CLUB DNA – PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE CLUB DNA SYSTEM. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY DO NOT INSTALL OR USE THE CLUB DNA SYSTEM AND APP.

This Privacy Policy (“Policy”) sets out the basis on which any personal data Club DNA LTD (trading as Club DNA) (hereafter referred to as “we”, “us” and/or “our”) collects from you or that you provide to us via the Club DNA software (the “System”) and application (the “App”).

1. Important information and who we are
   
   1.1 Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in this Policy, and it is important that you read this information.
   
   1.2 For the purposes of this Policy, Club DNA LTD (trading as Club DNA) of Wigan Hall, New Market Street, Wigan, WN1 1HH, United Kingdom (company number 13073468) is the data controller and is responsible for your personal data in respect of your use of the System and the App. We are committed to protecting your personal data and respecting your privacy. As set out above, this Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. 
   
   1.3 This Policy together with the ‘Club DNA Subscription Terms’ (previously provided to you) applies to your use of:
   
   1.3.1 the System, which is accessible through the website address which shall be notified to you at the time of entering into the Subscription Terms; 
   
   1.3.2 the App, once you have downloaded/installed the App onto your mobile telephone, handheld device or computer (“Device”); and/or
   
   1.3.3 any of the services accessible through the System and / or the App (“Services”) that are available on the System and / or the App or (if applicable) through any site on which the System and / or the App is hosted or other sites of ours (“Services Sites”).
   
   1.3.4 Any queries regarding this Policy or our practices relating to our use of your personal information should be sent to: info@club-dna.com

• Postal address: Club DNA Ltd, Wigan Hall, New Market Street, Wigan, WN1 1HH, United Kingdom; or 
• Email address: info@club-dna.com
  
  1.3.5 You have the right to make a complaint to the Information Commissioner’s Office, the UK supervisory authority for data protection issues (https://ico.org.uk/). We would, however, appreciate the opportunity to deal with your concerns before you approach the Information Commissioner’s Office, so please contact us in the first instance if you have any compliant about the App and our use of your personal data.
  
  1.3.6 Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

2. Changes to this Policy and your duty to inform us of changes to your personal data
   
   2.1 We keep this Policy under regular review. It may change from time to time and if it does, these changes will be posted on this page when you next use the System and / or the App after such changes have been made. Any new/updated Policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the System and / or the App, including the Services.
   
   2.2 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 our relationship with you by contacting us at info@club-dna.com

3. Third party links

The System, the App and any Services Sites accessed by you may, from time to time, contain links to and from the websites of third parties. Please note that these third party websites and any services that may be accessible through them have their own privacy policies and we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to third party websites or use their services.

4. The data we collect about you
   
   4.1 We may collect, use, store and transfer different kinds of personal data about you as follows:

• identity data;
• contact data;
• financial data;
• transaction data;
• device data;
• content data;
• profile data;
• usage data;
• marketing and communications data; and/or
• location data.
  
  4.2 We may 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 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 feature of the System. 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 Policy.
  
  4.3 We do not collect any ‘Special Categories of Personal Data’ about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

5. Consent to installation of the App

6. Before installation of the App, please indicate your consent to our processing of your personal data (including your name, contact details and device information) as described in this Policy. 

YES I consent to the installation of the App. 

NO I do not consent to the installation of the App.

7. How you can withdraw consent

Once you provide consent by selecting "YES", you may change your mind and withdraw consent at any time by contacting us by email at info@club-dna.com.  If you withdraw your consent that will not affect the lawfulness of any processing of your personal data carried out before you withdrew your consent

8. How is your personal data collected?
   
   8.1 We will collect and process the following data about you:
   
   8.1.1 Information you give us - This is information (including identity, contact, financial, and marketing and communications data) you consent to giving us about you by filling in any forms on the System, the App and/or if applicable the Services Sites, or by corresponding with us (for example, by email). It includes information you provide when you use the System, download the App and register to use the App, subscribe to any of our Services, report a problem with the App or undertake any other activities in connection with the App. If you contact us, we will keep a record of that correspondence. 
   
   8.1.2 Information we collect about you and your Device - Each time you use the System and / or the App or visit one of our Services Sites we will automatically collect personal data including device, content and usage data. We collect this data using cookies and other similar technologies. Our Cookie Policy is contained within this Policy further below. 
   
   8.1.3 Location Data - We may also use GPS technology or other technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling location data in your settings on your Device. 
   
   8.1.4 Information we receive from other sources including third parties and publicly available sources We may receive personal data about you from various third parties and public sources including:

• device data from analytics and search information providers such as Google;
• advertising networks;
• contact, financial and transaction data from providers of technical, payment and delivery services; and/or
• identity and contact data from publicly available sources such as Companies House and social media.

9. How we use your personal data
   
   9.1 We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances: 

• where you have consented before the processing;
• where we need to perform a contract we are about to enter or have entered 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; and/or
• where we need to comply with a legal or regulatory obligation.
  
  9.2 We may send you direct marketing communications from time to time. If you do not wish to receive marketing communications from us, please let us know by contacting us at info@club-dna.com
  
  9.3 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 
  
  9.4 We do not transfer your personal data outside the UK.

10. Purposes for which we will use your personal data

11. Data security
    
    11. 1 All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access the System and / or the App and/or our Services, you are responsible for keeping that password confidential. We ask you not to share that password with anyone.
    
    11.2 Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. 
    
    11.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

12. Data retention
    
    12.1 We do not keep your personal data for any longer than is necessary to fulfil the purpose for which we collected it or to comply with any legal obligations. By law we have to keep basic information about the users of the System and / or the App and we may keep this information for up to six years.
    
    12.2 In some circumstances we will 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.
    
    12.3 In the event that you do not use the System and / or the App for a period of 24 months then we will treat the account as expired and your personal data may be deleted.

13. Your legal rights
    
    13.1 Under certain circumstances you have the following rights under data protection laws in relation to your         personal data:

• 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 any laws. 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 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: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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; and/or (iv) 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.
  
  13.2 You also have the right to ask us not to continue to process your personal data for marketing purposes. 
  
  13.3 You can exercise any of these rights at any time by contacting us using the contact details set out above at clause 3.3. 

14. Glossary of terms in this Policy

• Consent means processing your personal data where you have signified your agreement by accessing/downloading/installing the System and / or App or provided a clear opt-in to processing. Consent will only be valid if it is freely given, specific, informed and unambiguous. You can withdraw your consent at any time by contacting us as set out above.

• 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 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). 

• Performance of a contract means processing your data where it is necessary for the performance of a contract to which you are a party or which has been entered into on your behalf to enable you to use the System and / or App.

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

• Description of categories of personal data referred to in this Policy:

• identity data may include your first name, surname, username or similar identifier, marital status, title, date of birth and gender;
• contact data may include your address, email address and telephone number;
• financial data (where collected) may include bank account and payment card details;
• transaction data (where collected) may include details about payments to and from you and details of in-App purchases (if applicable);
• device data may include the type of mobile device you use, a unique device identifier, the address of the Device's wireless network interface, or the mobile phone number used by the Device, your mobile operating system and/or the type of mobile browser you use; 
• content data may include information stored on your Device such as photos, videos or other digital content;
• profile data may include your username and password;
• usage data may include details about your use of the System and / or the App; 
• marketing and communications data may include your preferences in receiving marketing from us; and  
• location data may include your current location disclosed by GPS technology or other tracking technology. 

15. Cookies
    
    15.1 We use cookies to distinguish you from other users of the System and / App and to remember your preferences. This helps us to provide you with a good experience when you use the System and / or App and also allows us to improve the System and the App. 
    
    15.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your Device if you agree. Cookies contain information that is transferred to your Device on which you use the System and / or App.
    
    15.3 We use the following cookies:

• Strictly necessary cookies - These are cookies that are required for the operation of the System and / or the App. They include, for example, cookies that enable you to log into the System and the App.

• Analytical or performance cookies - These allow us to recognise and count the number of users of the System and / or the App and how users move around on the System and / or the App when they are using it. This helps us to improve the way the System and / or the App works.

• Functionality cookies - These are used to recognise you when you return to the System and / or the App. This enables us to personalise our content for you, greet you by name and remember your preferences.

• Targeting cookies - These cookies record your visit to the System and / or the App and the areas you visited. 
  
  15.4 We do not share the information collected by any cookies on the System and / or the App with any third parties.
  
  15.5 You can choose which analytical, functionality and targeting cookies we can set by clicking on ‘OFF’ as follows:

• Strictly necessary cookies OFF
• Analytical or performance cookies OFF
• Functionality cookies OFF
• Targeting cookies OFF

However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the System and / or the App.