1         Introduction

 

This privacy policy governs your use of the software application KINETIC REHAB Application for mobile devices that was created by Digitwell Solutions Limited for Kinetic Sports Performance Ltd. The Application provides personalised post-consultation advice for client in the form of text and videos.

We are committed to safeguarding the privacy of our application users; in this policy we explain how we will treat your personal information.

2       Collecting personal information

The Application obtains the information you provide when you download and login the Application. Your initial login details will be provided to you by us.

When you register with us and use the Application, you generally provide (a) your name, email address, user name, password and other registration information (b) information you provide us when you contact us for help; (e) information you enter into our system when using the Application, such as contact information and project management information.

We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.

 We may collect, store and use the following kinds of personal information:

 (a)    information that you provide to us when logging into  the application (including your email address, your name and your phone number);

(b)    information contained in or relating to any communication that you send to us or send through our website or application (including the communication content and metadata associated with the communication); and

(c)    information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(d)    information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);

 (e)    information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);

 (f)    any other personal information that you choose to send to us.

Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.

This Application does not collect precise information about the location of your mobile device.

3         Using personal information

 

Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

We may use your personal information to:

(a)    administer our application, website and business;

(b)    enable your use of the services available in our application and also via our website;

(c)    supply to you services requested and/or purchased through our application and our website;

(d)    send statements, invoices and payment reminders to you, and collect payments from you;

(e)    send you non-marketing commercial communications;

(f)    send you email notifications that you have specifically requested;

(g)    send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(h)    send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(i)    provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);

(j)    deal with enquiries and complaints made by or about you relating to our website;

(k)    keep our application secure and prevent fraud; and

(l)    verify compliance with the terms and conditions governing the use of our application

If you submit personal information for publication in our application,we will publish and otherwise use that information in accordance with the licence you grant to us.

Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

 All our website financial transactions are handled through our payment services provider, [Barclays] You can review the provider's privacy policy at http://www.barclays.co.uk/important-information/privacy-policy/ We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

4         Disclosing personal information

 

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

 We may disclose your personal information:

(a)    to the extent that we are required to do so by law;

(b)    in connection with any ongoing or prospective legal proceedings;

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d)    to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e)    to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your personal information to third parties.

5         International data transfers

 

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.

Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to the transfers of personal information described in this Section 6.

6         Retaining personal information

 

This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

   Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Without prejudice to the section above, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a)    data collected as described in section 3 will be deleted at the request of the user.

Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a)    to the extent that we are required to do so by law;

(b)    if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

7         Security of personal information

 

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

All electronic financial transactions entered into through our website will be protected by encryption technology.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping the password you use for accessing our application confidential; we will not ask you for your password (except when you log in to our website).

 

8         Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@applicationsite.com. We will delete such information from our files within a reasonable time.

 

9         Amendments

 

    We may update this policy from time to time by publishing a new version on our website and within the application.

You should check this page occasionally to ensure you are happy with any changes to this policy.

 We may notify you of changes to this policy by email.

10        Your rights

 

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a)    the payment of a fee (currently fixed at GBP 10); and

(b)    the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes.

 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11         Third party Links

 

11.1    Our application may include links to, and details of, third party websites and applications.

11.2    We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12     12.    Updating information

 

12.1    Please let us know if the personal information that we hold about you needs to be corrected or updated.

13         Cookies

 

13.1    Our website uses cookies.

13.2    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5    We use both session and persistent cookies on our website.

13.6    The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a)    we use a cookie to;

     recognise a computer when a user visits our website;

validate authenticated users sessions

13.7    Most browsers allow you to refuse to accept cookies; for example:

(a)    in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b)    in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c)    in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

13.8    Blocking all cookies will have a negative impact upon the usability of many websites.

13.9    If you block cookies, you will not be able to use all the features on our website.

13.10    You can delete cookies already stored on your computer; for example:

(a)    in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b)    in Firefox (version 47), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c)    in Chrome (version 52), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".

13.11    Deleting cookies will have a negative impact on the usability of many websites.

14     14.    Data protection registration

 

14.1    We are registered as a data controller with the UK Information Commissioner's Office.

14.2    Our data protection registration number is [*UK ICO Number*].

15     15.    Our details

 

15.1    This application is owned and operated by Kinetic Sports Performance Ltd.

15.2    We are registered in England and Wales under registration number 10683801 , and our registered office is at 27 St. Cuthberts Street, Bedford, England, MK40 3JG

15.3    Our principal place of business is at 11 Shuttleworth Road, MK41 0EP, Bedford.

15.4    You can contact us:

(a)    by post, using the postal address given above;

(b)    by telephone, on the contact number published on our application; or

(c)    by email, using the email address published on our application.

 

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