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Privacy Policy

Version: 2, May 2023

The Earn It mobile application and related website www.youearnit.com (the “Platform”) and services (collectively, the “Services”) are operated by Earn It Limited a company registered in England and Wales (company number 14689604) with its registered office at The Harley Building, 77 New Cavendish Street, London W1W 6XB. References to "we", "us", or "our" are references to Earn It Limited.

This Privacy Notice applies to the personal information we collect through our Services and how we may use it. Some of this information will enable us to identify you and is known as personal data (whether sensitive personal data or otherwise) (“Personal Data”). As required by law, we will take particular care when dealing with your Personal Data. This is part our commitment to protecting and respecting your privacy.

The terms “you”, “your” and “yours” when used in this Privacy Notice refers to any visitor to or user of our Platform.

Any personal information you supply to us via the Platform (and by other means) will be treated in accordance with applicable data protection laws. Where you provide us with personal information relating to others via the Platform, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this Privacy Notice.

By proceeding with access to our Platform you are deemed to have accepted the Terms and Conditions (including the terms of this Privacy Notice). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree with the Terms and Conditions as they apply to our Services, then please refrain from accessing or using our Platform.

For the purposes of UK data protection law, the data controller is Earn It Limited of The Harley Building, 77 New Cavendish Street, London W1W 6XB. email: dataprotection@youearnit.com

Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.

Changes to this Privacy Notice

We reserve the right, from time to time, to change our Privacy Notice at our sole discretion. Our Privacy Notice that is applicable to your access to and use of the Services will be the version that is current and accessible at each date you access the Services. If we make changes, we will notify you by revising the date at the bottom of the Privacy Notice and, in some cases, we may provide you with additional notice (such as asking you to review and choose whether to accept a revised Privacy Notice when accessing the Services). Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Privacy Notice you should not continue to use the Services.

What information do we collect about you?

We may collect and store the following information:

Identity Information

·   personal contact details such as name, title, gender, addresses, telephone numbers, and personal email addresses;

·   date of birth;

·   physical measurements, training statistics and dietary information; and

Subject to your explicit consent, we may also collect, store and use your health data. This is considered a special category of more sensitive data. We obtain this consent separately when you take actions leading to our obtaining such health data, for example, when you pair your device to the Platform or when you grant us access to your exercise or activity data from another service. Where we process health data, it will be treated confidentially and will never be used for direct marketing purposes unless we have obtained your prior explicit consent.

System Information

When you log on to our Services through our Platform, we automatically collect information about your use of the Services including details of your visits such as pages viewed and the resources that you access. This information will include traffic data, location data, IP address, browser, operating system, length of visit, clickstream data and other communication data.

Geolocation Information

To provide location-specific content through our Services, for example information relating to fitness locations and events near to you we may collect and use location data from your mobile device. You can stop sharing this information with us at any time by removing our access to your location data within the Earn It Platform settings or through your mobile device settings.

Community Services

When you use the community pages for your employer, you may post an emoji via the tools on the Platform for example to congratulate users, around successful completion of activities. When you interact with others in these ways, you will be displaying your data based upon the visibility settings in your user account privacy settings. Always check specific policies associated with any challenge to understand what data will be visible to other participants.

When you post on the community pages for your employer, you’ll be asked to create a community username that’s separate from your registered Platform username. This community username will be posted next to any comments you publish on community message boards. Other information, like a profile photo that you’ve added to your account may also be visible on message boards, depending on your user account settings.

How is this information collected?

Information you give us.

We collect identity information provided voluntarily by you. For example, when you register with or use our Services.

We collect geolocation information if you grant us access to your location. You can remove access at any time.

We also collect Identity Information when you fill out a web form or questionnaire or contact us (by email or telephone) to ask a question or request information. 

Information we get from your use of our Services.

We collect information about the services that you use and how you use them, like when you subscribe to one of our Services, watch a training video or view and interact with our ads and content.

Information we receive from other sources

We also collect information from third party services and devices, such as apps and devices which you have requested we access as part of providing our Services to you. For example, if you connect to Facebook or Google, we may receive information such as your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. This information is collected by the third party provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources at the time you provide access to us and thereafter by using the privacy settings in your third party account settings. You can also stop sharing the information from the other service with us by removing our access to that other service.

Information we generate from our Services.

We store information that we generate from our analysis of the data you and other users of our Services have provided and in connection with your use of our Services, such as training plans provided, products you have bought or services you have subscribed for.

Purposes For Which We Process Personal Data

We require this information to understand your needs and provide you with the Services and for the reasons given in more detail below. We will only process your Personal Data, in accordance with applicable law, for the following purposes:

  • ‍creating and maintaining your account,‍
  • provision and maintenance of the Services, for example, we may provide suggestions based on your previous searches to enable you to identify suitable services or events you may be interested in quicker or customise the Services according to your interests.‍
  • handling and fulfilling your orders, if you request Products or services from us. This may also include processing of information that we receive from third parties, for example, address data to verify your correct address;‍
  • enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;‍
  • sending you personalised marketing communications, where you have agreed that we may do so, in order to keep you informed of our and our selected partner’s products and services, which we consider may be of interest to you; We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;‍
  • serving personalised advertising to your devices; delivering ads based on your interests ascertained from your past searches, visits of subpages and purchases on our Platform, and other data obtained through the use of "cookies" placed on your devices. Please see the “Cookies” section below;‍
  • offering you opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Notice, unless the rules for these activities note otherwise;
  • ‍ensuring the security of your account and our business, preventing or detecting fraud or abuses of our Services, for example, by requesting verification information in order to reset your account password. Logs and other data are used to troubleshoot the Services; detect and protect against error, fraud or other criminal activity;‍
  • resolving any returns, refunds or disputes, if you lawfully exercise your rights or if you wish to dispute any part of our offering;‍
  • developing and improving our products and services, for example, by reviewing visits to our Platform and its various subpages, demand for specific Products and services and user comments. We may use the information to improve our products and services, including analyses of data we have collected or stored. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and personalised offerings to our users. We also aggregate and de-identify certain information about our users to use for business purposes. From time to time, we may contact you for market research purposes and ask you to participate in surveys that help us understand your use of our products and services. We may contact you by email, phone or mail (according to which preferences you have selected); and‍
  • to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.

What Gives Us the Rights to Use Your Personal Data?

As the data subject who is using our Services, your consent, or explicit consent (as applicable), to the processing as specified in this Privacy Notice is the primary legal ground for our processing of your Personal Data. However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your Personal Data, such as:

  • ‍your request for content, Products or Services necessitating steps including processing of your Personal Data to be taken prior to entering into contract with you and any processing that is necessary for the performance of such contract. This will include any profiling activities that are necessary for the provision of Services under a contract with us; and‍
  • legitimate interests pursued by us as a business, except where such interests are overridden by your interests and fundamental rights. We will rely on this legal ground in relation to the processing set out in sections “ensuring the security of your account and our business, preventing or detecting fraud or abuses of our Services” above; and‍
  • compliance with a legal obligation to which we are subject, such as, for example, the processing for the purposes of ensuring the security of your account and our business, preventing or detecting fraud or abuses of our Platform as set out above.

Disclosure of Customer Information That Could Identify You

There are circumstances where we wish to disclose or are compelled to disclose your Personal Data to third parties. This will only take place in accordance with the applicable law and for the purposes listed above. These scenarios include disclosure:

  • to our Affiliates;
  • to our outsourced service providers or suppliers to facilitate the provision of our Services or Products to our users, for example, the disclosure to our data centre provider for the safe keeping of your Personal Data, webhosting provider through which your Personal Data may be collected and identity verification partners in order to verify your identity against public databases, along with order fulfilment, email management and credit card processing providers;
  • to our advertising partners who enable us to deliver personalised ads to your devices or similar advertising (only if you have so consented to receive such advertising);
  • subject to your consent, to our marketing partners, who may contact you by post, email, telephone, SMS or by other means. Only if you have so consented to receive such advertising and if you change your mind at any time and do not wish to be contacted, you may unsubscribe in your user account in the Platform;
  • to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
  • to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event. In the case of a merger or sale, your Personal Data will be permanently transferred to a successor company as permitted by law;
  • to public authorities where we are required by law to do so or if we believe, after due consideration, that doing so is reasonably necessary to comply with a law, regulation, or valid legal process. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by a court order from doing so or where the request or legal process is directly related to a regulatory investigation. In the latter case, we will ensure user information we disclosed is treated as confidential; and
  • to any other third party where you have provided your consent. You can direct us to share data with other parties. For example, you might authorise us to send status updates to your Facebook or Twitter account; or direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s Privacy Notice.

Default Visibility Settings

The privacy settings on your account when you register are set to reveal data about you with the purpose of getting you active and involved with us and our Services. You can adjust your privacy settings in your user account.

Disclosure of Data That Does Not Identify You (De- identified Data)

We may share or sell aggregated, de-identified data that does not identify you with partners and the public in a variety of ways, such as by providing research or reports about health and fitness or to further develop our Products and Services including those which may be offered to you. When we provide this information, we take legal and technical measures to ensure that the data does not identify you and cannot be associated back to you.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • By changing the privacy and other settings in your user account within the Services.
  • You may also unsubscribe to certain communications by following the instructions contained at the bottom of each type of email. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Notice or the Terms and Conditions, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested.
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by changing your settings in your user account.
  • Where we’re relying upon your consent to process Personal Data, you can withdraw this at any time by contacting us using the details below.

You can access, rectify, restrict, limit or delete much of your information by logging into your registered user account. If you require additional access believe that any information we are holding on you is incorrect or incomplete or have questions concerning your data or if you are not a registered user of the Earn It mobile application, please contact us at dataprotection@youearnit.com or at the address at the bottom of this Privacy Notice.

Deleting Information and Accounts

You may request that your account is suspended or deleted through your user account.

  • If suspended we still hold your data for a reasonable period of time and you may re-activate your account with the data we hold within this time period.
  • If you choose to delete your account your data, including your account, activities, training plans and place on leaderboards etc is deleted and cannot be reinstated.

Should you wish that your Personal Data is permanently deleted from our Platform when you delete your user account please email: dataprotection@youearnit.com following the deletion of your Account to request this.

Note that content you have shared with others whilst using the Services or that others have copied may also remain visible after you have deleted your account or deleted the information from your own profile.

Credit card privacy

We do not store your payment information when you register with us. Your payment card details are encrypted, stored and processed by our fully Payment Card Industry Data Security Standard compliant third party provider.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

We will take all reasonable steps to ensure that any Personal Data that you provide via the Platform is kept secure. Although we endeavour to protect your Personal Data, because of the nature of the Internet, we cannot guarantee the security of your data transmitted to the Platform and any inward transmission of data is carried out at your own risk.

You should be aware of the security features available to you through your device when you use our Platform. You should use a security-enabled device to submit your credit card information and other personal information for the Services. Please note that if you do not use an SSL-capable device, you are at risk for having data intercepted.

The information you provide to us or that we hold about you is stored, where applicable, in a secure cloud server, electronically in our databases. We are based in the UK.  All data we collect will be stored in the UK or in the European Economic Area (EEA).

International Transfer of Personal Data

We may transfer your Personal Data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in the section headed “Purposes For Which We Process Personal Data” above. In particular, your Personal Data may be transferred to our outsourced service providers located abroad. In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means.  Please contact the Data Privacy Compliance Manager via the address below for a copy of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances.

Retention of Your Personal Data

Your Personal Data will be retained until your last use or purchase of our Services or Products and normally for a period of four years thereafter, unless longer retention is required by applicable local law or where we have a legitimate and lawful purpose to do so. However, we will not retain beyond this period any of your Personal Data that is no longer required for the purposes set out in this Privacy. The retention of your Personal Data will be subject to periodic review.

We may keep an anonymised form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Children

Please note that the Services are not intended for children under the age of 18.

Your Personal Data and Your Legal Rights

Any personal information you supply to us via the Platform or via any third party website will be treated in accordance with applicable data protection laws including the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

We are committed to delivering the rights that individuals are entitled to under data protection laws in the UK (or as otherwise applicable). These are:

  • ‍the right to request a copy of the personal information we hold about you.  To do this, please write to us at the address shown below making clear that you are requesting a copy of your Personal Data and including full details of what you require. You may also be required to submit a proof of your identity and a fee;‍
  • the right to object to your personal information being used for direct marketing. We will give you the ability to object to this, and where required we will ensure we obtain your consent before undertaking marketing (see the “Controlling your personal information” section above);‍
  • the right to object to your Personal Data being processed where the legal basis for the processing is our own legitimate interests as a business (see the “Purposes For Which We Process Personal Data” section above). We will comply with such a request unless there is a lawful reason for not doing so, such as, when we need to continue to process your data to defend a legal claim;‍
  • the right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete Personal Data;‍
  • the right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your Personal Data at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your Personal Data is essential (see the “Controlling your personal information” section above);‍
  • the right of erasure. You may request that we erase your Personal Data and we will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping your Personal Data, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations (see also “Deleting Information and Accounts” above);‍
  • the right to data portability. In certain circumstances, you may request that we provide your Personal Data to you in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services to us. Where this right is applicable, we will comply with such transfer as far as it is technically feasible; and‍
  • the right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your Personal Data. However, you do have the right to contact the relevant supervisory authority directly. To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website for instructions.

The point of contact for further information about or to exercise any of the rights above is as follows:

Data Privacy Compliance Manager, Earn It Limited, The Harley Building, 77 New Cavendish Street, London W1W 6XB.

In the first instance, you should direct any such request to us by email at address: dataprotection@youearnit.com.

Linked Websites

The Services may, from time to time, contain links to and from the Services of our partner networks, advertisers and affiliates. If you follow a link to any of these Services, please note that these Services have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these Services.

Cookies

The Services uses cookies to distinguish you from other users of our Services. This helps us to provide you with a good experience when you browse our Services and also allows us to improve our Services.

What is a Cookie?

Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. This information is then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device. Cookies can be used to remember settings, like language and text size, or be used to show certain adverts to the user based on their previous viewing history (or what cookies they have collected).

You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.com/uk

Cookies used as part of the Services

A list of all the types of cookies used on our Services by category is set out below.

Strictly necessary cookies - These cookies enable services you have specifically asked for. For the types of cookies that are strictly necessary, no consent is required. These cookies are essential in order to enable you to move around the Platform and use its features, such as accessing secure areas of the Platform. Without these cookies the services you have asked for cannot be provided.

Analysis cookies - These cookies collect anonymous information on the pages visited. You will be asked to consent to these cookies when you first access our Services. These cookies collect information about how visitors use the Platform; for instance, which pages visitors go to most often, which pages they go to next and if they get error messages from web pages.

Performance cookies - These cookies remember choices you make to improve your experience.  You will be asked to consent to these cookies when you first access our Services. These cookies allow the Platform to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. Refusing these cookies may result in poorly-tailored recommendations and the slow performance of our Services.

Targeting or advertising cookies - These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation. You will be asked to consent to these cookies when you first access our Services.

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How do I turn off cookies?

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of the Services. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies at https://ico.org.uk/for-the-public/online/cookies/ or visit https://www.youronlinechoices.eu .

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Consent for cookies

You will be asked to consent to our use of cookies when you first access any of our Services. You may amend your cookie preferences at any time in your user account on the Earn It Platform.

Please note that if you choose to reject cookies, certain parts of this Platform may not be available to you or may not function properly.

For more information about cookies and how you can control them, please visit http://cookiepedia.co.uk/

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Analytics providers

We use analytics providers to help us in the optimisation and improvement of the Services. Third party analytics providers also help us serve targeted adverts from us and/or our partners.‍

 

Behavioural advertising and online privacy

Behavioural advertising enables retailers to display adverts to you on the web based on the products and retailers that you have previously visited.  A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at www.youronlinechoices.eu. The guide contains an explanation of the self-regulatory scheme to allow you greater control of the advertising you see.

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We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.