Privacy and Cookies Policy
Last updated: December 2019
- What does this notice cover?
- What information do we collect?
- What information do we receive from third parties?
- How do we use this information and what is the legal basis for this use?
- Withdrawing consent or otherwise objecting to direct marketing
- Who will we share this data with, where and when?
- How long will we retain your data?
- What rights do you have?
- Data controllers and getting in touch
- How can you manage cookies?
What does this notice cover?
It also describes your data protection rights, including a right to object to some of the processing which we carry out or, where we rely on consent, how to withdraw that consent. More information about your rights, and how to exercise them, is set out in the “What rights do you have?” section.
We may provide additional information about our privacy practices at other points, for example, when we ask you to provide personal information in connection with a particular service or functionality, and where this will help us provide more relevant and timely information.
We reserve the right to make changes to our practices and this notice at any time. If we change the way we handle your personal information, we will update this notice and notify you as appropriate. Any defined terms used in this notice shall have the same meaning given to them in the Platform Terms.
Unless otherwise stated, Ampay Limited acts as the data controller responsible for the data processing operations described in this notice.
What information do we collect?
This notice applies to Contributors, Customers and other visitors to our Website (“you”).
We collect and process personal data about you when you interact with us and our Website, and when you offer or purchase Subscription Content or Additional Content or pay a Tip. This includes:
• Account information. When you sign up for an Account, we require certain information such as your name, username and password, your age or date of birth and email address;
• Profile information. To use certain features of the Website, we may ask you to provide additional information such as a mobile number or profile picture;
• Identity verification information. If you are a Contributor, we require images of your government issued ID, passport, national ID card or driving licence or other authentication information, your address and contact details to verify your identity and to provide the payment services to you as permitted under applicable laws;
• Payment information. To use certain features of the Website, we require billing address, bank account and credit or debit card details in order to process payments;
• Your marketing preferences, including any consents you have given us;
• Information we automatically collect from your use of the Website including technical information about your device including your device's internet protocol (IP) address, your browser type and version, time zone setting, and operating system and platform; and (ii) information about your visit, including the URL clickstream to, through and from our Website (including date and time), your account/session activity (when logged in), information about your approximate location (country level), the content (and any ads) that you view or interact with, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Some of this information is collected using cookies and related technologies, log data and device information;
• User Generated Content (including Contributor Content) that a User supplies/uploads to the Website;
• Communications with us, the Website and other Users;
You must be at least 18 to use the Website and we do not knowingly collect any personal information directly from children under this age. If you believe that we are processing the personal data relating to a child inappropriately, we take this very seriously and urge you to contact us using the details in the Data Controllers and Contact Us section below.
What information do we receive from third parties?
Sometimes, we receive information about you from third parties. In particular:
• Background and ID checks information to the extent permitted under applicable law;
• Fraud screening information from our payment gateway provider;
• Notification from a mobile network or aggregator that a specific mobile phone number is age verified or not.
How do we use this information, and what is the legal basis for this use?
We process this personal data for the following purposes:
• To fulfil a contract, or take steps linked to our contract with you. This includes:
o verifying your identity;
o taking and making payments;
o provide the services you have requested;
o communicating with you; and
o providing customer services such as answering the queries you may have in relation to our contractual relationship with you.
• As required by us to conduct our business and pursue our legitimate interests, in particular:
o we will use your information to enable you to access and use the Website and to communicate with other Users as well as to provide services you have requested, and respond to any comments or complaints you may send us;
o we will send you service or support messages, updates, security alerts, and account notifications;
o we monitor use of the Website, and use your information to help us monitor, improve and protect our content, services and Website, both online and offline. This includes the detection of fraud, spam, security incidents and other harmful activities. We do not review any User Generated Content prior to it being uploaded or once it is live on the Website but we reserve the right to take it down and/or restrict access to any User Generated Content supplied by any person if we think it contravenes our terms and conditions. We do not, and are under no obligation to oversee, monitor or moderate any Interactive Services;
o to enforce our terms and conditions and other relevant policies
o we use information you provide to personalise our Website, products or services for you;
o if you provide a credit or debit card as payment, we obtain information from our payment gateway provider to validate the cards used on our Website for fraud prevention purposes
o we monitor your Accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
o we use information for our own internal functions such as keeping our Website secure, management and corporate reporting, and to improve business efficacies;
o we use information to create aggregate and statistical data (which cannot be used to identify you) for industry and market analysis, research, and regulatory compliance. For example, aggregate data may include data that describes the general demographics, activity, usage or other characteristics of our Users. We reserve the right to transfer and/or sell aggregate or group data about our Users for lawful purposes;
o we use information you provide to investigate any complaints received from you or from others, about our Website or our products or services;
o we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
o we use data of some individuals to invite them to take part in market research;
Relying on our legitimate interests:
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this notice.
• Where you give us consent:
o where you ask us to send you promotional messages, marketing or advertising about our products, services and other information you may be interested in, in accordance with your communications preferences and to the extent permitted by applicable laws. This includes being contacted by any of our group companies for these purposes (please see below about how you can control these communications);
o we place cookies and use similar technologies in accordance with our Cookies Section below and the information provided to you when those technologies are used;
o on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
• For purposes which are required by law:
o to verify you are over the age of 18 to comply with relevant UK age verification legislation where applicable .
o in response to requests by government or law enforcement authorities conducting an investigation and to comply with our legal obligations (such as anti money laundering regulations)
Withdrawing consent or otherwise objecting to direct marketing
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.
Who will we share this data with, where and when?
We will share your personal data with the AFG group companies for payment purposes, the provision of certain communications services, for management and corporate reporting, research and development or otherwise to promote our servicesThe list of AFG group companies we can share your data with can be found here.
We will share your profile information, username, User Generated Content and other information you agree to share or publish, with other Users to facilitate interactions on the Website.
Personal data may be shared with government authorities such as tax authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
Personal data will also be shared with third party service providers, who will process it on our behalf for the purposes identified above. In particular, we use third party providers of [website hosting, email marketing services, maintenance, call centre operation and identity/background checking services]. We will also share personal data with our payment gateway, ACI Worldwide.
In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
Your personal data is stored on servers in the UK and is supported from the European Union. All our group companies are also based in the UK. In the event that your personal data is transferred outside of the UK or the EEA to a country which is not subject to an adequacy decision by the EU Commission or considered adequate as determined by applicable data protection laws, we will take steps to ensure your personal information is adequately protected (eg by way EU Commission approved Standard Contractual Clauses or by relying on such other data transfer mechanisms as available under applicable data protection laws). A copy of the relevant mechanism can be obtained for your review on request by using the contact details below.
How long will we retain your data?
Where we process Account data, we do this for as long as you are an active user of our Website and for 2 years after this. We keep credit or debit card informaton for up to 5 years after your last transaction.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Where we process personal data for site security purposes, we retain it for as long as you are an active user of our Website and for 2 years after this.
Where we process personal data in connection with performing a contract, we keep the data for up to 6 years from your last interaction with us. We also retain certain Payment Information for up to 10 years to comply with VATMOSS legislation.
For more information on how long we retain your data or the criteria used to determine the period, please contact us using the details below.
What rights do you have?
You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.
In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in both the GDPR and in the Data Protection Act 2018. We will inform you of relevant exemptions we rely upon when responding to any request you make.
To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us using the details set out below.
If you have unresolved concerns, you have the right to complain to the Information Commissioner’s Office in the UK or another EU data protection authority where you live, work or where you believe a breach may have occurred.
When we collect your data we will outline where the provision of information is mandatory. If you do not provide this information, such as payment information, we will not be able to provide certain services.
Data controllers and getting in touch
The relevant controller for the information processed by this Website is:
Ampay Limited a company registered in England under company number 03888013, with its registered office at Calder & Co, 30 Orange Street, London, United Kingdom, WC2H 7HF. We are registered with the ICO: Z8799523
We hope that we can satisfy queries you may have about the way we process your personal data. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at [email address] or by writing to [physical address].
Cookies allow a website to remember your preferences, improve the user experience and tailor the adverts you see to those that are most relevant to you. Cookies are sent back to the originating site on each subsequent visit or to another site that recognises the cookie.
We also use other forms of technology which serve a similar purpose to cookies and which allow us to monitor and improve our Website. We use these in connection with cookies to help operate our websites and emails and collect information about online activity. When we talk about cookies in this notice, this term includes these similar technologies.
1. To provide you with the service you have requested. We use these cookies to enable you to move around our sites and apps and to use their features - for example, to provide a secure login.
2. To provide you with a better browsing experience based on the choices you make. We use these cookies to remember choices you make such as the country you visit our website from, language and search parameters. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
3. To analyze and improve your browsing experience. We use these cookies to analyse site usage so we can measure and improve performance - for example, to make sure the website looks consistent, to gather statistics about its use and to know if you use certain functionality. They also allow our Website to remember choices you make (such as your user name or the region you are in) and to provide you with enhanced and more personalised features
For more information on about which third parties place these cookies and to learn how to opt out of them, visit our Cookie Consent Tool.
How can you manage cookies?
Session cookies are used for your current browser session and will expire after you close your browser. Persistent cookies are used to enhance your experience between website visits and will remain on your computer until you delete them or until they [reach their set expiry date – include date or link where this is available]. You always have the ability to manually delete cookies.
You can change your cookie preferences and withdraw your consent at any time using our Cookie Consent Tool.
You may also set your browser to block all cookies or to indicate when a cookie is being set, although our services may not function properly if your cookies are disabled. To find out how to control or disable cookies within most browsers, consult the "Help" section of your browser or device or visit www.allaboutcookies.org.