Privacy Policy

Privacy Notice

This Privacy Notice sets out how we at FernAI Limited use, protect and share the personal data that we collect from you when you use our website, when you use our platform, use our services, or when you interact with us or contact us in any other way.

Important information and who we are

FernAI Limited is the controller and is responsible for your personal data (collectively referred to as “FernAI”, “we”, “us” or “our” in this Privacy Notice).

Our full company details are:

• Full name of legal entity: FernAI Limited (incorporated in England with number 16966665)
• Email address: value@fernai.uk 
• Postal address: 2 Thornhurst, Burgess Hill, England, RH15 0BF

You can contact us at the above address should you have any questions about this Privacy Notice, or if you would like to exercise any of your rights under data protection law, which we set out below.

Third party links

Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact Data. Please check these policies before you submit any personal data to these websites or use these services.

What types of personal data do we collect about you?

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data including first name, last name, username or similar identifier, and information within such (e.g. date of birth, gender), business registration documents.
• Contact Data including email address, phone number, billing address, delivery address, location.
• Financial Data including payment method details (e.g. bank account and billing information).
• Transaction Data including payment details such as purchase history, invoice records, payment confirmations.
• Device Data including IP address, type of device used, unique device identifiers (e.g. IMEI, MAC address, mobile phone number used), mobile network information, operating system, browser type.
• Profile Data including account preferences, KYC status, service purchase history, your interests, preferences and feedback responses.
• Usage Data includes details of your visits to our website including, but not limited to, traffic data and other communication data.
• Marketing and Communications Data including marketing preferences, newsletter subscriptions, support ticket history, feedback.

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. 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. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We do not collect any “Special Categories of Personal Data” about you (this includes 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). Nor do we collect any information about criminal convictions and offences.

How is your personal data collected?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you provide us by filling in forms on the website and any information you provide us whilst we provide services, or by corresponding with us (for example, by email or chat). It includes information you provide when you subscribe to any of our services, search for a service and when you report a problem with our website. 

• Information we collect about you and your device. Each time you visit our website we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy https://fernai.co.uk/cookies for further details.

• Information we receive from other sources including third parties. We will receive personal data about you from various third parties as set out below

• Device Data from the following parties:
  • analytics providers;
  • advertising networks; and
  • search information providers.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services;
• Identity Data from KYC providers; and
• Device Data from third parties where they have shared access details of their sites.

Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of the website or our services and to remember your preferences. This helps us to provide you with a good experience when you browse our website and also allows us to improve the website. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy https://fernai.co.uk/cookies.

How we use your personal data

Data protection law requires us to have a legal basis for everything that we do with your personal data falling under one of the following categories:

• • Performance of a contract with you: Where we need to perform a contract we are about to enter into or have entered into with you.
  • Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and/or enable us to give you the best user experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  • Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to.
  • Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, in relation to receiving marketing emails from us.

• Vital Interests: We may process your personal data where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

We use your personal data in a number of different ways and for different reasons – the tables below set out what we do and why.

Purposes for which we will use your personal data

Where we need to collect personal data due to a legal or regulatory obligation, or for performance of a contract, and you do not provide that data when requested, 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 our services). We will notify you of this at the time.

Disclosures of your personal data

We may share your personal data with third parties who provide services to us, for example, our IT, communications, KYC, CRM, email and marketing automation and hosting providers. 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.

The categories of data recipients we may disclose your personal data to are as follows:

Service Providers and Processors. We engage third party service providers, from time to time, including:

• IT & website hosting, KYC, CRM, fulfilment, communications and analytics service providers;
• Professional advisors such as tax, banking, auditing, insurance and legal advisors (for example, as necessary for the establishment, exercise or defence of legal claims or to protect the rights or safety of the websites, our services or us;
• Consultants, insurance companies/claim managers and accountants; and
• Agents, suppliers or sub-contractors and other associated organisations where they are engaged by us to help deliver a service or product that we have instructed them on.

Third parties in case of a legal requirement. We also disclose your personal data if disclosure is required by law or in the context of an investigation, regulatory requirement, judicial proceeding, court order or legal process (including to law enforcement or competent authorities like the police/tax authorities, such as HMRC in the UK).

Third parties in case of a corporate transaction. In addition, information about our customers and users, including personal data, may be disclosed as part of any merger, sale, transfer of our assets, investment, acquisition, bankruptcy, or similar event, including while engaging with our actual or potential investors.

We may provide anonymous information to analytics and search engine providers to help us improve and optimise our services. We will only share this information in a form that does not directly identify you.

International transfers

Whenever we transfer your personal data out of the UK or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data, or
• Where we use certain service providers or transfer your data back to you where you are in a country not deemed to provide an adequate level of protection for personal data, we may use specific standard contractual terms approved for use in the UK and EU which give personal data the same protection it has in the UK and EU.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. 

We are committed to protecting individuals’ personal data. We put in place appropriate technical and organisational measures to help protect the security of your personal data. However, be aware that no system is ever completely secure.

We have put various safeguards in place to guard against unauthorised access and unnecessary retention of personal datain our systems. These include pseudonymisation, encryption, access, and retention policies. Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.  For further information about specific retention periods, please contact us 

Your legal rights

You have a number of rights under data protection laws in relation to your personal data.

You have the right to:

• Request access to your personal data (commonly known as a “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 data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

• You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process your personal data.  However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:

• If you want us to establish the data’s accuracy;

• Where our use of the data is unlawful but you do not want us to erase it;

• 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

• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us.

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 if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these 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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Contact us if you have a question or a complaint 

You have the right to make a complaint at any time to the relevant data protection regulator.  In the UK this is the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach any regulator, so in the first instance please contact us.