie Information
Howamigoing may also include cookies and similar tracking technologies of third parties, which may collect other information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies and your opt-out opportunities and other options, please see our Cookie Policy.
Aggregated Information
We also collect, use and share aggregated information such as statistical or demographic data (“Aggregated Information”) for any purpose. Aggregated Information could be derived from Your Information but is not considered personal data in law as this information will not directly or indirectly reveal your identity. For example, we may aggregate your Technical Information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Information with Your Information 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.
Special Categories
We do not collect any Special Categories of Personal Data about you (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). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
The ability to use our Services depends on you providing us with Your Information. If you do not do so, we will be unable to provide the Services.
What we do with Your Information
We will hold and use Your Information in the following ways:
Business Development
If we believe that you and/or the business you work for could benefit from the Services but you are not yet a Customer, we will use your CRM Information during our discussions with your about us and our Services (for instance, discussing price plans and providing demonstrations of the Services). Our lawful basis for this processing is our legitimate interest in growing our business.
Service improvement
From time to time we will use Your Information in order to analyse your use of the Websites and identify areas for improvement within the Services, for the benefit of you and other Authorised Users. Our lawful basis for this processing is our legitimate interest in the continual improvement of the Services.
Change of purpose
We will only use Your 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by email using the following address: privacy@howamigoing.com.
If we need to use Your 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 Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How long we keep Your Information
Unless we agree otherwise, we will retain Your Information for three years or until such time as you ask us to delete your data or where you withdraw any consent you have given us to process Your Information.
Who we share Your Information with
In order to provide you with the Services, we may share Your Information as follows:
Affiliates and subsidiaries
We may share the information we collect with subsidiaries or group companies of Howamigoing.
Service providers
We may provide access to or share Your Information with select third parties that perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services. You can view a list of these third parties here: SUBPROCESSORS.
Change of ownership
If the ownership of all or substantially all of our business changes, we may transfer Your Information to the new owner so that the Services can continue to operate. In such case, Your Information would remain subject to the promises and commitments contained in this Privacy Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, Howamigoing will comply with such restrictions.
Consistent with the Services
Please note that your Feedback may be viewable by other Authorised Users in your account, depending on the specific viewing permissions in place by the Customer.
To enforce our rights, prevent fraud and for safety
To protect and defend the rights, property or safety of Howamigoing or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
To comply with laws
If we receive a request for information, we may disclose Your Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
With consent
Howamigoing may share Your Information with third parties when we have consent to do so.
Transferring Your Information to others
There may be occasions where we need to send Your Information outside the the EEA/ EU and/ or the UK. This would cover situations where we need to deal with international aspects of your account and instruct overseas organisations to assist.
Some organisations may be located in countries outside of Europe where data protection laws are not as strict as they are in the UK. Where Your Information is being transferred outside the EEA/ EU and/ or the UK, we will undertake an assessment of the level of protection in light of the circumstances surrounding the transfer. We will make sure that any transfers are not repetitive and only limited to the minimum amount of information possible. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the information.
Whenever we transfer Your Information out of the EEA/ EU and/ or the UK, 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 Information to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission and/ or the Information Commissioner.
- Where we use certain service providers, we may use specific contracts approved by the European Commission and/or the Information Commissioner which give personal data the same protection it has in Europe.
Security of Your Information
Howamigoing takes security of data very seriously. We work hard to protect Your Information from loss, misuse and unauthorised access or disclosure. These steps take into account the sensitivity of the information we collect, process and store and the current state of technology.
Howamigoing has received internationally recognised security certifications. To learn more about current practices and policies regarding security and confidentiality of the Services, please contact us by email using the following address: support@howamigoing.com.
Given the nature of communications and information processing technology, Howamigoing cannot guarantee that information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.
Exercising your rights
You have various rights in respect of Your Information which we set out in more detail below. Please note that you should only contact us to exercise your rights where we are the data controller of Your Information. Where we are just the data processor, for instance where the Customer is the data controller, you must contact the data controller directly in order to exercise your rights. If you contact us to exercise your rights in respect of Your Information in respect of which we are just the data processor, we will pass on your request to the data controller and assist them as far as possible in dealing with your request.
Withdrawing your consent
You have the right at any time to withdraw any consent you have given us to process Your Information. Please note if you withdraw your consent it will not affect the lawfulness of any processing of Your Information we have carried out before you withdrew your consent. Should you wish to do so you can contact us at any time via email to support@howamigoing.com.
Deletion of Your Information
You may request that we delete Your 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 Information 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 delete Your Information to comply with local law. Note, however, that we may not always be able to comply with your request for deletion for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Where we hold your data as a result of your employer making use of the Services for which they are the data controller, we will notify and require approval from your employer before deleting your data.
Accessing and updating Your Information
You have a right to request a copy of Your Information, known as a data subject access request. You also have the right to request that information we hold about you which may be incorrect, or which has been changed since you first told us, is updated or removed. These requests can be sent to support@howamigoing.com.
You will not have to pay a fee to access Your Information (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.
We may need to request specific information from you to help us confirm your identity and ensure your right to access Your Information (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 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.
Objections to our use of Your Information
You can object to processing of Your 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing Your Information 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.
You may ask us to restrict our processing of Your Information in the following scenarios:
- If you want us to establish the information's accuracy.
- Where our use of the information is unlawful but you do not want us to delete it.
- Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of Your Information but we need to verify whether we have overriding legitimate grounds to use it.
Please note that if you want us to restrict or stop processing Your Information this may impact on our ability to provide our Services. Depending on the extent of your request we may be unable to continue providing you with our Services.
Any queries or concerns about the way in which Your Information is being used can be sent to support@howamigoing.com.
Transferring Your Information
You may request the transfer of Your Information to you or to a third party. We will provide to you, or a third party you have chosen, Your Information 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.
Complaints about our use of Your Information
If you wish to raise a complaint on how we have handled Your Information, you can contact us to have the matter investigated by writing to support@howamigoing.com.
If you are not satisfied with our response or believe we are processing Your Information not in accordance with the law you can complain to the UK data protection regulator, the Information Commissioner’s Office. Further details can be found at www.ico.org.uk or by calling 0303 123 1113.
