WithU SaaS PRODUCT PRIVACY POLICY
WITHU HOLDINGS LIMITED ( we ) are committed to protecting your company and personal data and respecting your privacy. We know that SaaS subscribers are becoming increasingly concerned about what happens to their data. We have invested a significant amount of time and money to ensure that the amount of company and personal data we collect and store is at a minimum.
INTRODUCTION
This policy (together with our SaaS Terms of Service https://withutraining.com/legal relates to your company or gym subscription to the WithU SaaS product. ( Terms of Use )
There are separate Terms of Use relating to the personal use of the WithU mobile application software ( App ). These terms incorporate our end-user licence agreement as set out at https://withutraining.com/eula.html ( EULA ) and any additional terms of use incorporated by reference into the EULA and our user Privacy Policy https://withutraining.com/privacy
This policy also applies where you contact us either directly or through our Website or through links on other websites or social media.
This policy sets out the basis on which any company data we collect from you on subscription, or that you provide to us, will be processed by us. Our SaaS product or App are not intended for children under the age of 18. Please read the following carefully to understand our practices regarding your company data and how we will treat it.
When you subscribe to our SaaS product and agree to our Terms of Use, you will provide us with your personal name, company or gym name and email address. This is required to enable us to provide you with the WithU SaaS product and create a WithU profile for you.
IMPORTANT INFORMATION AND WHO WE ARE
WITHU HOLDINGS LIMITED is the controller and is responsible for your company and personal data (collectively referred to as “Withu”, “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: WithU Holdings Limited
- Email address: dpo@withutraining.com
- Postal address: WITHU HOLDINGS LIMITED, Scott House, The Concourse Waterloo Station, London SE1 7LY
- Website address: https://withutraining.com ( Website )
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 or other competent supervisory authority of an EU member state if the WithU SaaS product is subscribed to outside the UK. For further information please visit https://ico.org.uk/make-a-complaint/.
Changes to the privacy policy and your duty to inform us of changes
We keep this privacy policy under regular review.
This version was last updated on the 19th November 2020. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you on your WithU profile. 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 WithU SaaS product.
It is important that any company and personal data we hold about you is accurate and current. Please keep us informed if your company or personal data changes during our relationship with you.
Third party links
Our Website 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 company or personal data to these websites or use these services.
THE DATA WE COLLECT ABOUT YOU
You will be asked to supply your name, company or gym name and email address (Contact Data) so we can send you the download link and create a WithU profile for you. In such a case we will retain the Contact Data for as long as you remain a WithU SaaS product user.
HOW IS YOUR COMPANY AND PERSONAL DATA COLLECTED?
We will collect and process the following data about you:
- **Information you give us directly. ** This is information you consent to giving us about you by corresponding with us (for example, by email or chat or using our helpdesk) or by filling in your contact details on a web-based form, so we can send you the WithU SaaS product. It includes information you provide when you share information on our social media pages and when you report a problem with the SaaS product or App.
- Survey and Feedback Data. You may choose to respond to surveys and feedback requests on the App. We will collect store and process any information you provide us.
HOW WE USE YOUR PERSONAL DATA
We will only use your company and 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.
PURPOSES FOR WHICH YOUR DATA WILL BE USED
| Purpose/activity | Type of data | Lawful basis for processing |
|---|---|---|
| To send you a link to download the SaaS product | You may have to supply us with your name and email address on a web-based form. | Your consent |
| To install the product, manage payments and register you as a new App user | This process is managed by WithU and our PCI compliant payment operator. We do not have any visibility of or access to any of your company or personal data processed by the payment operator. | Your consent |
| To manage our relationship with you including notifying you of changes to the App or our Terms of Use | We will email this information to you or update you on your WithU profile. | We will do this in order to be able to perform a contract with youIn some cases, it will be necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)In other cases, it will be necessary to comply with legal obligations (to inform you of any changes to our terms and conditions) |
| To enable you to complete a survey | We will interact with you via email or on your WithU profile. | Your consentPerformance of a contract with youNecessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business) |
| To respond to enquiries and other communications you direct to us including through our Website | Communication data | Your consent |
| To identify, diagnose and fix any problems you may have with using the Product | Contact Data | To perform a contract with you (to remedy issues)Your consent (additional communications data) |
| To administer and protect our business and this product including troubleshooting, data analysis and system testing | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) | |
| To manage, and if relevant, to terminate your account, | Your work email address | To fulfil a contract with you |
DISCLOSURES OF YOUR PERSONAL DATA
When you consent to providing us with your company and 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 list below:
- Third parties to whom we have outsourced some aspects of the Product and the associated services, such as {ED TO ADD}. For details on our providers please contact us at dpo@withutraining.com
- 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 company and personal data in the same way as set out in this privacy policy.
After you place an order on our Website you will need to make payment for the goods or services you have ordered. In order to process your payment we use Stripe, a third party payment processor.
Your payment will be processed by Stripe, who collect, use and process your information, including payment information, in accordance with their privacy policies. You can access their privacy policy via the following link: https://stripe.com/gb/privacy
Stripe’s services in Europe are provided by a Stripe affiliate—Stripe Payments Europe Limited (“Stripe Payments Europe”)—an entity located in Ireland. In providing Stripe Services, Stripe Payments Europe transfers personal data to Stripe, Inc. in the US.
For further information about the safeguards used when your information is transferred outside the European Economic Area, see International Transfers below.
INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the EEA so their processing of your company and personal data will involve a transfer of data outside the EEA.
Whenever we transfer your company or personal data out of the EEA, 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 company or personal data to countries that have been deemed to provide an adequate level of protection for company or personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.; or
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give company or personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries; or
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to company or personal data shared between Europe and the US. For further details, seeEuropean Commission: EU-US Privacy Shield.
- Please contact us if you want further information on the specific mechanism used by us when transferring your company and personal data out of the EEA.
DATA SECURITY
All information you provide to us is stored on our secure servers.
Once we have received your information, we will use strict procedures and security features to try to prevent your company and personal data from being accidentally lost, used or accessed in an unauthorised way.
We have put in place procedures to deal with any suspected company or personal data breach and will notify you and any applicable regulator when we are legally required to do so.
DATA RETENTION
If we do hold any of your company or personal data, we will retain your data for as long as you remain a WithU SaaS subscriber The Usage Data that is not linked with any of your company or personal data will remain on our systems, and we will continue to use it to develop our app and understand the use of it by subscribers.
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.
In the event that you do not use the SaaS product for a period of three years then we will treat the account as expired and your personal data may be deleted.
YOUR LEGAL RIGHTS
Under certain circumstances you have the following rights under data protection laws in relation to your company and personal data.
You can exercise any of these rights at any time by contacting us at dpo@withutraining.com
GLOSSARY
LAWFUL BASIS Consent means processing your company and 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 company and personal data for our legitimate interests. We do not use your l 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 company and personal data where it is necessary for compliance with a legal obligation that we are subject to.
YOUR LEGAL RIGHTS
You have the right to:
- Request access to your company and personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the company and personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the company and 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 company and personal data. This enables you to ask us to delete or remove company or 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 company or 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 company or 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 the processing of your company or 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 company or 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 company or personal data. This enables you to ask us to suspend the processing of your company or personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) 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
(d) 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 company or personal data to you or to a third party. We will provide to you, or a third party you have chosen, your company or 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 company or 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.
If you consider that our processing of your company or personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. If you would like more information on these rights, please visit https://ico.org.uk/for-the-public/.