Privacy Policy

Introduction

Welcome to Koi Capital Limited’s Privacy Policy.

Koi Capital Limited respects your privacy and is committed to protecting your Personal Data. This Privacy Policy will inform you as to how we look after your Personal Data when you visit our Website (www.getpactive.co.uk) or use our Services (including our Website and App (pactive mobile application) and regardless of where you visit or use them from) as well as telling you about your privacy rights and how the law protects you.

This Privacy Policy 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.

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

Important information and who we are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how Koi Capital Limited collects and processes your Personal Data through your use of the Services, including any data you may provide when using the Services.

These Services are not intended for children under 13 and we do not knowingly collect data relating to children under 13 as part of our general operations. We don’t use children’s personal data to make solely automated decisions about them if these will have a legal, or similarly significant effect upon them. If you are a parent or guardian and you are aware that your children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

It is important that you read this Privacy Policy together with any other Privacy Policy or Fair Processing Policy we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using Your Personal Data. This Privacy Policy supplements other notices and Privacy Policies and is not intended to override them.

Controller

Koi Capital Limited is the controller and responsible for your Personal Data (collectively referred to as “Koi Capital Limited”, “we”, “us” or “our” in this Privacy Policy).

We have appointed a Data Protection Manager (“DPM”) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPM using the contact details set out below.

Contact Details

If you have any questions about this Privacy Policy or our privacy practices, please contact our DPM in the following ways:

Full name of legal entity: Koi Capital Limited

Email address: info@getpactive.co.uk

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), 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 our DPM using the contact details set out above in the first instance.

Changes to this Privacy Policy and your Duty to inform us of any Changes

We keep our Privacy Policy under regular review, and will inform you when we make any changes to its terms. Historic versions will also be archived, and will be accessible from this page or by contacting our DPM using the contact details set out above.

It is important that any Personal Data which we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us by contacting our DPM using the details set out above.

Third-party links

Our Services 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 Services, we encourage you to read the Privacy Policy of every website you visit.

We may allow you to create, authorise and sign into your profile on our Website or our Services using a third party platform such as Twitter or Facebook. By using those third-party services to do so, you confirm that you agree to their terms of use, privacy policy and any other agreements or documents which set out the terms of your relationship with them and use of their services, which is separate from your relationship with us and your use of our Website, or our Services and authorise us to share your Personal Data with any third party website or app provider to which your account is linked. You also authorise us at any time and with any regularity to retrieve and/or receive and/or access any of your Personal Data held by any third party website or app provider to which your account is linked and agree to the transmission, storage, processing and use by us of your Personal Data retrieved and/or received from any third party website or app provider to which your account is linked in the manner set out in this Privacy Policy. This paragraph of this Privacy Policy applies in relation to Personal Data that is held by any third party website or app provider and that is retrieved and/or received by us or is otherwise transmitted to us and such Personal Data constitutes user submitted or generated content which is uploaded, posted or otherwise transmitted to us

The Personal Data which 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 information relating to an individual’s identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of Personal Data about you, which we have grouped together as follows:

• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Content Data includes information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content and check ins.
• Device Data includes technical information, including the type of Device you use, a unique Device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, and time zone setting.
• Financial Data includes bank account and payment card details.
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender (including in relation to children as and when you place orders for products.
• Location Data – Some of our Services will make use of location data sent from your Devices. You can turn off this functionality at any time by turning off the specific Location Services settings on the relevant Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based Services. You can stop us from collecting location data at any time by turning off the Location Services settings on your Device.
• Log Data includes details of your use of any of our Services or your visits to our Website including, but not limited to traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• 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 website.
• Unique Application Data: when you install or uninstall any of our Services containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
• Usage Data includes information about how you use our Website, products and services.

We may associate any category of information with any other category of information and will treat the combined information as Personal Data in accordance with this policy for as long as it is combined. 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 or to share with a partner who is undertaking anonymous research. 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.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, 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.

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, 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 the Services). In this case, we may have to cancel the Services you have with us but we will notify you if this is the case at the time.

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, 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 our Services;
  • visit our Website;
  • create an account;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey;
  • buy products; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our Website and Services, we may collect Content Data, Device Data, Location Data, Log Data Technical Data and Unique Application Data about your Device, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive this about you if you visit other websites, apps or services employing our cookies. Please see our cookie policy www.getpactive.co.uk/cookie-policy/ for further details.
• Third parties or publicly available sources. We will receive Personal Data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    • analytics providers such as Google based outside the EU;
    • advertising networks; and
    • search information providers.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
• Identity and Contact Data from publicly available sources such as the Electoral Register based inside and outside the EU.

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 obligation.

Please see below to find out more about the types of lawful basis that we will rely on to process your Personal Data. Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before 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.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of all the ways in which we plan to use your Personal Data, and which of the legal bases upon which we rely to do so. We have also identified what our legitimate interests are where appropriate.

Please 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 Personal 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.

Marketing

We strive to provide you with clear choices regarding certain uses of your Personal Data, particularly around marketing and advertising, when you provide us with your Personal Data on signup.

Promotional Offers from us

We may use your Identity, Contact, Content, Device, Location, Log, 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 goods or services from us and 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 of Marketing

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Services and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Cookies

We use cookies to distinguish you from other users of our Services and Website. This helps us to provide you with a good experience when you use our Services or browse any of our Websites and also allows us to improve our Services and our Websites. 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 our Websites and our Services may become inaccessible or not function properly. For more information about the cookies which we use, please see www.getpactive.co.uk/cookie-policy/

Change of Purpose

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.

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, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your Personal Data

We may share your Personal Data with the parties set out below for the purposes set out in the table Purposes for which we will use your Personal Data above.

• External Third Parties as set out in the Glossary below.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.
• If we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request.
• In order to:
  • enforce or apply our Terms of Use, any Terms and Conditions of Supply and other agreements or to investigate potential breaches; or
  • protect the rights, property or safety of Koi Capital Limited , our users, or other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

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.

International transfers

Some of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data 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 data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• 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 data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA

Data security

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. In addition, 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.

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access our Services, you are responsible for keeping this password confidential. We ask you not to share your password or other login details with anyone.

Unfortunately, the transmission of information via the internet (and as a result, our Services) is never completely secure, regardless of the security measures which we have put in place to prevent it being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Although we will always do our best to protect your Personal Data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is ultimately at your own risk.

Data retention

How long will you use my Personal Data for?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and legal compliance purposes.

In some circumstances you can ask us to delete Your Personal Data: see your legal rights below for further information.

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.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. Please see below to find out more about these rights. If you wish to exercise any of your rights set out below, please contact our DPM using the details set out above.

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.
• 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:
• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• 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.
• You have objected to our use of Your Personal 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 your Consent where we are relying on consent to process your Personal Data at any time and for any reason. 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.

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of your other rights as set out above). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could 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 for access to Personal Data within one month. Occasionally it could 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.

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 us.

Performance of Contract means processing Your Personal 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.

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.

THIRD PARTIES

External Third Parties

• Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.