PRIVACY POLICY

Date last revised: November 2024

Thank you for taking the time to read our privacy policy.

1. Introduction

We at Diesta Limited (“Diesta”, “we”, “our” or “us”) respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you.

We process personal data in accordance with

the United Kingdom General Data Protection Regulation (“UK GDPR”), the Data Protection Act 2018 and all other mandatory laws and regulations of the United Kingdom, as applicable; and
the European Union General Data Protection Regulation ((EU) 2016/679) (“EU GDPR”) (UK GDPR and EU GDPR are collectively referred to in this policy as “GDPR”)

as well as with the Information Commissioner’s Office (ICO) guidance or best practice, and in accordance with the requirements of our contracts agreed with our customers (brokers, insurers, MGAs or other insurance intermediaries). All terms used within our privacy policy have the meaning(s) given to them under the GDPR.

This privacy policy explains how we collect, use, and share information about you when you access or use Diesta’s websites, the Diesta Portal, or our services (collectively, “Services”) or otherwise interact with us, for example, when you attend a Diesta event or interact with us on any of our social media platforms.

The individuals from which we may gather and use data can include:

Customers
Vendors
Business Contacts

and any other people that the organisation has a relationship with or may need to contact.

1.1. Data Controller

Diesta Limited is your Data Controller and is responsible for your Personal Data.

1.2. What is Personal Data?

“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).

All Personal Data we collect is reasonable and necessary to enable us to perform our Services. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped tether below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect and when we collect it from you: .

Profile/Identity Data: This is data relating to your first name, last name, gender, date of birth.
Contact Data: This is data relating to your phone number, addresses, email addresses and includes professional information such as work email addresses.
Technical Data: This is your IP address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to engage with us.
Marketing and Communications Data: This is your preferences in receiving marketing information and other information from us.
Customer Support Data: This includes feedback, bug reports and survey responses.
Usage Data: Information about how you use our Services.

1.3. Special categories of data

We may in limited scenarios also process what is known under the GDPR as special categories of Personal Data. In order to collect this special kind of data we need enhanced legal justifications beyond the ordinary legal justifications under the GDPR. We explain what special categories of data we collect and which justifications we rely on in the Privacy Table below.

2. What Personal Data does Diesta collect?

2.1. Personal Data you provide to us directly

Diesta collects Personal Data that you provide to us directly, for example, when you make use of our Services, book a demo or request customer support. The types of data we collect are set out in the Privacy Table below.

2.2. Personal Data we receive automatically

Diesta collects Personal Data when you visit, use, or interact with our Services. The types of data we collect are set out in the Privacy Table below.

Open Banking Transactional Data

If you choose to link your bank accounts as part of Diesta’s Open Banking Services, we use an open banking account information service, provided by Plaid Financial Ltd. Please note:

Diesta is an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information services through Diesta as its agent.

Regulated account information services include balance, transaction and merchant data for accounts yo give express permission to link to our service, for the purposes of premium reconciliation services and associated payment calculations. You can view Plaid’s privacy policy at https://plaid.com/legal/#consumers

We collect Personal Data from website users through cookies. Further details can be found in our Cookie Policy.

2.3. Personal Data collected from other sources

We may collect Personal Data about you from other third-party sources. This could include:

Other business partners or other people within your organisation, that have an existing relationship with you.
If you are an employee of a customer of ours, and your employer provides us with your contact details or other Personal Data in connection with your use of our Services.
Personal Data provided to us by government agencies.

3. How does Diesta use Personal Data?

3.1. Legal bases for Processing

Diesta only processes your Personal Data when we have a valid legal basis to do so. This will depend on what information we collected and the context for processing it. Generally, we only collect and process Personal Data on the following bases:

Consent: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service.
Contractual Obligations: We may require certain information in order to fulfil our contractual obligations and provide the promised service.
Legal Compliance: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
Legitimate Interest: We might need to collect certain information from you to be able to meet our legitimate interests. This covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests. Examples could be your address, so that we know where to deliver something to, or your name, so that we have a record of who to contact moving forwards.

3.2. Privacy Table

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your Personal Data, and which of the legal bases we rely on to do so.

Purpose	Type of Data	Legal Basis
To generate leads for potential customers of our Services	Profile/Identity Data Contact Data	Legitimate Interest (to carry out direct marketing, develop our products/services and grow our business)
To register you as a new user, verify your identity for access to our Services and deliver the Services	Profile/Identity Data Contact Data Technical Data	Consent Contractual Obligation
To manage our relationship with you including notifying you of changes to the Services or when you report a problem or submit a query	Profile/Identity Data Contact Data	Consent Contractual Obligation Legal Compliance
To use data analytics to improve our website, products/services, customer relationships and experiences and to measure the effectiveness of our communications and marketing	Profile/Identity Data Technical Data Usage Data Marketing and Communication Data	Legitimate Interest (to define types of customers for our products and services, to keep our website and Services updated and relevant, to develop our business and to inform our marketing strategy)
To make recommendations to you about goods or services which may interest you including events	Profile/Identity Data Contact Data Technical Data Usage Data Marketing and Communication Data	Legitimate Interest (to carry out direct marketing, develop our products/services and grow our business)
To (a) detect, investigate, and prevent fraudulent transactions and other illegal activities and (b) protect the security of our IT systems, architecture, and networks and © protect the safety of you and other users	Profile/Identity Data Technical Data Special category data: in carrying out customer due diligence we may request that you provide certain biometric data to us (e.g. a copy of your passport), which is considered special category data. .	Legal Compliance Special category data: Explicit Consent

3.3. Diesta as Data Controller

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Data Protection Officer.

If we need to use your Personal Data for an unrelated 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, where this is required or permitted by law.

3.4. Diesta as Data Processor

In our capacity as Data Processor, we process data on behalf of our customers, who are the Data Controllers, and with whom we have a contractual agreement that dictates how we may process this data.

As Data Processor, Diesta has the following responsibilities:

To ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR.
To commit ourselves to confidentiality.
To implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data.
To obtain the prior specific or general authorisation of the Controller before engaging another Processor.
To assist the Controller in the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights.
To make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
To maintain a record of all categories of processing activities carried out on behalf of a Controller.
To co-operate, on request, with the supervisory authority in the performance of its tasks.
To designate a Data Protection Officer (DPO) where required by the GDPR, publish their details and communicate them to the supervisory authority.
To support the DPO in performing their tasks by providing resources necessary to carry out those tasks and access to Personal Data and processing operations and to maintain their expert knowledge.
To ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller.
To notify the Controller without undue delay after becoming aware of a Personal Data Breach.

3.3. How we protect Personal Data

We are concerned with keeping your data secure and protecting it from inappropriate disclosure. We implement a variety of security measures to ensure the security of your Personal Data on our systems, including:

Encrypting our databases, data in transit and at rest
Restricted physical and logical access
User authentication and password protection
Secure development practices
Adherence to industry best practices required for ISO27001 and SOC 2 Type II certifications

Any Personal Data collected by us is only accessible by a limited number of employees who have special access rights to such systems and are bound by obligations of confidentiality.

If and when we use subcontractors to store your data, we will not relinquish control of your Personal Data or expose it to security risks that would not have arisen had the data remained in our possession.

However, unfortunately no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Diesta to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us.

4. Who does Diesta share Personal Data with?

Sometimes we may need to share your Personal Data with third parties. This will usually be because you have asked us to, or:

If required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation.
To protect the safety, security, and integrity of our products, employees, or users, or the public.
If we determine, in our sole discretion, that there is a violation of our terms, policies, or the law.
We may also share Personal Data with interested parties in the event that Diesta anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
If Diesta is sold or makes a sale or transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your Personal Data. In all other situations your data will still remain protected in accordance with this Privacy Policy (as amended from time to time).

When we share Personal Data with third parties which are providing us with services, or providing services to you on our behalf, we always have an agreement in place to ensure protection of your Personal Data i.e. that it is only used for agreed purposes and in accordance with applicable laws such as the GDPR.

We may also collect, use, and share information that is non-Personal or has been aggregated and de-identified in a way so it cannot be used to identify you, for any purpose permitted under applicable law.

5. How long does Diesta retain Personal Data?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Any specific retention periods we have established for specific processing activities will be set out in the Privacy Table above. The following retention criteria are applied:

Legal Requirements: Compliance with legal obligations and regulatory requirements.
Contractual Obligations: Duration of the contract and any post-contractual obligations.
Business Needs: Operational needs for maintaining records and managing business relationships.
Customer Requests: Honoring requests for data deletion or retention preferences.
Risk Management: Assessing the risks associated with retaining or deleting data.

If a specific retention period cannot be determined, data will be reviewed periodically to ensure it is still necessary for the purposes outlined above

6. What are your Data Protection Rights?

6.1. Your rights

Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Data:

Right to be informed: You have a right to be informed about our purposes for processing your Personal Data, how long we store it for, and who it will be shared with. We have provided this information to you in this policy.
Right of access: This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it (also known as a "Data Subject Access Request").
Right to rectification: You have a right to 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.
Right to erasure: You have the right to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it, where you have successfully exercised your right to object to processing, 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 request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to object: You can object to the processing of Personal Data we hold about you. This effectively allows you to stop or present us from processing your Personal Data. Note that this is not an absolute right and it only applies in certain circumstances, for example:
- Where we are processing your Personal Data for direct marketing purposes.
- 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 continue processing your data if we can demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to restrict processing: You have the right to request the restriction or suppression of personal data. Note that this is not an absolute right and it only applies in certain circumstances:
- 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.
Right to data portability: You have the right to request the transfer of your Personal Data to you or to a third party. If you make such a request, 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: You have the right to withdraw your 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.

6.2. Exercising your rights

If you think we hold any Personal Data about you which is incorrect or if there are any changes to your Personal Data, please let us know so that we can keep our records accurate and up to date.

We may need to request specific information from you to help us confirm your identity and ensure you have the 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.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.

Please note that where Data Subjects exercise their rights in respect of the data held by our customers (data controllers), we will make every effort to support them in fulfilling their obligations. Any support we do provide is as agreed with our customers in our customer agreements or other relevant contracts.

If you think we hold any personal data about you which is incorrect or if there are any changes to your personal data, please let us know so that we can keep our records accurate and up to date. If you wish to exercise your data protection rights as an individual, please access the Individual Rights Request Form and contact us at DPO@diesta.co.uk

6.3 Your control over Diesta’s use of your Personal Data

If you do not want us to use your Personal Data for purposes set out in our privacy notice, we may not be able to provide you with access to all or parts of our Services. However, you may delete your account or user profile with us at any time. This will remove your account page from our systems and our related software.

We do not guarantee the ability to delete all stored data. If you would like us to delete/correct personally identifiable data, let us know and we will action your request as soon as practicable.

Your account information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal data by selecting and protecting your password appropriately and limiting access to your computer or device and by signing off after you have finished accessing your account.

7. What else should you know?

7.1. Age limit for our users of our Services

You must not use Diesta’s Services (website or portal) unless you are aged 18 or older.

No Services provided by Diesta are intended for children and we do not knowingly collect data relating to children.

7.2. International transfer of data

We do not transfer your Personal Data outside the UK or the EEA.

7.3. Third-Party Links

Our website or other social media platforms may include links to third-party websites, plug- ins 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 site, we encourage you to read the privacy policy of every website you visit.

7.4. Interpretation

All uses of the word "including" mean "including but not limited to" and the enumerated examples are not intended to in any way limit the term which they serve to illustrate.

Any email addresses set out in this policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored. Unless otherwise required by law, we reserve the right to not respond to emails, even if they relate to a legitimate subject matter for which we have provided an email address. You are more likely to get a reply if your request or question is polite, reasonable and there is no relatively obvious other way to deal with or answer your concern or question (e.g. FAQs, other areas of our website, etc.).

Our staff are not authorised to contract on behalf of Diesta, waive rights or make representations (whether contractual or otherwise). If anything contained in an email from a Diesta address contradicts anything in this policy, our terms or any official public announcement on our website, or is inconsistent with or amounts to a waiver of any Diesta rights, the email content will be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the Diesta’s legal department.

7.5. About this Privacy Policy

This policy is not intended to be a contractual document unless expressly stated in any relevant contract we enter.
We keep our Privacy Policy under review and will place any updates here.
By using Diesta’s Services, you consent to the collection and use of data by us as set out in this Privacy Policy. Continued access or use of Diesta’s Services will constitute your express acceptance of any modifications to this Privacy Policy.

8. Complaints

You have the right to lodge a complaint with the data protection supervisory authority responsible for data protection matters in your location. For the UK, this is the Information Commissioner’s Office (ICO).

9. How to contact Diesta?

We hope that this Privacy Policy provides you with the information you are looking for, but if you need any further details, or wish to exercise any of your data protection rights, please do reach out to us.

We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy and their details are set out below:

Name: Charissa Davis

DPO@diesta.co.uk

Postal address: One Lime Street, London, England, EC3M 7HA

10. What are Diesta’s Terms and Conditions?

Please also see our Terms of Use which set out the terms, disclaimers, and limitations of liability governing your use of Diesta.