Privacy Policy: Rainbow Phi

[Last updated on 20th of September 2023]

INTRODUCTION

Rainbow Phi is an e-commerce platform (“Rainbow Platform”) that directly connects producers and sellers to buyers and provides delivery options for different products and locations. Our privacy policy applies to any user of the Rainbow Platform.

YOUR PRIVACY MATTERS

Welcome to Rainbow Phi’s privacy policy. (Last updated 20 th of September 2023).

This privacy policy is drafted to comply with the European General Data Protection Regulation 2016/679 (“GDPR”) and the UK retained GDPR and UK Data Protection Act 2018, as Rainbow Phi is registered in the UK and has its IT servers located in the UK. Reference in this policy is made to data controllers and data processors, personal data, processing and sharing, all of which are terms defined in the GDPR.

Rainbow Phi respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from and in what capacity) or when you deal with us in person or by email or by phone, and tell you about your privacy rights and how the law protects you. We offer our users choices about the data we collect and process as described in this privacy policy, cookie policy, settings and our support centre.

1) IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how Rainbow Phi collects and processes your personal data through your use of the Rainbow Platform, including any data you may upload onto, or provide through your use of, the Rainbow Platfom (for example, for the validation of your logon account and the know your client procedures).

The Rainbow Platform is intended for use by businesses or customers who are over eighteen, and is expressly not intended for children or use by children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your personal data.

CONTROLLER

Rainbow Phi collects your personal data to enable your use of the Rainbow Platform and in this respect, Rainbow Phi is the controller and responsible for your personal data (Rainbow Phi may be referred to as “we”, “us” or “our” in this privacy policy).

Rainbow Phi also collects and shares some personal data with the payment provider on this website where required, and in this respect Rainbow Phi acts as a data processor (as defined by the GDPR) and the payment provider is a separate data controller with their own privacy policy in respect of all personal data processed for the payment services.

YOUR RIGHTS

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to see what personal data we hold, please contact the data privacy manager.

Email address: support@r-ainbow.com.

Postal Address: 51 Lime Street, London, EC3M 3DQ, United Kingdom

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.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.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review.

Our platform will evolve, and we may from time to time introduce new features and functionalities, which may require the collection of new information. If we change the procedures of the data that we will collect or if we change the way we use your data, we will notify you and amend this privacy policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you object to any changes or if you are unhappy about the way, we use your data you may close your account anytime.

THIRD-PARTY LINKS

The Rainbow Platform may include links to third-party websites and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2) THE DATA WE COLLECT ABOUT YOU

The Rainbow Platform collects personal data from the individuals involved in the business transactions over the Rainbow Platform. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Rainbow collects and processes the following personal data about you:

1. Identity Data includes first name, last name, username or similar identifier, title, date of birth.

2. Contact Data includes personal or company entity address for billing or delivery, email address and telephone numbers.

3. Financial Data includes bank account and payment card details, if these are personal and not in the business or company name.

4. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

5. Technical Data includes 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 you use to access this website.

6. Usage Data includes information about how you use our website, products and services.

7. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

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 anonymised and then added to other anonymised data, so it is not considered personal data in law as this data will not directly or indirectly reveal your identity.

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.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to 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 goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3) HOW IS YOUR PERSONAL DATA COLLECTED?

We collect Personal Data about you through:

Direct interactions. You may give us your personal data (Identity, Contact and Financial Data) by filling in information online when you create an account on our website or subscribe to our service, publications or request marketing to be sent to you or when you give us feedback or contact us.

Automated technologies or interactions. As you interact with the Rainbow Platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We log your visits and journey as well as your use of our services, such as when you click, or view, connect content, perform search. We use logins, cookies, device information and internet protocol, ‘IP’ addresses to identify you and log your use. We use anti-fraud measures to monitor your activity and detect suspicious behaviour.

Your Device and Location. When you visit or utilize our platform or services, we receive information about your network, browser location (i.e, IP address, proxy server, operating system, web browser, device identifier and features, cookie IDs). If you use the platform via your mobile, and you do not have device location activated, we may ask you to opt-in to identify your location.

Please see our cookie policy here for further details.

Transfer of data received from other business partners. We may receive personal data from other business partners or third parties either in our capacity as a data controller, in which case this privacy policy applies, or as a data processor, in which case our processing of your personal data will be in strict compliance with the written instructions received from the data controller on whose behalf we are processing the personal data.

Your use of Messages / Chat function. We collect information about you/your company when you send, receive, or engage with messages through the Rainbow Platform. For example, if you get a product or service request, we track if you have reacted and we will send you notifications with reminders.

4) 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 in the following circumstances:

1. Where we need to perform the contract, we are about to enter into or have entered into with you.

2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

3. Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Rainbow Platform may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it. If we need to use your personal data for any other purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5) DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data for the purposes of payments and managing the “know your client” function required by payment platform.

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.

With your consent, we may work with third parties to offer you other services (marketing and development). Where you have consented to this use, we will ensure that third parties access your persona data in accordance with our written instructions only and subject to a data processing agreement.

We may have to share your personal data as part of raising investment, merger or change in control, or if changing the payment provider and if we do so, it will be based on our need and legitimate interests in doing so, and following the balancing of our need and legitimate interest with your protection as a data subject, to ensure you suffer no prejudice from such use. Accordingly, parties that may be part of our business will have the right to access and process your personal data in accordance with this Privacy Agreement, unless you object expressly or the third party has a separate and different legal basis for accessing and processing your personal data.

6) INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the UK, although you may provide your own details to a contracting party who is based outside of the UK when you enter into a contract with them.

When you place an order for goods or services from supplier or producer based outside the UK, it may be that you provide personal data directly to the supplier or producer or that some of the personal data you have provided to us is transferred out of the EEA and into a territory which does not provide the same level of data protection as is generally provided within the EEA and UK through the GDPR and the DPA. You will be asked to consent explicitly to such a transfer from the Rainbow Platform, to ensure that you are aware of the transfer of your personal data out of the EEA and UK, in accordance with the GDPR and DPA. We do not control data you have shared with others via Chat or through content you have uploaded using your account, although we will not process such personal data ourselves.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring we use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

7) DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures 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.

8) DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

Rainbow Phi 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, which in usual circumstances is for a period of seven years. 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.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see “your legal rights” section, below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

If you chose to close your Rainbow account, we will remove your personal data from our live databases within 7 days. We will retain your personal data records for 7 years from the date of closure of the account, in accordance with our legal and accounting obligations.

9) YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

1. Request access to your personal data (commonly 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.

2. 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.

3. Request erasure of your personal data. 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.

4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in 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.

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

6. 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.

7. 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.

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 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.