HIGH PERFORMANCE LIFE LIMITED PRIVACY NOTICE
Last updated: 28 March 2023
OUR PRIVACY PROMISE
Your privacy is important to HIGH PERFORMANCE LIFE LIMITED ("we", "us" and "our"). We're committed to protecting your personal data and being transparent about the personal data we hold and use.
This privacy notice is intended to be concise, transparent, and easy to understand, but we appreciate that you may have queries or want to seek clarification as to its terms. If you have any queries, please see section 14 for details on how to contact us.
We keep our Privacy Notice under regular review. We may make changes to this privacy notice from time to time, including where necessary to reflect any changes in the ways in which we process personal data or any changes to data protection laws. Any updates to this privacy notice will be posted in the App. Please check this privacy notice regularly for updates.
WHAT IS THS NOTICE AND WHO DOES IT APPLY TO?
This privacy notice (together with our App Terms of Use) applies to you ("you" and "your") and your use of the High Performance Life mobile software application (the "App") and any of the data, content and services accessible through the App ("Services").
Please read this privacy notice carefully. Among other things, it explains:
what personal data we may collect about you;
why we collect and use your personal data and the legal bases we rely on for processing it;
who we disclose your personal data to;
where we store your personal data;
how long we keep your personal data; and
your rights regarding the personal data we hold about you and/or which you provide to us.
WHO WE ARE
We are HIGH PERFORMANCE LIFE LIMITED. We are a company registered in England and Wales (company number: 14585955) with our registered office at Clareville House, 26-27 Oxendon Street, St James's, London, United Kingdom, SW1Y 4EL. We own and operate the App and associated Services which provides users with access to audio-visual content (including podcast and other audio-visual content) from high performing individuals and other related information, resources and features.
Data protection laws apply to our collection and use of personal data and HIGH PERFORMANCE LIFE LIMITED is controller of that personal data (ICO registration number: [XXX]).
If you have any queries regarding this privacy notice or the way in which we process your personal data, please take a look at our support resources at www.thehighperformancepodcast.com/app/support or contact us at the following address: High Performance Life Limited, Clareville House, 26-27 Oxendon Street, St James's, London, United Kingdom, SW1Y 4EL
CHANGES TO YOUR PERSONAL INFORMATION
It's important that the personal data we hold about you is accurate and current. Please let us know if your personal data changes or if you become aware that any personal data that we hold about you is not accurate.
WHAT PERSONAL DATA WE COLLECT
The type of personal data we process may include (as applicable) the following:
Categories of Data
Description of Data
Identity Data
Identity and contact information such as name, location of account registration, date pf birth, and other information provided by you when you register for an account within the App or access or subscribe for Services.
Contact Data
Email address and telephone number.
Technical Data
Technical data including the information obtained through the use of cookies when you use the App such as your IP address.
Product and Service Data
If you purchase a subscription to access certain Services we will process details of the subscription, payment information (such as bank account details, account number, sort code), payment amount and any information contained in a payment reference, your preferences and other transaction information provided or obtained in connection with any such subscription.
Transaction Data
Information ascertained by your interaction with us through the App, including your interests and purchase history.
Correspondence Data
Information which you provide in, or we learn about you from, any correspondence or communications with us, including details of any enquiries or requests for technical support or customer care support and any other information you provide to us.
Security Data
Username and password.
Usage Data
The parts of the App and features and Services within the App which you visit.
Marketing and Communications Data
Your marketing preferences and communication preferences and any information that you may provide to us in any reviews or feedback.
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 notice.
Information about why we process the above personal data and the lawful basis we rely on is set out in sections 6 and 7 below.
HOW WE COLLECT YOUR PERSONAL DATA
We may collect information direct from you and use, disclose and store it when:
you access, register to use, use or interact on the App;
you correspond/interact with us;
you make any enquiry or complaint;
you subscribe to any of our Services;
you request technical support or other customer care support;
you participate in competitions, surveys and questionnaires or provide us with a review or feedback; or
you provide data for other legal and regulatory purposes.
We may also automatically collect certain Technical Data (as defined in section 4 above) relating to your device and your activities on the App. We may also collect such data from third parties such as analytics providers (including Amplitude Identifier).
Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested (or fail to consent to the processing of that data, if necessary), we may not be able to perform the agreement or arrangement we have or are trying to enter into with you or such failure may limit or prevent you obtaining access to our products and services.
HOW WE USE YOUR PERSONAL DATA
We use your personal data for a number of purposes but only where we're allowed to by law.
We may process your personal data where such processing is necessary or permitted:
where you have consented before the processing;
where we need to perform a contract we are about to enter or have entered into with you (including our App Terms of Use and/or Subscription Terms);
for the purposes of the legitimate interests pursued by us or a third party. These legitimate interests include the purposes identified in the table below in section 7 but may also include other commercial interests and our internal administrative purposes. Where we rely on legitimate interests as the lawful basis for processing your personal data, we'll put in place appropriate safeguards to protect your data and to ensure that your interests or fundamental rights and freedoms are not overridden by those legitimate interests; and/or
where we need to comply with a legal or regulatory obligation.
Where we rely on consent as the lawful basis for processing your personal data, you have the right to withdraw your consent at any time and if you wish to do so, you should contact us using the contact details set out in section 14 below. Where we obtain your consent to send you marketing communications, you can unsubscribe by following the unsubscribe link within the communication. The withdrawal of consent does not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other lawful grounds.
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 biometric data). Nor do we collect any information about criminal convictions and offences (including terrorist offences and fraudulent activity).
We may process your personal data for more than one lawful ground depending on the specific purpose for which we're using your data.
We may process your personal data ourselves or in conjunction with our third-party service providers in accordance with section 8.
We'll 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 we need to use your personal data for an unrelated purpose, we'll notify you (which may be by way of update to this privacy notice) and we'll explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA
We've set out below the legal bases on which we process your personal data. We've identified what our legitimate interests are, where appropriate.
Purpose/Activity
Type of Personal Data Processed
Lawful Basis for Processing
To install the App and register you as a new App user
Identity Data
Contact Data
Technical Data
Performance of a contract with you
Our legitimate interests to operate our business and fulfil our legal and contractual obligations
To process and deliver subscriptions including to:
manage payments, fees and charges;
collect and recover money owed to us; and
issue refunds where required
Identity Data
Contact Data
Financial Data
Transactional Data
Technical Data
Marketing and Communications
Product and Service Data
Performance of a contract with you
Our legitimate interests (to manage payments and operate the App)
Consent (in some circumstances, as referred to above)
To allow users to access the App and access, if applicable, a subscription
Identity Data
Contact Data
Technical Data
Product and Service Data
Transaction Data
Security Data
Performance of a contract with you
Our legitimate interests (to operate the App)
To operate and protect the App (including troubleshooting, incident management and data breach management, data analysis, product and system testing, system maintenance, support, reporting and hosting of data) and to protect our business
Identity Data
Contact Data
Usage Data
Technical Data
Performance of a contract
Compliance with a legal obligation
Our legitimate interests to operate and improve our business, fulfil our legal and contractual obligations and for the purposes of IT security
To manage our relationship with you which includes notifying you of any changes to our terms or this privacy notice or to our products/services, apps, to respond to enquiries, messages, and requests for technical support and customer care support
Identity Data
Contact Data
Financial Data
Transactional Data
Marketing and Communications Data
Consent
Performance of a contract with you
Compliance with a legal obligation (to inform you of any changes to our terms and conditions)
Our legitimate interests to respond to enquiries, messages and requests, operate, develop and improve our business and analyse how customers use our products/Services
To manage our business including to keep financial and accounting records, carry out audits, testing, comply with our reporting requirements and other corporate governance requirements and to exercise our rights set out in agreements including recovering debts owed to us
Identity Data
Contact Data
Financial Data
Transactional Data
Correspondence Data
Usage Data
Security Data
Technical Data
Performance of a contract with you
Compliance with a legal obligation
Our legitimate interests to exercise our rights (including to recover debts), to operate our business (including internal administration and IT services, network security, to prevent fraud and in the context of a business reorganisation, sale or group restructuring exercise) and to fulfil our legal and contractual obligations
To make suggestions and recommendations to you about other products/services that may be of interest to you.
Identity Data
Contact Data
Marketing and Communications Data
Transaction Data
Usage Data
Our legitimate interests (to develop and improve our business and to inform our marketing strategy)
To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Identity Data
Contact Data
Marketing and Communications Data
Transaction Data
Usage Data
Our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
Consent (for example, in circumstances where we wish to obtain marketing data through the use of cookies (which we'll ask you to agree to), or where we wish to send you marketing emails)
To use data analytics to improve our business, the App, our products, services, marketing, customer relationships and experiences.
Identity Data
Contact Data
Marketing and Communications Data
Usage Data
Technical Data
Transaction Data
Usage Data
Our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To enable you to partake in a prize draw or competition, to leave a review or to complete a survey
Identity Data
Contact Data
Technical Data
Marketing and Communications Data
Transaction Data
Our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
Performance of a contract with you (where there are T&Cs governing the relevant prize draw, competition, review or survey)
Consent (in some circumstances, where for example we wish to send you marketing information relating to such prize draw, competition, review or survey)
HOW WE SHARE YOUR PERSONAL DATA WITH OTHERS
We won't share any of your personal data with third parties except as set out in this section or otherwise notified to you or agreed between you and us from time to time.
We may also share personal data with third party service providers who we engage to provide services which facilitate our business and we may also need to share personal data with other third parties in order to comply with our legal and regulatory obligations. Below is a list of specific third parties and other categories of third parties with whom we may share your personal data:
Google Analytics and Google Ads, operated by Google LLC, our provider of online marketing tools and other analytics, advertising and attribution partners
Payment service providers and other financial service companies;
Any third party buyer of our business or assets;
Law enforcement or a regulator;
Legal counsel and other professional advisers including accountants and auditors;
Amazon Web Services, operated by Amazon Web Services, Inc. and/or its affiliates, our hosting service provider;
Contentful, operated by [Natalie, Hannah to provide details of operator], our content hosting provider; and
Any similar or replacement third parties from time to time.
We ensure that any third party engaged by us who processes your personal data in connection with the purposes listed above has policies and procedures in place to ensure compliance with data protection laws.
For any third parties that are based, or process data, outside of the EEA or the United Kingdom, we engage such third parties in accordance with section 9 below.
We'll remain the controller responsible for the processing of your personal data even if a third party may operate as a joint controller with us. For some processing activities we may act as a processor for a third party and, in such circumstances, the third party will be responsible for providing you with the processing information required under data protection laws.
We may share your personal data with third parties where we're required to do so by law or regulation (such as in connection with an investigation of fraud or other legal enquiry) or in connection with other legal proceedings (including where we believe that your actions violate applicable laws or any agreement with us including our App Terms of Use).
In the event that our business or any part of it is sold or integrated with another business, your details may be disclosed to our advisers and those of any prospective purchaser and will be passed to the new owners of the business.
INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
From time to time it may be necessary for us to transfer your information internationally. In particular, your information may be transferred to and/or stored on the servers of third parties identified in section 8 which are based outside of the UK or the EEA.
However, we won't transfer your personal data outside of the UK or the EEA unless:
such transfer is to a country or jurisdiction which the EU Commission or the UK (as applicable) has approved as having an adequate level of protection;
appropriate safeguards are in place in accordance with data protection laws. These safeguards include the use of standard contractual clauses or binding corporate rules; or
the transfer is otherwise allowed under data protection laws (including where we have consent or the transfer is necessary for important reasons of public interest, is necessary for the establishment, exercise or defence of legal claims or is necessary for the performance of a contract with the data subject).
We'll ensure that where your personal data is transferred outside of the UK or the EEA, it is afforded on essentially equivalent level of protection as would be afforded to it within the EEA or UK.
HOW WE STORE YOUR PERSONAL DATA
As a minimum, we need to store your personal data for as long as is necessary to enable us to fulfil the purpose for which it is processed, including to fulfil our legal and regulatory obligations (e.g. relating to record keeping) and to exercise or defend any legal claims.
For as long as we do store your data, we follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. All information you provide to us is stored on Amazon's web servers.
It is important that you keep secure and confidential any login credentials that you have for the App. You are responsible for maintaining the security and confidentiality of such login credentials. You should notify us immediately if you become aware that the security or confidentiality of your login credentials is compromised.
We'll notify you without undue delay in accordance with the requirements of data protection laws, if we have reason to believe that there has been a personal data breach by us which could adversely affect your rights and freedoms and we're required by law to notify you.
We maintain and implement a data retention policy and will delete personal data in accordance with this. We will delete personal dates on the earlier of the date when you delete your account or after five (5) years or inactivity.
YOUR LEGAL RIGHTS
Subject to any conditions and requirements set out in data protection laws, you may have some, or all, of the following rights in relation to the personal data we hold about you:
the right to request a copy of your personal data held by us;
the right to correct any inaccurate or incomplete personal data held by us;
the right to request that we erase personal data we hold about you. You can delete your account within the App settings;
the right to request that we restrict the processing of your data;
the right to have your personal data transferred to another organisation;
the right to object to certain types of processing of your personal data by us; and
the right to complain (please see section 14 of this privacy notice).
PLEASE NOTE that these rights are not absolute in all situations and may be subject to conditions and provisions set out in data protection laws. We cannot, therefore, guarantee that we'll be able to honour any request from you in connection with the rights set out above. (For example, even if you request that we delete your personal data, we may be required by law to retain some personal data for accounting and record keeping purposes or in order that we comply with our legal and regulatory obligations).
For further information, or to exercise any particular right, please see section 14 for details of how to contact us.
LINKS TO THIRD PARTIES
The App may link or redirect to other websites, social media accounts or other content which is not under our control. Unless otherwise stated, such links or redirections are not endorsements of such websites or representation of our affiliation with them in any way and such third party websites are outside the scope of this privacy notice.
If you access such third party websites or platforms, please ensure that you're satisfied with their respective privacy policies before you provide them with any personal data. We cannot be held responsible for the activities, privacy policies or levels of privacy compliance of any website or platform operated by any third party.
COOKIES
We use cookies and other tracking technology to distinguish you from other users on the App and to remember your preferences. This helps us to provide you with a good experience when you use the App and allows us to improve the App. For detailed information on the Cookies we use, the purpose for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.
QUESTIONS AND COMPLAINTS
Please contact us at:
Email: hannah@jakehumphreyofficial.com
Address: Clareville House, 26-27 Oxendon Street, St James's, London, United Kingdom, SW1Y 4EL
You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the UK is the Information Commissioner's Office (ICO) (www.ico.org.uk).