Challenge Privacy Policy – Support To Perform

GDPR DATA PRIVACY NOTICE

This privacy notice includes the following sections:

WHO WE ARE
ABOUT THIS NOTICE
THE PERSONAL DATA WE COLLECT ABOUT YOU
HOW WE COLLECT YOUR PERSONAL DATA
HOW WE USE YOUR PERSONAL DATA
WHO WE SHARE YOUR PERSONAL DATA WITH
INTERNATIONAL TRANSFERS
DATA SECURITY
DATA RETENTION
YOUR LEGAL RIGHTS
CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
QUERIES, REQUESTS OR CONCERNS

WHO WE ARE

We are Support To Perform Ltd, a company registered in Northern Ireland, with registered address 44 Summerhill Park, Belfast, Northern Ireland, BT5 7HE and company number NI651972. (S2P, we, us, our). We are registered with the ICO. Our registration number is ZA768111

We provide software to businesses and individuals to enable them to participate in physical activity challenges, often competing against other teams both in their organisation and other organisations, for the purpose of improving the health and well-being of employees and individuals (Activity Challenges).

In this notice, any reference to our Platform is a reference to the software which we make available to enable you to set up or take part in an Activity Challenge. For the purposes of this notice, the definition doesn’t include any third party apps or software which, for example, you might use to transfer data on to our Platform.

Any reference in this notice to our Services is a reference to the provision of our Platform.

ABOUT THIS NOTICE

In order to provide our Services, we will need to collect personal data about you and other people who want to set up or participate in a Workplace Challenge. We hold this data as a controller, which means that we are responsible for deciding how we hold and use that data.

As a controller, we are required at law to provide a notice to all of the individuals involved in the Workplace Challenge to let them know how we manage the data we hold about them. That’s the purpose of this notice.

This notice only binds us. That means that:

if you access our Platform through third party software, that third party will have their own privacy notice and will not be bound by these terms. You might do this, for example, if you use a third party app (such as Strava) to upload details about the activities you have completed for a Workplace Challenge. Please read any such third party’s privacy notice before you upload any data on to it; and
any other users of our Platform who may be able to see information about you if you use our Platform, will not be bound by the terms of this privacy notice. For more information about who can see information about you on our Platform, have a look at paragraph 6.

From time to time, we may update this notice. If we do so, we will not contact you directly, but we will publish the updated notice on our Platform so that the next time you log in you will be notified.

If we are running a service related to a Workplace Challenge, we may also provide you with additional information relating specifically to the data collected in connection with that additional service.

THE PERSONAL DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified (whether directly or indirectly). You can find out more about personal data from the Information Commissioners Office.

In order to participate in a Workplace Challenge, we will need to obtain the following types of information about you:

Identity Data such as your full name and user name;
Demographic Data such as your marital status, gender, title and date of birth;
Contact Data such as your billing address, work telephone number, work email;
Profile Data such as your username and password, your preference settings, any photograph you provide us with, where you work and your job title;
Lifestyle Data such as your fitness routines, subjective (and objective feelings of health and wellness; and
Participation Data this includes information about activities you have undertaken, when, where and how long it took you, it may also include information about competition results. Depending on how you transfer the data to our Platform, this may also include location data.

We also collect:

Usage Data that is technical data which we collect automatically about your interaction with our Platform.
Marketing and Communications Data such as your preferences about receiving marketing from us;

If you are paying us to receive our Services we will also need to obtain:

Financial and transaction Data such as bank and/or card details and information about services you have purchased from us (this is only required if you are paying for our Service directly).

If you agree to feature in any newsletter article or other publication which we create, we may also collect:

Biographical Data that is any information which you choose to share with us for the purposes of the feature in question. If you agree to it, it may also include a photograph of you.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website 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.

We do not knowingly collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your medical health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Nor do we knowingly collect any information relating to children. Our Services are only for individuals aged 18 years and above.

If you fail to provide personal data

Most of the information we collect about you, we collect because we require it in order to enable us to provide you with our Services. If you don’t provide us with the information we need to do this, we may not be able to provide our Services to you.

HOW WE COLLECT YOUR PERSONAL DATA

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

Directly: Most of the information we collect about you, you give to us directly. You do this when or if you:
- First register your interest with us;
- Create an account to sign up as a participant in a Workplace Challenge
- Contact us with questions, queries, complaints or requests;
- Sign up to receive marketing or a newsletter form us;
- Agree to feature in an article on our newsletter; or
- Take part in a competition run by us.
From third parties: We may also obtain information about you from other people. For example:
- If you have registered your interest to participate in a Workplace Challenge and your organisation designates you as a participant, they will give us a list of the names and emails of individuals who they have agreed may participate in connection with their organisation.
- If you choose to transfer information using a third party app, then data relating to you will be transferred to us. This will usually happen if you want to upload information about the activities you have undertaken as part of the Workplace Challenge. Please be advised that this may include the transfer of location data.
- If you contact us using social media.

Automatically: Our Platform is set up to record usage data relating to how a user users the Platform. This may include your IP address and other technical information such as times and duration of login on your account, device type used by you, operating system and mobile network information. We do this by using 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. For more information on this, please have a look at our Cookies Policy which can be accessed [here].

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:

Performance of Contract this 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.
Legitimate Interest this means the interest of our business in conducting and managing our business to enable us to give you the best service and the 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 the Data Protection Officer.
Comply with a legal or regulatory obligation this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting our DPO on 028 90 409975 or services@support2perform.com.

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, with the legal bases we rely on to do so.

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. If you have a question about a particular processing activity carried out by us, please contact our DPO on 028 90 409975 services@support2perform.com.

Purpose/Activity	Type of data	Lawful basis for processing
To register you as a new user of our Platform (whether as a participant, organisation or independent)	– Identity – Demographic – Contact – Profile – Lifestyle – Financial (if you are paying for use of our Platform)	Performance of a contract with you and/or taking the steps necessary to enter into the same.
Manage payments, fees and charges and collect and recover money owed to us	– Identity – Contact – Financial – Transaction	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To enable you to participate in a Workplace Challenge	– Identity – Demographic – Contact – Profile – Lifestyle – Participation data	Performance of a contract with you
To enable you to participate in competitions (and send you your prize). As part of our Services, we automatically enter all participants into a prize draw.	– – Identity – – Profile – – Contact	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to encourage participation in the Workplace Challenge)
To send you a weekly newsletter by email. The newsletter provides information about prize winners, points and the next weekly challenge as well as articles and other information.	– – Identity – – Contact	Consent
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	– Identity – Contact – Profile – Lifestyle – Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	– Identity – Contact – Technical	(a) 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) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	– Identity – Contact – Profile – Lifestyle – Usage – Marketing and Communications -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)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	– Technical – 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 send you marketing communications and/or make suggestions and recommendations to you about goods or services that may be of interest to you	– Identity – Contact – Technical – Usage – Lifestyle – Profile	Consent

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the unsubscribe link in any of our marketing emails OR by request to services@support2perform.com at any time.

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 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.

WHO WE SHARE YOUR PERSONAL DATA WITH

Our Processors

We may disclose any Personal Data that we hold to our employees as well as other third parties who we engage to help us provide our Services. Any such parties contracted by us will be acting as our Processors and will be subject to strict contractual requirements only to use Personal Data in accordance with our privacy notice. If you would like more information about third party processors used by us, please contact us at: services@support2perform.com

Information shared on our Platform or in our Newsletter

Unless you use the ‘stealth’ mode, your name, the organisation you represent, details of any fitness challenges you have completed, any points awarded and prizes won will be published and publically available on the dashboard on our Platform. This means that participants both inside and outside your organisation can see these details. If you have any questions about ‘stealth’ mode, please contact us at services@support2perform.com.
If you win a prize in any competition you will be informed of this via the dashboard on our Platform, details may also be included in our weekly newsletter which is emailed to all participants.If you have opted for ‘stealth’ mode, only your ID number will appear.
If you agree to be interviewed for a feature in our newsletter, then you will appear in our weekly newsletter which is emailed to all participants and anyone else who has expressed an interest.

Other Disclosures

We may also disclose Personal Data if:

we are under a duty to do so in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect the operation of our website, or the rights, property, or safety of us, our Users, or others;
to any buyer if we sell, transfer or merge parts of our business or our assets. If a change happens to our business, then the new owners will only be entitled to use Personal Data in accordance with the provisions set out in this privacy notice(in which case such disclosure shall be on the basis that it is necessary to achieve our legitimate interest of protecting our business interests); and
in order to enforce or apply our terms of use and other agreements, or to protect the rights, property, or the safety of us, other users of the Platform, or our customers or others (in which case such disclosure shall be on the basis that it is necessary to achieve our legitimate interest of protecting our business interests and/or enforcing our legal rights).

INTERNATIONAL TRANSFERS

Other Participants

Since many of our clients have employees based around the globe, participants in a Workplace Challenge may be based outside the EU and the UK. These participants will be able to see the names, job roles, organisations and participation details of the other people participant in the same 100 day challenge. In some cases participants may be based in countries which offer lower levels of data protection than enjoyed in the UK. If you do not want you details to be accessible to other participants, please choose the ‘stealth’ mode when you register. If you have any questions about ‘stealth’ mode, please contact us at services@support2perform.com.

Storage of Data

We store any data uploaded on to our Platform in servers based in the EU.

If any of our external third parties are based outside the European Economic Area (EEA) and their processing of your personal data will involve a transfer of data outside the EEA, we ensure a similar degree of protection is afforded to it by implementing safeguards:

Choosing only reputable third party sources
Doing due diligence with their privacy policies
Ceasing to use a third party service if data protection is potentially compromised and recall all data under our control.

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. 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 where we are legally required to do so.

DATA RETENTION

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.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Save as set out below, all data relating to participation in a Workplace Challenge is deleted within 30 days of completion of the 100 day period.

We retain certain information relating to use of our Platform and transactions for up to six years after the end of the applicable Workplace Challenge. We do this for our records; to meet our accounting and tax requirements and to manage any dispute which may arise during that period.

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

In some circumstances we may 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.

YOUR LEGAL RIGHTS

Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:

The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable (i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).

If you wish to exercise any of the rights set out above, please contact our DPO on 028 90 409975 or services@support2perform.com

No fee required – with some exceptions

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 admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may 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 may 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.

CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 24 June 2020.

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

QUERIES, REQUESTS OR CONCERNS

To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact our Data Protection Officer on 028 90 409975 or services@support2perform.com

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.