UPGRADED PRIVACY AND COOKIE POLICY

This Privacy and Cookie Policy applies to the website www.myupgradedfitness.com(“Website”) and the associated 'Upgraded' weight management products and services (“Products”) (together, the “Platform”) which are operated by [UPGRADED LIMITED] a company registered in England and Wales under number 11894331 with its registered office at 31-33 Prescot St, London E1 8BB ("Upgraded", "we", "our" or "us").

By using the Upgraded Website or Products, you consent to the data practices described in this Privacy Policy. If you do not agree with any part of this Privacy Policy, then we cannot make our Platform available to you and you should stop accessing and using it.

Upgraded encourages you to review the privacy statements of websites you choose to navigate to from Upgraded so that you can understand how those websites collect, use and share your information. Upgraded is not responsible for the privacy statements or other content on websites outside of the Upgraded website.

This Privacy Policy is provided in accordance with Upgraded Fitness' obligations under applicable privacy and data protection law, including Regulation (EU) 2016/679 (GDPR) (Applicable Data Protection Law). Definitions in this Privacy Policy shall be as set out in the Applicable Data Protection Law. For the purposes of this Privacy Policy, the term “personal data” means any information which identifies you or which allows you to be identified when combined with other information. It does not include data where the identity has been removed (anonymous data).

For the purposes of Applicable Data Protection Law, Upgraded Fitness is a data controller (for example, when collecting personal data from users of the Platform,and collecting personal data from our staff and consultants) and a data processor (for example, when storing personal data uploaded by a client to our Platform or processing personal data on the instructions of a client or where they are a data controller). We may also be a data processor where it processes personal data belonging to another party under their instruction and control. This Privacy Policy primarily applies in the context where Upgraded is a data controller.

Collection of your Personal Information

Upgraded may collect and process personal data, such as your name and email address if you enter these on the contact form on our website or to fulfil our contractual obligations - to provide ourProducts including the Platform, invoice and receive payment for Products, send updates, news and information about our Products and related services. We may gather additional personal or non-personal information in the future.

We may collect and process data about others that you provide us with, including (but not limited to) information that you provide by filling in forms on the Platform. You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with. For the avoidance of any doubt, any reference in this privacy policy to your data shall include data about other individuals that you have provided us with.

We may collect, use, store and transfer different kinds of personal data about you, we have grouped such data together as follows:

Identity Data includes first name, last name, username or similar identifier, title, gender, and social media accounts.

Contact Data includes billing address, delivery address, email address and telephone numbers.

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you and other details of Products you have purchased from us.

Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location,browser plug-in types and versions, operating system and platform, device model and other technology on the devices you use to access this website or our Platform.

Profile Data includesyour username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our Platform.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Other Data includes other personal data or information relating to such personal data that you have uploaded to the Platform.

We may also collect, use and share Aggregated Data such as statistical, dietary, health 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 does not directly or indirectly reveal your identity. 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. This information is used for the operation of the website and the Products provided by Upgraded, and to provide general statistics regarding use of the Upgraded website and Products.

We do not knowingly collect any Special Categories of Personal Data about you (such as 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) or information about criminal convictions and offences.


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 name, email address and contact details in person, or by filling in forms on our website or by corresponding with us by post, phone, email, social media or otherwise. This includes personal data you provide when you:


Automated technologies or interactions. As you interact with our Platform, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policybelow for further details.


Automated technologies through the use of our website or Products. In your use of our Platform (including receiving our newsletter), certain Usage Data is transmitted to us such as the device you are using, and other such data.

Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:


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


Purposes for which we will process your personal data


We may collect and use your personal information to operate our website(s) and mobile applications and deliver the Products you have requested. 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:

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.


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 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.


Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new user (a) Identity (b) Contact Performance of a contract with you
To process and deliver Products including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To enable you to partake in a prize draw, competition or complete a survey (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our Products, to develop them and grow our business)
To administer and protect our business, website and Products (including troubleshooting, data analysis, testing, system (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT Products, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical Necessary for our legitimate interests (to study how customers use our Products, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, Products, Platform, marketing, customer relationships and experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our Products, to keep our Platform updated and relevant, to develop our business and to inform our marketing strategy
To make suggestions and recommendations to you about Products that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile Necessary for our legitimate interests (to develop our Products and grow our business)

Upgraded may also use your personally identifiable information to inform you of other products or Products available from Upgraded and our partners. Upgraded may also contact you via surveys to conduct research about your opinion of our website and Products. Upgraded does not sell, rent or lease or provide in any other way its customer lists to third parties.


Upgraded may keep track of the websites and pages our users visit within Upgraded and which Products our users access. This data is used to deliver customised content within Upgraded to customers whose behaviour indicates that they are interested in a particular subject area.


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.


Transfer of Personal Data

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 and applicable law.


You agree that we may share data with the third parties set out below for the purposes set out in the table above:

All such third parties are required to maintain the confidentiality of your information.


We may also transfer your personal data to 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.


Whenever we transfer your personal data out of the EEA or UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:



We may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

(a) conform to the edicts of the law or comply with legal process served on Upgraded or the site

(b) protect and defend the rights or property of Upgraded; and,

(c) act under exigent circumstances to protect the personal safety of users of Upgraded, or the public.

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.


For example, sensitive information between your browser and the Platform is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Platform’s certificate.


Your passwords and information are stored inour database in encrypted form. We do not disclose your account details, postal or email addresses to anyone except when legally required to do so. However, it is your responsibility to keep your password secure. Unfortunately, the transmission of information via the internet is not completely secure. Although Upgraded will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to the Platform, any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try and prevent any unauthorised access.


Data retention

Upgraded will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.


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 requirements. Data reviewed regularly for relevance. Any data deemed no-longer relevant is deleted. Upgradedmaykeep your personal data for at leastsix years from the date of the last interaction for insurance and liability purposes. Upgraded shall keep staff and consultant personal data for at least seven years. Upgraded shall keep emails of clients and prospective clients for as long as it has a legitimate interest to do so. You can request details of retention periods for different aspects of your personal data by contacting us at support@myupgradedfitness.com.


As noted above, where we have taken steps to anonymise your personal data (so that it can no longer be associated with you) we may use this for analytical, research and statistical purposes and to help us to improve our Products, in which case this is no longer personal data and we may use this information indefinitely without further notice to you.


Use of Cookies


The UpgradedPlatform may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Our Platform may use cookies and similar technologies to distinguish you from other users of our Platform. This helps us to provide you with a good experience when you browse our Platform and allows us to improve our Platform. 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 the Platform may become inaccessible or not function properly. For more information about the cookies we use, please see ourCookie Policy below.


Persons Under Eighteen

Upgraded does not knowingly collect personally identifiable information from children or persons under the age of eighteen. If you are under the age of eighteen, you may not use our Products.


We are committed to preserving online privacy for all Website visitors, including children.Consistent with the Children's Online Privacy Protection Act (COPPA) under US Federal Law, we also will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child's information, please contact usvia our Contact Information below and be sure to include in your message the same login information that your child submitted.


Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from us by contacting us or selecting the “Unsubscribe” option on their email.


Your Legal Rights


You have the right to:


No fee usually required


You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.


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 within one month. Occasionally it may 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.


UPGRADEDCOOKIE POLICY

Our Platform may use “cookies” to help you personalize your experience.A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.


One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you visit the UpgradedWebsite, a cookie helps Upgraded to recall your information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, and so on. When you return to the same UpgradedWebsite, the information you previously provided can be retrieved, so you can easily use the Upgraded features that you customized.


You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the UpgradedPlatform or websites you visit.


Upgraded may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs. Upgraded may also use web beacons and tracking URLs in emails to determine whether a recipient opened the email or accessed a certain link.


Upgraded may use the following cookies:


Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.


If you wish to view a cookie’s code, just open your cookie file in your browser and click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie. For information on how to do this on the browser of your mobile phone you will need to refer to your device manual.


Consent to our use of Cookies


The law allows us to store cookies on your computer if they are essential to the operation of our Website. We need your consent to set non-essential cookies on your computer.


When you use our website for the first time we give you the opportunity to accept or decline cookies.


BY USING OUR WEBSITES AND SERVICES, YOU ARE CONSENTING TO OUR SETTING COOKIES AND USING THE DATA COLLECTED BY THEM FOR THE PURPOSES SET OUT ON THIS COOKIE POLICY

If you wish to withdraw consent for any reason, please contact support@myupgradedfitness.com.


Declining Cookies


Some of the cookies we use are essential if the Website is to operate properly. If you decline them, some of the features of the website may not work as well as we intend and you may not be to access or use some features.


Unless you have set your browser so that it will decline cookies, our system will set some cookies as soon you use the Website.


You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. For information about this you should look in your browser’s ‘help’ facility. 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 our Website.


If you have previously used our Website and/or Products and no longer wish to accept cookies, you should be aware that some cookies will have been set. You may delete these cookies at any time by following the instructions at: https://www.aboutcookies.org/how-to-delete-cookies/


More information on cookies can be found on allaboutcookies.org.


You may be able to opt out of receiving personalized advertisements from advertisers or advertising networks who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are here:


Network Advertising Initiative: http://www.networkadvertising.org/choices/

Digital Advertising Alliance: http://www.aboutads.info/choices/

Google Analytics


We use Google Analytics. The information generated by the Google Analytics cookie (including your IP address) will be transmitted to and stored by Google on their servers. Google will use this information for the purpose of evaluating your use of our websites and/or Products compiling reports on activity and providing other services relating to activity and internet usage.


Google may also transfer this information to third parties where required to do so by law, or where third parties process the information on Google’s behalf.


To see more information on the cookies set by Google Analytics see: Cookies and Google Analytics.


To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout


Changes to this Privacy Policy or Cookie Policy

We may occasionally update this Privacyand Cookie Policy to reflect company and customer feedback and any changes in data protection regulations. Upgraded encourages you to periodically review this Privacy and Cookie Policy to be informed of how we are protecting your information.


Contact Information


Upgraded Fitness Ltd welcomes your questions or comments regarding this Privacy and Cookie Policy. If you believe that Upgraded has not adhered to this Privacy and Cookie Policy, please contact us at support@myupgradedfitness.com


Upgraded Fitness Limited


31-33 Prescot St, London E1 8BB


Effective14March 2019