Data and Upgrade - continuation of service

Data and Upgrade - continuation of service

Overview

Upgrade to keep access: When your Qwil Messenger subscription expires, your organisation's account will be paused ("Frozen") until upgraded. As the data controller, you retain full ownership and control of your data (and your client's data) and you can restore access and continue using Qwil by upgrading

This means:

  • Access to the Qwil Messenger platform is fully restricted for both staff and clients
  • Your data is securely retained for a limited period
  • You can restore access at any time by upgrading or reactivating your subscription

As the data controller (as the customer, you retain full ownership and control of your client data at all times. 

You are also responsible for keeping a record (for example downloading the chats and documents or having a copy in a CRM - this may have been done already, please check with your administrator) for your users ahead of expiry. Neither staff nor clients can export the data after expiry. 

Customers, appointed representatives, members of networks who have an organisation in Qwil (with staff and clients invited) are data controllers of their client data (potentially as a joint basis).

As the data controller, you can enter into a new contract to continue using the services. 

If you have any questions, do reach out to the team

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1. Data Ownership & Responsibilities

You remain the data controller

  • You retain full ownership and control of your client data
  • Qwil Messenger acts as a data processor, storing and securing data on your behalf

2. Your Regulatory Obligations

As a data controller, you must continue to meet obligations under:

  • UK GDPR - including:
    • lawful processing
    • appropriate security
    • data minimisation and retention
  • Financial Conduct Authority (FCA) requirements - including:
    • maintaining appropriate records of client communications
    • ensuring data is accessible and retrievable when required

Even if your account is paused, your regulatory responsibilities as a data controller continue.

3. What Does "Paused" or "Frozen" Mean?

When your subscription expires:

  • Access to Qwil Messenger is fully locked
  • Staff and clients cannot access messages, documents or data
  • A prompt will appear asking you to upgrade or reactivate

Once payment is made:

  • Access is automatically restored
  • All users, messages and historical data will be available again

4. Data Retention After Expiry

  • Your data is securely retained for up to 90 days following expiry
  • During this time:
    • Data is preserved but not accessible
    • You may reactivate your account to regain access
  • After this period:
    • Data may be permanently deleted, subject to our contractual terms

Deletion is carried out in a controlled and secure manner, in line with Qwil Messenger's obligations as a data processor.

5. Important: Access to Data

  • There is no access (including read-only) during the paused period
  • Data cannot be exported after expiry

As data controllers, you are responsible for downloading your chats and documents ahead of expiry for staff and client users. Clients may request a copy of the transcripts and documents as this is their personal data. They also have the ability to download the data ahead of expiry. Qwil Messenger is the data processor and can not provide data to users.

Relevant client records and documents may already be available in other systems (CRMs). Your record keeping requirements may be supported by another service. 

6. Restoring Access

You can restore access at any time by:

  • Making payment via the platform (automatic reactivation), or
  • Contacting support for assistance

Once reactivated ("unfrozen"):

  • The service resumes as normal
  • All data and users are restored

7. Managing Users

Before expiry, you may wish to:

  • Review active staff users
  • Deactivate any users no longer required

You can update user numbers before expiry, or after reactivation.

8. Pricing & Upgrades

  • Pricing is displayed on the upgrade page
  • Any applicable discounts will be applied automatically or via code

9. Contractual Position

When you upgrade:

  • Your organisation enters into a new agreement with Qwil Messenger
  • The individual completing the upgrade confirms they are authorised to act on behalf of the organisation

10. If You Do Not Wish to Continue

If you choose not to continue using Qwil Messenger:

  • Your account will remain paused until deactivated
  • Your data will be securely deleted after the retention period, in accordance with our contractual and data protection obligations

11. Qwil Messenger's Data Protection Commitment

As a data processor, Qwil Messenger:

  • Processes data only in accordance with your instructions
  • Implements appropriate technical and organisational security measures
  • Retains data only for the agreed retention period
  • Deletes data securely at the end of that period

This ensures compliance with UK GDPR requirements relating to security (Article 32), processor obligations (Article 28), and deletion/return of data.

12. Clients data export and requests

Staff and clients will be informed in Qwil Messenger that the service is expiring and prompted to ensure the data remains available either by contacting the data controller or exporting the transcripts and documents directly from the system ahead of the expiry. Qwil Messenger is fulfilling its obligations as data processor and informing all users of the loss of access to their data at expiry. 

Please refer to this article