Nextbase App - Privacy Policy

This is an important notice regarding your privacy and the way in which Portable Multimedia Limited (trading as Nextbase) (referred to as “we”, “our” or “us” in this policy) collects and makes use of your personal data. We want to be open and transparent with you, and therefore encourage you to contact us if you have any questions about this policy or the ways in which we use your personal data.

This policy applies to our job applicants, business contacts (i.e. clients and prospective clients), customers, service providers, competition entrants and third parties generally. We take our privacy responsibilities seriously and are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data that we process about you, or that you provide to us, will be processed by us. Please read the following explanations carefully to understand our views and practices regarding your personal data and how we will treat it and your rights.

For the purpose of applicable data protection legislation, the data controller is Portable Multimedia Limited of Floor 6, 230 Blackfriars Road London, SE1 8NW. Our company registration number is 04038169.

Our representative in the EU is Data Rep, located at 77 Camden Street Lower, Dublin D02 XE80, Ireland, https://www.datarep.com/ You can contact Data Rep on email: [email protected] or their online webforum at www.datarep.com/nextbase

Questions regarding this policy should be directed to our Data Protection Officer who can be contacted at [email protected].. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.

What information do we hold about you?

We may collect, store and use information about you (referred to throughout this privacy policy as personal data):

Applicants

Personal contact details such as your name, title, address, telephone number, e-mail address and your IP address when you visit our website.

Recruitment information (including personal information such as copies of your right to work documents, your CV or cover letter which is sent to us as part of the application process).

Information provided to us by recruitment agencies in relation to your application for employment with us.

Business contacts

Contact details such as your name, title, business telephone number, business e-mail address and your IP address when you visit our website.

Information that you provide, or we collect during our interactions with you or your employer, such as how long we have done business with you or how long you have worked at your company.

Bank details of sole traders.

Customers

Personal contact details such as your name, address, telephone number, e-mail address and your IP address when you visit our website.

Other personal data you provide to us via our website www.nextbase.co.uk, or for example, by using the LiveChat feature via our “contact” page.

Payment information such as credit/ debit card number, expiration date, security code and name as it appears on the card and the address the card is registered to will be collected by a third-party processor and will not be shared with us.

Personal and payment information that you provide to us at trade shows and exhibitions.

Details which you provide to us in connection with product warranty registration.

Personal data provided to us via our website or social media accounts, for example, by contacting us on Facebook or Twitter.

Personal data provided to us during telephone calls which you have made to us, and which are recorded.

Personal data provided to us by the third-party service providers we work with, for example, analytics providers and third-party companies providing us with marketing assistance.

Suppliers

Personal details such as your name, address, bank account information (where you are a sole trader), telephone number and your IP address where you visit our website.

Competition entrants

If you enter or apply to enter any of our competitions or events, personal data including your name, e-mail address, telephone number and bank details (if relevant).

Personal data provided where you enter one of our competitions via one of our corporate partners.

Data Sharing Information

Where you have consented under the terms of our Road Safety Club sharing agreement, we shall collect short bursts of video footage and metadata related to this (time stamp and GPS location data) that allows us to target data requests to your individual journeys, this will comprise

all data collected from the App, namely

video footage of the road and the surroundings of the vehicle excluding audio
location data of the vehicle
time and date

The basis of our processing the above data is your informed, feely revocable consent given to us by sliding the “Swipe to Join” bar. Please note the separate section below on how to withdraw your freely given consent.

Data subjects outside your vehicle shall not have been able to provide their consent for their personal data to be processed. Here we rely on legitimate interests as our lawful basis for processing. We require members of Road Safety Club display the window stickers we have provided. These give links to details of Road Safety Club and how a subject access request can be made.

Our purpose in processing the video and associated metadata is to create fully anonymised and aggregated data sets which can be supplied to public bodies eg national departments of transport and town and city planning organisations and trusted partners to improve their knowledge about the state of their roads and improve infrastructure

Where technically possible, the processing of this data to create such data sets will be carried out using automated means and without human intervention or inspection and using highest industry standards for such anonymization (e.g., by blurring faces of individuals and license plates of vehicles on the videos). You will find more details in our End User Agreement (Section “What happens to any data shared from my dashcam and where is it kept?”).

We will process the collected data only for the purposes of creating such fully anonymised and aggregated data sets and will in no circumstances transfer, license or sell on any personal data derived or included in the telematics data.

We will also share certain parts of the fully anonymised and aggregated data sets with private companies who will use them to improve and update their maps and mapping algorithms as described in the End User Agreement. To the extent that such data sets will still show information that could qualify as personal data, for instance, the name of a shop next to a road, such data recipients (trusted Partners) will be the data controller and Nextbase shall be the data processor, however we may will act under the same responsibilities as a data controller where agreed under specific contract with data customers.

Social Media

We may from time to time offer you access to forums and discussion groups operated by us on various social media platforms.

Participation in any such forums and discussion groups is purely voluntary and is not necessary for your use of the App.

In addition to our own content guidance and acceptable use terms posted on any such forums and discussion groups, the operators of any social media platform on which they are hosted will have specific terms relating to data, confidentiality, privacy and acceptable use which will be binding on you if you participate. We are not responsible for these latter terms and you are advised to familiarise yourself with the terms and policies of any social media platform on which you participate.

Generally

If you visit our offices, images and videos are recorded by the CCTV system in operation on our premises.

Information provided to us over the telephone which is recorded when you call our offices.

Any personal data provided to us following completion of our ‘Dash Cam Submission Form’.

Where you feature in content uploaded to our website ‘Operation Snap’.

Where you feature in content uploaded to our social media pages.

Where you feature in content provided to us by our dash cam users.

Any personal data provided to us at any of the trade shows that we take part in.

Any personal data you provide to us during your interactions with us.

Information gathered by cookies used on our website. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse and allows us to improve the way our website works. For detailed information on the cookies, we use and the purposes for which we use them please refer to our Cookie Policy https://nextbase.co.uk/cookie-policy/.

Information provided to us by third party service providers we work with, for example, payment service or analytics providers approved by you. Please see our cookie policy.

How will we use your personal data and what is the legal ground we rely on for doing so?

We will only process your personal data when the law allows us to. When we process your personal data, we must have a legal ground for doing so. The legal grounds by which we can use your personal data:

Where you have provided us with your consent for us to do so
Where we need to perform the contract, we have entered into with you or to take steps to enter into a contract with you
Where we need to comply with a legal obligation to which we are subject, for instance civil and criminal investigations, tax and bookkeeping laws
Where it is in pursuit of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
For the establishment, exercise or defence of legal claims

Data Use Case	UK GDPR clause	EU GDPR clause	AUS Privacy Act 1988 Privacy Principles	NZ Privacy Act 2020 Privacy Principle
a	Art. 6 (1) (a)	Art. 6 (1) (a)	APP 6.1 (a)	IPP 10 (1) (c)
b	Art. 6 (1) (b)	Art. 6 (1) (b)	APP 6.2 (b)	IPP 10 (1) (a)
c	Art. 6 (1) (c)	Art. 6 (1) (c)	APP 6.2 (e)	IPP 11 (h) (i)
d	Art. 6 (1) (f)	Art. 6 (1) (f)	APP 6.2 (c), 16A, 1 (a) (a)	IPP 11 1 (a), (h) (i), IPP 12 (1) (c)
e	Art. 17 (1) (e), 18 (1) (c), 21 (1), 49 (1) (e)	Art. 17 (1) (e), 18 (1) (c), 21 (1), 49 (1) (e)	APP 6.2 (c), 16A, 2 (a) (a)	IPP 10 (1) (e) (i, ii, iii, iv), IPP 11 (1) (e)

More specifically, we will process your personal data in the following circumstances:

Applicants:

To evaluate and progress your application for employment with us – to perform the contract with you or to take steps to enter into a contract with you, and in pursuit of our legitimate interests to verify your suitability for our vacancies.
To carry out right to work checks – to comply with a legal obligation.

Business contacts

Your contact details – for the fulfilment of a contract.
Your contact details to provide you with information on our products and services. This may include technical information and/or marketing information (where you are an employee of a business) – in pursuit of our legitimate interests in keeping you informed about our products, services and business updates.
Your bank details (if you are a sole trader) – to perform a contract with you or take steps to enter into a contract with you.

Customers

Your contact details:

Dealing with your product related enquiry via remote assistance – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.
Dealing with your enquiry made via the “Contact” page, the LiveChat feature on our website and / or social media – in pursuit of our legitimate interests to ensure your enquiry is dealt with promptly and efficiently.
To provide you with marketing information on our products and services – where you have provided us with your consent for us to do so.

Other scenarios where we may process your personal data:

Your personal data that you provide during calls to us – in pursuit of our legitimate interests in order to ensure adequate training and monitoring of our staff.
Your payment information – to perform the contract with you or to take steps to enter into a contract with you.
Your personal data for product warranty purposes – to perform the contract with you or to take steps to enter into a contract with you
Your personal data provided to us via social media platforms and as your telematics data (to the extent the data sets are not fully anonymized -see your End User Agreement) – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.

Suppliers

Your personal details (names, addresses, payment information) – to perform the contract with you or to take steps to enter into a contract with you

Competition entrants

Your personal details provided to us in connection with the competition that you have applied to enter into – in pursuit of our legitimate interests (to facilitate running the competition and establishing contact between you and us).

Data Sharing Information

The personal data of persons and vehicles present around Road Safety Club member vehicles in video clips shared with data customers. Collected footage shall be redacted but may still contain images such as faces or license plates that would enable identification – to fulfil legitimate interests we have in sharing video of the highway environment with data customers, to improve the highway environment and mapping services.

Generally

We shall operate CCTV to ensure that our premises are kept secure – in pursuit of our legitimate interests (in ensuring our premises are kept secure and to keep evidence of this).
Health and safety purposes, records of current employee medications – to comply with a legal obligation.
Personal data provided to us at trade shows – in pursuit of our legitimate interests to understand who attended the trade show.
To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes – in pursuit of our legitimate interests (to better understand how people interact with our website and solve any issues it may have).
To improve our website to ensure that content is presented in the most effective manner for you and your computer – in pursuit of our legitimate interests (to improve our content and your experience).
To transfer to third party service providers – as part of our legitimate interests to fulfil a contract.
To contact you if we wish to use your information for a purpose not set out in this policy – to comply with a legal obligation.
Information provided to us via dash cam footage – in pursuit of our legitimate interests to promote our products.
Your personal data provided to us via social media platforms – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently.
Your personal data provided to us over the telephone – in pursuit of our legitimate interests to ensure that your enquiry is dealt with promptly and efficiently or in fulfilment of a contract with you.
Personal data provided to us via our Operation Snap website – in pursuit of our legitimate interests to assist South Wales Police in keeping the roads safe.

What happens if there is a change of purpose?

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. If we need to use your personal data for an unrelated purpose, we will notify you, l explain the legal basis which allows us to do so and obtain your consent where required.

Which type of third parties might we share your personal data with?

We require third parties to respect the security of your personal data and to treat it in accordance with the law. For example, where we instruct third party service providers, we carry out due diligence on those providers to ensure they treat your personal data as seriously as we do.

We may share your personal data with the following types of third parties:

Technical support providers, for example, assisting with our website.
Providers assisting us with receipt of payments via our website.
Recruitment agencies assisting us with filling our vacancies.
Professional advisers such as lawyers, accountants, insurance companies and business analysts.
Providers who assist us with shipping, logistics and delivery of our solutions.
Providers assisting us with the management of our competitions.
Providers which help us collate and organise information effectively and securely.
Providers which help us generate and collate surveys and reviews of our products and services.
Providers which assist us with marketing by, for example, helping us send marketing mailshots.
Third party software hosting companies which provide us with software solutions.
Providers which host our servers in their data centres (these are all within Ireland).
Our competition partners following your entry.

Data retention

How long will we use your personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for.

We assess the appropriate retention period for different information based on the size, volume, nature and sensitivity of that information, the potential risk of harm to you from unauthorised use or disclosure of that information, the purposes for which we are using that information, applicable legal requirements for holding that information, and whether we can achieve those purpose(s) through other means.

Applicants

Where your application for employment with us is successful, we will provide you with further information as to how we use your personal information during the course of your employment.
Where your application for employment is unsuccessful, we will keep your personal information, such as your CV and application details, for 6 months.

Business contacts

The period we keep your personal data depends on a number of circumstances. For example:
- Where we have collected your personal data during the course of your and our organisations doing business with us, we will keep your personal data for as long as this business continues, or for as long as we have a commercial interest in holding your personal data, for example, with a view to doing business in the future.
- In the case of sole traders, we will keep your bank account details for as long as we do business together or for as long as we have a commercial interest in holding your personal data, for example, with a view to doing business in the future.
- Where you have provided us with your personal data during the course of making a complaint, we will keep this information for 7 years.
- Where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy.

Customers

If you have consented to receiving marketing information, we will keep your personal data for as long as we still have your (not revoked) consent;
If you have provided us with your personal data for the purpose of making a complaint or a customer service call, we will keep this information for 5 years.
If you have provided us with your personal data for the purposes of product warranty, we will keep this information for 5 years.

Suppliers

We will keep your personal data for as long as we and you do business together or for as long as we have a commercial interest in holding your personal data, for example, with a view to doing business in the future.

Competition entrants

We will keep your personal data for a period of 3 years after a competition.

Road Safety Club Video Submissions

Redacted video data submitted to data customers will have been deleted within 92 days of submission to the customer.

Generally

Any data collected through our CCTV system is stored for 31 days only.
Images and videos of you which are provided to us and uploaded to any of our websites or applications will be deleted following changes to our product range (typically every 3 years) or will be deleted on request.
Data stored on CamViewer is stored for 30 days only.
Our server logs which log IP addresses are deleted after 30 days.
Where you provide us with your personal data at a trade event, we will keep your personal data for no longer than 3 years.
Where you provide us with your personal data at a trade event for marketing purposes we will keep your information until you withdraw your consent.

Where we store your personal data

Electronic versions of your personal data are stored on AWS servers in the UK and Ireland.

Where we use third party service providers to assist us, your personal data may also be stored in accordance with their practices and procedures. We require third parties to respect your personal data and to treat it in accordance with the law.

Where your personal data are transferred outside of the EEA, we will take steps to ensure your personal data is adequately protected, by confirming that the partner has conducted data protection assessments and / or abides by the requirements of the GDPR. Please contact our data protection officer for more information.

Video data and metadata related to the videos that your dash cams sends to the cloud (only applies to connected devices) will be stored on AWS servers in the United States for customers in North America and in Australia for customers in Australasia. This ensures users benefit from better connection speeds for big data sets. Sub data, user accounts and other personal data associated with your dashcam shall be stored on our servers in the UK and Ireland.

Rights of access, correction, erasure, restriction, portability and objection

Your rights in connection with your personal data

Under certain circumstances, by law you have the right to:

Request access to your personal data (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 information we hold about you corrected.
Request the erasure of your personal data. This enables you to ask us to delete or remove personal data when there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to another party.
Object to us using your personal data for direct marketing purposes.
We do not use automated decision making.
If you want to exercise any of the above rights, please contact our Data Protection Officer in writing or by telephone using the contact details set out at the beginning of this privacy policy.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee to the extent allowed by applicable law if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access any personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to another person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your freely given, informed consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officer or our data protection representative in writing using the contact details set out at the beginning of this privacy policy.

Where we are providing you with marketing information, you can also change your marketing preferences by using the unsubscribe button at the bottom of our marketing e-mails sent to you.

Once we have received notification that you have withdrawn your consent, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless required by law.

What happens if you fail to provide personal data?

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with our products or services), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of visitors to our premises).

Right to complain

You have the right to make a complaint if you wish to do so.

In the first instance, please direct complaints to our Data Protection Officer who can be contacted at [email protected].

If we cannot resolve your complaint, you can complain to the regulator. The regulator in the UK is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail ([email protected]) or your own data protection agency.

We are based in the UK but, under the EU GDPR, we are required to appoint an EU representative. The purpose an EU representative is to make it easy for individuals located in the EU to contact us should they wish to exercise their rights or make a complaint or enquiry in relation to how we are processing their Personal Data. It is also a contact point for the supervisory authorities located in the EU.

Our EU representative is Data Rep

https://www.datarep.com/

You can contact Data Rep on email: [email protected] or their online webforum at www.datarep.com/nextbase

If you are resident in Australia, or you are an Australian citizen you may contact The Office of the Australia Information Commissioner (OAIC), by post at GPO Box 5288, Sydney NSW 2001, by telephone (1300 363 992) or via the OAIC’s website https://www.oaic.gov.au/privacy/privacy-complaints

If you are resident in New Zealand, you may contact the Office of the Privacy Commissioner Te Mana Mātāpono Matatapu by post at PO Box 10 094, Wellington 6143, by telephone 0800 803 909 (Monday to Friday, 10am to 3pm) or by email ([email protected]).

Changes to this privacy notice

We may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately.

Any changes we make to our privacy policy will be posted on this page and, where appropriate or required, notified to you.