We, Langley Resources Limited (“PepTalk” or “we” “our” or “us”) with our registered office address at Block 1, Ground Floor, Millbank Business Park, Lower Lucan Road, Lucan, Co. Dublin are fully committed to respecting your privacy and to protecting any information you provide to us. We treat both privacy and security as a priority and make every effort to ensure that all the information provided by you is protected. This Privacy Statement (the "Statement") exists to respect and protect the privacy of all users of the App and is intended to inform you about the way that we treat your personal data.
1. Scope of Statement
(a)The PepTalk software application (the “) made available to you by your employer once you have downloaded or installed a copy of the App (the “).
This Statement sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the EU General Data Protection Regulation (the "GDPR"), the controller of any personal data collected from you in connection with your use of the App or the Services is Langley Resources Limited of Block 1, Ground Floor, Millbank Business Park, Lower Lucan Road, Lucan, Co. Dublin, trading as PepTalk.
2. Your Personal Data Collected and Processed
IMPORTANT: Please note that the below list of personal data we may collect about you, while intended to be as complete and accurate as reasonably possible, is not exhaustive and may be updated from time to time in accordance with Section 12 of this Statement.
We collect and process the following personal data about you:
Information you give us
- You provide us with information when you register to use the App, download or install the App, subscribe to any of our Services, share data via an App's social media functions, enter a competition, promotion or survey and when you report a problem with the App and/or the Services.
- You may also give us information about yourself by filling in forms, completing the 'PepCheck' questionnaire on the App, by corresponding with us (for example, by e-mail or through the App's 'Chat to Pep' feature).
- The information you provide to us may include but is not limited to your name, address, e-mail address, phone number, age, date of birth, username, password and other registration information, financial and credit card information, personal description, photograph, height, weight, level of hydration and gender.
- You also provide us with your personal information when you share images and videos with us through the App's 'Pep's Pics' feature or comment on images of yourself or others.
- Where you provide information about other individuals, including uploading images, (e.g. your colleagues or team mates), you agree that you are responsible for ensuring that such individuals know their personal information will be used by us in accordance with this Statement and have no objection to such use.
- You also give us other information that is health information. We go into more detail on this below as a special category of personal data.
- Technical information including but not limited to the type of device you use, a unique device identifier (for example, network information, your operating system, time zone setting and device locale).
- Information stored on your device, which includes login information, check-ins, Google Fit or Health Kit information regarding steps taken and/or any other digital content
- Details of your use of the App including, but not limited to weblogs and/or other communication data and the resources that you access. Data related to error logs and crash recovery logs. The times at which you accessed the app and the amount of time your spent on different pages of the app.
Other Integrated Service Information
- Information made publicly available by you on Twitter should you integrate your account or make this information available via third party apps.
- Details of your location data to determine your current location.
Information we receive from other sources
- We work with third parties (including, for example, your employers, our business partners, communications service providers, advertising networks and analytics providers) and may receive certain information from them about you that they choose to disclose with us. This information may include your name, email, address, device information, work department and location.
We may collect the following special categories of personal data about you (should you choose to provide us with this information). We only collect this information from you where you consent to the processing of your personal data for the purposes set out in Section 3 of this Statement:
Special Categories of Personal Data
Although PepTalk does not provide App users with medical advice, diagnosis or treatment, we may collect the following health data from you in connection with your use of the App and the Services:
- Information regarding your mental, physical, emotional and nutritional health or wellbeing.
We collect this information in different ways. Some of the main ways we do this are:
- Through your answers to the PepCheck questionnaire (physical, emotional and nutritional health data).
- From step data provided to us by Google Fit or Health Kit (physical health data).
- When you answer surveys or feedback forms about your use of the App or the Services.
As we continue to build new features into the App it may increase our ability to gather this information. You may also choose to share health information with us through the App's 'Chat to Pep' feature or by email.
3. Legal Bases and Purposes
We use information held about you on the following lawful bases and for the following purposes:
Legal Basis: Necessary for the Performance of a Contract
- To create your personal profile and your wellbeing profile on the App
- To allow your activity on the App, including step tracking, social sharing and learning achievements, to contribute towards earning points and to allow you to participate in teams and games
- To allow you to use and view the social sharing functions on the App
- To facilitate your use of the App’s learning and content access features (Academy and PepRally).
- To help you efficiently access your information after you sign in
- To remember information so you will not have to re-enter it the next time you use the App
- To facilitate the provision of App support, pop-up notifications and other services. To improve the features and functionality of the App
If you do not wish to provide us with your personal data for these purposes, we will not be able to enter into or perform our contract with you and you will not be able to use the App or the Services.
Legal Basis: Legitimate Interests
It is in our legitimate interests to collect and process the personal data for the following purposes:
- To offer customised content or showing advertisements that you may like
- To protect the rights, property or safety of PepTalk, other Users, our customers, or others (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction)
- To provide, improve, test and monitor the effectiveness and stability of the App
- To monitor metrics such as total number of visitors, traffic and demographic patterns
- To establish, investigate, exercise or defend a legal claim to which you are a party
- To comply with our Subscription Agreement with your employer and provide aggregate information to your employer about your organisations’ use of the App
You have the right to object at any time to the processing of your personal data carried out on this basis.
When we process your personal data based on our legitimate interests, we make sure to consider and balance any potential impact on you and your data protection rights. We will not process your personal data for
activities where our interests are overridden by the impact on you.
Legal Basis: Consent
We collect and process your health data after obtaining your consent to do so for the purposes set out below:
- To create your personal profile and your wellbeing profile (via PepCheck) on the App
- To allow your physical activity (step tracking) to contribute towards earning points and to allow you to participate in teams and competitions
- To improve the features and functionality of the App
- To provide aggregate information to your employer about your organisations’ use of the app (see more on this in section 7 below)
You may withdraw consent for us to process your personal data listed below at any time, however please note that any processing carried out before you withdraw your consent will remain valid.
Legal Basis: To Comply With a Legal Obligation
We may process your personal data as necessary in order for us to comply with obligations imposed on us by applicable Irish and European Union laws.
4. Disclosure of Your Information to Third Parties
We may disclose some or all of the data we collect from you when you download or use the App to the following third-party recipients:
- Service Providers: Service providers who may use this information to assist with the provision and improvement of the Services
- Consultants: PepTalk-appointed consultants, dieticians and researchers who may use this aggregated information to improve the Services.
- Advertisers: We may provide advertisers with anonymous(not individual) aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We do not disclose information about identifiable individuals to our advertisers.
- Integrated Services: We may receive, use and share certain information including information made publically available on or through your account of other integrated services (e.g. Facebook, Instagram, Twitter etc.). Any information which you provide to other integrated services will be processed in accordance with that service’s privacy statement.
- PepTalk Group: We may disclose your personal information to other members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
- Buyers and Sellers of Business Assets: If PepTalk or substantially all of its assets are acquired by a third party, personal data held by it about its customers will be one of the transferred assets.
- Law Enforcement Agencies: We may disclose your information if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
5. Disclosure of Your Information to Your Employer/Colleagues :
Information we will share with your employer:
We will disclose the following information to your employer
- Name, email, date of first and last login.
- Your individual step count and/or points details (if you are in the top ten at any given time).
- position at any point in time. To the Details of what team you are on, team score, points or leaderboard, extent your employer is also an App user, this information (including your results) will be shared with them when we send occasional newsletters to App users.
- Aggregated information including your App log in and engagement information, PepCheck results, step count and points totals, PepRally (blog) access information, social sharing activity, Academy activity and other activity that allows your employer to know which features of the App are being used by the organisation
- Your employer may ask us to enquire into your use of the App, for example, where unusual points are scored or when you approach your employer with a question on your use of the App. When this occurs we may investigate your use of the App but we will not (as far as possible) reveal the results of this investigation to your employer, only the fact that we have investigated your use of the App and have contacted you as part of that investigation. Where our investigation reveals an issue with the App, the technology behind the App or with your device, we may share this information with your employer.
- Please note that your colleagues, including those to whom we provide the information above as a representative of your employer, may also access the App and obtain certain information additional to the above through their own use of the App. For further details see the 'Colleagues' section below.
Information we will not share with your employer:
We do not disclose any individual information regarding your PepCheck answers, step tracking or point results (except as outlined above) or individual report card, with your employer.
Information we will share with your colleagues:
We may share personal data we collect from you (e.g. step and points results, team details, leaderboard position and number of points) with your teammates and other members of your organisation outside your team. These disclosures may take place when we issue report cards and when we send occasional newsletters to App users within your organisation (note-to the extent your employer is also an App user, they will also receive these newsletters).
Information we will not share with your colleagues:
We do not disclose any individual information regarding your PepCheck answers to your colleagues.
6. Links to Third-Party Websites
The App may contain links to and from the websites of our partner networks, advertisers and service providers (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy statements and that we do not accept any responsibility or liability for these statements 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.
7. Our Use of Statistical Information
We log certain information concerning your use of the App. This information includes physical activity (step count and activity choices), gender, age, weight, height and employment industry of App users in addition to other activities connected with the use the App. This information is logged for the purpose of providing the App and our Services. We may then aggregate and anonymise this information.
From the anonymised information we collect, we are able to compile statistics in the form of percentages and/or figures relating to users’ interaction with the App. As a service, we may supply certain anonymised statistical information to your employers, other employers, service providers, PepTalk-appointed consultants, dieticians and researchers in order to help them understand the likes and dislikes of App users and the health and wellbeing status of App Users.
8. Storing and Transfers of Your Personal Data
The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff or contractors operating outside the EEA who work for us or for one of our suppliers.
We only transfer your personal data outside the EEA where the EU Commission has decided that the third country in question ensures an adequate level of protection in line with EU data protection standards OR there are appropriate safeguards in place to protect your personal data. If you would like to find out more about the appropriate safeguards that we have in place to govern the transfer of your personal data you can contact us at firstname.lastname@example.org
All information you provide to us is stored on our secure servers or the servers of our service providers, contractors or suppliers. Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of it, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Certain services may include social networking, 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.
9. How Long We Keep Your Personal Data For
We will keep your personal data for as long as you use the App and for a period of up to 7.5 years after you delete your PepTalk account.
Please note that in certain circumstances, we may hold your personal data for a longer period, for example, if we are processing an ongoing claim or believe in good faith that the law or a relevant regulator may reasonably in our view expect or require us to preserve your data.
10. Your Rights & How to Exercise Them
You have a number of rights in relation to your personal data which are set out in this Section 10. In particular, these rights include the right to object to processing of your personal data where that processing is carried out for our legitimate interests. Note that in certain circumstances, these rights might not be absolute.
Right to be Informed
You have the right to know whether your personal data is being processed by us, how we use your personal data and your rights in relation to your personal data.
Right of Access
- You have the right to request a copy of the personal data held by us about you.
- We will only charge you for making such an access request where we feel your request is unjustified or excessive.
You may also access your personal data by logging into the App and viewing your profile section on the App.
Right to Rectification
- You have the right to request that we amend any inaccurate personal data that we have about you.
Right to Erasure
- You have the right to ask us to erase your personal data where:
- it is no longer necessary to perform the contract
- you withdraw your consent and there is no other legal basis permitting us to process your personal data
- you object to the processing and we have no overriding legitimate grounds
- your personal data have been unlawfully processed; or
- it must be erased to comply with a legal obligation.
Please note that some of your personal data may be required in order for the App to function properly.
Right to Restriction of Processing
- You have the right to ask us to restrict processing your personal data in the following situations:
- where you contest the accuracy of your personal data
- where the processing is unlawful and you do not want us to delete your personal data
- where we no longer need your personal data for the purposes of processing but you require the data in relation to a legal claim
- where you have objected to us processing your personal data pending the verification as to whether or not our legitimate interests override your interests or in connection with legal proceedings.
- When you exercise this right we may only store your personal data.
- We may not further process the data unless you consent or the processing is necessary in relation to a legal claim or to protect the rights of another person or legal person or for reasons of important public interest.
- Please note that it be may necessary for us to process some of your personal data in order to provide the App and in certain instances where you ask us not to process your personal data you may not be able to use the App.
We will inform you before the processing restriction is lifted.
Right to Data Portability
- You may request us to provide you with your personal data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your personal data directly to another data controller where this is technically feasible.
- This right only arises where:
- we process your personal data on the legal bases of your consent or where it is necessary to perform our contract with you; and
- the processing is carried out by automated means.
Right to Object
You have a right to object at any time to the processing of your personal data where we process your personal data on the legal basis of pursuing our legitimate interests.
Right to Object to Automated Decision-Marking, including Profiling
- You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
We may not be able to comply with this request where the processing is necessary to enter or perform our contract with you or where you explicitly consent to this. However, you are entitled to have a person from our team to review the decision so that you can query it and set out your point of view to us.
You can exercise any of these rights by submitting a request in writing to email@example.com.
You also have the right to lodge a complaint with the Data Protection Commission with regards to the processing of your personal data by us. For further information see www.dataprotection.ie.
11. Age Restriction
Individuals under the age of 18 are not eligible to use the App and must not attempt to register with PepTalk and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 18 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 18, we will delete this information as soon as reasonably possible. If you have reason to believe that this has occurred, please contact us at firstname.lastname@example.org.
12. Changes To the Privacy Statement
Any material changes we may make to the Statement in the future will be notified to you by e-mail or pop-up notification when you next start the App. The new Statement may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.
13. Questions Regarding This Statement
Questions, comments and requests regarding this Statement are welcomed and should be addressed to Block 1, Ground Floor, Millbank Business Park, Lower Lucan Road, Lucan, Co. Dublin OR email@example.com