PLEASE READ THESE LICENCE TERMS CAREFULLY
ON SIGN UP: BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE APP.
ON INSTALLATION OF THE APP: BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, 24N Levels Limited, of 164 Walkden Road, Worsley, Manchester, Lancashire, United Kingdom, M28 7DP license you to use (as permitted in these terms):
LEVLS (version 1.0.0) mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
The related online documentation (Documentation).
The service you connect to via the App and the content we provide to you through it (Service).
Please note that these terms are between us and you, and not the applicable app store provider. We are solely responsible for the App and any content produced or provided on it, or any Service provided on it.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice which you can access here https://api.24n.levls.app/terms_and_conditions and it is important that you read that information.
You acknowledge that where you create a profile on the App, your profile picture and username will be visible to other members or users of the App. Any contact details or other information that we collect from you will not be shared with other users of the App.
You acknowledge that in order to use some features of the App, you may need to provide certain information relating to your health, fitness and general ability to undertake exercise. This information will not be shared with other users of the App. You acknowledge that where we do require certain information for you to use a feature of the App, if you do not provide that information then you may not be able to use that feature or the feature may not function fully.
Where you provide us with details of your workouts in order to take part in our in-App contests and to feature on our leader board (where applicable), you acknowledge that we will post details of your workouts for others to see and such details will be connected to your profile.
Where we opt to include a feature where you are able to post content on our App, you acknowledge that if you do so, this content may be visible to other members or users of the App. You should not post anything that is confidential. You will be responsible for any information you upload or transmit via the App (including any content that you communicate to us via the App).
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
OTHER TERMS INCLUDING APPLE STORE AND GOOGLE PLAY’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by Apple Store and Google Play’s rules and policies and Apple Store and Google Play’s rules and policies will apply instead of these terms where there are differences between the two.
Where applicable, you must also comply with any other applicable third party terms of agreement when using the App.
OPERATING SYSTEM REQUIREMENTS
This App requires a device operating either Android version SDK 21 (which requires Google Play services) or iOS 9.0 or such other later version as may be released from time to time.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you have any questions or need support in relation to the App, please contact us and not the app store provider, as they are under no obligation to help with any support or maintenance questions arising out of the use of the App.
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at 24N website.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@levls.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto any number of compatible devices and view, use and display the App and the Service on such devices for your personal purposes only;
use any Documentation to support your permitted use of the App and the Service;
provided you comply with these terms, make a copy of the App for back-up purposes; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
We provide the App to our users free of charge and all users can access our limited functionality App platform.
We also provide an option to users of our App to purchase a premium monthly membership which will permit the user to use an enhanced version of the App with full functionality, including additional content and other features. Our premium monthly membership users will also enjoy the use of the App without advertisements.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out in these terms. You may not otherwise transfer the App or the Service or any content contained in the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Where we have given you (or where you have been prompted to set up) a user name and password that enables you to access the App or Services or to sign in to your account on the App, you are responsible for keeping these details confidential. We request that you do not share your account details with anyone else. You are responsible for any activity that take place under your user name and password. In the event that your account details are compromised, please notify us immediately.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us (including via advertisements placed on our App). Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You must:
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not share any user name or password with any other person or allow unauthorised access to your account on the App;
not impersonate any person or entity;
only use the app for your own personal use and not in connection with any business or commercial activities;
broadcast, share or otherwise make available to any third party any of the content of the App or the Services;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service. You will be responsible for any information or content that you upload or transmit via the App;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Whilst using the App and Services to carry out or in connection with fitness exercises:
please take care when carrying out any exercises via the App or recommended on the App and act sensibly and responsibly at all times;
you must not carry out any exercise if you are under the influence of alcohol or non-prescription drugs;
we are not qualified to express an opinion that you are fit to safely participate. If you are unsure or need medical advice, you should obtain professional or specialist advice from your doctor before participating or embarking on a fitness routine or exercise (including if you have any pre-existing health conditions or are pregnant); and
Where you are using your device whilst exercising, make sure that you clear enough space to safely carry out the exercise without hitting items around you and position your device securely.
In order to use certain features on the App, we may ask you to provide details relating to your health, fitness and ability to carry out exercise. Please note that we are not qualified to and will not express an opinion that you are fit or able to safely participate in any fitness programme. Where required, you should seek appropriate medical advice from a medical professional. For more information on the Health Data that we may collect and process, please see our Privacy Notice.
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors where applicable) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
In the event of any third party claim that the App or your possession and use of it or the Service infringes that third party’s intellectual property rights, we and not the app store provider will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Where you provide a photograph which is covered by intellectual property rights for your profile picture, you specifically give us the following permission, subject to your privacy and app settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use the photograph that you post on the App. This IP licence ends when you delete the photograph or your account on the App. Please note that, subject to your privacy and app settings, when you publish a photograph as your profile picture, you are allowing everyone to access and use that information and it will be associated with you and your account.
Please note, that where you delete IP Content, removed content may persist in backup copies for a reasonable period of time but will not be available to others.
If we allow at any time for you to post content on the App other than profile picture and username and that content is covered by intellectual property rights, you give us permission, on the terms of the above IP licence, to use that content that you post on or in connection with the App.
In the event of any failure of the App to conform with any applicable warranty, you may notify the app store provider in order to obtain a refund of the purchase price for the App and (to the maximum extent permitted by applicable law) the app store provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to confirm to any warranty will be our sole responsibility (see below).
We are responsible for addressing any claims from you or any third party relating to the App or your possession or use of it, including (but not limited to):
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
By accepting these terms, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Aside from as set out in this section, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
The app store provider and its subsidiaries are third party beneficiaries and upon your acceptance of these terms, will have the right to enforce these terms against you.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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PRIVACY NOTICE
24N Levels Limited (“we”) are committed to protecting your personal data and respecting your privacy.
This privacy notice (together with our end-user licence agreement as set out at https://api.24n.levls.app/terms_and_conditions (EULA) and any additional terms of use incorporated by reference into the EULA (together our Terms of Use) applies to your use of:
LEVLS (version 1.0.0) mobile application software (App) available on the Google Play store at https://play.google.com/store/apps/details?id=com.netsells.n24 or the Apple App store at https://apps.apple.com/pl/app/id1563185228?l=pl (the “App Site”), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites), unless the EULA states that a separate privacy notice applies to a particular Service, in which case that privacy notice only applies.
This privacy notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
This App is not intended for children and we do not knowingly collect data relating to children.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below.
IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED?
HOW WE USE YOUR PERSONAL DATA
DISCLOSURES OF YOUR PERSONAL DATA
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS
GLOSSARY
DESCRIPTION OF CATEGORIES OF PERSONAL DATA
IMPORTANT INFORMATION AND WHO WE ARE
24N Levels Limited is the controller and is responsible for your personal data (collectively referred to as "we", "us" or "our" in this policy).
We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.
CONTACT DETAILS
Our full details are:
Full name of legal entity: 24N Levels Limited
Name or title of data privacy manager: Robert Hartley
Email address: support@levls.com
Postal
address:
LEVLS
Soho Works White City House
2 Television Centre
101 Wood Lane
London
W12 7FR
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy notice under regular review. This version was last updated in May 2021. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App or log onto one of the Services Sites. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.
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 our relationship with you.
THIRD PARTY LINKS
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
We may collect, use, store and transfer different kinds of personal data about you as follows:
Identity Data.
Contact Data.
Financial Data.
Transaction Data.
Device Data.
Content Data.
Profile Data.
Usage Data.
Marketing and Communications Data.
Health Data (see below under “Special Category Personal Data”).
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. 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 notice.
SPECIAL CATEGORY PERSONAL DATA
In addition to the personal data set out above, we may also (where required) collect certain information relating to your health from you including information such as your current weight and height, details of any health problems (current or previous), prescription medications that you may be taking, relevant medical history, information relating to your general fitness and other health information to enable us to provide you with our Services (“Health Data”). Health Data may also include any health conditions that you declare to us or inform us about prior to or whilst using the App or our Services.
We will not collect any other Special Categories of Personal Data about you (including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU DO NOT PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, or where we need particular personal data in order to provide you with access to certain features of the App or the Service, 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 access to certain features of the App or to our Services).
HOW IS YOUR PERSONAL DATA COLLECTED?
We will collect and process the following data about you:
Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, enter a competition, promotion or survey, sign-up to take part in an in-App contest and feature on the leader board and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
Information we collect about you and your device. When you visit or use one of Our Sites or use one of our Apps, we may collect personal data, including Device, Content and Usage Data.
Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties as set out below:
Device Data from the following parties:
analytics providers such as Google based outside the UK; and
search information providers such as Google based outside of the UK.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal based outside the UK;
Identity, Contact, Financial and Transaction Data from app store providers based outside of the UK.
Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
Where you have consented before the processing.
Where we need to perform a contract we are about to enter or have entered with you.
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 or regulatory obligation.
See the section Glossary: Lawful Basis below to find out more about the types of lawful basis that we will rely on to process your personal data.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
Purpose/activity |
Type of data |
Lawful basis for processing |
To install the App and register you as a new App user and to allow you to set up a profile |
Identity Contact Financial Device Profile
|
Your consent |
To process in-App purchases and deliver Services to you (including managing payments and collecting money owed to us where applicable) |
Identity Contact Financial Transaction Device Marketing and Communications Location Health Data (see below)
|
Your consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you including notifying you of changes to the App or any Services |
Identity Contact Financial Profile Marketing and Communications |
Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions) |
To enable you to participate in a prize draw, competition or complete a survey or to enable you to take part in our in-App contests and feature on our leader board |
Identity Contact Device Profile Marketing and Communications |
Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business) |
To administer and protect our business and this App including troubleshooting, data and statistics analysis and system testing and to improve our App
|
Identity Contact Device Usage |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
To deliver content and advertisements to you To make recommendations to you about goods or services which may interest you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the App
|
Identity Contact Device Content Profile Usage Marketing and Communications Location |
Consent Necessary for our legitimate interests (to develop our products/Services and grow our business) |
SPECIAL CATEGORY PERSONAL DATA
In addition to the above, where we collect and process Health Data, we do so only in order to provide the Services via our App or Services Sites that you are requesting that we provide to you and so that we can perform the contract with you. We will obtain explicit consent in order to collect and process Health Data and to share it with selected third parties in order to provide our Services to you via our App or Services Sites.
DISCLOSURES OF YOUR PERSONAL DATA
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table above (“Purposes for which we will use your personal data”):
App store providers who make our App available to you and (where applicable) any payment-processing services provider that the app store provider uses.
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.
Certain information may be also be shared with your mobile network operator.
External Third Parties as set out in the Glossary below.
Your contact details that we collect will not be shared with other users, but (where applicable) your posts, profile picture, username and name will be associated with your posts and visible to members or other users of the App.
Where our external third parties are based outside the UK, their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
For information on the data security measures that the app store provider has in place (for example in relation to the making of payments), please refer to the applicable app store provider’s policies. Where we take payments for in-App purchases, we ensure that we use PCI:DSS compliant payment services.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
Where our Services include any feature that allows you to post content or to interact with other people (including other users or members of the App), you should ensure that when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
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.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see the section 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.
In the event that you do not use the App for a period of 12 months then we will treat the account as expired and your personal data may be deleted.
Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
Please click on the links below to find out more about these rights:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer or your personal data.
Right to withdraw consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us on the email address above.
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
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.
Service providers acting as processors or controllers based in the United Kingdom who provide IT, App development services and system administration services (including maintenance and support) and marketing services.
Professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue and Customs, regulators and other authorities acting as processors or controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
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:
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; or
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.
DESCRIPTION OF CATEGORIES OF PERSONAL DATA
Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender, city and country where you are located.
Contact Data: billing address, delivery address, email address and telephone numbers.
Financial Data: bank account and payment card details.
Transaction Data: includes details about payments to and from you and details of in-App purchases.
Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and the time zone setting.
Content Data: includes information stored on your Device, including login information, photos, videos or other digital content.
Profile Data: includes your username and password, your profile picture, in-App purchase history, your interests, preferences, feedback and survey responses and your user history (including your participation in any in-App contests and your previous rankings on our leader board).
Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Location Data: includes your current location disclosed by GPS technology and other similar technologies.
Health Data: includes your weight, height, relevant medical history, any prescription medication you are taking, details of any applicable health problems, information and statistics relating to your general fitness, health conditions that you have declared and other health information.