Walks & Waterfalls Limited (WE) are committed to protecting your personal data and respecting your privacy.
INTRODUCTION
This policy (together with our Terms of Use) applies to your use of:
- Walks & Waterfalls, a mobile application software (APP) available through all major app retailers once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
- Any of the services accessible through the App (SERVICES) that are available on the App Site or other sites of ours (SERVICES SITES). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
This policy is provided in a layered format so you can click through to the specific areas set out below.IMPORTANT INFORMATION AND WHO WE ARE THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED? HOW WE USE YOUR PERSONAL DATA INTERNATIONAL TRANSFERS DATA SECURITY DATA RETENTION YOUR LEGAL RIGHTS GLOSSARYDESCRIPTION OF CATEGORIES OF PERSONAL DATAIMPORTANT INFORMATION AND WHO WE ARE
Walks & Waterfalls (SC650103), is the controller and is responsible for your personal data (collectively referred to as “COMPANY“, “we”, “us” or”our” in this policy).
CONTACT DETAILS
Our full details are:
• Full name of legal entity: Walks & Waterfalls Limited
• Email address: [email protected]
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues or other competent supervisory authority of an EU member state if the App is downloaded outside the UK. However, we would appreciate the opportunity to address any of your concerns first.
CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy policy under regular review.
This version was last updated in September 2020. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Services Sites. The new policy may be displayed on- screen and you may be required to read and accept the changes to continue your use of the App or the Services.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if
your personal data changes during our relationship with you.
THIRD PARTY LINKS
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you as follows:
• Identity Data.
• Contact Data.
• Content Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.
• Location Data.
We explain these categories of data under heading: DESCRIPTION OF CATEGORIES OF PERSONAL DATA.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union
membership, information about your health, and genetic and bio- metric data). Nor do we collect any information about criminal convictions and offences.
HOW IS YOUR PERSONAL DATA COLLECTED?
We will collect and process the following data about you:
• INFORMATION YOU GIVE US. This is information (including Identity, Contact, Financial, and Marketing and
Communications Data) you consent to giving us about you by filling in forms on the App Site, and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, make an in-App purchase, share data via an App’s social media or sharing functions, enter a competition, promotion or survey, by consenting to post your name to th leader board when you have bagged a waterfall, and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.
- INFORMATION WE RECEIVE FROM OTHER SOURCES INCLUDING THIRD PARTIES AND PUBLICLY AVAILABLE SOURCES.We will receive personal data about you from various third parties as set out below:
- INFORMATION WE RECEIVE FROM OTHER SOURCES INCLUDING THIRD PARTIES AND PUBLICLY AVAILABLE SOURCES.We will receive personal data about you from various third parties as set out below:• Device Data from analytics providers such as Google; and• Identity and Contact Data from data brokers or aggregators.COOKIESWe use cookies and/or other tracking technologies to distinguish you from other users of the App, App Site, the distribution platform (APPSTORE) or Services Sites and to maintain a user session and prevent third parties from masquerading as you. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. We use only sessions cookies to determine when you last logged in and for how long, and authentication cookies which help us keep our App and website safe from malicious third parties. You can always exercise your choices regarding use of cookies by changing your browser preferences.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- Where you have consented before the processing.
- Where we need to perform a contract we are about to enter orhave entered with you.
- Where it is necessary for our legitimate interests (or those of athird party) and your interests and fundamental rights do notoverride those interests.
- Where we need to comply with a legal or regulatory obligation.Click here [LAWFUL BASIS] to find out more about the types of lawful basis that we will rely on to process your personal data.We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.Purposes for which we will use your personal data
| PURPOSE/ ACTIVITY | TYPE OF DATA | LAWFUL BASIS FOR PROCESSING |
| To install the App and register you as anew App user | Identity Contact | Your consent |
| To process in-App purchases and deliver Services including managing payments and collecting money owed to us | Identity ContactMarketing and Communi cationsLocation | Your consent Performance of a contract with youNecessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you including notifying you of changes to theApp or any Services | Identity Contact ProfileMarketing and Communi cations | Your consent Performance of a contract with youNecessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions |
| To enable you to participate in a prize draw, competition or complete a survey | Identity Contact ProfileMarketing and Communi cations | Your consent Performance of a contract with youNecessary for our legitimate interests (to analyse how customers use our products/Services and to develop the and grow our business) |
| To administer and protect our business and this App including troubleshooti ng,data analysis and system testing | Identity Contact | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
| To deliver content and advertisemen ts toyouTo make recommenda tions to you aboutgoods or services which may interest youTo measure and analyse the effectiveness of the advertising we serve youTo monitor trends so we can improve theApp | Identity Contact Content Profile UsageMarketing and Communi cationsLocation | ConsentNecessary for our legitimate interests (to develop our products/Services and growour business |
INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA).
DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-
party provider of payment processing services will be encrypted using Secured
Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask
you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way.
Certain Services include social networking, leader boards, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used
by other users. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
DATA RETENTION
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In the event that you do not use the App for a period of 12 months, then we will treat the account as expired and your personal data may be deleted.
YOUR LEGAL RIGHTS
Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
Please click on the links below to find out more about these rights: • Request access to your personal data
• Request correction of your personal data
• Request erasure of your personal data
• Request correction of your personal data
• Request restriction of processing of your personal data
• Request the transfer of your personal data
• Withdraw consent at any time of your personal data
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us at [email protected]
GLOSSARY
1.LAWFUL BASIS
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal
data where it is necessary for compliance with a legal obligation that we are subject to.
2.YOUR LEGAL RIGHTS
You have the right to:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and
freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s
accuracy;
where our use of the data is unlawful but you do not want us to erase it;
where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data but we need to verify whether we have overriding
legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
DESCRIPTION OF CATEGORIES OF PERSONAL DATA
- IDENTITY DATA: first and last name, date of birth.
- CONTACT DATA: email address.
- CONTENT DATA: includes information stored on your Device,including login information and downloaded maps for purposesof using the App.
- PROFILE DATA: includes your username and password,preferences, feedback and survey responses.
- USAGE DATA: includes date and time of your list login to anyof our Apps or your visits to any of Our Sites.
- MARKETING AND COMMUNICATIONS DATA: includes yourpreferences in receiving marketing from us and our third parties and your communication preferences.
• LOCATION DATA: includes your current approximate location disclosed by GPS technology or browser location on our website.
