Privacy Policy

Last updated: 5th May 2022.

Speed Read

You should read this notice, so that you know how we are handling your personal data. It explains who we are, how and why we collect personal data from you, how and why it will be processed by us and our commitment to protecting your data.

However, if you do not have time to read it in full we have summarized the key points for you:

• Mistho Services Limited (“we”, “us”, “our”) is a data controller with the Information Commissioner’s Office and our registration number is ZB253263. This privacy policy applies only to the extent we act as a controller over your data, and not when we act as a processor over your data when providing the Mistho Service. Please refer to the relevant privacy policy of your selected Partner to read about how your data is processed by us as a processor on behalf of the Partner (acting as controller).
• We process (i.e. handle) your personal data to provide our services to you, including when you visit our website (www.mistho.io). Under data protection laws, we are only permitted to process your personal data where we have a legal basis for doing so. We will only ever process your personal data in compliance with applicable law.
• We may share your personal data with our third party suppliers to enable the efficient and secure provision of services to you. Except as explained in this privacy policy, we will not share your data with third parties without your consent unless required to do so by law.
• We will keep your personal data for as long as we need it. How long we need your personal data depends on what we are using it for, whether that is to provide services to you, for our own legitimate interests (described below) or so that we can comply with the law. We will actively review the information we hold and when there is no longer a user, legal or business need for us to hold it, we will either delete it securely or in some cases anonymise it.
• We may transfer your personal data to a recipient located outside of the UK. If we do this, we will ensure that a similar degree of protection is afforded to it.
• You have important rights under laws aimed at protecting your personal data. This policy sets out your rights and how can you exercise them. For more information, please see section 11. You also have the right to make a complaint to the Information Commissioner's Office if you are unhappy with how we have handled your personal data.

Contents

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

1. About Mistho
2. About this Privacy Policy
3. The data we collect about you
4. How is your personal data collected?
5. How we use your personal data
6. Communications
7. Disclosures of your personal data
8. International transfers
9. Data security
10. Data retention
11. Your legal rights

About Mistho

Mistho Services Limited (“we”, “us”, “our”) is a company registered in England and Wales under company number 13636487 whose registered office is at 27 Old Gloucester Street, London, WC1N 3AX.

The terms “you” and “your” refers to the user accessing or using the Mistho Service.

How does Mistho work?

• Mistho facilitates the day-to-day conclusion of contracts and, in certain cases, ongoing contractual fulfilment by processing your personal data from your payslips on your behalf, as your agent, and transmitting this data to your selected partner via an application programming interface (API), (the "Mistho Service'').
• The partner (“Partner”) in turn will use and process this data to provide its own products and services or to fulfil your bilateral contractual relationship (“Partner Services”).
• Mistho therefore makes it possible to extract your relevant personal data and share it with relevant Partners via secure connection in order to facilitate the application for, and conclusion of, products and services you are interested in taking from them (such as rental, leasing, purchase, credit or brokerage contracts) – without you having to copy, scan and transmit unencrypted payslips to your selected Partner.

To use the Mistho Service, you will be forwarded to the Mistho Service by your selected Partner. Typical Partners of Mistho are service providers such as lenders, buy-now-pay-later services, online real estate services, brokers or landlords, i.e. providers of products or services for which you need to verify your monthly income, amongst other things. You always decide for yourself whether you want to transmit your personal data to the respective Partner. [To find out more about how the Mistho Service works, please read our General Service Terms of Use.]

About this Privacy Policy

Mistho 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 (www.mistho.io) (regardless of where you visit it from) or use the Mistho Service and will also tell you about your privacy rights and how the law protects you. This privacy policy may change from time to time and, if it does, the up-to-date version will always be available on our website. We will also tell you about any important changes.

We will act as your agent and the processor of your selected Partner where processing your personal data in the context of the Mistho Service, for example when accessing your payslips and making those available to the selected Partner. Otherwise, we will act as a controller of, and be responsible for, your personal data, for example when marketing our services, operating our website or completing any data analytics activities which are not related to a specific Partner contract.

Our website is not intended for children and we do not knowingly collect data relating to children.

This privacy policy is primarily focussed on the data we collect and process when acting as a controller. Please refer to the relevant privacy policy of your selected Partner for details of the types of data we process as a processor on behalf of that Partner, although we set out below some details of the data we process by collecting and providing to them. It is important that you read this privacy policy together with any other privacy 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 data. This privacy policy supplements other notices and privacy policies, such as those from the Partner, and is not intended to override them.

If you have any questions about this privacy policy or our privacy practices, or you wish to exercise any of your data subject rights, please contact us in the following ways:

• Email address: privacy@mistho.io
• Postal address: Privacy, Mistho, 27 Old Gloucester Street, London, WC1N 3AX

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.

The data we collect about you

Personal data 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, marital status, title, date of birth, gender and national insurance number.
• Contact Data includes residential address, email address and telephone numbers.
• Employment and Pay Data includes your employer and employment status, pay, bonuses and benefits, and any deductions from them (including for tax, salary sacrifice, pension contributions and childcare payments), together with other data from time to time included in a payslip.
• 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 our website.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us 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 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 or Mistho Service 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.

As a controller, 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 or the Partner, and you fail to provide that data when requested, we may not be able to provide the Mistho Services and therefore facilitate the performance of the contract you and the Partner are trying to enter into.

How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions: we collect personal data about you if you fill in forms on our website or correspond with us by phone, email or otherwise. This includes personal data you provide when you:
  • are referred to use the Mistho Service by your selected Partner and through your use of the Mistho Service;
  • subscribe to our newsletter or request marketing to be sent to you;
  • give us feedback or enter a survey;
  • fill in forms on our website; or
  • if you contact us directly with any query, or correspond with us (for example, by e-mail or telephone), we may keep a record of that correspondence.
• Automated technologies or interactions: we automatically collect the following information:
  • details of your use of your visits to our website (including, but not limited to, traffic data) and the resources that you access in the Mistho Service may be sent to us automatically;
  • other technical information we may receive, includes the Internet protocol (IP) address used to connect your computer to the internet, plug-in types and versions, operating system and platform, the type and version of browser you use and time zone setting; and
  • information about your visit, including the full Uniform Resource Locators (URLs) clickstream to, through and from our website (including date and time), time on page, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs).

  Where we collect information about you in the ways described above, we do so on the basis that it is in our legitimate interests to collect and process this data. In most situations this will be anonymised but we collect and process this data to ensure that our site is functioning properly and that our customer experience is to the standard that you and we expect.

  No automated decision-making or profiling will take place using your personal data.

• 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 our website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
• Information we receive from other sources: We also work closely with third parties, (including, for example, business partners, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them, in particular where you are referred to our services through such third parties.

When we receive information from other sources, we rely on them having the appropriate provisions in place telling you how they collect data and who they may share it with. We carefully check our sources to ensure that we only receive your information when it is lawful for us to do so.

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:

• where you have given us consent to do so for the specific purposes which we have told you about;
• it is necessary for us to do so to enable us to provide the Mistho Service;
• 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;
• where we need to comply with a legal obligation.

Purposes for which we will use your personal data as a controller

We have set out below, in a table format, a description of all the ways we may use your personal data as a controller (in accordance with section 2.2), 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.

Purposes for which we will use your personal data as a processor for Partners

We will process your personal data, as a processor, on behalf of your selected Partner for the purposes of providing the Mistho Service to you. This means we will extract the following types of data from your payslip (and any other data included within your payslip) and share this with the Partner so it can provide the Partner Services:

• Identity Data includes first name, last name, marital status, title, date of birth, gender and national insurance number.
• Contact Data includes residential address, email address and telephone numbers.
• Employment and Pay Data includes your employer and employment status, pay, bonuses and benefits, and any deductions from them (including for tax, salary sacrifice, pension contributions and childcare payments), together with other data from time to time included in a payslip.

Mistho will process this personal data for the period of time instructed by the Partner, who will act as controller. Please refer to the relevant privacy policy of your selected Partner for further details of the types of data we process as a processor, and the manner and purpose of processing, on behalf of that Partner.

Communications

• Marketing communications:
  

  If we do not yet offer your payroll service, you can tell us which service you use to manage your payroll by providing us with your Identity and Contact data and the name of your payroll service. You will then receive an email from us in which we ask you to click a link to confirm that you would like to be notified as soon as your payroll service is available. This notification is sent on the basis of your consent. We will only use your personal information to send you such marketing messages if you have provided your consent.

  We want to ensure that you are informed and aware of the best services that we can offer you. By consenting to receive additional communications by email from us we will process your personal data in accordance with this privacy policy.

  If you have provided your consent to receive marketing communications from us and you change your mind, you can change your preferences and unsubscribe at any time by following the opt-out links of any marketing message. If you choose not to receive this information we will be unable to keep you informed of new services that may interest you. We may use the services of third party partners to send and manage our marketing communications.

• Service communications:
  

  As detailed at section 5, we may send you communications such as those which relate to any service updates. We consider that we can lawfully send these communications to you as we have a legitimate interest to do so, namely to effectively provide you with the best service we can and to grow our business.

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

External Third Parties:

• Service providers acting as processors or joint controllers who provide IT and system administration services and provision of application or infrastructure services, such as cloud services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Any other competent authorities in order to comply with applicable laws, governmental requests, judicial proceedings, court orders or legal processes.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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.

International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

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

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

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

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We use the widespread SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser. 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.

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 if there is a complaint or if we reasonably believe there is a prospect of litigation in respect of 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.

When we have no ongoing purpose to justify the processing of 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.

Where we act as a processor to provide the Mistho Service, as set out in sections 2.2 and 5.3, we will retain your personal data for the period instructed by the Partner, acting as controller, and will securely delete or return the personal data to the Partner at the end of that period, unless we are required to retain a copy to satisfy any legal, regulatory, tax, accounting or reporting requirements.

Your legal rights

Under certain circumstances, you have 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 "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.
• 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. 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) 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• 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.
• 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.

If you wish to exercise any of the rights set out above where we are acting as controller over your data, please contact us using the details at section 2.5. If you wish to exercise any of the rights set out above where we are acting as processor in relation to the Mistho Service, please contact your selected Partner directly.

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.