Worka Privacy Policy

1. General

Purpose

Welcome to our privacy and cookies policy for services provided through our websites www.worka.com, www.instantoffices.com, www.easyoffices.com, www.coworkintel.com, www.incendiumconsulting.com, www.coworker.com, www.capstanadvisors.com and www.theinstantgroup.com or when we otherwise interact with you via these websites or otherwise provide services to you (“Services”).

This Policy (together with our Terms of Use and any other documents referred to in it):

• describes how the companies in our group (listed below and also referred to below as "controllers", “Instant”, "we" or "us") will make use of your data when you use our Services – this is covered in more detail in section 4 below;
  
  

• tells you about your privacy rights including the right to object to some of the processing which we carry out - more information about your rights, and how to exercise them, is set out in section 11 below; and
  
  

• explains how the law protects you.
  
  

It is important that you read this Policy together with any other privacy notice or fair processing notice 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 policy supplements the other notices and is not intended to override them.

This website is not intended for children and we do not knowingly collect data relating to children. If you are concerned that your child may have provided information through our website, please contact us at Privacy@Worka.com

If you are visiting or using our Services from California, you can find specific disclosures, including “Notice at Collection” details in the “California Privacy Rights” section of this Policy below.

Controller

Depending upon which website you are using, the controller responsible for your personal data will vary as set out in the table below:

Third-Party Links

Our websites may include links to or integrations with 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 website, we encourage you to read the policy of every website you visit.

2. Data We Collect About You

Personal data, or personal information, means any information about a living individual from which that person can be identified, either on its own or when it’s combined with other information held by us. It does not include data whereby the personal data has been stripped of sufficient elements that means the individual can no longer be identified (anonymous data).

In order to provide our Services to you we may collect, use, store, transfer, infer and generate different kinds of personal data about you which we have grouped together follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does 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 Policy. Please see section 8 for further information.

We do not ask you to provide to us 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). Neither do we collect any information about criminal convictions and offences.

3. How is Your Personal Data Collected?

From you. You may give us your Identity, Contact, Financial, Transaction, Profile, and Communication Data by filling in forms including online or by communicating with us by post, phone, email or otherwise. This includes personal data which you provide or which we infer, generate, or record when you:

• apply for our products or Services;
  
  

• submit an enquiry for office space;
  
  

• create an account on our websites including registering to use our Worka platform, whether as a partner via the Worka Partner Portal or as a customer via Worka Marketplace or Worka Team;
  
  

• subscribe to our service or publications;
  
  

• subscribe to our market data reports;
  
  

• request marketing to be sent to you;
  
  

• enter a competition, promotion or survey;
  
  

• make a complaint;
  
  

• report a problem with the website;
  
  

• give us some feedback or otherwise contact us; and
  
  

• complete any anti-money laundering (KYC) checks.
  
  

For certain processing such as completing KYC checks, processing the details of the authorised users to provide our Services and processing contact/payment details for invoicing purposes, the provision of information is mandatory: if relevant data is not provided, then we will not be able to provide the requested Services. The provision of other information, such as responding to customer services surveys, is optional.

Automated technologies or interactions. As you interact with our website, we may, where we are permitted to do so by applicable law, collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please refer to section 8 below for further detail.

From third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

4. Purposes for Which We Will Use Your Personal Data

We will only process your personal data where we are permitted to do so by applicable law. Under UK/EU data protection law, the use of personal data must be justified under one of a number of legal bases.

We have set out in the table below, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. If you are in the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, we have also identified what our legitimate interests are where appropriate and how they relate to the processing operations that we are carrying out. Where we process personal data on the basis of a legitimate interest, then – as required by data protection law – we have carried out a balancing test to document our interests, to consider what the impact of the processing will be on individuals and to determine whether individuals’ interests outweigh our interests in the processing taking place. You can obtain more information about this balancing test by contacting us using the details given below.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to marketing (from us or from third parties) via email or text message, provided we have your consent to do so, as outlined in the table below. You have the right to withdraw consent at any time by using the unsubscribe feature on email or text communications or in some cases, via your online account by changing your contact preferences. Such communications may also be provided or recorded by third parties acting on our behalf – these communications will be clear that they are communications from us. For further information on marketing and your contact preferences, please see section 7 below.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. If you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below, please contact us at Privacy@Worka.com

We combine data we collect from different sources for these purposes, and to give you a more seamless, consistent, and personalized experience. And we may use aggregated or de-identified information in accordance with applicable law.

We will only use your personal data where we are permitted to do so by applicable law 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 us at Privacy@Worka.com.

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, in compliance with the lawful basis set out in the table above, where this is required or permitted by law.

5. Disclosure of Your Personal Data

We may disclose your personal data described in section 1 above with the following recipients set out below for the business and commercial purposes set out in the table in section 4 above:-

• Our affiliated companies, including for each affiliates’ marketing purposes if you have consented to such use. Users who visit the affiliates’ separate website should still refer to their separate privacy policies, which may differ in some respects from this privacy notice
  
  

• Real estate partners including serviced office operators.
  
  

• Real estate agents.
  
  

• Third party real estate brokers.
  
  

Customers (for example, we give the contact details of relevant staff of a real estate partner to a customer who wishes to make a booking for their workspace, to facilitate the booking and their ongoing dealings in relation to that workspace).

• Service providers - such as website hosting, analytics, and measurement, professional services, including information technology services, electronic communications providers, and related infrastructure, data lake management, analytics, customer service, e-mail delivery, client relationship management, auditing and other similar services. We also use payment platform/services providers – our current payment processor,
  
  

  Stripe may use your personal data (including transactional data and information about devices that connect to its services) in order to operate and improve its services to us including for fraud detection, loss prevention, authentication and analytics. You can learn more about Stripe and read its privacy policy at www.stripe.com/privacy
  
  

• Advertising and analytics companies may also collect and process personal data through our website and applications including identifiers and device information (such as cookie IDs, device IDs, and IP address), technical, profile, and usage data, and inferences based on and associated with that data, as described in section 8 of this Policy. These companies may combine this data across multiple sites to improve analytics for their own purposes and others. Some of the data disclosures to these companies may be considered a “sale” or “sharing” of personal data as defined under the laws of California and other U.S. states. Please see Section 8 - Cookies and Section 11 - Your Legal Rights: California Privacy Rights below for more details regarding how to manage your choices with respect to these disclosures.
  
  

• Professional advisers.
  
  

• 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 policy.
  
  

• Regulatory bodies and other authorities - to abide by applicable law or protect rights and interests of others or yourself. For example, we may disclose your personal data if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property, or interests, or prevent fraud or abuse.
  
  

We require recipients to respect the security of your personal data and to treat it in accordance with the law. After you submit a workspace enquiry to us, we may share your enquiry details (including contact details) with workspace providers and our commercial broker partners in order to provide office search support services to you. Those workspace providers and commercial broker partners may contact you to follow up on your enquiry.

6. International Transfers

We share your personal data within the Instant Group. This may involve transferring your data outside the UK/EU, to countries with data protection laws which may be of a lower standard than in the UK/EU.

It may also be processed by staff operating outside the UK/EU who work for us or for one of our suppliers, for example in the US, India, China, Singapore and South Africa. Such staff may be engaged in, among other things, the fulfilment of your order and any international requests that you make for serviced office solutions, the processing of your payment details and the provision of support services. It may also be processed in other locations where our partners and customers are located. By submitting your personal data, you acknowledge this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

Many of our external third parties are based outside the UK/EU so their and their sub-processors’ processing of your personal data may involve a transfer of data outside the UK/EU and in particular to the US.

Whenever we transfer your personal data out of the UK/EU, we will ensure a similar degree of protection is afforded to it by the transferee, such as through appropriate safeguards. Please contact us at Privacy@Worka.com if you would like to see a copy of the specific safeguards applied to the export of your information.

7. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing. Where we are required by applicable law, we will get your express opt-in consent before we provide you with direct marketing. We will also ask for your express opt-in consent before we disclose your personal data to any other company (including those within the Instant group of companies for marketing purposes), where required by applicable law.

You can ask us to stop sending you marketing messages at any time by using the unsubscribe feature on our email and any text communications to update your contact preferences. If you wish to opt-out from receiving marketing communications from any of our third-party partners, please contact the relevant business directly.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions, where we have a separate legal basis to use that personal data.

8. Cookies

A cookie is a small piece of data (text file) that a website, when visited by a user, asks your browser to store on your device in order to remember information about you, such as your language preferences or login information as an example. Those cookies are set by us and called first party cookies. We also use third party cookies, which cookies are from a domain different than the domain of the website you are visiting, used to understand usage, improving site features or personalised advertising as an example. You can find out more information about cookies here: http://www.allaboutcookies.org/

More specifically, we use cookies and other tracking technologies for the following purposes:

• Assisting you in navigation and ensuring your requirements go to the correct team globally
  
  

• Assisting you in finding and selecting offices, properties, products or services of interest
  
  

• Analysing your use of our website, products, services or applications
  
  

• Assisting with our promotional and marketing efforts
  
  

We use the following types of cookies on our websites:

• Strictly Necessary Cookies - These are essential in order to enable you to use the key features of the website. Without these cookies we will not be able to connect you to the offices, properties, products or services you are looking for. These cookies cannot be switched off.
  
  

The remainder of the cookies below are optional, and we require your consent before placing them. The following are not strictly necessary for the operation of this website but are needed to provide you with the best user experience.

• Performance Cookies - These cookies allow us to count visits and traffic sources, including A/B testing cookies, so we can measure and improve the performance of our websites. They help us know which pages are the most and least popular and see how visitors use our product for future improvements. If you do not allow these cookies, we will not know when you have visited our site, also reducing the information available to improve our website in the future.
  
  

• Functional Cookies - These allow us to remember choices you have made, such as previous searches to provide you a more enhanced, efficient and personal service. The information these cookies collect relates to our website only.
  
  

• Targeting Cookies - These third-party cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience targeted advertising across the websites.
  
  

When you visit our websites, you can access a detailed list of the cookies we use (with your consent, where required by applicable law) by clicking/selecting “cookie preferences” on the relevant site. Our websites are checked regularly to ensure this list is as accurate as possible.

You can opt-out of each cookie category (except strictly necessary cookies) by clicking/selecting “cookie preferences” on the site or using the following browser or platform controls. If you have any queries or require more information on this, please email Privacy@Worka.com

Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.

Do Not Track. Some browsers include a "Do Not Track" (“DNT”) setting that can send a signal to the websites you visit indicating you do not wish to be tracked. There is not a common understanding of how to interpret the DNT signal; therefore, our websites do not respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including “cookie preferences” on the site or the browser or platform described above.

Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.

Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images including web beacons, and the automatic connection to the web servers that host those images.

9. Data Security

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

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone in order to avoid illegitimate intrusion into your privacy or your business transactions.

All the information you provide will be held in the strictest confidence and only used for the purposes described in this Policy.

Although we will do our best to protect your personal data in accordance with industry practice, we cannot guarantee the security of your data transmitted to our website. Due to the nature of the internet, the transmission of information online is not completely secure. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access to, or loss, misuse, disclosure or modification of the personal data that you provide to us.

10. Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, for the purposes of satisfying any legal, accounting, or reporting requirements (where, by law or good industry practice, we have to keep certain information (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

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 requirements. If your personal data is used for two purposes, we will retain it until the purpose with the latest period expires.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. Your Legal Rights

You have the following rights (subject to certain conditions in data protection laws and other relevant laws which may apply):

If you are visiting our site or using our products and services from California, please see the California Privacy Rights at section 11 below: Your Legal Rights: “California Privacy Rights”.

• 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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.
  
  

• 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, please contact us at Privacy@Worka.com.

California Privacy Rights

If you are in California and the processing of personal data about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that data.

Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories, (please see section 2 “Data We Collect About You” below) of personal data and sensitive personal data to be collected, the purposes (please see section 4 “Purposes for which We Will Use Your Personal Data” below) for which such data is collected or used, whether such personal data is sold or shared, (please see section 5 “Disclosure of Your Information” below), and how long personal data is retained, (please see section 10 “Data Retention” below). You can find those details in this Policy by selecting the above links.

Right to Know. You have a right to request that we disclose to you the personal data we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of your personal data. Note that we have provided much of this information in this Policy. You may submit a “request to know” by contacting us at Privacy@Worka.com.

Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal data and that we delete personal data under certain circumstances, subject to several exceptions. You may submit a request to correct or delete, by contacting us at Privacy@Worka.com.

Right to Opt-Out. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.

Note that the CCPA defines “sell,” and “share” very broadly, and some of our data disclosures described in this Privacy Policy may be considered a “sale” or “sharing” under those definitions. In particular, we may let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our websites and apps when you use our Services, but do not “sell” or “share” any other types of personal data. If you do not wish for us or our partners to “sell” or “share” personal data relating to your visits to our sites for advertising purposes, you can make your request by clicking/selecting “cookie preferences” on the site or using the browser or platform controls described in section 8, (please see the Cookies section 8 above). If you opt-out using these choices, we will not disclose or make available such personal data in ways that are considered a “sale” or “sharing” under the CCPA. However, we will continue to make available to our providers (acting as our service providers) some personal data to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” or “shared” personal data or stop all interest-based advertising.

We do not knowingly sell or share the personal data of minors under 16 years of age.

Right to Limit Use and Disclosure of Sensitive Personal Data. We collect government-issued identifiers and information such as a username or account number in combination with a password, security or access code, or other credential allows you to log into an account. This information is considered “sensitive personal data” under CCPA. You have a right to limit our use and disclosure of sensitive personal data for any purposes other than to provide the services or goods you request or as otherwise permitted by law. Note that we do not use sensitive personal data for any such additional purposes.

Right to Non-Discrimination. You have a right to not be discriminated against for exercising these rights set out in the CCPA.

Authorized Agent. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

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 manifestly unfounded, repetitive or excessive. Alternatively, we may 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. For some types of personal data we may have, such as where you visit our website and are not authenticated, there is no reasonable method by which we can verify your identity as the person to whom that data relates.

Time Limit To Respond

Subject to the provision of the requisite information, we will try to respond to all legitimate requests within the time required by law (e.g. for EEA, UK, and Switzerland, one calendar month; for California, 45 days). Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. If this is the case, we will explain this to you within the first month.

Please be aware that your exercise of some of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime), our interests (e.g. the maintenance of legal privilege) and some of these rights may be limited where we are required or permitted by law to continue processing your personal data to defend our legal rights or meet our legal and regulatory obligations.

12. Changes to Our Policy

Any changes we may make to this Policy in the future, for example in relation to updates to our processes and purposes, will be posted on our website. Such changes will become effective upon your use of our website after such changes have been posted. If the changes are material, we may provide you additional notice, to your email address. We encourage you to periodically review this page for the latest information on our privacy practices.

13. Jurisdiction and Applicable Law

Terms and any dispute or claim arising out of or in connection with this Policy (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England in respect of Services globally (save for Services in North America where the governing law shall be the law of the State of New York).

The parties agree that the courts of England shall have exclusive jurisdiction except where New York law is the governing law in which case the courts of New York shall have exclusive jurisdiction.

14. Contacting Us

If you have any questions regarding this Policy or want to make a request to exercise any of your legal rights (as set out in section 11 above), please contact us by:

• emailing: privacy@worka.com
  
  

• clicking on the unsubscribe link in any of our email communications or via Your Account; or
  
  

• writing to the Data Privacy Manager at the Instant Group, The Blue Fin Building, 11^th
  
  

  Floor, 110 Southwark Street, London SE1 0TA.
  
  

If you are unhappy with how we have handled your data, or you are not satisfied with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the data protection authority in the country in which you reside, where your place of work is located or where the alleged infringement took place. In the UK, this is the ICO.

You can contact them by calling 0303 123 1113.

Or go online to www.ico.org.uk/concerns (please note we can't be responsible for the content of external websites)

We would, however, appreciate the opportunity to deal with your concerns before you approach any data protection authority so please contact us in the first instance at privacy@worka.com.

Thank you for visiting our website.