Last updated in April 2024
In respect of the Processing activities described in this privacy policy (the “Policy”), Pocket Sergeant Limited, a company with its registered address at 10a High Street, Market Deeping, Peterborough, PE6 8EB (“Misper”, "Misper - Find People in Crisis", "PocketSgt", “we” or “us”) is the Controller, unless stated otherwise.
This Policy is addressed to individuals outside of our organisation with whom we interact, including visitors to our Website, users of our App, our business customers and other users of our services (together, “you”). This Policy details the Personal Data we collect in relation to you and explains how we handle that Personal Data. Defined terms used in this Policy are explained in section 9 below.
We are committed to protecting your Personal Data.
This Policy contains much more detail, but we wanted to make you aware of the following points:
We receive data – that can constitute Personal Data under applicable laws – in order to provide our online services.
We only track your movements when the "Start Tracking" function is activated. These movements are tracked to record the areas searched for a missing person. When you do not wish for your movements to be tracked you must select the "Stop Tracking" button.
We have used the permission of background location to track the user when the application is in the background / recent mode. We only track the data if the user has activated the "Start Tracking" function otherwise we do not collect this data.
We also use data to analyse our customer and visitor behaviour as a whole (and never on an individual level). Like most online service providers, we do this so that we can improve our users’ experience on our website and apps and improve our services.
We do not share any data with third parties in order for them to advertise their products/services to you.
We conduct digital advertising campaigns ourselves on other websites, such as social media websites to increase awareness of Misper.
We do not sell your personal information (for the intents and purposes of the California Consumer Privacy Act (CCPA)).
1. What data do we collect or create, what do we use it for and what is our legal basis?
In this section, with respect to each of our products, services or specific features of our products or services, we describe what Personal Data we collect or create, the purposes for which we use this data and the legal basis of the relevant Processing activity.
(A) Our products designed for members of the public and emergency services.
We collect the following Personal Data about you:
The locations you have visited when the "Start Tracking" button has been selected.
Processing of this data is technically required for us to provide this service. We have a legitimate interest in carrying out this Processing for the purpose of providing the service.
(B) Our Website and Apps
If you visit the Website or use the Apps, we may collect the following Personal Data about you:
the locations you searched or landed on (including anything you type incorrectly into the search bar);
your IP address;
your device ID;
the type of browser, device and operating system that you are using (e.g. Chrome browser, Samsung device and Android operating system);
referrer information (which website you visited from e.g. a search engine);
time zone;
user preferences (e.g. language);
which pages you visited/actions you carried out on the Website and Apps and the relevant dates and times;
aggregate statistical information relating to how you and others interact with the Website and Apps;
any photo you choose to upload to the App. This includes your profile photo and photo of the missing person.
if you contact us to ask us a question, to report an issue or for any other reason (e.g. using social media or email), your name, contact details and your communication to us.
The purposes for which we collect this data are:
to provide the service you are expecting (the storing of locations searched for a missing person and allowing others to view a photograph uploaded to the App of the missing person);
to ensure that content from our Website or Apps is presented in the most effective manner for you and for your device;
to improve the services we provide in the short term, for example by providing you with more relevant search results;
to improve the services we provide over the longer-term by understanding how you and other users interact with our services. We analyse our customer and visitor behaviour as a whole and never on an individual level – this means we produce aggregated figures to measure the performance of our services;
to serve recommendations to you around those functionalities of the Website or Apps which are most relevant to you, based on your use of those platforms;
to notify you about any important changes to our services;
to send you materials which you are choosing to download from the Website;
to respond to your queries, resolve reports of any issues and/or disputes, and operational performance improvement; and
to comply with our legal and regulatory obligations under applicable law and to establish, exercise and defend our legal rights.
We consider that we have a legitimate interest in Processing the Personal Data we collect through our Website and Apps in order to deliver the service you are expecting. We also have a legitimate interest in Processing the Personal Data to analyse and better understand how each service is being used.
(C) Misper Accounts, Saved Searches and Saved Locations
If you choose to register for an account on our Website or Apps, we may collect the following Personal Data about you:
your name;
your email address;
your country; and
your chosen Misper account password.
Please note that you must be of a certain minimum age to become a Misper account holder, as stated in our Terms of Use.
You are required to provide us with this information to use the App but these are not required to access the website.
Personal data about other a missing person must only be stored when this is deemed as necessary to protect their life, which could include situations where they are in danger.
If your device settings are opted-in to receive push notifications, you may receive notifications relating to marketing, promotions and product features such as saved locations.You can manage your push notification preferences or deactivate these notifications at any time in your device settings.
We analyse aggregated data (i.e. relating to all users, and never any individual user) regarding “Saved Searches” in order to improve the services we provide over the longer-term.
We consider that we have a legitimate interest in analysing the relevant Personal Data that you give us as a Misper account holder to better understand how our service is being used and to improve the quality and provision of our services. Our legal basis for the other Processing of the Personal Data mentioned above is it is necessary for the performance of the contract we have entered into with you (our Terms and Conditions).
2. Disclosure of Personal Data to third parties
We will only disclose your Personal Data to other organisations for the purposes set out in this Policy and in accordance with applicable law. In particular, we will never disclose your contact details to third parties to allow them to contact you for direct marketing purposes.
We may share your Personal Data with the following recipients or categories of recipients:
our affiliates and subsidiaries;
a prospective buyer in the event of a sale or purchase of Misper, Pocket Sergeant Ltd or any of its assets;
a third party where obligated to do so by law or where necessary for the establishment, exercise or defence of legal rights;
third party service providers, such as accountants, auditors, lawyers and professional advisors;
independent contractors and external consultants engaged by us;
data hosting companies (such as Amazon Web Services and Google Cloud);
CRM Solution providers (such as Salesforce and Hubspot);
providers of data analytics services that help us understand how our services are used (such as Mixpanel, Google Firebase and Google Analytics) and measure the success of our digital advertising campaigns (such as Facebook);
providers of speech recognition software (for the conversion of audio files to text files through automated methods) if you use our voice search function: Cerence (see Privacy Policy) for the Apps and Speechmatics (see Privacy Policy) for the API;
other IT service providers (such as G Suite for Business, Intercom for communication with visitors to the Website, and Slack which we use for internal communications;
Mapping provider for our Apps: Google Maps (see Privacy Policy).
Where we use Processors to Process your Personal Data, we have entered into data processing terms which meet the requirements of applicable data protection legislation and according to which they only Process your Personal Data upon our instructions.
3. Where we store and transfer your Personal Data
For the purposes of Processing your Personal Data as set out in this Policy, the Personal Data that we collect from you may be transferred to, and stored in, a country outside the European Economic Area (“EEA”). It may also be Processed by staff operating outside the EEA who either work for us or for one of the recipients of Personal Data listed in section 2 above. Countries outside the EEA may not have laws which provide the same level of protection to your Personal Data as laws within the EEA. Where this is the case, we will put in place appropriate safeguards to ensure that such transfers comply with applicable data protection laws. For Personal Data of those to whom the GDPR applies, this means that we either transfer the relevant Personal Data to countries that the European Commission has determined provide an adequate level of protection for Personal Data or we enter into the Standard Contractual Clauses (as adopted by the European Commission) with the recipient of the Personal Data.
4. Keeping information secure
We have implemented technical measures and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law. For example, we provide HTTPS to ensure communication to/from Misper is securely encrypted. Our systems are protected behind a firewalled VPC, all hosted in London on Amazon infrastructure, and we follow strict internal policies as to our handling of personal data and conduct regular reviews of our infrastructure and server security. Unfortunately, the transmission of information via the internet is not completely secure, so any transmission of data is at your own risk, but we use strict procedures and security features to try to prevent unauthorised access.
5. How long we keep your personal data
We will only store your Personal Data for as long as necessary to fulfil the purposes we collected it for. 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, as well as the applicable legal requirements.
6. Your rights
We think it is important that you are able to control your Personal Data. Under applicable data protection laws, you may be entitled to exercise the following rights where we Process Personal Data about you:
the right to access Personal Data that we hold about you, to ask us for copies of your Personal Data and to request information about the related Processing activities;
the right to ask us to rectify Personal Data you think is inaccurate and to require us to complete Personal Data you think is incomplete;
the right to require us to delete your Personal Data in certain circumstances. There will be instances where this right is restricted, such as where it is necessary to continue to Process your Personal Data for the establishment, exercise or defence of legal claims;
the right to require us to restrict how we Process your Personal Data in certain circumstances (e.g. if you dispute its accuracy, we may restrict its Processing until your complaint is resolved);
the right to require us to transfer your Personal Data to another organisation, or to you, in certain circumstances; or
where we Process your Personal Data on the basis of consent, you have the right to withdraw your consent at any time. We will make this a simple and easy process for you (e.g. through ‘unsubscribe’ links in our marketing communications). Please note that this will not affect the lawfulness of Processing based on consent before its withdrawal.
Where we Process your Personal Data on the basis of legitimate interest, you have the right to object such Processing at any time in certain circumstances. There will be instances where this right is restricted, such as where we have an overriding legitimate ground to continue to Process your Personal Data. Furthermore, where we Process your Personal Data for direct marketing purposes, you have a right to object to such Processing at any time.
Should you wish to exercise any rights in connection with your Personal Data, please email us at support@misperapp.co.uk. We will process any request in accordance with any local laws and our policies and procedures. We aim to respond to enquiries within 3 working days, but it may take us up to 30 days to comply with valid requests.
In the event that you aren’t happy with our Processing of your Personal Data, we ask that you always seek to get in touch in the first instance so that we can help ease your concerns. However, you also have the right to lodge a complaint about how we Process your Personal Data with the relevant data protection authority.
7. Third party products accessed from the Website or Apps e.g. other websites
Our Website, Apps, this Policy and our Terms and Conditions may contain links to and from the online products of third parties. If you follow a link to any of these online products, please note they have their own privacy policies which will govern use of any Personal Data that they Process for their own purposes. Please check these policies carefully before you click on any links and/or submit any Personal Data to these online products.
8. Updates to this Policy
Any updates or changes that we may make to this Policy will be posted on this page. Where it makes sense because the changes are material, we may notify you by e-mail (to the extent permitted by applicable law to send these emails) or in another appropriate manner such as when you next interact with the Website or Apps.
9. Definitions
“Apps” means applications made available by us, including (but not limited to) “Misper” and “Misper - Find People in Crisis”
“compliance with legal obligations” refers to the lawful basis of processing personal data set out in Art. 6(1)(c) GDPR;
“consent” refers to the lawful basis of processing personal data set out in Art. 6(1)(a) GDPR;
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;
“GDPR” means Regulation (EU) 2016/679 (General Data Protection Regulation);
“legitimate interest” refers to the lawful basis of processing personal data set out in Art. 6(1)(f) GDPR;
“performance of the contract” or “taking steps prior into entering into a contract” refers to the lawful basis of processing personal data set out in Art. 6(1)(b) GDPR;
“Personal Data” means any information relating to an identified or identifiable natural person;
“Process” or Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller; and
“Website” means misperapp.co.uk.
