Legitimate Interests Assessment — Pricing

Part 1: Purpose Test

Why do you want to process the data?

To determine fair pricing on behalf of our customers.

What benefit do you expect to get from the processing?

We benefit from being able to sell services that help our customers determine the most fair pricing for each of their users.

Do any third parties benefit from the processing?

Many of our customer's users benefit from being able to purchase products for lower prices.

Are there any wider public benefits to the processing?

The services we provide help enable sustainable revenue streams for our customers who in turn are able to continue providing critically important products and services to the world, such as news, entertainment, and more.

How important are the benefits that you have identified?

Highly important. We need to understand the non-PII characteristics of our customer's users to recommend a fair price.

What would the impact be if you couldn’t go ahead with the processing?

Loss of customers and unfair pricing for many of our customer's users.

Part 2: Necessity Test

Will this processing actually help you achieve your purpose?

Yes. Every prospective customer has a unique set of characteristics. Ignoring this reality and offering static pricing across a wide range of users results in unfair pricing for most users.

Is the processing proportionate to that purpose?

We believe so.

Can you achieve the same purpose without the processing?

No, not currently.

Can you achieve the same purpose by processing less data, or by processing the data in another more obvious or less intrusive way?

Every person using the internet does so with a requesting IP Address and device User Agent. We cannot achieve our purpose without at least processing an IP Address.

Part 3: Balancing Test

Nature of the Personal Data
Is it special category data or criminal offence data?


Is it data which people are likely to consider particularly 'private'?


Are you processing children's data or data relating to other vulnerable people?


Is the data about people in their personal or professional capacity?


Reasonable Expectations
Do you have an existing relationship with the individual?

It varies by customer. Some of our customers intend to change their prices for new users only, others intend to change prices for all of their users.

What’s the nature of the relationship and how have you used data in the past?

As above. In some cases our customers have only used static prices for all users, in other cases, they have attempted personalized pricing.

Did you collect the data directly from the individual? What did you tell them at the time?

All our data was freely given by the individual themselves. What the individual was told varies based on the privacy policy of each of our customers.

If you obtained the data from a third party, what did they tell the individuals about reuse by third parties for other purposes and does this cover you?

We have never obtained data from a third party.

How long ago did you collect the data? Are there any changes in technology or context since then that would affect expectations?

We started processing data in 2019. No changes have occurred since then that would affect expectations.

Is your intended purpose and method widely understood?

Yes, businesses of all kinds change prices based on the market conditions where they are operating. This is a well-established business practice that we are helping bring to internet-based businesses.

Are you intending to do anything new or innovative?

We intend to do all that we can to determine the most fair pricing possible—though the data processing described here remains very simple.

Do you have any evidence about expectations – eg from market research, focus groups or other forms of consultation?


Are there any other factors in the particular circumstances that mean they would or would not expect the processing?

We believe our customers expect our personalized pricing by way of well-established precedent in older businesses like air travel and newer business like ride sharing..

Likely Impact
What are the possible impacts of the processing on people?

Our customer's users will see pricing personalized to their individual characteristics.

Will individuals lose any control over the use of their personal data?

No, they can change their requesting IP Address or User Agent at any time.

What is the likelihood and severity of any potential impact?

In terms of negative impact, negligible and negligible.

Are some people likely to object to the processing or find it intrusive?

A very small minority of people may object, however, the majority of people will benefit from more fair pricing that aligns more closely with their individual characteristics.

Would you be happy to explain the processing to individuals?


Can you adopt any safeguards to minimise the impact?

Yes, we can maintain a list of IP Addresses and User Agents for which we provide "unknown" pricing recommendations to our customers.

Can you offer individuals an opt-out?


Making the Decision

Can you rely on legitimate interests for this processing?


Still looking for more information on data privacy? Contact us and we'll be glad to help.