“Personal Data” is information that relates to an identifiable individual, directly or indirectly, alone or together with other information. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, last name, username or similar identifier, and photos you may upload to your account,
Contact Data includes billing address, delivery address, email address and telephone numbers.
Profile Data includes your username and password, photo, purchases or orders made by you, your location, interests, preferences, feedback and survey responses.
Personal Statistics Data includes data you provide related to your lifestyle (e.g., sleeping habits), height, weight, measurements, fitness level, heart rate, BMI, biometric data, and similar types of data relating to physiological condition, and activity.
Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, 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 Website.
Usage Data includes information about how you use our Website, app(s) and services, such as the buttons, controls, products and ads you click on, pages of our application or Website that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Website, App and the webpage and app(s) you go to next.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not knowingly collect or solicit personal information from anyone under the age of 13 (for non-EEA residents) or 16 (if EEA residents) or knowingly allow such persons to register for the Services. No one under age 13 (for non-EEA residents) or 16 (if EEA residents) may provide any personal information to us or on the Services.
- HOW WE COLLECT PERSONAL DATA
We collect your Personal Data in a number of ways as set out below:
- Directly from you.
We collect Personal Data directly from you when you register our Services. This Personal Data may include Identity Data, Contact Data, Profile Data and Marketing and Communications Data. You may update this information from time to time at your discretion.
In order to better tailor the Services to your needs, we will also ask you for certain Personal Statistics and we will ask you for your express consent to use those Personal Statistics. If you are a resident of the EEA. While you do not have to provide this information in order to use the Service, providing us with accurate Personal Statistics allows us to better tailor the Services to your individual needs.
- Information collected automatically
- When you engage with the services.
We collect information about you when you engage with the Services, including Usage Data, Transactional Data and Technical Data. We track information about what parts of the Services you use, when you use them and how you use them. We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums sponsored by or affiliated with We Stretch. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
- When you connect with us through social media.
- When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.
- When you communicate your friends.
Some of our services consist of social sharing and communication with others. We use your Personal Data to enable sharing as described in the service, including to enable you to find and link to friends on the Service or sending invitations to your friends through SMS With your permission, we access your contacts and calendar to enable you to share content or achievements, including videos, with friends or other members, and to invite friends to use the Services.
- USE OF INFORMATION
- Lawful basis
We will only use your personal information 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 (such as under our terms of service which you accept when you download our app).
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 you have given us your consent to do so.
Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal information 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 us using the contact details set out below.
- Purposes for which we will use your personal information
We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To provide the Services to you
(b) Personal Statistics
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) 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 services)
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
To administer and protect our business, the App and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(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 reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To use data analytics to improve our website, services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our services, to keep our Website 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
Necessary for our legitimate interests (to develop our services and grow our business)
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.
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Where required by law, we will get your express opt-in consent before we share your personal information with any company outside our company for marketing purposes, including service providers who perform marketing services on our behalf, such as conducting surveys, sending communications to you on our behalf, or serving advertisements to you.
- Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us using the details set out below at any time].
Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.
We will only use your personal information 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 using the contact details set out below.
If we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- Californian Privacy Rights
California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by using the contact details set out below.
It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to the Services. Requests can be made to our Support Team. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third party we do not own or control may copy the posting and repost it elsewhere.
- DISCLOSURES & TRANSFERS
You may opt to link your account with friends or colleagues, or make your account information available to the public. Information such as your activity, progress, challenge progression or other similar information may be made available to friends whom you link with. You can control what information you make available, and what category of person you make it available to, through the settings on your account. You can change the settings on your account at any time. Where you make information publicly available such as through a forum that information will always be publicly available. Your communications with other users through the Service may always be available to them unless they delete their account or those communications.
- Third Party Applications
If you connect your We Stretch account to a Third Party Application, We Stretch may automatically share your activity with that service, including your Submissions in Games. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, you will always be able to turn off sharing before making a Submission, and we inform you of the controls that you can use to limit the sharing of this information in your account settings. The Third Party Application may also provide similar controls.
- Third Parties
From time to time We may employ third parties to help Us improve or otherwise make available features on the Website, App and/or the Services, whether through the provision of maintenance services, database management, web analytics or otherwise.
We Stretch may provide Personal Information collected from you, to its service providers as necessary to enable the service provider to perform its obligations to us. They will be subject to contractual restrictions prohibiting them from using or disclosing any Personal Information for any other purpose.
Our servers are located in the United States (although this location may change from time to time) and accordingly your Personal Information may be available to the U.S. government or its agencies under a lawful order, irrespective of the safeguards We have put in place for the protection of your Personal Information. By using our Website, App or Services, you consent to the hosting of your Personal Information in the United States. We reserve the right to store and process Personal Information outside of the United States, and will use commercially reasonable efforts to provide you with at least 30 days’ notice of any such changes in the processing location.
- Important Exceptions
We may disclose your Personal Information to third parties without your consent, where permitted or required by law, for example if We have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when We believe in good faith that such disclosure is required by and/or in accordance with the law.
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes We have communicated to you.
- RETENTION AND LOCATION
We share your personal information within our company and with third party service providers. This will involve, if you are based in the European Union, transferring your data outside the European Economic Area (EEA).
If you are based in the European Union, whenever we transfer your personal information 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 personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe.
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 personal information shared between the Europe and the US.
- AMENDMENT OF THIS POLICY
- ACCESS AND ACCURACY
You have the right to access the Personal Information We hold about you in order to verify the Personal Information We have collected in respect of you and to have a general account of our uses of that Personal Information. Upon receipt of your written request, We will provide you with a copy of your Personal Information although in certain limited circumstances, We may not be able to make all relevant Personal Information available to you such as where that information also pertains to another individual or as otherwise required or permitted by law. In such circumstances We will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up to date, and We will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. This amended Personal Information may be transmitted to those parties to which We are permitted to disclose your information. Having accurate Personal Information about you enables Us to give you the best possible service.
- YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We Stretch aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below.
In certain circumstances, where we act as Data Controller, you have the following data protection rights:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you where we are the data controller and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information 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 information 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 processing of your personal information 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 information 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 information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information 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 information but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information 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 information. 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 services to you. We will advise you if this is the case at the time you withdraw your consent.
Please note that we may ask you to verify your identity before responding to such requests.
We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
If you wish to exercise any of the rights set out above, please contact us using the contact details below.
You will not have to pay a fee to access your personal information (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.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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.
- CONTACT US
You can help by keeping Us informed of any changes to your Personal Information. If you would like to access your information, have any questions, concerns, comments or suggestions, or if you find any errors in our information about you, please contact Us via email at firstname.lastname@example.org or by mail at We Bananas Software, Inc. #104, 9824 97 Ave, Grande Prairie, AB Canada, T8V 7K2
Effective Date: June 1, 2018