Orreco Limited (“Orreco”) is a private company limited by shares incorporated in Ireland with company number 478047 and having a registered office at Unit 103, Research and Innovation Centre, NUI Galway, Newcastle Road, Galway (“we”/ “us”). We provide sports analytics, tools, applications and products to generate customised indicators of injury, optimise training, recovery and nutrition strategies for athletes (the “Services”).
We respect your right to privacy and take seriously our responsibilities in relation to the processing of personal data. We do not collect or process personal data unnecessarily.
Under this Policy, and unless we have entered into a different agreement with you, we will be what’s known under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) as the “controller” of the personal data you provide to us. Subscribers to the Apps will normally enter into a different agreement in relation to their use of the Apps and in this case we would act as processor and the user or coach would be the controller.
THE INFORMATION WE COLLECT
We will collect and process the following data about you for the following purposes:
Information you give us.
Your Data. This is information about you that you give us by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use our Site, or the Services, or report a problem with our Site.
The information you give us may include:
• Activity Data: your calories in/out, sleep, workouts, steps or distance covered, floors climbed and intensity of exercise.
• Identity Data: your full name, address, e-mail address, phone number, age, title, personal description and Facebook and Twitter IDs.
• Financial Data: your financial, including bank account details, credit and debit card details, billing contact email address and VAT number.
• Health Data: your heart rate, height and weight, details of your menstrual cycle (including dates and symptoms), blood analysis and reports.
Information we collect about you.
Automatically Collected Information. With regard to each of your visits to our Site and use of our Apps, we will automatically collect the following information:
• Interaction Data: information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Site (including date and time) and the Apps, products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and interact with the Apps, and any phone number used to call us.
• Technical Data: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, how often you use the application and other performance data; and
Information we receive about you from other sources.
• Lab Data: results of laboratory testing, biomarkers and blood analysis, test results and reports (including data concerning health) from external laboratories or other clinics you may choose to visit to conduct these tests for the purposes of signing up to or using the Services and/or the Apps.
Special categories of personal data.
Special categories of personal data are more sensitive and relate to a person’s ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data for the purpose of uniquely identifying a natural person and data concerning your mental or physical health.
Special categories of data, including Health Data, may be collected by us as part of the Services. You may submit special categories of personal data to us through our Site or the Apps. We have additional measures in place to safeguard your special categories of personal data, and we will only disclose this this data to your coaches, team or advisors with your explicit consent.
WHAT WE DO WITH YOUR INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
We have set out below, in table format, a description of the ways we plan to use your personal data and the legal basis we rely only to do so. We have also identified our legitimate interests where appropriate:
Change of purpose
We will 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with this Policy, where this is required or permitted by law.
How long we keep your information.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. This means that the period of time for which we store your personal data may depend on the type of data we hold. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, we may hold personal data as needed for our accounting or tax compliance purposes for a period of 6 years. For more information about our data retention policies please contact us at email@example.com.
DISCLOSURE OF YOUR INFORMATION
We do not sell your personal information to third parties for marketing purposes. We may disclose information to third parties if you consent to us doing so as well as in the following circumstances:
You agree that we have the right to share your personal information with the following recipients or categories of recipients:
• Any department or authorised person within our company or any member company within our group, which means any subsidiary or holding company within the meaning of sections 7 and 8 of the Companies Act 2014.
• Selected third parties including:
• business partners, suppliers and sub-contractors, including authorised coaches, for the performance of any contract we enter into with them or you in relation to the Services; and
• analytics and search engine providers that assist us in the improvement and optimisation of our Site.
We will disclose your personal information to third party recipients:
• in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of our business or assets;
• if all or substantially all of our business or assets are acquired by or transferred to a third party whether in the event of a merger, reorganisation, transfer of undertakings, receivership, liquidation or other winding up or any other similar circumstances, in which case personal data held by us will be one of the transferred assets;
• if we are under a duty to disclose or share your personal data in order to comply with any law, legal obligation or court order, or in order to enforce rights under the GDPR or any other applicable laws, regulations or agreements;
• to protect our rights, property or safety and of our customers, or others. This includes exchanging information with other companies and organisations for the maintenance and security of the Site and Services.
Personal Data may be transferred to our trusted partners and service providers who maintain their servers outside of the European Economic Area (“EEA”), where the privacy and data protection laws may not be as protective as those in your jurisdiction. This is only for the purposes of providing, and to the extent necessary to provide, the Services to you. There are special requirements set out under Chapter V of the GDPR (with which we would comply) to regulate such data transfers and ensure that adequate security measures are in place to safeguard and maintain the integrity of your personal data on transfer.
For more information about this and the safeguards in place relating to the transfer, please contact us by email at firstname.lastname@example.org.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
YOUR PERSONAL DATA AND YOUR RIGHTS
Accessing your Personal Data.
You may request access at any time to a copy of the personal data we hold about you. Any such request should be submitted to us in writing and sent to email@example.com. We will need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the personal data requested.
There is usually no charge applied to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.
Right of Restriction.
You may restrict us from processing your personal data in any of the following circumstances:
• you have contested the accuracy of the personal data we hold on record in relation to you or for a period of time to enable us to verify the accuracy of the personal data;
• the processing of your personal data is unlawful and you request the restriction of use of the personal data instead of its erasure;
• we no longer require your personal data for the purpose of processing but you require this data for the establishment, exercise or defence of legal claims; or
• where you have contested the processing (under Article 21(1) of the GDPR) pending the verification of our legitimate grounds.
Corrections or Erasure (Right to Rectification and Right to Be Forgotten).
If we hold personal data concerning you which are no longer necessary for the purposes for which they were collected or if you withdraw consent for us to process your personal data, you can request the deletion of this personal data. This right, however, will not apply where we are required to process personal data in order to comply with a legal obligation or where the processing of this information is carried out for reasons of public interest in the area of public health. If the personal information we hold about you is inaccurate, you may request to have your personal information updated and corrected. To do so at any time, please contact us by email at firstname.lastname@example.org.
Your Right to Object.
You have the right to object to the processing of your personal data at any time:
• for direct marketing purposes
• for profiling to the extent it relates to direct marketing
• where we process your personal data for the purposes of legitimate interests pursued by us, except where we can demonstrate compelling legitimate grounds for this processing which would override your interests, rights and freedoms or in connection with the enforcement or defence of a legal claim.
To exercise your right to object at any time, please email email@example.com.
Should this occur, we will no longer process your personal data for these purposes unless doing so is justified by a compelling legitimate ground as described above. For more information about our marketing practices, please see the Marketing Communications section below.
Where we process your personal data by automated means (i.e., not on paper) and this processing is based on your consent or required for the performance of a contract between us, you have the right to request from us a copy of your personal data in a structured, commonly used machine-readable format and, where technically feasible, to request that we transmit your personal data in this format to another controller.
Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. This could relate to a person’s performance at work, economic situation, health, personal preferences, reliability, behaviour, location or movements. An example of this would be where a bank uses an automated credit scoring system to assess and reject a loan application.
You have the right to be informed if your personal data will be subject to automated decision making, including profiling. You also have the right not to be subject to a decision based solely on automated process, including profiling, where that decision impacts on your legal rights. There are some exceptions to this rule, where, for example, the decision is necessary in connection with the performance of a contract between us, is authorised by law or where you have given your explicit consent to this automated processing.
The rights described in this section are personal rights and are exercisable only by the individual person (or data subject) concerned.
We will not use your data to send marketing communications to you about promotions, competitions, updates and new products or services that may be of interest to you, unless we have your permission to do so.
Your right to object.
You have the right to object to the processing of your personal data for our marketing purposes. To object or if you change your mind at any later time, you can withdraw your consent to the processing of your personal data for such marketing purposes by contacting us at firstname.lastname@example.org You may also opt out of receiving marketing communications at any time by selecting the unsubscribe option when you receive an electronic marketing communication from us. The withdrawal of your consent will not impact upon the lawfulness of processing based on your consent prior to the withdrawal.
THIRD PARTY MATERIAL
CHANGES TO THIS POLICY
Any changes made to this Policy from time to time will be published at the Site.
Any material or other change to the data processing operations described in this Policy which is relevant to or impacts on you or your personal data, will be notified to you in advance by email. In this way, you will have an opportunity to consider the nature and impact of the change and exercise your rights under the GDPR in relation to that change (e.g., to withdraw consent or to object to the processing) as you see fit.
QUESTIONS OR COMPLAINTS.
Contact Us. If you have any questions or complaints relating to this Policy, please contact us at:
Supervisory Authority. We are committed to complying with the terms of the GDPR and to the processing of personal data in a fair, lawful and transparent manner. If, however, you believe that we have not complied with our obligations under the GDPR, you have the right to lodge a complaint with the Data Protection Commission in Ireland.
Effective Date of this Policy: May 2018