Privacy, Data Protection and Cookies Policy
1. Introduction
Welcome to Motion BI’s Ltd (MBI/us/we) data protection, privacy, and cookies policy. MBI is a company registered in England and Wales with company number: 12241046. Its registered office is at 6 Lichfield Street, Burton On Trent, Staffordshire DE14 3RD.
MBI respects Data Subjects’ privacy and is committed to protecting Data Subjects’ Personal Data.
MBI aims at all times to process and collect Data Subjects’ Personal Data lawfully, transparently, fairly and without adversely affecting the rights of a Data Subject. Please read the following carefully to understand our practices and procedures.
Please note:
Our nominated representative, as Data Privacy Manager for the purpose of the Data Protection Legislation is Stefan Kozurek.
If you are not satisfied with any action taken by us or response given, you have the right to complain to Information Commissioner at www.ico.gov.uk, or help line telephone number: 0303 1231113.
2. Definitions
In this policy the following terms shall have the following meanings:
Cookie: a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site.
Consent: agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action, signify agreement to the Processing of Personal Data relating to them.
Controller: the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the UK GDPR.
Cookie Law: means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
Data Protection Legislation: the UK GDPR and the Data Protection Act 2018.
Data Subject: a natural identifiable person.
Our Site: the website operated by MBI, as defined below.
Personal Data: has the meaning set out in the Data Protection Legislation, being as at the data of this policy, any data which identifies a natural person (by way of example, name, address, phone number and so on).
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
3. What this policy also covers
This policy also explains:
a) What Personal Data is collected and stored by MBI:
i) On our website, when users interact with it;
ii) When users download from Our Site;
iii) When MBI performs services and provides products for and on behalf of its clients;
iv) How the information is used;
v) With whom the information may be shared;
vi) What choices are available to Data Subjects regarding collection, use and distribution of the information;
vii) What kind of security procedures are in place to protect the loss, misuse or alteration of information under MBI’s control;
viii) How Data Subjects can correct any inaccuracies in the information; and
ix) How Data Subjects can request the information MBI process and store to be removed.
4. Who this policy applies to
This policy applies to MBI and its directors, employees, agents and contractors. It also sets out what data MBI collects and stores in the course of its business, in its dealings with its clients and prospective clients and users Our Site, further details of which are set out below.
5. There may be other terms that may apply
In addition to this policy, other policies and terms and conditions may apply to MBI’s clients. When MBI enters into contracts with its clients for the performance of services, it will notify its clients at that stage, what additional terms apply.
6. Our Site
MBI operate Our Site using the URL: www.motionbi.co.uk. For those Data Subjects who interact with Our Site, terms of service apply which can be found at motionbi.co.uk/terms-of-service/. For those Data Subjects who do not agree to our terms of service and this policy, they should navigate away from Our Site immediately.
7. MBI may make changes to this policy
MBI keep this policy and our terms of service on Our Site under regular review. We may need to change this policy and our terms of service for a variety of reasons. By way of examples: to reflect changes to the products and services we offer, user’s needs, regulatory or legal requirements. Every time a user of Our Site or client enters into any contractual arrangements with MBI, please check these terms to ensure you understand the terms that apply at that time. These terms were updated on 7th August 2023.
It is important that the Personal Data MBI hold about Data Subjects is accurate and current. Please inform us if your Personal Data changes during your relationship with MBI.
8. Children under the age of 18
Persons under the age of 18 are not eligible to buy MBI’s products or services and MBI asks that minors do not submit any Personal Data to us. We will not knowingly accept any data from a person who is under the age of 18 years.
9. Personal data protection principles
9.1 MBI adhere to the principles relating to Processing of Personal Data set out in the UK GDPR which require Personal Data to be:
a) Processed lawfully, fairly and in a transparent manner (lawfulness, fairness and transparency);
b) collected only for specified, explicit and legitimate purposes (purpose limitation);
c) adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (data minimisation);
d) accurate and where necessary kept up to date (accuracy);
e) not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (storage limitation);
f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (security, integrity and confidentiality);
g) not transferred to another country without appropriate safeguards in place (transfer limitation); and
h) made available to Data Subjects and allow Data Subjects to exercise certain rights in relation to their Personal Data (data subject’s rights and requests).
9.2 MBI is responsible for and must be able to demonstrate compliance with the data protection principles listed above (accountability).
10. Lawfulness, fairness and transparency
10.1 MBI is committed to ensuring that Personal Data is Processed lawfully, fairly and in a transparent manner in relation to the Data Subject and for specific purposes.
10.2 The UK GDPR allows Processing for specific purposes, some of which are set out below:
a) the Data Subject has given their Consent;
b) the Processing is necessary for the performance of a contract with the Data Subject;
c) to meet MBI’s legal compliance obligations;
d) to protect the Data Subject’s vital interests; and/or
e) to pursue our legitimate interests (or those of a third party) for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices.
10.3 The data MBI collects from Data Subjects
MBI may collect, use, store and transfer various kinds of Personal Data about Data Subjects which we have grouped together as follows:
a) Identity Data includes first name and last name.
b) Contact Data email address and telephone numbers.
c) Financial Data includes bank account details.
d) 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.
e) Usage Data includes information about how you use Our Site, and our products and services.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from Data Subjects’ Personal Data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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 policy.
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.
10.4 If you fail to provide Personal Data
Where MBI is required to collect Personal Data by law, or under the terms of a contract we have with our clients and the relevant Data Subject fails to provide that data when requested, MBI 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, MBI may have to cancel a product or service and will notify the relevant party if this is the case at the time.
10.5 How is your Personal Data collected?
MBI uses different methods to collect data from and about Data Subjects including through:
a) Direct interactions. Data Subjects may give us their Identity or Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data a Data Subject provides when they:
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- make an enquiry with us for a product or services;
- enter into a contract with us for the supply of our products or services; or
- give us feedback or contact us.
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MBI collects Technical Data from the following parties:
a) analytics providers such as Google based outside the UK.
11. Use of your information
11.1 MBI will use the data collected about Data Subjects in the following ways:
a) to provide products and services to them, to perform contracts with its clients;
b) improve the efficiency of Our Site;
c) to develop products or services;
d) to notify you of changes to our products services;
e) to understand our customer requirements and preferences, perform analysis and comparisons;
f) to administer and update Our Site to ensure it runs smoothly on Data Subjects’ hardware;
g) to offer a Data Subject support in the event that a Data Subject has a problem or an issue with Our Site;
h) to comply with any legal or regulatory obligations we may have for example to HMRC;
i) where it is in MBI’s legitimate interest to do so, where MBI have considered and balanced any potential impact on the relevant Data Subjects. For example, where our insurers have requested that we retain information.
Please see further details in the table below and please also refer to the “Cookies” section.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To deal with a Data Subjects’ enquiry | (a) Identity (b) Contact |
The Data Subject has given us their consent. |
| To register a new client | (a) Identity (b) Contact |
Performance of a contract with the client. |
|
To manage our relationship with a client which will include: |
(a) Identity |
(a) Performance of a contract with a client. (b) Necessary to comply with a legal obligation. (c) Necessary for MBI’s legitimate interests (to keep our records updated and to study how clients use our products/services). |
| To deal with the financial aspects of a relationship with a client which include chasing the relevant personnel within the client for overdue payments. |
(a) Contact (b) Financial |
Performance of a contract with MBI’s clients. |
| To administer and protect our business and Our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for MBI’s legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To use data analytics including Cookies) to improve our website, products/services, client relationships and experiences. |
(a) Technical (b) Usage |
Necessary for MBI’s legitimate interests (to define types of customers for our products and services, to keep Our Site updated and relevant, to develop our business. |
12. Where MBI store your Personal Data
12.1 MBI uses Microsoft 365 and all data collected is stored in the United Kingdom, on secure services pursuant to Microsoft 365’s terms and conditions and privacy policy which can be accessed at Microsoft Services Agreement.
12.2 MBI uses SSL (Secure Sockets Layer) technology to encrypt the data on the Our Site.
12.3 Our Site also uses Our website uses Google reCAPTCHA that helps to combat spam and abuse. An extract of the information regarding Google reCaptcha in their privacy and cookie policy as at the date of this policy is detailed is shown below:-
Google reCAPTCHA
By using our contact form you agree to use the implemented reCAPTCHA v3 on our site and use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA may only be used to fight spam and abuse on this site. reCAPTCHA will not be used for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with your use of the service will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalised advertising by Google. Pursuant to Section 3(d) of the Google APIs Terms of Service, we agree that if you use the APIs that it is our responsibility is to provide any necessary notices or consents for the collection and sharing of this data with Google.
12.4 In addition, MBI takes all reasonable technical, organisation and security steps to ensure that the information a Data Subject supplies to us is secure.
13. Data retention
13.1 How long MBI will use personal data for.
MBI 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 our clients or a relevant Data Subject.
13.2 To determine the appropriate retention period for Personal Data, MBI will consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of the Data Subject’s Personal Data, the purposes for which we process the Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
13.3 By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after they cease being clients for tax and insurance purposes.
13.4 In some circumstances a Data Subject can ask us to delete their Personal Data (please see the legal rights section below for further information).
14. Data Subjects legal rights
Data subjects have the right to:
14.1 Request access to their Personal Data (commonly known as a “data subject access request”). This enables a Data Subject to receive a copy of the Personal Data MBI hold about the relevant Data Subject and to check that we are lawfully processing it.
14.2 Request correction of the Personal Data that MBI hold. This enables a Data Subject to have any incomplete or inaccurate data MBI hold about them corrected, though we may need to verify the accuracy of the new data the Data Subject provides to us.
14.3 Request erasure of Personal Data. This enables a Data Subject to ask MBI to delete or remove Personal Data where there is no good reason for us continuing to process it. A Data Subject also has the right to ask us to delete or remove their Personal Data where they have successfully exercised their right to object to processing (see below), where we may have processed a Data Subject’s information unlawfully or where we are required to erase the Data Subject’s Personal Data to comply with local law. Note, however, that we may not always be able to comply with a Data Subject’s request of erasure for specific legal reasons which will be notified to them at the relevant time and if applicable, at the time of your request.
14.4 Object to processing of a Data Subjects’ Personal Data where MBI is relying on a legitimate interest (or those of a third party) and there is something about a Data Subject’s particular situation which makes them want to object to processing on this ground as they feel it impacts on their fundamental rights and freedoms. Data Subjects also have the right to object where we are processing their Personal Data for direct marketing purposes. In some cases, MBI may demonstrate that we have compelling legitimate grounds to process a Data Subject’s Personal Data which overrides their rights and freedoms.
14.5 Request restriction of Processing. This enables a Data Subject to ask MBI to suspend the processing of their Personal Data in the following scenarios:
a) If they want us to establish the data’s accuracy.
b) Where our use of the Personal Data is unlawful but they do not want us to erase it.
c) Where they need us to hold the data even if we no longer require it as they need it to establish, exercise or defend legal claims.
d) They have objected to our use of their Personal Data but we need to verify whether we have overriding legitimate grounds to use it.
14.6 Request the transfer of a Data Subject’s Personal Data to them or to a third party. MBI will provide to the relevant Data Subject, 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 the Data Subject.
14.7 Withdraw Consent at any time where MBI are relying on Consent to process Personal Data. However, this will not affect the lawfulness of any processing carried out before the Data Subject withdraws their Consent. If they withdraw their Consent, we may not be able to provide certain products or services to the Data Subject. MBI will advise the relevant Data Subject if this is the case at the time the Data Subject withdraws their Consent.
14.8 How Data Subjects exercise their legal rights: Please contact us or write to us at our registered office.
14.9 No fee usually required
A Data Subject will not have to pay a fee to access their Personal Data (or to exercise any of the other rights). However, MBI may charge a reasonable fee if A Data Subject’s request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with the request in these circumstances.
14.10 What we may need from a Data Subject
MBI may need to request specific information from a Data Subject to help us confirm their identity and ensure their right to access their Personal Data (or to exercise any of their 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 the Data Subject to ask them for further information in relation to their request to speed up our response.
14.11 Time limit to respond
MBI try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if a Data Subject’s request is particularly complex or they have made a number of requests. In this case, we will notify them and keep them updated.
15. Security integrity and confidentiality
15.1 MBI store Personal Data with the appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage in place.
15.2 It implements and maintains safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others, and identified risks, including the use of the following:-
a) encryption and pseudonymisation where applicable;
b) VPN software;
c) Multi-factor authentication;
d) Antivirus and anti-malware software.
15.3 MBI regularly evaluates and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data.
16. Reporting a Personal Data Breach
16.1 The UK GDPR requires Controllers to notify any Personal Data Breach to the Information Commissioner and, in certain instances, the Data Subject.
16.2 MBI have put in place procedures to deal with any suspected Personal Data Breach and will notify the Data Subject or any applicable regulator where we are legally required to do so.
17. Disclosure of your information
17.1 MBI will share Personal Data with:
a) Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
b) Selected third parties including analytics and search engine providers that assist us in the improvement and optimisation of Our Site.
c) To HMRC, regulators and other authorities.
d) To a prospective buyer or seller if MBI propose to sell or buy any business or assets.
e) If any of the shares in MBI are sold or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its clients will be one of the transferred assets.
f) If MBI are under a duty to disclose or share your Personal Data to comply with any legal obligation, or to enforce or apply our terms of business or terms of use, and other agreements; or to protect the rights, property, or safety of MBI, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.
18. Cookies on Our Site
18.1 All Cookies used by MBI on Our Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
a) Strictly Necessary Cookies (SNC) – a Cookie falls into this category if it is essential to the operation of Our Site, supporting functions such as logging in.
b) Analytics and Flash Cookies (AFC) – it is important for MBI to understand how Data Subjects use Our Site. For example, how efficiently they are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping us to improve Our Site and Data Subjects’ experience of it.
c) Functionality Cookies (FC) – enable us to provide additional functions to you on Our Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
d) Persistent Cookies (PC) – any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on a Data Subject’s computer or device for a predetermined period and are activated each time they visit Our Site.
e) Session Cookies (SC) – any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on a Data Subject’s computer or device from the point at which they visit Our Site until they close their browser. Session Cookies are not deleted when a Data Subject closes their browser, to delete these Cookies they will need to clear their browser history.
f) Web beacons (WB) – certain pages on Our Site and e-mails may contain small electronic files known as web beacons. Web beacons permit MBI to monitor the volume of users of Our Site and the popularity of certain pages.
18.2 Cookie compliance. Before Cookies are placed on a Data Subject’s computer or device they will be shown a cookie compliance statement, requesting their consent to set those Cookies. By giving consent to the placing of Cookies a Data Subject is enabling MBI to provide them with the best possible experiences and services to them. A Data Subject may wish to deny consent to the placing of the Cookies at which point we request they cease using Our Site.
18.3 Enabling and disabling Cookies. In addition to the controls that MBI provide, a Data Subject can choose to enable or disable Cookies and the web beacons referred to above in your internet browser. Most internet browsers also enable a Data Subject to choose whether they wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please access the help menu in the relevant internet browser.
18.4 Cookies used. In the table below, you can see what external tools MBI are using, who provides these tools, what kind of data in form of Cookies we are collecting, how long this data is held and who has access to this data:
| Name of Cookie | Purpose | Length of time stored |
| wp_session | WordPress uses an essential session cookie which allow our website to remember users when they move between web pages. These cookies tell the server what pages to show the user so the user doesn’t have to remember where they left off or start navigating the site all over again. | 15 days |