Privacy policy

ICO Registration Number: ZB152768

Introduction

We at Prevayl respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use our services. Our services include the provision of website content (regardless of where you visit the website from), the ability to purchase Prevayl clothing products and an electronic sensor, the ability to download and use the Prevayl app in conjunction with the Prevayl platform and the related analysis and content services that we provide via our software (the “Services”). This privacy policy tells you about your privacy rights and how the law protects you.

We comply with the principles relating to Processing of Personal Data set out in relevant data protection laws, which require Personal Data to be:

  1. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency);
  2. collected only for specified, explicit and legitimate purposes (Purpose Limitation);
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation);
  4. accurate and where necessary kept up to date (Accuracy);
  5. not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation); and
  6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).

We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW YOUR PERSONAL DATA IS COLLECTED
  4. HOW WE USE YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. DATA SECURITY
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. GLOSSARY

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Prevayl Limited collects and processes your personal data through your use of our Services, including any data you may provide through use of our Services.

Our Services are not intended for children (which we treat as individuals under the age of 13) and we do not knowingly collect data relating to children.

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

Controler

Prevayl Holdings Limited is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

Our data protection officer (DPO) is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO at dataprotectionofficer@prevayl.com.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority 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.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our Services may include links to third-party sites, plug-ins and applications. This includes our third party payment processor when you input your financial data. 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 sites and are not responsible for their privacy statements. When you leave our website or our Prevayl app, we encourage you to read the privacy policy of every other site or app you visit.

2. The data we collect about you

Personal data, or personal information, 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).

When you use our Services we may collect, use, store and transfer different kinds of personal data about you. The personal data will depend upon which of our Services you are using. This may include Special Categories of Personal Data. We have grouped the different types of personal data together as follows:

  • Identity Data includes first name, last name, e-mail address, date of birth, sex at birth, height and weight.
  • Contact Data includes email address and, potentially, telephone numbers.
  • Technical Data includes login data, time zone setting and location.
  • Profile Data includes your username and password, preferences, and any feedback and survey responses.
  • Usage Data includes information about how you use our Services.
  • Biometric Data includes when you did your recorded activities, how far you ran or cycled, how long you exercised for, your heart rates, etc. How far you ran or cycled is derived from location data. This will only be relevant when you connect one of our products or sensors to our app and platform.
  • Insights derived from biometric data include recovery scores, energy expenditure, exertion, training zones, etc. Again, this will only be relevant when you connect one of our products or sensors to our app and platform.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • We do not hold any financial data relating to you (Financial Data). In the event that you purchase a product from our website, your Financial Data will be held and processed by our card processor, Stripe.
  • We also collect and use anonymised Aggregated Data such as statistical or demographic data for any purpose including, importantly, improving our Services.
  • 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 app 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.
  • Currently we use Amazon Web Services (AWS) as our cloud hosting providers, using data centres within the European Economic Area. All your data stored in Amazon data centres is encrypted.
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, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Services). In this case, we may have to cancel a Service you have with us but we will notify you via your email address if this is the case at the time.

3. How your personal data is collected

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

  • Direct interactions. You may give us your Identity, Profile and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • buy products from our website;
  • download our app;
  • create an account with us;
  • subscribe to our Services or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our Services, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
  • Usage of our products and Services. During normal operation the app uploads selected data about you to our platform via an encrypted link, and the platform may in turn send Insights about your physical performance back to the app again via an encrypted link.
  • You can prevent this normal operation by logging out from the app. Please note that if you disable a normal operation any information that was previously sent to the platform will remain on the platform.
  • Any information about you that is held internally by the app on your mobile phone will be deleted when you delete the app from your mobile device.
  • As is common practice among IT service providers, we may use third party tools to analyse how you use our app and Services. Typically, these will be provided by Google Analytics, but we may also use other companies’ tools.

4. 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 we need to perform the contract we are about to enter into or have entered into with you – please refer to our Terms and Conditions.
  • 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.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before processing any Special Categories of Personal Data or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, 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. Please contact us 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.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new user on the app and platform

  1. Identity
  2. Contact

Performance of a contract with you

To process and deliver the Services including:

  1. Manage payments, fees and charges (through our third party payment provider)
  2. Collect and recover money owed to us
  3. Identity
  4. Contact
  5. Financial Data (through our third party payment provider)
  6. Usage
  7. Marketing and Communications
  8. Performance of a contract with you
  9. Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

  1. Notifying you about changes to our terms or privacy policy
  2. Asking you to leave a review or take a survey
  3. Identity
  4. Contact
  5. Profile
  6. Marketing and Communications
  7. Performance of a contract with you
  8. Necessary to comply with a legal obligation
  9. Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To record your exercise work outs and feedback health information to you

  1. Identity
  2. Contact
  3. Profile
  4. Biometric
  5. Performance of a contract with you
  6. Consent (for Biometric Data and other Special Categories of Personal Data)

To improve the accuracy of your daily exercise and activity statistics like your average heart rate, the number of calories you burned or the distance you travelled.

  1. Identity
  2. Contact
  3. Profile
  4. Biometric
  5. Performance of a contract with you
  6. Consent (for Biometric Data and other Special Categories of Personal Data)

To enable you to partake in a prize draw, competition or complete a survey

  1. Identity
  2. Contact
  3. Profile
  4. Usage
  5. Marketing and Communications
  6. Performance of a contract with you
  7. Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  1. Identity
  2. Contact
  3. Technical
  4. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
  5. Necessary to comply with a legal obligation

To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  1. Identity
  2. Contact
  3. Profile
  4. Usage
  5. Marketing and Communications
  6. Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy). We also use your information to make inferences and show you more relevant content.

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  1. Technical
  2. Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

  1. Identity
  2. Contact
  3. Technical
  4. Usage
  5. Profile
  6. Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or Services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us at any time.

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 or other transaction.

Cookies

We use cookies on this site. By using the site you are indicating that you are approving our use of 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 this website may become inaccessible or not function properly. If you wish to know which cookies are used, please contact us directly via our customer service contact.

Change of purpose

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 us.

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 above rules, where this is required or permitted by law.

5. 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 “Purposes for which we will use your personal data” in paragraph 4 above.

  • External Third Parties as set out in the Glossary.
  • 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 require all third parties to respect the security of your personal data and to treat it in accordance with the law. With the exception of our third party card processor, we do not allow our third-party service providers to use your personal data for their own purposes. We only permit any third party processor to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We do not transfer your personal data outside the United Kingdom or the European Economic Area (EEA).

7. Data security

We have put in place appropriate security measures to 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.

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.

8. Data retention

How long will you use my personal data for?

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

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will 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.

We take the security of Special Categories of Personal Data very seriously. We have administrative, physical and technical safeguards in place to protect Personal Data against unlawful or unauthorised Processing, or accidental loss or damage. We will ensure, where Special Categories of Personal Data are Processed that:

  1. The Processing is recorded, and the record sets out, where possible, a suitable time period for the safe and permanent erasure of the different categories of data.
  2. Where we no longer require Special Categories of Personal Data for the purpose for which it was collected, we will delete it or render it permanently anonymous as soon as possible.
  3. Where records are destroyed we will ensure that they are safely and permanently disposed of.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact us via email at dataprotectionofficer@prevayl.com.

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.

10. Glossary

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

EXTERNAL THIRD PARTIES

  • Service providers acting as processors based in the EU who provide IT and system administration and payment services.
  • In rare circumstances, our professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the EU who provide professional services.
Your legal rights

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.

Definitions

Controller: the person or organisation that determines when, why and how to Process Personal Data.

Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. A DPIA can be carried out and should be conducted for all major system or business change programmes involving the Processing of Personal Data.

DPA 2018: the Data Protection Act 2018.

Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the organisation's data privacy team with responsibility for data protection compliance.

GDPR: the General Data Protection Regulation ((EU) 2016/679).

Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably possess. Personal Data includes Special Categories of Personal Data.

Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Special Categories of Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data.

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