We take your privacy very seriously. Please read this privacy notice carefully as it contains important infor-mation on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal information about you. When we do so we are sub-ject to the General Data Protection Regulation, which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
It would be helpful to start by explaining some key terms used in this policy:
We, us, our K2 Performance Systems (UK) Limited, K2 Performance Systems International Ltd and Believe Perform Ltd
Our data protection lead is:
Any information relating to an identified or identifiable individual
Special category personal information
Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical be-liefs or trade union membership
Genetic and biometric data
Data concerning health, sex life or sexual orientation
Personal information we collect about you
We may collect and use the following personal information about you:
- Your name and contact information, including email address and telephone number and work contact details
- Information to enable us to check and verify your identity, eg your date of birth
- Your gender information
- Location data
- Your billing information, transaction and payment card information
- Your personal or professional interests
- Your professional online presence, eg LinkedIn profile
- Your contact history, purchase history and saved items
- Information from accounts you link to us, eg Facebook
- Information to enable us to undertake credit or other financial checks on you
- Information about how you use our website, IT, communication and other systems
- Your responses to surveys, competitions and promotions
- Your relevant medical history including information regarding your physical and mental health
This personal information is required to provide services to you. If you do not provide personal information when we ask for, it may delay or prevent us from providing services to you.
How your personal information is collected
We collect most of this personal information directly from you – in person, by telephone, text or email and/or via our website. However, we may also collect information:
- From publicly accessible sources;
- Directly from a third party, eg:
– Sanctions screening providers;
– Credit reference agencies;
– Customer due diligence providers;
- From a third party with your consent, eg your employer, your doctor;
- Via our IT systems, eg:
- Automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems.
How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, eg:
- To comply with our legal and regulatory obligations;
- For the performance of our contract with you or to take steps at your request before entering into a contract;
- For our legitimate interests or those of a third party; or
- Where you have given consent.
- A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
|What we use your Personal Information for||Our Reasons|
|To provide services to you||For the performance of our contract with you or to take steps at your request before entering into a contract|
|To prevent and detect fraud against you or us||For our legitimate interests or those of a third party, ie to minimise fraud that could be damaging for us and for you|
|Conducting checks to identify our customers and verify their identity
Screening for financial and other sanctions or em-bargoes
Other processing necessary to comply with profes-sional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator
|To comply with our legal and regulatory obligations|
|Gathering and providing information required by or relating to audits, enquiries or investigations by reg-ulatory bodies||To comply with our legal and regulatory obligations|
|Ensuring business policies are adhered to, eg policies covering security and internet use||For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you|
|Operational reasons, such as improving efficiency, training and quality control||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|Ensuring the confidentiality of commercially sensitive information||For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information.
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures||For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can delivery the best service for you at the best price|
|Preventing unauthorised access and modifications to systems||For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you.
To comply with our legal and regulatory obligations
|Updating and enhancing customer records||For the performance of our contract with you or to take steps at your request before entering into a con-tract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
|Statutory returns||To comply with our legal and regulatory obligations|
|Ensuring safe working practices, staff administration and assessments||To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
|Marketing our services to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings
|For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers|
|Credit reference checks via external credit reference agencies||For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our products and services|
|External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts||For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demon-strate we operate at the highest standards.
To comply with our legal and regulatory obligations
The above table does not apply to special category personal information, which we will only process with your explicit consent.
We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services.
We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications.
However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell OR share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
- Contacting us at data@planetK2.com
- Using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
- Updating your marketing preferences using the ‘update your preferences’ link in emails
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with
We routinely share personal information with:
- Your employer with your consent
- Third parties we use to help deliver our services to you, e.g. coaches, psychometric testing providers;
- Other third parties we use to help us run our business, e.g. marketing agencies or website hosts;
- Third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
- Credit reference agencies;
- Our insurers and brokers;
- Our bank(s)
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a restructuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Where your personal information is held
Information may be held at our offices and third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
Some of these third parties may be based outside the European Economic Area.
For more information, in-cluding on how we safeguard your personal information when this occurs, see below: ‘Transferring your personal information out of the EEA’.
How long your personal information will be kept
We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To show that we treated you fairly;
- To keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. Further details on this are availa-ble in our retention policy that gives these details.
When it is no longer necessary to retain your personal information, we will delete or anonymise it.
Transferring your personal information out of the EEA
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:
- With our coaches outside the EEA;
- With your and our service providers located outside the EEA;
- If you are based outside the EEA;
- Where there is an international dimension to the services we are providing to you.
These transfers are subject to special rules under European and UK data protection law.
The following countries to which we may transfer personal information have been assessed by the European Commission as providing an adequate level of protection for personal information:
EU and EEA Countries:
- United Kingdom
Except for the countries listed above, these non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure.
Non EU and EEA Countries:
- New Zealand
- South Africa
If you would like further information please contact us (see ‘How to contact us’ below).
You have the following rights, which you can exercise free of charge:
|Access||The right to be provided with a copy of your personal information (the right of access)|
|Rectification||The right to require us to correct any mistakes in your personal information|
|To be forgotten||The right to require us to delete your personal information in certain situations|
|Restriction of processing||The right to require us to restrict processing of your personal information in certain circumstances, eg if you contest the accuracy of the data|
|Data portability||The right to receive the personal information you provided to us, in a structured, commonly used and machine readable format and/or transmit that data to a third party in certain situations|
|To object||The right to object:
— at any time to your personal information being processed for direct marketing (including profiling);
— in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.
|Not to be subject to automated individual decision-making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
- Email, call or write to us – see below: ‘How to contact us’; and
- Let us have enough information to identify you (eg your full name, address and customer refer-ence number);
- Let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- Let us know what right you want to exercise and the information to which your request relates
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information with you. We’re a friendly bunch – please do speak to us about your data if you need to.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.
The supervisory authority in the UK is the Information Commissioner who may be contacted at:
https://ico.org.uk/concerns or telephone: +44 303 123 1113.
Changes to this privacy notice
This privacy notice was published on 20th June 2018 and last updated on 20th June 2018.
We may change this privacy notice from time to time—when we do we will inform you via our website.
How to contact us
Please contact us by post, email or telephone if you have any questions about this privacy notice or the in-formation we hold about you.
Our contact details are shown below:
K2 Performance Systems (UK) Ltd
85 London Road