WHO WE ARE AND WHAT WE DO
We are registered with the Information Commissioners Office (‘ICO’) under registration number ZA745395 and you can view more information about our registration online here.
This policy is updated from time to time. The latest version updated in April 2020. All updated versions of the policy will be published on the Platform. This policy has been updated to reflect the changes introduced by the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation (the “GDPR”).
INFORMATION WE MAY COLLECT FROM YOU
“Personal Data” (as defined in the GDPR) means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). When you visit our Platform or correspond with us in person or by phone, e-mail or otherwise you may give us information that would be classed as Personal Data about you and others you are acting on behalf of. We may collect, use, store and transfer different kinds of Personal Data about you when you do so which we have grouped together follows:
Identity Data which includes your first name, last name, username or similar identifier, title, date of birth (age) and gender. Where you include this, the identity data you provide for you “buddy” or “buddies”. Buddies are third party contacts you may include as contacts in the App.
Contact Data which includes your billing address, email address and telephone numbers.
Health Data which includes any information about your health including your mood, feelings and mental health in relation to your gambling.
Financial Data which includes your standard billing details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Platform.
Profile Data which includes your username and password for any accounts set up to access our services, purchases or orders made by you, feedback responses.
Usage Data which includes information about how you use our Platform, products and services.
Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences.
By collecting ‘Health Data’ we are collecting Special Categories of Personal Data (as defined in GDPR) about you. We do not collect any information about criminal convictions and offences.
Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with access to the app and our cognitive behaviour therapy services). In this case, we may have to cancel a service you have asked us to provide but we will notify you if this is the case at the time.
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
KEEPING YOUR DATA SECURE
We know that data security is important to you and it is therefore important to us. We have put in place appropriate security measures to prevent your Personal Data, and that of any buddy uploaded into the App, from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, including up to date virus software and personal protection on our computers and devices. In addition, we limit access to Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process Personal Data on our instructions in accordance with this policy 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.
HOW WE WILL COLLECT YOUR DATA
We use different methods to collect data from and about you including through:
Direct interactions. You may give us any of the categories of data identified above by filling in forms on our Platform or by corresponding with us in person or by phone, e-mail or otherwise. This includes Personal Data you provide when you:
register to use our Platform;
make a request for our services;
request marketing communications to be sent to you;
give us some feedback.
Third parties or publicly available sources. We may receive Personal Data about you from various third parties and public sources such as analytics providers, advertising networks and/or search information providers based inside the EEA.
Contact, Financial and Transaction Data (if applicable) from providers of technical, payment and delivery services inside the EEA.
WHY WE WILL USE YOUR DATA
The lawful bases for processing Personal Data are set out in Article 6 of the General Data Protection Regulation (GDPR). We may process your Personal Data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your Personal Data where more than one ground has been set out below. At least one of these must apply whenever we process Personal Data:
Consent: you have given clear consent for us to process your Personal Data for a specific purpose.
Contract: the processing is necessary for a contract we have with you (for example, to process and deliver our services to you and to manage our relationship with you), or because you have asked us to take specific steps before entering into a contract.
Legal obligation: the processing is necessary for us to comply with a legal or regulatory obligation (not including contractual obligations).
Vital interests: the processing is necessary to protect someone’s life.
Legitimate interests: the processing is necessary for our legitimate interests (for example to administer and maintain our Platform) or the legitimate interests of a third party unless there is a good reason to protect your Personal Data which overrides those legitimate interests. 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).
We rely on the following legitimate interests when processing Personal Data:
To manage our business and comply with our obligations to our users, staff and suppliers;
To protect our proprietary and commercially sensitive information; and
To administer and maintain our Platform
To allow transfer of the App by you between devices without having to re-enter such Personal Data.
We amalgamate aspects of your data with the data from other users if the Platform to track the aggregate use and outputs of our Platform, by users. The process we shall adopt will mean that your data will no longer will identifiable to you (i.e. anonymous).
We also need to satisfy specific conditions for using your health data. We rely upon the following grounds in this regard:
Express Consent: you expressly consent to the processing of data concerning your health to allow us to deliver our services.
Insurance and records: we retain sufficient records as necessary and for the purpose of the establishment, exercise or defence of legal claims.
Click here to find out more on the Information Commissioner’s Office website about the types of lawful basis that we will rely on to process your Personal Data.
Where we ask for your consent (for example in processing data relating to your health) we will do so in order to comply with the principle that any processing must be lawful, fair and transparent.
DISCLOSING YOUR PERSONAL DATA
We may have to share the Personal Data you provide with the parties below in order to provide our services to you. We require all third parties to respect the security of Personal Data and to treat it in accordance with the law, and when they are processing Personal Data on our behalf we do not allow our third-party service providers to use this Personal Data for their own purposes and only permit them to process the Personal Data for specified purposes and in accordance with our instructions and in accordance with the law. Examples of our third parties include:
Third parties who you authorize to provide services to you;
Sub-contractors for the performance of any contract we enter into with them or you;
Service providers acting as processors who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
We do not transfer Personal Data outside the European Economic Area (EEA).
CHANGE OF PURPOSE
We will only use Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use the 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 Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased products or services from us and, in each case, you have not opted out of receiving that marketing.
We will always get your express opt-in consent before we share your Personal Data with any other company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
We will not market to any buddy whose details are added to the App as a result of your providing such Personal Data.
HOW LONG WE WILL KEEP YOUR DATA
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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 unauthorized 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.
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
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Please click on the links below to access the Information Commissioner’s Office website to find out more about the following rights:
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we 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.