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Privacy Policy

Introduction and Scope


    This document concerns YOUR personal data, legally defined as information concerning any living person that is not already in the public domain, and covers legislation from The Data Protection Act (DPA), Privacy and Electronic Communications Regulations (PECR) and The General Data Protection Regulations (GDPR).

    The aforementioned regulations seek to protect and enhance your rights as a data subjects, and cover the safeguarding of personal data, protecting the user against the unlawful processing of personal data and the unrestricted transfer of personal data within the EU.

    Please be aware; GDPR does not apply to information already accessible in the public domain, for example, Companies House data, or domain registration information.

    In this policy document, we, us and our refer to the data controller listed in Section 2.4 of this document.

    1.1 INCUSPERFORMANCE.COM is committed to safeguarding the privacy of visitors to our website (https://www.incusperformance.com/) and general service users, in accordance with the General Data Protection Regulation (GDPR) 2018.

    1.2 This Privacy Policy applies to all cases in which INCUSPERFORMANCE.COM is acting as a data controller responsible for the processing and safeguarding of personal data of website visitors and service users.

    1.3 Upon first visiting our website, you will be asked to agree to the terms presented in this policy document, and to the use of cookies. Continued use of our website after the privacy/cookie notice implies consent has been granted by the user (YOU).

     

    Who we are


      The information provided in this section clearly defines who “we” are, and who is responsible for managing your personal data. Methods of contact should also be clearly defined in accordance with EU laws on service provider transparency.

      If you believe information is missing or incorrect in this section, or does not adequately describe the service provider, you should discontinue use of this website immediately.

      2.1 Who are we?

      INCUSPERFORMANCE.COM is a sports technology website. INCUS are committed to making high quality sports training data easy to collect, and more importantly, easy to understand and apply in training, whether you’re an elite or amateur.

      2.2 Physical address

      INCUS Performance Ltd
      Advanced Technology Innovation Centre
      5 Oakwood Drive,
      Loughborough,
      Leicestershire.
      UNITED KINGDOM
      LE11 3QF

      2.3 Contact methods

      You can contact us via any of the following methods:

      (a) By post to

      INCUS Performance Ltd
      Advanced Technology Innovation Centre
      5 Oakwood Drive,
      Loughborough,
      Leicestershire.
      UNITED KINGDOM
      LE11 3QF

      (b) Use of our website’s contact form on the following URL

      https://www.incusperformance.com/contact/

      (c) By telephone

      TBC

      (d) By email

      info@incusperformance.com

      2.4 Data Protection Officer

      Our data protection officer/data controller is Chris Ruddock and contact details for the aforementioned controller are as detailed above in section 2.3.

       

      Collection of YOUR personal data


        The section below will detail the types of data that is collected, in addition to the methods of collecting this data.

        3.1 User provided information

        INCUSPERFORMANCE.COM will collect direct information provided by you (via contact forms, for example) to provide quotations, make telephone contact, or to email you concerning any information you may request.

        3.2 Automatically collected information

        Whilst visiting our website, some additional personal data may be collected, including but not limited to personally-identifying information like Internet Protocol (IP) addresses, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information concerning the timing, frequency and pattern of your service use.

        3.3 Other data that may be collected

        For the avoidance of doubt, in some circumstances, other data may also be collected. This includes (but is not limited to):

        • contact details including name, email, telephone number and shipping, billing address;
        • login and account information, including screen name, password and unique user ID;
        • personal details including gender, date of birth and purchase history;
        • images, photos and videos;
        • data on physical characteristics, including weight, height, and body measurements (such as estimated stride or apparel size);
        • fitness activity data provided by you or generated through our Sites or Apps (time, duration, distance, location, pace/stride);
        • personal preferences including your wish list as well as marketing and cookie preferences.

        We collect additional personal data from you to enable particular features within our Sites and Apps.  For example, we may request access to your phone’s location data to log your run route, your contacts to allow you to interact/share with your friends, your calendar to schedule a training plan or your social network credentials to post content from an App to a social network.  This personal data includes your:

        • movement data from your device’s accelerometer;
        • photos, contacts and calendar information;
        • sensor data, including heart rate and (GPS) location data; or
        • social network information, including credentials and any information from your public posts about INCUS or your communications with us.

         

        3.4 How YOUR data on our website is collected and stored

        Data will be collected on our website in the following ways:

        a)Via web contact forms on our website

        Data provided via our website forms is manually submitted by the user, and stored in an encrypted MySQL database.

        b)Via Google Analytics tracking

        Google Analytics is a web analytics service offered by Google that tracks and reports website traffic and user behavior, enabling us to enhance the user experience and analyse marketing.

        Google use cookies to offer this service and their privacy policy is available at: https://www.google.com/policies/privacy/

        All data is stored on Google’s secure servers.

        c)Via web server tracking software provided with our web hosting

        Our web hosting provider may track user behaviour and monitor potential security threats, and as such will collect data designed to keep the website operational and your information secure.

        All data is stored on our web host’s secure servers and will be made available in association with a relevant data protection request.

        d)Via browser cookies

        Our website uses cookies, defined as a string or array of information that a website stores on a visitor’s computer. YOUR browser provides this information on each visit to our website.

        Website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website.
        Further information on browser cookies and how to manage them can be found in section 12 of this document.

         

        Use of YOUR personal data


          It is required that ANY use of YOUR personal data will be lawful and fair, and initiation of data transfer from user (YOU) to INCUSPERFORMANCE.COM should be easy to understand, and be transparent as to which data is being processed and how it may be used.

          4.1 Lawful basis for data processing

          Your personal data will only be used only to provide or enhance a service that you have initiated or requested.

          INCUSPERFORMANCE.COM will never use your personal data for operations outside the defined scope of our working arrangement or contract, unless legally required to do so.

          4.2 Legal obligations

          Should it be legally required to divulge your personal information to a higher authority such as law enforcement organisations, YOU as the user will be notified of any such data transfer.

           

          Transfer of YOUR personal data


            5.1 Third party transfer

            If it is necessary to utilise your details for a third party service such as Google Analytics, this data transfer will only take place upon your direct instructions in writing or email.  No transfer will take place without your consent.

            5.2 Third party conformity

            Should any transfer occur, INCUSPERFORMANCE.COM expect all third party organisations to adhere to the same data protection regulations.

            5.3 Data transfer outside of EEA

            Should data transfer concerning YOU be necessary to an organisation outside of the European Economic Area (EEA), YOU will be notified beforehand and must consent before any data transfer takes place. No data transfer will take place without prior consent.

            5.4 External data transfer via hyperlinks

            This website may include relevant hyperlinks to external websites not controlled by INCUSPERFORMANCE.COM. Whilst all reasonable care has been exercised in selecting and providing any such links, you are advised to exercise caution before clicking any external links. We cannot guarantee the ongoing suitability of external links, nor do we continually verify the safety or security of the contents which may be provided to you.  No personal data will ever be passed to external websites via hyperlinks as detailed above.

            5.5 Transfer internally across website

            All data transferred from page to page, from page to mailer, or from page to database is sent encrypted via the HTTPS protocol.  The site is protected via a COMODO RSA SSL certificate.

             

            Your rights as a data subject


              6.1 Your rights

              At any point whilst INCUSPERFORMANCE.COM is in possession of, or processing your personal data, all data subjects have the following rights as dictated by EU laws and regulations:

              • Right of access – you have the right to request a copy of the information that we hold about you.
              • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
              • Right to erasure – in certain circumstances you can ask for the data we hold about you to be erased from our records.
              • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
              • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
              • Right to object – you have the right to object to certain types of processing such as direct marketing.
              • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.

              6.2 Refusal of access

              In the event that INCUSPERFORMANCE.COM refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge this refusal, or lodge an official complaint to the ICO (see Section 13).

               

              Transparency of data held


                7.1 Requesting information

                INCUSPERFORMANCE.COM is legally obligated to provide the data we have collected concerning YOU at any time. You may request the following information:

                • Information concerning how we collected the data.
                • Contact details of the data protection officer, if applicable.
                • The purpose of the processing your information, in addition to the legal basis for processing.
                • The categories of personal data collected, stored and processed.
                • Recipient(s) or categories of recipients that the data is/will be disclosed to.
                • How long the data will be stored.
                • Details of your rights to correct, erase, restrict or object to such processing.
                • Information about your right to withdraw consent at any time.
                • How to lodge a complaint with the supervisory authority (ICO).
                • Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
                • The source of personal data if it wasn’t collected directly from you.
                • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

                7.2 Verification requirements

                To access what Personal data is held, identification will be required for verification. This may be a copy of your current driving licence, your passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If INCUSPERFORMANCE.COM is dissatisfied with the materials provided, further information may be sought before personal data can be released.

                 

                Tools to Manage What Personal Data We Collect

                 

                8.1 Existing tools used

                When using our Apps and Sites, we also provide in-time notice or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications.  We may obtain this consent through the Apps or Sites or using the standard permissions available on your device. 

                8.2 Additional tools available to you 

                In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data.  For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing.  We encourage you to familiarize yourself with and use the tools available on your devices.

                 

                Why and how do we use your personal data?

                 

                We use your personal data in the following ways:

                9.1 To provide the features of the sites, apps, and services you

                       Request

                 

                • When you use our Sites and Apps, we will use your personal data to provide the requested product or service.  For example, if you make a purchase on incusperformance.com or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you contact our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
                • If you use our Apps to track your activity or physical characteristics, we will collect this personal data and store it so that you can review it in the App.  Your activity data may include data you enter about your activity or data collected by your device during your activity such as location data and movement data.  We may use this activity data to calculate further information about your activity, such as distance run, or calories burned, so that the calculated information can be provided to you as part of the functionality of the App.
                • In many cases, to use particular features within our Sites and Apps, you may need to provide INCUS Performance with additional data or additional consent to use particular data in a certain way.  For example, to use the heart rate tracking features of our App, you may need to connect to a heart rate monitoring device. Similarly, to share content on social media, you may be required to provide your social media account credentials to sign in.

                9.2 To communicate information about our products, services, events and for other promotional purposes

                 

                • When you consent, we will send you marketing communications and news concerning INCUS Performance’s products, services, events and other promotions.  You can opt-out at any time after you have given your consent.
                • If you are an existing customer of INCUS Performance (for example, if you have placed an order with us), we may use the contact details you provided to send you marketing communications about similar INCUS Performance products or services where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us as well as information from other INCUS Performance products or services - such as your use of INCUS Performance’s Sites and Apps, your visits to or your participation in INCUS Performance events and contests - to personalise communications on products and services that may be interesting for you.

                 

                9.3 To Operate, Improve and Maintain our Business, Products and

                      Services

                 

                We use the personal data you provide to us to operate our business.  For example, when you make a purchase, we use that information for accounting, audits and other internal functions.  We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps. We may also use your performance data in wider trend and analytical studies to improve and expand our capabilities.

                9.4 To Protect Our or Others' Rights, Property or Safety

                 

                We may also use your personal data about how you use our Sites and Apps to prevent or detect fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, governmental requests or applicable law.

                • For General Research and Analysis Purposes

                We use data about how our visitors use our Sites, Apps and services to understand customer behaviour or preferences.  For example, we may use information about how visitors to incusperformance.com search for and find products to better understand the best ways to organise and present product offerings in our storefront.  

                • Use (Processing) of Workout Info

                As discussed above, INCUS Performance collects data about your fitness activity or your physical characteristics, together, “Performance Info”, to provide our Apps and other services.  Because of the personal nature of this data, we strive to provide you with clear information about how Performance Info will be used.  As this data may be considered sensitive in certain jurisdictions, we take appropriate measures in protecting and using this data and, where required by applicable law or under INCUS Performance’s internal policies, will obtain your consent for use of your Performance Info. 

                 

                Consent and withdrawal of consent


                  10.1 Consenting and withdrawal of consent

                  Through agreeing to this privacy notice you are consenting to INCUSPERFORMANCE.COM processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing or phoning the data protection officer detailed in this document.

                   

                  Data retention policy


                    11.1 Data storage expiration

                    INCUSPERFORMANCE.COM will process personal data during the duration of any contract and will continue to store only the personal data needed for three years after the contract has expired to meet any legal obligations. After this period any personal data no longer required or dormant will be deleted.

                     

                    Data storage


                      12.1 Storage of data across multiple locations

                      Data collected by this website is held primarily in the United Kingdom using different (multiple) servers.  However, data is backed-up to servers across Europe via cloud storage backup solutions. All servers are located in locations that are required to comply with the same data protection regulations.  

                      12.2 Transparency of data storage by third party providers

                      As defined in sections 4 and 5, your data may be transferred by INCUSPERFORMANCE.COM to a third party service to enhance your user experience or to provide client services.  Companies that may have access to some of your data and the data they are able to process is as follows:

                      • Google (Analytics) – Email address and website address
                      • Mailchimp (Mailing Subscriptions) – Email address, name and related campaign data as displayed clearly on signup form

                       

                      Amendments


                        13.1 Policy updates

                        We may update this policy without notice. The most recent version will always be available on our website.

                        13.2 Keeping up to date with this policy

                        Website users should check this page occasionally to ensure you are in agreement with any changes to this policy.

                         

                        Cookies


                          14.1 Types of cookie

                          Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

                          14.2 Data contained within cookies

                          Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

                          14.3  Storage of cookie data

                          Information provided in these cookies may be stored by INCUSPERFORMANCE.COM in an encrypted MySQL database if it’s necessary the operation or our website. Cookies will also be stored by YOU, should your browser be set to use them.

                          14.4 Refusing and deleting cookies

                          Most modern browsers allow you to refuse to accept cookies and also allow you to delete cookies.

                          The methods for doing so vary from browser to browser, from version to version, and can be dependent on operating system. You can however obtain up-to-date information about blocking and deleting cookies via the following:

                          14.5  The impact of blocking cookies

                          Blocking all cookies will have a negative impact upon the usability of many websites, and should you block cookies on our website, you will not be able to use all of the features of our website.

                           

                          Legal Grounds


                            15.1 Interaction & legal grounds

                            To process your personal data, we rely on certain legal grounds, depending on how you interact with our Sites and Apps.

                            • When you purchase INCUS Performance products from our Sites and Apps, we need your personal data to fulfil our contract with you. For example, we need your payment and contact details to deliver your order.
                            • When you use our Apps, we rely on your consent for processing and for certain limited purposes to fulfil our contract with you (for example, for in-App purchases). 
                            • We also rely on other legal grounds, such as our legitimate interests as a business, to comply with a legal obligation, or to protect your vital interests.

                             

                             

                            Complaints

                              16.1 Filing a complaint to the ICO

                              In the event that you wish to make a compliant about how your personal data is being handled, you have a legal right to complain. If you do not get a response within 30 days of your correspondence, you can initiate a complaint to the ICO.

                              ICO
                              Address:  Wycliffe House, Water Lane, Wilmslow, SK9 5AF
                              Telephone: 0303 123 1113
                              Email: https://ico.org.uk/global/contact-us/email/

                               

                              Policy Updates


                                17.1 Latest version

                                The latest version of this document is dated 26th June 2020.

                                17.2 Previous revisions

                                V1.0 - Dated 17th July 2019