Privacy Policy Notice

Version 1 (9.8.2019)

Who are we

Audacious Mobile Limited provides mobile telecoms services and is part of the Manx Telecom group of companies, which includes Goshawk Communications Limited, Vannin Ventures Limited and Partitionware Limited (“Group”).  Your information will be held by us for and on behalf of us and our Group companies.

This Privacy Policy explains the data we collect from you, what we do with it, how we protect it and the choices you have regarding it. By “you” we mean the account holder who contracts with us, the person we communicate with or a visitor to our website.

It is important that you read this privacy policy together with any other privacy information we provide you with 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 is not intended to override them.

We keep our Privacy Policy under regular review. We’ll get in touch with any significant changes, for example, by email, SMS, voice recording or other appropriate contact method.

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.

This website is not intended for children and we do not knowingly collect data relating to children. 

The data we collect data about you and how we collect it

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (“anonymised data”).

We may collect data directly from you, even if you are not an Audacious customer, via your calls to or correspondence with us or other submissions, for example, via our website including submitting forms or registering with us, or via the retailer selling you the SIM, particularly:

  • Identity Data, such as name, gender and date of birth;
  • Contact Data, such as address, billing address, phone number and email address;
  • Financial and Services information, such as the mobile contract you purchased, its price, your billing and payment details (including credit or debit card details or bank account details to set up a direct debit) and any other information related to your account;
  • Sound Data, such as the online hearing analysis you take on our website (“Sound Check”) and the resulting hearing profile and compensation profile that is created by us to enable you to have better quality calls, together with other data such as year of birth, gender and mobile telephone number. This data relates to your health and is therefore used and protected by us as special category personal data under the data protection legislation. 
  • Any communications with us, such as queries or complaints, or your responses to any market research we may send you.

Usage Data includes information about how you use our website and products and services including Call Records (for example, when you make or receive calls or messages, we collect the telephone numbers of the calling and called persons, the relevant date, time, duration and cost of your communication, information identifying your device. We don’t collect the content of your calls or messages. When you use our data services, we collect time, date, usage and location information Technical Data includes internet protocol (IP) address, performance and security data, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, system logs, other technology on the devices you use to access this website, data identified as malicious (e.g. malware infections, cyberattacks, unsuccessful security incidents, or other threats);

  • We also use cookies to collect information (see our Cookie Policy for more information).
  • Marketing and Communications Data, such as your marketing and communications preferences: see the section headed, “Our marketing of services and products to you”, below.

We may also receive information about you from third parties, for example, from credit reference or fraud prevention agencies and from third party suppliers who help us provide our Services to you.

Aggregated Data

We may also collect, use and share aggregated data such as statistical or demographic data for any purpose (“aggregated data”). 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 (see above) 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 that combined data as personal data which will be used in accordance with this privacy policy.

Special Category Personal Data 

Under data protection law, “Special Categories of Personal Data” (“SCPD”) are 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 for the purpose of uniquely identifying a natural person). 

The only SCPD that we collect, use, store and transfer is your Sound Data. See the section headed, “How we use the data we collect about you and our legal basis to use your data”, below, for more information about how we use this SCPD. 

Criminal Offence Data

We do not collect any information about criminal convictions and offences.

Anonymised Data

We also collect, use and share anonymised data to improve our services and better understand our business by using analytics. We use aggregated and anonymised data for research and development purposes and may extend that to selected third parties.

Anonymised data could be derived from your personal data but it is not considered personal data in law as this data will not directly or indirectly reveal your identity. If we, however, combine or connect anonymised data with your personal data so that it can directly or indirectly identify you, we would treat that combined data as personal data and it would be used in accordance with this privacy policy.

How we use the data we collect about you and our legal basis to use your data

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.

We need a legal basis to use your data. We rely generally on several such bases:

  • When you enter into a contract with us for our Services, or are about to do so, we will use your data to perform that contract, for example:
  1. to register you,
  2. to process your order,
  3. to set up, provide or bill your Services,
  4. to answer your queries.
  • Some usage of your data requires your consent. For example, to use your hearing profile to provide better quality calls to you or to send you details of products, services or offers. You can manage your preferences in my-account at www.audacious.co.uk (see the section headed, “Our Marketing of Services and Products to You”, below). You can update your preferences, including withdrawing any consents you have given, at any time. Where we need to collect personal data under the terms of a contract we have with you, and you withdraw your consent for us to use that data, 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 products or services). 
  • We may rely on our “legitimate interests” to use your data in order to operate our business to provide our Services to you. We will always first consider you interests and the effect on you of us using your data. You also have rights to ask us to stop using your data on this basis in some situations, for example, for profiling you or for direct marketing to you (see the section headed, “Your rights concerning the data we hold about you”, below).

Examples of when we may use your data relying on our legitimate interests include when we:

  • provide you with service information or updates (Service Messages);
  • to use aggregated and anonymised data, to improve our services and better understand our business by using analytics, for example, to use anonymised data from our customers’ hearing profiles for statistical analysis and research and development purposes to improve performance of our service offering and develop new products and services. We may transfer such anonymised data for such purposes to our Group and other third parties, as set out in the section headed, “Who we share your data with”, below;
  • create a profile about you to better understand you as a customer and provide more tailored advertising to you;
  • market to you, other than where we require your consent, for example, when we direct market our products and services to you as one of our customers or if you’ve contacted us in another way such as through a competition;
  • run credit and fraud checks on you or to instruct debt recovery agents, to guarantee we receive payment for our Services or to prevent fraud;
  • monitor our communications with you, to improve the quality of customer services, or for training, operational or compliance purposes.
  • Some use of your data is required to comply with a legal obligation. For example, for tax or accounting requirements and to assist law enforcement agencies or other public or regulatory bodies.

Note that we may process your personal data for more than one legal basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out in the table below.

Who we share your data with

We may share your data with:

  • Our Group companies acting as joint controllers, independent controllers or processors but they may only use such data as set out in this Privacy Policy;
  • Partners acting as data processors who help us provide our Services to you, or to supply their services to you, for example, our billing provider; content providers; advertising agencies who help us with our marketing to you; survey companies who help us run customer surveys; and our logistics provider;
  • Payment processing agents;
  • Credit reference, debt recovery or fraud agencies;
  • Law enforcement agencies or other public or regulatory bodies where required by law, or to protect our or third party’s rights, business or assets;
  • Our host mobile network operator, for example, to provide to the emergency services including your location information;
  • A prospective buyer of our business or their advisers, but only under strict conditions of confidentiality. If a change like this happens to Audacious, then the new owners may use your personal data in the same way as set out in this privacy policy.

We may share Sound Data with:

  • Goshawk Communications Limited, to enable them to create the compensation profile based on the Sound Check;
  • Vannin Ventures Limited and its wholly owned subsidiary Partitionware Limited, to the extent they provide support and maintenance services in respect of our infrastructure;
  • PDMS Limited, to enable their role as support agent for the Sound Check.

In order to process your application we may pass your data to credit reference agencies and they will give us information about you. They may pass on your information to other organisations. Your data may be linked to the data of others such as your spouse. We use this information to assess your eligibility and creditworthiness, verify the accuracy of your application, and prevent fraud, money laundering or other criminal activity.

When we share your data with a third party we control their use of your data through strict controls contained in a contract. For example, 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 and the law.

International

If we share your data with a third party in a country outside the European Economic Area (i.e. the EU plus Switzerland, Iceland, Lichtenstein and Norway)(EEA) whose data protection laws are not deemed “adequate” by the European Commission we will only do so if we can ensure your information is used in line with this Privacy Policy and data protection law.

We do this typically by using specific contracts approved by the European Commission which give personal data the same protection it has in the EEA, or by utilising one of the other permitted methods of transferring data overseas, for example, we may transfer data to US companies if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

This may happen if the servers where your data is stored or our suppliers are based outside the EEA.

To authorise your calls while roaming abroad data maybe passed to the foreign network operator.

How we protect your data 

We use industry-standard technologies and processes to:

  • check your identity when you contact us, but remember you are responsible for keeping your personal and account information secure and not sharing it;
  • protect your data from unauthorised access and accidental loss, disclosure or destruction, while in storage or transit. For example we use data encryption.
  • limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. Where appropriate they will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Please remember that third party websites are outside of our control and operate in line with their own privacy policies. Your personal data entered in such websites or your communications sent over the internet may therefore be at risk of unauthorised access or use.

How long we hold onto your data

We will hold data for a specific period of time for as long as reasonably necessary to fulfil the purpose we collected it for and in line with any legal obligations. We won’t hold your personal data longer than we need it. Then we’ll delete or anonymise it.

For example:

  • We will hold Personal Details about you while you remain a customer and for seven years after so we can verify your identity;
  • We are obliged to hold Call Records for 12 months in case it is required by Law Enforcement Agencies
  • We will hold copies of your bills and financial transactions for seven years;
  • If a dispute arises, we may hold your personal data while the dispute is on-going.

In some circumstances you can ask us to delete your data: see the section Your rights concerning the data we hold about you, below, for further information.

As set out above in this policy, 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.

Your rights concerning the data we hold about you

You have the following rights concerning your personal data.

  • The right to be informed. You have the right to clear, easily understandable, accessible information about our use of your personal data and your rights. This is set out in this Privacy Policy and any relevant privacy information given to you when we collect personal data from you.
  • The right of access. You can ask us to send you the data we hold about you. Except in complex cases we’ll endeavour to get this to you within one month, free-of-charge (although we may charge an administration fee for excessive, repetitive or unfounded requests). We’ll keep you updated. We may ask you for proof of identity, such as a utility bill or driver’s licence.
  • The right to rectification. You can request we change data about you that we hold where it is inaccurate or out of date. We may need to verify the accuracy of the new data you provide to us.
  • The right to erasure. In some situations you can request we erase data we hold about you, for example, where there is no longer a compelling legal basis for us to hold it. We may be entitled to refuse such request in some situations.
  • The right to restrict processing. In some situations you can request we restrict our use of your data except on limited bases, for example: 
  1. If you want us to establish the data’s accuracy,
  2. Where our use of the data is unlawful but you do not want us to erase it,
  3. 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
  4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

We can still store your data. We may be entitled to refuse such request in some situations.

  1. The right to data portability. In some situations you can request we pass your personal data to an organisation selected by you, free-of-charge and in a suitable electronic format. For example, if you move to a new operator.
  2. The right to object to processing. You can request we stop using your personal data for certain purposes, such as, direct marketing to you or profiling you for direct marketing purposes. You may be able to request we stop using your data in some other situations, such as where we rely on the “legitimate interests” basis for using your data, but we may be entitled to refuse such request in such situations, for example where there are compelling reasons for us to use your data.
  3. The right not to be subject to automated decision making. We sometimes make decisions using automated means. We do this to ensure fairness, accuracy and efficiency. For example, we may decide your eligibility for our Services based on automated analysis of your credit score data; or, we may use technology to build a profile of you, which enables us to offer you the products, services and advertising that are most relevant to you. Our automated decision making therefore affects the products, services and marketing we may offer or send to you. In some situations you can object to such decisions being made solely by automated means and request, for example, that we use human intervention in the decision making.

Please see the section headed, “Contact Us”, below, if you wish to exercise any of these rights.

Our marketing of services and products to you

We won’t send you marketing messages if you ask us not to. You can register your marketing preferences in my-account at www.audacious.co.uk; or by contacting us (see the section headed, “Contact Us”, below); or by unsubscribing on marketing emails or SMS we send you. We will add your name to a suppression list. You will still receive Service Messages.

We may use information that we hold about you to send information about our and our Group companies’ products and services. This may be by email or other electronic means available to us in the future. We may also use other information available to us in order to tailor our communications. If you’re an individual, we’ll usually only do this if we have your consent but there may be some situations where we have a legitimate interest in doing so, such as where you complete a purchase of our services.

If you’ve given your consent, you can withdraw this at any time, or if we’re reliant on our legitimate interests for sending you marketing you can object. 

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing.

We won’t give your details to third parties for them to market their products or services, or use your data ourselves to market third party products or services, unless you give us your consent.

Cookies: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.audacious.co.uk/legal/cookies.

How to contact us, including to complain

If you would like further information about our privacy policy please write to us at:

Data Protection Manager
Audacious Mobile Limited
University of Northampton Innovation Centre
Green Street
Northampton
NN1 1SY

Email: enquiries@audacious.co.uk

Phone: 0330 135 9700

If you are not satisfied with our response, or believe we are breach data protection rules, you can make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, at the contact details on their website: www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please do consider contacting us in the first instance.

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