Ferly’s Privacy Policy

PRIVACY NOTICE

This is our privacy notice. We've taken care to make it plain and simple so you aren't confused by any legal jargon! 

When you use our App or our website, our data protection and privacy practices will be in accordance with this Privacy Notice. 

1. WHO ARE WE? - Introducing Ferly

   1.1. WE are Ferly (which is a trading name of Leika Limited) with company number 11310980 and our registered address at Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN (referred to as “Ferly” / “we” / “us”). Our data protection registration number is ZA559928.
   
   1.2. YOU are the gorgeous human who has chosen to use our App! (referred to as “the User” / “you”).
   
   1.3. For the purposes of the applicable data protection and privacy laws and regulations (“Data Protection Legislation”), we are a ‘data controller’ for all Personal Data where we decide how and why it is processed. We will be a ‘data processor’ where we use Personal Data in accordance with a third party’s instructions.
   
   1.4. Please note that any clause headings and clause summaries are for reference purposes only and shall not have legal effect. Please read the full clause text.
   
   

2. WHY DO WE CARE ABOUT PRIVACY? We are privacy champions and these terms set out our data protection practices
   2.1. Your privacy is at the core of our business and we want to make sure that you are comfortable with how we use the information that you disclose to us through the Ferly software application and the Ferly website weareferly.com (collectively referred to as the “App”).
   
   2.2. This Privacy Notice describes what information that we collect about you, how we use it, and the rights you have in relation to that collection and usage.
   
   2.3. By “Personal Data” we refer to information collected or held by Ferly, that identifies and relates to you as an individual.
   
   

3. DATA PROCESSED VIA THE APP – When you use the App we collect your name, email and information about your sexuality and sexual wellbeing (if you want to provide it)

   3.1. By registering your account on our App, we will collect your name and email address. You may also choose to add your phone number; profile picture; gender; information about your sexuality and sexual wellbeing; and other personal data as part of your profile within the App.
   
   3.2. When using the App we collect the following Personal Data on your device and this includes: GPS location data (where this is enabled on your device); time and date of your App usage; IP address; and mobile device ID and operating system information.
   
   

4. MARKETING – If you have consented to receiving marketing emails and newsletters, we will use your Personal Data to send these to you
   
   4.1. If you have opted-in to receive marketing communications from us, we will use your Personal Data to provide you with marketing communications. 
   
   4.2. You are not under any obligation to provide us with your Personal Data for marketing purposes.
   
   4.3. You can unsubscribe at any time and each marketing email will also contain instructions on how to unsubscribe from receiving them.
   
   

5. THIRD PARTY SOURCES OF INFORMATION - We may collect limited data from public databases, marketing partners, and other outside sources
   
   5.1. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
   
   

6. FAILURE TO PROVIDE US WITH PERSONAL DATA- Some Services in the App are reliant on Personal Data being provided by you
   
   6.1. You always reserve the right to withhold your Personal Data, but this may affect your ability to receive the Services.
   
   6.2. Where we need certain Personal Data from you to provide the Services, if you fail to provide this information, we may have to cancel all or part of the Services, but we will notify you if this is the case.
   
   

7. WHAT WE DON’T COLLECT – We don’t directly hold any payment card information and this is handled externally by a payment provider

   7.1. We do not hold any payment card information as part of the Personal Data that we process.
   
   7.2. Where applicable, card payment details taken for the Services are processed and managed via Stripe. Further details regarding Stripe can be found at https://stripe.com/gb.
   
   

8. LAWFUL BASIS OF PROCESSING – We use a mixture of grounds for using your Personal Data: consent, necessity or legitimate interests

   8.1. We will only process your information for as long as we have legal grounds to do so.
   
   8.2. Where appropriate, we will obtain your consent to use your Personal Data. We will always obtain your express consent to process sensitive personal data.
   
   8.3. Most of the Personal Data that we collect is necessary for the provision of the Services to you (referred to as ‘contractual necessity’).
   
   8.4. Where your Personal Data is not necessary for the Service, we may collect and use this information under our legitimate interest to provide a secure and consistent Service by ensuring that we can identify and correct any errors that may occur by incorrect data being passed to us.
   
   

9. WHAT DO WE USE YOUR DATA FOR? – We use your Personal Data for a variety of reasons, but ultimately it’s to provide you with a great Service!

   9.1. We may use your Personal Data for the following purposes:

   9.1.1. to facilitate the creation of your account in the App and for you to be able to log in; 

   9.1.2. to personalise the Services to you and provide you with relevant content;

   9.1.3. to allow you to track and measure your sexual wellbeing over time (if you decide to provide this information);

   9.1.4. to send you marketing communications (where you have opted to receive these);

   9.1.5. to send administrative information to you - we may send you service updates or information about changes to our terms;

   9.1.6. to protect the App and improve our security measures; and

   9.1.7. to respond to legal requests and prevent harm to our users, the business or the App;
   and for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the or App, the Services, our marketing and your experience.
   
   

10. WHERE IS YOUR DATA STORED? – We keep your Personal Data in EU data centres to keep it accessible and secure

    10.1. The data that we collect from you will be stored in our secure data centres within the EU. 
    
    10.2. Our partners and/or sub-contractors, may store certain Personal Data outside of the EU, but it must be subject to adequate controls under the applicable Data Protection Legislation.
    
    

11. SHARING YOUR INFORMATION WITH OTHERS - We may share your Personal Data with trusted partners where this is reasonably required

    11.1. If and when we share your data, we always do so under a written agreement governing how your data must be protected.
    

    11.2. We may share your information with third parties where: 

    11.2.1. we are required to make a disclosure by law;

    11.2.2. we use trusted sub-processors to help us collect, store or manage your information;

    11.2.3. we use analytics and search engine providers to assist us in the improvement and optimisation of the Website; and

    11.2.4. if Leika Limited or the majority of its assets are acquired by somebody else, in which case the Personal Data held by us will be transferred to the buyer.
    

    11.3. We may be required to share your Personal Data with third parties to adequately provide our Services. We have categorised each third party so that you may be easily understand the purpose of our data collection and processing practices:

    11.3.1. Advertising, Direct Marketing and Lead Generation - Intercom;

    11.3.2. Communications with Users - MailChimp;

    11.3.3. Functionality and Infrastructure Optimisation - Cloud Functions for Firebase, Cloud Storage for Firebase, Firebase Realtime Database and Google App Engine;

    11.3.4. Invoice and Billing - Stripe;

    11.3.5. Re-targeting Platforms - Google Analytics Remarketing;

    11.3.6. Social Media Sharing and Advertising - Facebook, Instagram, Twitter, Pornhub, reddit and YouTube;

    11.3.7. User Account Registration and Authentication - Firebase Authentication;

    11.3.8. Web and Mobile Analytics - Facebook Analytics, Google Analytics, Google Ads and TestFlight;

    11.3.9. Website Hosting - Squarespace;

    11.3.10. Website Performance Monitoring - Crashlytics, Firebase Crash Reporting and Firebase Performance Monitoring; and

    11.3.11. Website Testing - TestFlight.
    
    

12. RETAINING DATA – We will only hold onto your Personal Data whilst it is needed for the Services or required by law

    12.1. We will only retain your Personal Data for as long as necessary to fulfil the purposes that we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    
    12.2. When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymise it, or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

    
    12.3. To determine the appropriate retention period for Personal Data, we consider:

    12.3.1. the amount, nature, and sensitivity of the Personal Data;

    12.3.2. the potential risk of harm from unauthorised use or disclosure of your Personal Data;

    12.3.3. the purposes for which we process your Personal Data; and

    12.3.4. whether we can achieve those purposes through other means, and the applicable legal requirements.
    
    

13. PROTECTING YOUR DATA – We keep your data secure through a variety of technical security measures

    13.1. We take our security obligations very seriously and regularly monitor for breaches and potential weaknesses.
    
    13.2. We are committed to ensuring that data is stored, archived or disposed of in a safe and secure manner. We have procedures in place to try to prevent any unauthorised access or disclosures and to safeguard and keep secure the information that we collect. 
    
    13.3. However, you should be aware that providing information over the Internet can never be guaranteed as being completely safe and if you choose to send such information to us via the Internet, you do so at your own risk. 
    
    

14. DO WE COLLECT INFORMATION FROM MINORS? We do not knowingly collect data from or market to any user under 17
    14.1. You must be at least 17 years of age to use the App. Consequently, we do not knowingly solicit data from or market to individuals under 17 years of age.
    
    14.2. If we learn that Personal Data from users that are under 17 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records (please report this to us if you become aware of such a situation).
    

15. COOKIES – Yum…

    15.1 Like many businesses, we collect some information through the use of cookies. Please visit our Cookie Policy for further information.
    

16. YOUR RIGHTS UNDER DATA PROTECTION LEGISLATION – You have lots of rights in relation to your Personal Data which give you control over your information

    16.1. You have rights in relation to the Personal Data that we hold about you (particularly if you are based in the EU).
    
    16.2. You can update certain Personal Data relating to you in your account within the App at your discretion.

    16.3. You have the right to request us to: 
    16.3.1. provide you with access to your Personal Data that we are processing (this is called a ‘Subject Access Request’);
    16.3.2. correct Personal Data that we hold about you which is incorrect or inaccurate;
    16.3.3. restrict our processing of Personal Data where it is inaccurate or breaches the law;
    16.3.4. erase data in certain circumstances (i.e. we no longer require it, you withdraw consent etc);
    16.3.5. object to processing in certain circumstances (i.e. where we are processing your Personal Data based on our legitimate interests); and
    16.3.6. transfer the Personal Data to a third party.
    
    16.4. Please note that where we remove or delete any Personal Data, we may retain anonymised data for our own purposes – we can confirm that you won’t be identifiable from this.
    
    16.5. If you have provided us with consent to process your Personal Data, you can withdraw this at any time by emailing us at hello@weareferly.com.
    
    16.6. You have the right to lodge a complaint with the Information Commissioner's Office, the supervisory authority for data protection issues in England and Wales.
    
    

17. CHANGES TO THIS PRIVACY NOTICE – These terms may change from time to time to reflect changes to our practices or the law

    17.1. We may update this Privacy Notice from time to time.
    
    17.2. The latest version of our Privacy Notice will be contained in the App so please check back here from time to time. Where it is appropriate to do so, you will be notified that the Privacy Notice has been updated by e-mail or via a notification within the App.
    
    

18. ENQUIRIES – Contact us, we like to chat!

    18.1. Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to hello@weareferly.com. Our Data Protection Officer may reply where appropriate.

This Privacy Notice was last updated October 2019.