In this privacy notice, “we” and “our” relates to Powered Now Limited company number 07647786 which is a company registered in England and Wales.
“You” and “your” relates to the natural person reading this document that is authorised by their business and that is considering subscribing or subscribes to the Powered Now system or is an employee or subcontractor of such a business.
The “Powered Now System” refers to the app and services we provide to help you or your colleagues run your business.
Why we are processing your data
The purpose of the processing is to enable us to provide a service to smaller, mostly field-based trade companies that wish to have their company administration automated. We also let you know about the status of the Powered Now System and what the system is able to do for what price. We will provide explanations of how to use our product and update you on new features.
What data do we hold?
We hold the data that you (or someone from your company) inputs or confirms. This data is limited to the information described here even if you login with Google or Facebook.
The data we hold consists of your name, address, email, phone number, and other means of contacting you that you supply to us, for instance your address for messaging. When appointments or absences are entered into our diary system, we record your planned movements. We also hold data that is generated when you input to or instruct the system, for instance by typing in chat or raising an invoice or a quotation.
In addition, your location track over time is recorded when this feature is enabled.
For each device where you use the Powered Now System we hold your IP address (Internet address), model and operating system version of the device so that we can solve problems when they occur which require this information. We also hold this information in order to limit the number of devices to what you have paid for.
We hold notes or the actual messages that you have input into the Powered Now System when you send by text, email or messages and any replies to those messages. We do not access or hold any messages or emails that you have sent independently of the Powered Now System.
Our terms and conditions do not permit you to enter into the Powered Now System any personal information relating to race, religion, political affiliation, trade union membership, sexual orientation, medical or genetic history and the Powered Now System does not store any information of this nature.
How we service your needs
We provide most of our services to you on the legal basis of Contract as your processor. This is the terms and conditions that you agree to when you license our software by registering your details with us. We inform you of the status of your free trial of the Powered Now System, process all of the requests that you make in the software as well as informing you how to use the software and any additional features that have been released. We always offer you the opportunity to opt out of either or both of these last two types of communication at any time that you want to.
Processing data about your contract with us
If they ask us, we also hold data about our commercial relationship with you, that is invoices and payment details, on the basis of Legal Obligation where we have to hold this information for tax and statutory authorities.
Co-operating with trade associations and bodies that can authorise workers such as Gas safe
We check that you have the memberships and authorisations that you claim to have.
Co-operating with legal authorities
We will pass information about you and your business to legal authorities who have the legal right to demand such data.
How we market
Powered Now never share your personal details with any third party in order that the third party can market their products or services to you.
Our sales staff contact many of you who have soft opted in to tell you about Powered Now’s services, what the benefits are, to provide periodic special offers and discounts and to explain how to subscribe to the Powered Now system. We provide an opt out with each such communication we make to you.
We provide your email address and/or phone number and/or messaging address to help the platforms where we advertise find other people similar to you who may be interested in Powered Now’s Services. This means that more relevant advertisements can be shown to these people. They do not see your details and your details are not used for any other purpose.
For all of these direct marketing activities, we use Legitimate Interest as the legal basis and therefore you have the option to object and then be exempted from all of this processing.
If you have not agreed to our terms and conditions and created a logon (i.e. registered), we will only ever directly market to you on the basis of explicit Consent from you and you have the right to opt out of Consent at any time.
We occasionally source data from publicly available lists of trade companies to use only to target advertising as described above and again under Legitimate Interest. We never use this data to directly contact the companies.
Our Legitimate Interest is to provide marketing information to people running businesses who have expressed their interest in our products and services by registering their details and agreeing to our license agreement. These are people that will expect to have further details of the product and how to subscribe to it. We also have a Legitimate Interest in finding other, similar, people and our advertising suppliers similarly have a Legitimate Interest in displaying the most relevant ads.
You can request the complete deletion of your details from our systems if you have registered with us and never had a subscription. If you have had a subscription, we are legally obliged to keep details of our dealings with you but you can request that we do not contact you in with any marketing.
Processors and sub-processors
Your data will be passed to the following categories of third parties so that we can provide the service that we promise but in some cases also to tell you more about our products and services:
|Category||Third party sub-processor|
|Checking and looking up information from personal information provided to save you time entering that information.||Postcode, zipcode and similar validation and address lookup; Companies House data lookup; lookup of name, address, phone number and email address from your device contact list (only when you are putting details in, we look up the specific contact). All of these lookups are to save you typing when you are registering or creating contacts. We only obtain the basic details of your contacts, we do not obtain any records of texts or calls that you have made.|
|Running our service, sending communications||Email sending: currently Sendgrid and Intercom; Text sending: currently Twilio; Making one to one telephone calls: currently Ring Central; cloud service: Amazon Web Services (AWS)
Use of Messenger and WhatsApp for communication in the future.
|Administering the service and processing information about how our system is running, finding and fixing problems plus developing new features||Powered Now Hungary KFT are our sub-processor and use various technical services provided by third parties to manage software development, monitor the service and find and fix faults.|
|Providing support to our customers||Support, internal discussion and bug and task tracking: currently Intercom, Flowdock, Atlassian Jira, other highly technical fault finding systems, monitoring and crash dump systems. All of these, other than Intercom, typically have low volumes of personal data and your data is only used when there is a problem or you raise a query.|
|Advertising||Facebook, Google, Twitter, LinkedIn, Youtube, Spotify and similar companies where the limited data listed above is provided to enable people of similar interests to receive advertisements.|
|Taking payment from you||Billing, card and banking payment systems, currently: where you arrange billing this uses Apple (iTunes) or Google (Google Play); where Powered Now directly arranges the billing with you Chargebee, Go Cardless and Braintree, a subsidiary of Paypal. These third-party services store your basic personal and payment details. Powered Now does not handle any card information directly in any of these cases and may replace or augment Braintree and other similar systems with other payment services in the future.|
|Processing payments on behalf of your customers||Paypal and similar payment services. Powered Now does not handle any card information directly in any of these cases.|
|Helping you to feedback on our products and services||Trust Pilot and similar review services. By supplying your email address when you are a customer this allows the review service to either ask for a review or validate that you are a real customer when you submit a review.|
|Marketing to you||Web based marketing systems, currently: Infusionsoft, Intercom, Ring Central.|
The third-party processors that we use are large responsible companies or organisations and we ensure that they have appropriate technical and organisational measures in place to protect your data. Many of these use sub-processors themselves such as cloud services like Amazon Web Services or Microsoft Azure to run their own services.
Powered Now make their best endeavours to ensure that all third parties treat your personal data in a legal and appropriate way.
We endeavour not to transfer the data of EU citizens outside the EU but where we cannot avoid it we will only do so via a third party that have conformed to all of the appropriate EU legislation providing equivalent protection to that if the data was retained within the EU.
How long do we hold your data?
Retention periods for data are dependent on the following:
- Chat and Location Tracking Data is deleted after 60 days unless you specify a different deletion time in the Powered Now System. If you registered with us before this Privacy Notice v2 came into effect this data will be deleted after 365 days by default.
- The prevailing legal retention period where there is a statutory need for you or us to retain the data e.g. invoicing data and its related information. This is typically six years after the tax year end to which the data relates. We therefore hold such data for eight years and may retain it for longer if any enquiry or dispute relating to the data is under way.
- The prevailing period over which our analysis shows that licensees may decide to use their logon data. Recently it has been up to three years after people have licensed the software for a trial that they have subsequently become paying subscribers so this is the retention period that we use.
- We will always inform you before we delete your data.
- We will completely delete your data on request where you have never subscribed to our software.
- We will delete your transactional data two months after you cease to be a subscriber as this is the highest volume of data that we hold. We can retain that data for eight years on payment of a peppercorn fee.
We do not currently use personal data for any automated decision making within Powered Now or the Powered Now system other than we send you different emails, notifications or other electronic communication tailored to you depending on which features in Powered Now you have used, tried to use or not used and also on your company size and type. Some advertisers, particularly Facebook and Google but there are others, are used by us and decide what advertisements to show to people based on automated processing of personal information, in order to make those advertisements as relevant as possible to the people who see them.
You have a number of rights including receiving the information contained in this document (“the right to be informed”). Other rights are the right to opt out of any communication from us (other than where we have to contact you in relation to our contract with you), the right to object to your personal information being used for marketing purposes under the legal basis of Legitimate Interest and the right to withdraw your Consent to being marketed to at any time if you have previously given your Consent.
You have the right to have your data totally deleted when you have not been a paying subscriber. If you are or have been a paying subscriber, we process your personal data in order to provide our services and also need to retain data in order to meet statutory reporting including to tax authorities. Where that is true you do not have the right to have such data deleted, you do however have the right to have your processing restricted which means we will never use your data again apart from related to any statutory requirements.
You have the right to see the data held about you and to receive a copy. You have the right to have any errors corrected. You have the right to not have your data used in any way in marketing profiling or under any of the areas where we process your data under Legitimate Interest.
You have the right to ask and be told where your data came from.
You can exercise any of these rights by contacting our support team on firstname.lastname@example.org or making a request through our in-app chat. Please start all requests with “GDPR Request” and then explain which right you wish to exercise. There will be no charge.
You have the right to lodge a complaint with the information Commissioner’s Office (ico.org.uk) if you believe any of your rights are being infringed.
Acting as a processor for you
Powered Now will act as your processor in processing customer, supplier and employee data through our system and on your behalf and on your instructions as communicated by using the Powered Now System or as otherwise communicated to us in your role as data controller. It is your responsibility as the controller to inform your customers, suppliers and employees of your processing and their rights, and to conform with the General Data Protection Regulations (GDPR) as this Privacy Notice and our Terms and Conditions does not relieve you of your own responsibility.
The purpose of the processing is to enable you to run your business efficiently and provide an excellent administration service in relation to work that you do for your customers.
The data held for employees will be the same as that held for you as explained above. The data held for suppliers and customers will be their names, addresses, emails, phone numbers, any other electronic means for contacting them and the transactions undertaken between them and you.
Chat and Location Tracking data will be held for 60 days or as otherwise specified by you. Other data will be held for eight years, supporting the need for information required by the tax authorities to be held for this period.
We will use sub-processors as explained elsewhere in this document and you give your permission for this. Each sub-processor will agree to keep the data controller’s data confidential as do we, with the exception of where it is required to satisfy a lawful request from a legally authorised entity.
We will assist you in meeting your own GDPR responsibilities including fulfilling all valid requests coming from data subjects where we hold the data and submitting to audits and inspections including of our processing records and co-operating with the ICO and informing you of breaches of the GDPR regulations. We will also explain on request our obligations and actions in relation to security measures and the notification of personal data breaches and provide help as required with data protection impact assessments.
We will delete data as required by you provided we do not have to hold it due to a legal obligation.
If you cease to be a subscriber to the Powered Now System we will give at least one month’s notice before deleting any of your data other than as described in this document.
Data Protection Officer
The Data Controller / Data Processor is Powered Now Ltd and can be contacted at email@example.com or called on UK: 0800 368 8153 or: +44 (0) 2382 120 195.
The Data Protection Officer is Christopher Barling who can be reached via the above contact details.