PRIVACY NOTICE

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

Welcome to the privacy notice of Phizifit Limited (“Phizifit”). Phizifit is a company registered in England and Wales under company number 11686199 and with our registered office at Rill House, Aylesbeare, Exeter, Devon EX5 2BW.

The website operated by us is www.phizifit.com.

Phizifit respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

This privacy notice is implementing the requirements of the General Data Protection Regulation (the law which protects and controls the use of personal data).

This privacy notice is provided in a layered format, so you can click through to the specific areas set out below.  Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED
  4. HOW WE USE YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. DATA SECURITY
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. GLOSSARY

All capitalised terms used herein shall have the same meanings given to them as set out in the Subscription Agreement.

  1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information about how Phizifit collects and processes your personal data, which we receive from a subscribing Institute (e.g. school or academy that purchases access to our website for their students and teachers or Authorised Users) when you register that Institute to use the Phizifit Platform.

We do of course permit children (being an individual under the age of 16) to use the Phizifit Platform, however, registration with a subscribing Institution must be made and managed by a teacher or Authorised Representative of that subscribing Institute, following the consent of the child and the child’s parent(s).

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Phizifit is a joint controller, along with the subscribing Institute, and therefore both parties are responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Phizifit Limited (“Phizifit”)

Name or title of DPO: Duncan Ward

Email address: info@phizifit.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

If you would like to contact the ICO, the details are as follows:

  • Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • Tel: 01625 545 745
  • Email: team@ico.org.uk
  • Website: ICO.org.uk

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 9 January 2019 and historic versions can be obtained by contacting us.

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.

Third-party links

Our website and applications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website or service you visit.

  1. The data we collect about you

Personal data, or personal information, 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).

We may receive, use and store different kinds of personal data about you which we have grouped together follows:

Category of Personal Data

  • Identity Data includes full name.
  • Contact Data includes email address.
  • [Financial Data includes bank account and payment card details]
  • [Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us].
  • Profile Data includes a username and password, feedback and survey responses.
  • Technical Data includes internet protocol (IP) address of your device, your login data, browser type and version, temporary or persistent unique device identifiers, mobile operating system type, 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 website and/or application.
  • Usage Data includes information about how you use our website and services including number of visits, length of consultations, interaction with the website pages (i.e. clicking page links).
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

[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 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 policy.]

If you fail to provide personal data

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, this may affect the functionality of our website for you. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

  1. How is your personal data collected?

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

Direct interactions. You may give us your Identity and Contact [and Financial] Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • subscribe to the Phizifit Platform;
  • create an account on our website;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:

  • Technical Data from the following parties:
    • analytics providers such as Google based outside the EU;
    • advertising networks [such as [NAME] based [inside OR outside] the EU]; and
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based [inside OR outside] the EU].
  1. 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:

  • Where we need to perform the contract we are about to enter into, or have entered into 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 we will use your personal data

We have set out below, in a table format, a description of the possible ways in which we may use your personal data, and which of 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. 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 in the table below.

Purpose/Activity Type of data Lawful basis
To provide access to our goods and services and for updates about our goods and services.

 

(a) Identity

(b) Contact

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

 

 

To administer and manage accounts, responding to questions raised by subscribing Institutes, to contact the subscribing Institutes about any problems with their account or conduct on the website. (a) Identity

(b) Contact

 

(a) Performance of a contract with you

(b) Necessary for our legitimate interests

 

To internally review and evaluate the quality of services.

 

(a) Identity

(b) Contact

 

(a) Necessary for our legitimate interests (to improve and better the services provided)
To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

 

(a) Identity

(b) Contact

(c) Profile

 

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

 

To enable you complete a survey or provide feedback.

We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to further develop them and grow our business)

To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

We may use External Third Parties for the hosting of data, applications, website and technical support of the same.

 

(a) Identity

(b) Contact

(c) 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.

We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.

 

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to further develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website and applications, products/services, marketing, customer relationships and experiences and to ensure our website and applications display and operate properly on your devices.

 

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and applications updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about services that may be of interest to you (a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

  • Promotional offers from us

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 received services from us or if you provided us with your details when you signed up or registered in the application or website and, in each case, you have not opted out of receiving that marketing.

  • Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

  • Opting out

You can ask us to stop sending you marketing messages at any time by contacting us at info@phizifit.com.

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 about the cookies we use, please see our policy here.

Change of purpose and other lawful disclosures

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at info@phizifit.com

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, where this is required or permitted by law. Phizifit shall always identify a valid basis for disclosure of data including the following examples:

  • Where data is required to be disclosed, for example, as compelled by the Children Act 1989 and 2004, for the protection of a child such disclosure shall be on the basis of:
  • For the performance of a task carried out in the public interest or in the exercise of official authority; and
  • When it is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject, in the field of social protection law, in so far as it is authorised by Union or Member State law.
  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties
  • Third parties to whom we may choose to sell, transfer, or merge with parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change of ownership happens to our business, then the new owners or parties involved, may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

  1. Data security

We work hard to prevent your personal data from being accidentally lost, destroyed, used or accessed, altered or disclosed. In particular:

  • Personal data (teacher and student stored data) will be name only, in association with an Institute;
  • 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. PHIZIFIT uses SSL encryption to transfer information between your device and our servers. All data is encrypted ‘at rest’. This means the data stored on our systems has been encrypted.
  • We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. 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.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use those strict procedures and security features set out above, to try to prevent unauthorised access

  1. Data retention

How long will you use my personal data for?

We retain the personal data that we collect for as long as it is needed to provide access to the Phizifit Platform or to manage a subscribing Institute’s account.

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.

In some circumstances you can ask us to delete your data. Furthermore, we shall be required to delete your data following the instructions of a subscribing Institute to do so.

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.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. 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.

Furthermore, we shall be required to delete your data following instructions from a subscribing Institute, to do so.

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: (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 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.

Further information on these rights can be found on the ICO website. https://ico.org.uk/

If you wish to exercise any of the rights set out above, please contact our DPO, whose details can be found at the top of this notice (section 1).

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.

  1. Glossary

LAWFUL BASIS

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 info@phizifit.com.

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.  With regards to Phizifit, these are the terms you agree to upon subscribing to the Phizifit Platform.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Marketing service providers (including email list providers) who act as processors for our engagement correspondence and marketing with users.