Privacy and Cookie Policy

Power Digital Limited
Last Updated: February 2021
 

We are committed to respecting your privacy and protecting your personal data. This privacy and cookie policy (“Policy”) sets out how we use data relating to you and applies to all use of your personal data by Power Digital Limited, a company registered in England and Wales under company number 12449882 and with registered office 139 Colindeep Lane, London, England, NW9 6DD (“we”, “us” or “our”).

This Policy sets out the basis on which personal data will be processed by us. This Policy applies to personal data we may collect from you, or that you provide to us, through or in connection with our application ‘Power’ (the “App”). Please read the Policy carefully to understand our views and practices regarding your personal data.

We will only collect and process information about you in accordance with this Policy and we will only use information collected about you in accordance with applicable data protection laws including without limitation the Data Protection Act 2018 and the UK GDPR (as defined in the Data Protection Act 2018). Where we decide the purpose or means for the processing of the personal data that you provide when using our Services, we are the “data controller”.

You have the right to object to the processing of your personal data, including where your personal data is being processed for direct marketing purposes. Further information on this right, and your other rights, is set out below.

If you have any concerns over privacy, or this Policy, contact us at Privacy@power.app.

 

HOW WE COLLECT AND USE YOUR PERSONAL DATA

The breakdown below explains what data we collect, how we use it, and which recipients it might be shared with:

    1. The user account data we process

    User Account information (information you provide to us to setup an App account):

    ·     Name;

    ·     Sex (optional);

    ·     Date of birth;

    ·     Email address; and

    ·     Country and region/state (optional).

    Why we process user account data

    We process this information in order for us to setup and manage your user account with our App. As part of this, our App determines the workouts that might be most appropriate or interesting for you.

    In order to undertake this processing activity, we rely upon the legal bases of performance of a contract (being the terms of our contract with you, being our Terms of Use and/or End User Licence Agreement). We also rely upon the legal basis of legitimate interests, being our interests in promoting the success of our business by providing you with high-quality functionality and user experiences in our App.

    Please note that all payment processing activities are carried out by your mobile device’s operating system developer (Google or Apple).

    2. The feedback, support and enquiry data we process

    App feedback, support  and enquiry information (information we receive when you get in touch with us for support through the App or by email):

    ·       Name;

    ·       Email address; and

    ·       Other personal data you choose to send to us.

    Why we process this data

    We process this information in accordance with the terms of our contract with you (where we need this information to provide our services to you such as under our Terms of Use or End User Licence Agreement) and in pursuit of our legitimate interests, to promote the success of our business, in responding to your enquiry and also in order to improve our services (such as where you notify us of a problem or a App issue).

    Where your submission to us involves feedback, we process your data on the basis of our legitimate interests to promote the success of our business, so that we can consider your feedback and, if appropriate, consider how we can improve our App and services.

    3. The analytics and technical data we may process

    App analytics and usage information (collected automatically when you use the App, or which may be available to us from App platforms / stores):

    ·       IP address;

    ·       Location (country and city);

    ·       Country of install and language;

    ·       Unique device ID, hardware manufacturer and model;

    ·       Operating system and version;

    ·       Relevant App and version; and

    ·       ‘Events’ related to App usage, such as progress, achievement of a milestone and the occurrence of other particular events during your App usage (such as App installation/uninstallation, workout session durations and choices/selections for different parts of the App, interactions with App content and timestamps).

    Why we process this data

    We may collect this data so that we can understand usage of our App, analyse and improve our App and develop new services or new parts thereof.

    In some cases it may also help us to identify problems (e.g. bugs or problems preventing in-App progression or optimisation) that we can then correct.

    In many cases the data would be aggregated and/or anonymised so that it would not identify you.

    Where we process this data for analytics purposes (for our research and App improvements), to the extent this data includes your personal data, we rely upon your prior consent for us to process it. You can withdraw your consent at any time by contacting us.

    In some cases, we may process this information for fraud prevention purposes such as to ensure that multiple users are not sharing the same App account. For that processing activity, we rely upon the legal basis of performance of a contract, being the Terms of Use and/or End User Licence Agreement terms of our App. We also rely upon our legitimate interests, being our interests in preventing fraud and unfair account sharing and so promoting the success of our business.

    Who we may share this data with

    Google, via their Google Firebase service, assist us with collecting and understanding analytics. Google will receive your data in order to provide us with this service. You can find out more about Google’s privacy practices here.

    4. Workout related data that we process

    Workout information (collected automatically when you use the App):

    ·       Information about your workout progression, such as your achievement of completing a workout plan, your progress within a plan, your workout frequency and other information relating to your use and engagement with workouts (“Workout Data”).

    Why we process this data

    We collect workout data so that we can: (1) present you with your workout plan progress in-App; and (2) customise the App workout content for you, such as by better understanding your preferred types of workouts and suggesting those available workouts to you.

    In many cases the data would be aggregated and/or anonymised so that it would not identify you.

    In order to provide you with the App and the functionality included in the App, it is necessary for us to process the Workout Data in this way. For this processing activity, we rely upon the legal bases of performance of a contract, being our End User Licence Agreement and/or Terms of Use under which we provide you with the App. We also rely upon our legitimate interests, being our interests in providing high quality, engaging App functionality and so promoting the success of our business.

    We do not process your perceived health or medical data as part of this activity.

    Who we may share this data with

    Google, via their Google Firebase service, assist us with collecting and understanding analytics. Google will receive your data in order to provide us with this service. You can find out more about Google’s privacy practices here.

    5. Transformation photograph data we may collect

    Transformation photo data (where you would like to use our transformation photo functionality):

    ·       Your submitted photographs; and

    ·       Details you submitted along with the photographs, such as time stamps.

    Why we process this data

    As part of our App’s functionality, we offer you the ability to take photographs and save them and/or use them in the App to help record your fitness transformation.

    This is optional functionality. Your transformation photos will be kept private in your user account and not publicly shared, unless you may choose to use functionality that may enable you to do so (such as via your own social media).

    We process this information on the basis of our legitimate interests, being our interests in providing you with enhanced and high-quality App functionality that we think will be interesting and useful for you and thus to promote the success of our business.

    We do not process your perceived health or medical data as part of this activity.

    6. Competition / prize promotion data we may collect

    Competition and promotion related entry data (where you may enter a competition / prize promotion with us (such as over email or over social media)):

    ·       Your entry contact information (e.g. social media username or email);

    ·       Information submitted as part of your entry; and

    ·       Information submitted so we can process your entry (such as your address, if we need to send you a prize).

    Why we may process this data

    We may from time to time operate prize promotions and competitions (without any obligation to do so). If we do, your personal data processed in connection with that activity would be processed on the basis of performance of a contract (being the competition / prize promotion terms of entry).

    7. Order information we may process

    The following may be processed to fulfil orders for in-App content and purchases, or subscriptions (where made available):

    ·       Your order information;

    ·       Your mobile device’s unique device ID;

    ·       Your user/account ID (where applicable);

    ·       Your email address; and

    ·       Your name.

    Why we may process this information

    If you make purchases through the App and/or make an order for a subscription purchase, your order and information may be processed so that you can access these features within the App and for us to fulfil your order.

    For the above purposes, we rely upon the legal basis of performance of a contract, being our Terms of Use or End User Licence Agreement with you.

    Who this information may be received by

    First-party application stores, such as the Apple App Store or Google Play Store, will receive this data in order to be able to process your order and assist with its fulfilment.

    8. Device-level consents and push notifications

    Most smartphone and tablet devices compatible with the App provide in-device privacy control mechanisms such as that the device may require your prior consent (to your device provider) in order for the Application to access certain device data and to provide you with certain App functionality.

    You can control your device-level consents by selecting your preferred option in the ‘pop-up’ option your device presents to you at the relevant time. Also, you may be able to edit your preferences later in the 'settings' options available from your device provider.

    Your editable consent preferences may include, for example, whether you would like the App to send you 'push notifications' on your device or not.

    9. Newsletter data we may process

    Email newsletters (if we operate them) may process:

    ·       Your email address; and

    ·       Other information collected and clearly identifiable to you at the point of your signing up to our email newsletter. 

    Consent-based mailing lists

    We may process your data to make suggestions and recommendations to you and other users of our services about: (i) news and updates relating to us, our partners, products, services and content; (ii) content, goods and services that may interest you; and (iii) other promotional activity and events we think may be of interest.

    To the extent required by law, we rely upon your consent in order for us to undertake this data processing activity. You can revoke your consent at any time by letting us know, including by emailing us.

    ‘Soft opt-in’ mailing lists

    In some instances (such as with some of our existing customers) the law may permit us to process your personal information in order to send information to you by email that we think is of interest for you on the basis of our legitimate interests, being our legitimate business interests in marketing our activities and promoting the success of our business and our websites, content, products and services. We may process your information for this purpose. If the information is not of interest for you, you can opt-out at any time by letting us know, including by emailing us.

    Who this data may be shared with

    We may share this information (or a part of it) with our email marketing vendor MailChimp (The Rocket Science Group LLC). You can find out more about their privacy practices here.

     

    YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

    • You have certain rights over the way we process personal data relating to you. We aim to comply without undue delay, and within one month at the latest, in response to any requests submitted by you to us:
    • for a copy of personal data we are processing about you and/or to have inaccuracies corrected;
    • to restrict, stop processing, or to delete your personal data;
    • for a machine-readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
    • to make a complaint to a data protection regulator. You may contact them at: https://ico.org.uk/concerns/.

      To make a request in relation to any of the aforementioned rights, please send your request to our Grievance Redressal Officer at privacy@power.app or write to us at the following address:

      Mr. Katani, Grievance Redressal Officer,

      Power Digital Limited

      139 Colindeep Lane

      London

      England

      NW9 6DD

      • You may request deletion of your personal data by sending an e-mail to privacy@power.app. Please note that some information may remain in our private records after deletion. We may use any aggregated data derived from or incorporating your personal data but not in any manner that would identify you personally.
      • For data processing activities for which we rely upon your consent, you can withdraw your consent at any time by using the tools provided (if applicable, such as in-App or through your device settings) or otherwise by contacting us at privacy@power.app.

         

        DISCLOSURE OF YOUR PERSONAL DATA

        • We will share your personal data with third parties only in the ways that are described in this Policy.
        • Group, suppliers, subcontractors, service providers. We keep your personal data confidential, but may disclose it to any member of our corporate group, our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Policy.
        • Government authorities. In addition, we may disclose your personal data to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
        • Potential acquirers or investors. If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the personal data we hold may be included as part of that sale, in which case you will be notified via email, your account and/or a prominent notice on the website of any changes in ownership or use of your personal data, as well as any choices you may have.
        • We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of us, our personnel or customers, or others.
        • We may also disclose your personal data, to the extent necessary, to application stores or platforms (such as the Apple App Store and Google Play Store) if that is required, for example, for fulfilment of an order you make (e.g. if needed to fulfil a subscription order) or in order to investigate or prevent fraud. Such platforms and stores may also process your information in order to provide you with cross-device access to your current position in the App and your in-App progression, for example.
        • We only permit our suppliers and subcontractors to process your personal data for specified purposes and in accordance with our instructions. All our third-party service providers are required to take appropriate security measures to protect your personal data.

         

        DATA RETENTION

        • We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected, or as otherwise described in this Policy.
        • 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.

         

        SECURITY

        • We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Services taking into account the likelihood and severity those risks might pose to the rights and freedoms of our Service visitors and customers.
        • In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal data transmitted, stored or otherwise processed by us.

         

        INTERNATIONAL DATA TRANSFERS

        • Where necessary, there are agreements in place to ensure that personal data is processed using appropriate safeguards that meet the requirements of data protection laws. Such appropriate safeguards may include standard data protection clauses adopted by a data protection regulator and approved by the European Commission, such as the European Commission’s standard contractual clauses, or other appropriate measures.
        • If you would like to find out more about these safeguards or if you have any other queries or comments in relation to this Policy, please let us know by emailing us at privacy@power.app.

         

        CHILDREN

        PLEASE ABIDE BY THE AGE RESTRICTION FOR OUR APP USERS AS SET OUT IN OUR TERMS OF USE AND/OR END USER LICENCE AGREEMENT TERMS. WE DO NOT USE THE SERVICES TO KNOWINGLY SOLICIT DATA FROM OR MARKET TO CHILDREN UNDER THE AGE OF 13. IF A PARENT OR GUARDIAN BECOMES AWARE THAT HIS OR HER CHILD HAS PROVIDED US WITH INFORMATION WITHOUT THEIR CONSENT, HE OR SHE SHOULD CONTACT US AT PRIVACY@POWER.APP. WE WILL DELETE SUCH INFORMATION WITHIN A REASONABLE TIME.

         

        GENERAL

        • If you follow a link from the Service to any third party websites, you should be aware that those websites may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites.
        • We may make changes to this Policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email.
        • All questions, comments or enquiries should be directed to us. We will try to respond to you within 48 hours or otherwise within a reasonable time.

           

          CONTACT US

          E-mail: privacy@power.app