GENERAL PLATFORM PRIVACY NOTICE

We are Finbogo Limited (a private limited company registered with company number: 15397665) (Finbogo, we, us, our). Our registered office is located at Fernhill Estate Office Fernhill Road, Sutton, Newport, Shropshire, United Kingdom, TF10 8DJ.

We are committed to protecting the privacy and security of the personal data of users who visit and interact with our online booking platform (our Platform) and the services made available via our Platform (the Platform Services), being;

the personal data of medical and healthcare practitioners and other professionals (Service Users) who interact with, and use the Platform Services within their business, including to advertise their services (the Professional Services) to End Users, and take bookings for the Professional Services; and
the personal data of Clients and other individuals (including Representatives) who engage and interact with Service Users via our Platform (End Users); and
the personal data of users who simply browse the Platform.

This Privacy Notice is addressed to the individuals falling into the categories set out above, whose personal data we collect, store, use, and/or share (all of which we refer to as processing), and we refer to each such individual in this Privacy Notice as you. The Privacy Notice describes how we, as the operators and providers of the Platform, collect, use and look after your personal data and also tells you about your rights and how the law protects you.

Important Information
- Supplemental Terms – This Privacy Notice supplements the other notices and terms published on our Platform (including our Platform Subscription Terms, Data Sharing Terms, Platform User Terms, Client Specific Privacy Notice and Cookies Policy (the Terms)) and is not intended to override them.
- Controller – We are the controller of, and are responsible for, your personal data.
- Understanding – To assist you further in understanding this Privacy Notice, we have set out in the Schedule a glossary of terms used in this Privacy Notice, examples of types of personal data we collect, how we use it, the lawful basis for processing such data and further details of your rights.
- Questions – If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us in writing, either by:

Email: requests@finbogo.com; or

Post: Finbogo Limited, 2nd Floor, Lynnfield House, Church Street, Cheshire, Altrincham WA14 4DW.

Complaints – You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) (ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Who can use the Platform Services – Our Platform is not intended for children, however if you are a Representative of a minor (any individual under the age of 18) you can use our Platform on their behalf and to make bookings with Professionals for them. We understand that some teenagers may wish to have their own account on our Platform and control over their health data, therefore if you are aged 16 or 17 and want your own account on our Platform, your Representative must set up and create the account on your behalf and must make all bookings on your behalf, until you reach the age of 18.
Changes to your personal data – It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Third-party links – Our Platform may include links to third-party websites, plug-ins and applications. By clicking on these links or enabling connections you may be allowing third parties to collect or share your personal data. We have no control over these third-party websites, plug-ins or applications and are not responsible for their privacy notices, therefore you should read their privacy notices to understand what personal data they collect about you and how they use it.
The Personal Data We Collect
- We may collect, use, store and transfer the types of personal data about you listed in Part 1 of the Schedule.
- We also collect, use and share aggregated data. However, if we combine aggregated data with your personal data so that it can directly or indirectly identify you, we treat this as your personal data.
- We collect special categories of personal data. Due to the nature of our Platform, the Platform Services and the Professional Services, we collect special category personal data of Clients. If you are a Client, please see our Client Specific Privacy Notice https://finbogo.com/client-specific-privacy-notice/ for further details on how we collect, process and use your health data (which may include special category personal data).
- Failure to provide personal data. If we are required by law or under the terms of a contract we have with you, to collect your personal data and you fail to provide it:
  - we may not be able to enter into or perform the contact with you; and/or
  - we may have to limit your access to and/or cancel the provision of the Platform Services to you and/or the contract (as applicable).

We will notify you of this at the relevant time.

How Personal Data Is Collected

We collect personal data in the following ways:

Direct Interactions

You may provide personal data when you complete our online enquiry form via our Platform, create an account to access and use all or some of the Platform Services, as part of any booking journey for Professional Services, or interactions with Service Users via our Platform or where you otherwise correspond with us (by post, phone or email).

Provision of Services

We collect personal data (including special categories of personal data) of End Users and Clients when a Service User utilises our Platform Services in their business, including where bookings are made via our Platform or the Professional uploads or stores notes and/or records to our Platform.

Automated Technology

We automatically collect personal data (technical and usage) when you browse or interact with our Platform, by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites which use our cookies. Please see our Cookies Policy https://finbogo.com/cookies-policy/ for further details.

Publicly Available Sources

We may collect personal data from publicly availably sources such as the Electoral Register and credit reference agencies, based inside the UK.

Third Parties

We may receive personal data from (a) third parties who provide an End User’s or Client’s personal data on their behalf (such as a Representative, Service User or associations who we have a contractual relationship with) (b) End Users when providing emergency contact information (c) analytics providers (d) advertising networks; (e) search information providers; and (f) our suppliers such as website support and maintenance providers.

How We Use Your Personal Data
- We will only use your personal data when the law allows us to. Most commonly, we will use your personal data:
  - where you are a Service User, to perform the contract we are to enter into or have entered into with you for the provision of the Platform Services to you;
  - where you are an End User, to perform the contract we are to enter into or have entered into with you for the provision of the Platform Services to you, which includes the storage of your personal data (which shall include health data) as part of the records created by Service Users or us as part of the provision of the Platform Services;
  - to comply with a legal obligation; or
  - where it is necessary to carry out our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.
- Part 2 of the Schedule sets out the lawful basis we will rely on to process your personal data.
- Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using such data.
- Marketing – Service Users (and End Users where we are permitted to do so) will only receive marketing communications from us if:
  - you have engaged with us for the provision of Platform Services; or
  - you have provided your consent to receive marketing communications;

and you have not opted out of receiving marketing communications, unsubscribed from our mailing list or withdrawn your consent.

We will not share your personal data with third parties for their marketing purposes.
How to opt out – You can opt out of email marketing by clicking the unsubscribe button within the particular marketing email. You can also withdraw your consent to receive marketing communications and ask to be removed from our mailing list at any time by contacting us.
Even if you opt out of receiving marketing communications, we may still use your personal data for other purposes provided we have a lawful basis to do so.
Change of purpose – We will only use your personal data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose or we have a lawful basis to change the purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to use your personal data in this manner.
We may process your personal data (without your knowledge or consent) where this is required or permitted by law.
Disclosure Of Your Personal Data
- We may share your personal data with the Third Parties set out in Part 4 of the Schedule. We require all Third Parties to respect the security of your personal data and to treat it in accordance with the law. Such Third Parties can only process your personal data for specified purposes and in accordance with our instructions.
International Transfers
- Some Third Parties may be based outside of the UK, therefore your personal data may be transferred outside of the UK.
- Whenever we transfer your personal data out of 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 personal data to countries that have been deemed to provide an adequate level of protection for personal data;
  - we use specific contracts which give personal data the same protection it has in the UK with our services providers.
- Data Security
  - We operate appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to personal data is restricted to individuals who have a business need to know it, are under confidentiality obligations and can only process it on our instructions.
  - We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- Data Retention
  - We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
  - We may update our data retention practices from to time and you can request details by contacting us. However, we are legally required to keep basic information about our users and customers (including contact, identity, financial and transaction data) for six years after the end of the tax year in which they cease being users, for tax purposes.
  - We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. Anonymised data may be used indefinitely without further notice to
- Your Legal Rights
  - Your legal rights in relation to your personal data are set out in full in Part 3 of the Schedule. If you wish to exercise any of these rights, please contact us. We acknowledge that there may be circumstances where an Client is unable to exercise these rights for themselves, and a Representative may be permitted to exercise these rights on their behalf, where to do so is in the best interests of that Client.
  - You will not have to pay a fee to exercise any of your rights unless your request is clearly unfounded, repetitive or excessive. In which case, we may charge a reasonable fee for this information or refuse to comply with your request. We may also refuse to comply with a request from a Representative, where we have evidence that complying with such request would not be in the best interests of the Client.
  - We may ask you to provide further information to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
  - We aim to respond to all legitimate requests within one month. If your request is particularly complex or you have made a number of requests, it may take us longer to respond. In this case, we will notify you and keep you updated.
- Updates
  - We may change this Privacy Notice from time to time by updating this page. Please check it regularly to ensure you are aware of any changes.

This Privacy Notice was created in August 2024.

Schedule 1

Part 1 Types of personal data

Contact data

Postal address (billing and contact), email address and telephone numbers.

Financial data

Bank account, billing address and payment card details.

Identity data

First name, maiden name and last name, date of birth, gender, username or similar identifier and any digital self-photos or images.

Special categories of personal data

Health data (including previous and current medical history and conditions and any health data contained within records and documents and/or any media created by Service Users via the Platform Services .e. notes, images, audio and video recordings from appointments and consultations and treatment forms) racial or ethnic origin, biometric data and genetic data.

Marketing and communication data

Your preferences in receiving marketing from us.

Profile data

Your username, password and login credentials for your account.

Technical data

Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices the User uses to access our Platform.

Transaction data

Details about payments to and from you and other details of Professional Services used or received.

Part 2 Lawful basis for processing and processing activities

The lawful basis upon which we may rely on to process your personal data are:

Consent

You have given your express consent for us to process your personal data for a specific purpose or we are relying on the consent of the End User which the Service User has obtained.

Contract

The processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you.

Legal Obligation

The processing is necessary for us to comply with legal or regulatory obligation.

Legitimate Interests

The processing is necessary for our or a third party’s legitimate interest and your fundamental rights do not override those interests. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest.

Specific Exemption:

We rely upon the following exemptions available under the UK GDPR:

a) Article 9(2)(a) – where you have provided explicit consent to the processing of your health data; and/or

b) Article 9(2)(j) – where the processing is necessary for scientific or historical research purposes or statistical purposes, which are proportionate to the aim pursued and provide for suitable and specific measures to safeguard your fundamental rights and interests.

Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this.

Purpose/Activity

Type of data

Lawful basis for processing

To register an account for you to access and use all or part of the Platform Services.

Contact and identity.

To perform our contract with you for access and use of Platform Services.

To deliver and provide Platform Services to you.

Identity, contact, profile, marketing and communications.

(i) to perform our contract with you for access and use of Platform Services; and

(ii) as necessary for our and the Professional’s legitimate interests in order to contact your emergency contact as necessary (where you are the End User and a Client) or to contact you (where you are the emergency contact or Representative of a Client registered with our Platform).

To facilitate and process a booking or appointment for Professional Services, to manage payments, fees and charges and debt recovery.

Identity, contact, financial, transaction, marketing & communications and special categories of personal data.

(i) to perform our contract with you for access and use of Platform Services;

(ii) as necessary for our legitimate interest in recovering debts due to us; and

(iii) your explicit consent to the processing of special categories of personal data (i.e. your health data) for this purpose.

To manage our relationship with you and notify you of changes to our Terms or Privacy Notice.

Identity, contact, profile, marketing and communications

(i) to perform our contract with you for access and use of Platform Services;

(ii) as necessary to comply with a legal obligation; and

(iii) as necessary for our legitimate interests in keeping our records updated and analysing how users use Platform Services.

To administer and protect our business and in particular our Platform and the Platform Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Identity, contact and technical

(i) as necessary for our legitimate interests in running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise;

(ii) as necessary to comply with any legal obligations.

To deliver Platform content/advertisements to you and measure or understand the effectiveness of our advertising.

Identity, contact, profile, marketing and communications and technical

As necessary for our legitimate interests in studying how users use, and how to develop, our Platform and the Platform Services, to grow our business and to inform our marketing strategy.

To use data analytics to improve our Platform and the Platform Services, marketing, user relationships and experiences.

Technical

As necessary for our legitimate interests to define the types of users of our Platform and our Platform Services, and to keep that same updated and relevant, to develop our business and to inform our marketing strategy.

Part 3 Your Legal Rights

You and/or (where applicable) your Representative have the following legal rights in relation to your personal data:

Access your data

You can ask for access to and a copy of your personal data and can check we are lawfully processing it.

Correction

You can ask us to correct any incomplete or inaccurate personal data we hold about you.

Erasure

You can ask us to delete or remove your personal data where:

(a) there is no good reason for us continuing to process it;

(b) you have successfully exercised your right to object (see below);

(d) we are required to erase your personal data to comply with local law.

We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request.

Object

You can object to the processing of your personal data where:

(a) we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts on your fundamental rights and freedoms;

(b) 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 and, in such circumstances, we can continue to process your personal data for such purposes.

Restrict processing

You can ask us to suspend or restrict the processing of your personal data, if:

(a) you want us to establish the accuracy of your personal data;

(b) our use of your personal data is unlawful, but you do not want us to erase it;

(c) you need us to hold your personal data (where we no longer require it) as you need it to establish, exercise or defend legal claims; or

(d) you have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it.

Request a transfer

You can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contract with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format.

Withdraw your consent

You can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent.

Part 4 Third Parties

Service Users

Acting as controllers who provide or have been requested by you (via the Platform Services) to provide Professional Services to you.

Service providers

Acting as processors who provide IT, telecoms, hosting, connectivity and system administration services.

Payment Gateway Provider

Acting as a controller who require information to collect and process payments for the Platform Services and/or the Professional Services (as applicable) or to issue refunds, being [DETAILS OF PAYMENT GATEWAY PROVIDER].

Professional advisors

Acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities

Acting as processors or controllers who require reporting of processing activities in certain circumstances.

Other third parties

Such third parties to which 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 Notice.

Part 5 Glossary

Aggregated data

Information such as statistical or demographic data which may be derived from personal data but which cannot by itself identify a data subject.

Controller

A body that determines the purposes and means of processing personal data.

Data subject

An individual living person identified by personal data (which will generally be you or your dependant).

ICO

Information Commissioner’s Office, the UK supervisory authority for data protection issues.

Client

An individual (who may also be an End User) in respect of whom a booking is made or to be made with a Professional.

Personal data

Information identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data.

Processor

A body that is responsible for processing personal data on behalf of a controller.

Representative

An End User of our Platform who is the parent, guardian, carer of or is otherwise acting on behalf of a Client (including under a power of attorney) and is to represent or act in that Client’s best interests.

Special categories of personal data

Information about race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life and sexual orientation.