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Percko Privacy Policy

18 September 2018

We appreciate the trust you have placed in our company by sharing data which is important to you and want to be transparent with the way in which we use that information.

Here is the privacy policy for our machines, applications, software, internet sites, APIs, products and services [SERVICES]. This will detail what data we gather, how we use it, the control that we have over it and what procedures we have in place to safeguard its security.

It includes:

  • The data that we collect
  • How we use that data
  • How that data is shared
  • Your rights to access and control that information
  • Data storage
  • Services that analyze information and ads provided by 3rd parties
  • Our child protection policy
  • Information security
  • International operations and information transfer
  • Modifications of this policy
  • Who we are and how to contact us

THE INFORMATION THAT WE COLLECT

When you use our Services we collect the following information:

INFORMATION THAT YOU PROVIDE:

  • ACCOUNT DETAILS

Some data is necessary to create an account to use our Services such as your email address, password, first and last name, postal address, telephone number, date of birth, gender, size, weight and fitness level. This is information you must provide to create an account with us.

  • SUPPLEMENTARY INFORMATION

If you contact us or if you complete a survey, or enter a competition or promotion, we collect your name, your contact details and your message.

  • CREDIT CARD PAYMENT

If you buy a Percko product on our internet site, you will provide payment details which include your name, credit card number, expiration date, the CVV code and billing address. We do not collect or store this information. We collect and store your delivery address of the order. Please note that 3rd party payment services may collect this information and you should consult their terms of service for more details.

  • COACHING

Our coaching service that is available inside the application allows you to get recommended exercise based on the posture information provided by the application as well as your personal information.

If you use our coaching program, we collect information that you save during the coaching sessions. At the end of the exercises, the coach will ask you questions and the answers to those questions are then used to provide subsequent exercises. This information is only used to provide you with a more personalized solution.

  • INFORMATION WE RECEIVE FROM THE APPLICATION

Your device receives information to estimate certain parameters such as your posture position, your periods of inactivity, harmful body movements or exercises that you perform. When your device synchs with our app or software the recorded information is transferred from your app to our servers

  • INFORMATION OF USE

When you access our services or use them, we receive information. This includes information about your interactions with the Services. For example, when you read or look up content, when you install our app, when you create and account or when you connect or synch your WAVII device to the application.

We gather information about the type of device or computer that you are using to access our Services, including the IP address, browser, language, operating system and information about the WAVII device, pages visited, localization and information about the cookies.

  • INFORMATION THAT WE RECEIVE FROM 3rd PARTIES

We work in partnership with 3rd parties such as insurance companies who offer WAVII’s services to their employees and clients. In this instance said companies may supply your name, your electronic address or other such information (telephone number or user ID) so that we can evaluate whether you are eligible for certain rewards, such as reductions or free services.

  • HEALTH AND OTHER PERSONAL INFORMATION

If the information we collect is health related or covered by the European GDPR law we will ask for your specific consent. We will ask for this consent separately when you conduct certain actions which give us access to that information, for example, when you connect your device to your account, or when you give us access to information related to your exercises. You can use the settings in your account to remove your consent at any time.

  • HOW WE USE INFORMATION

We use information in the following ways

  • TO IMPROVE OUR SERVICES

By using the information that we receive we are able to provide our Services and to fulfill the terms of use in the contract we provide to you. For example, we use the information to complete the WAVII dashboard which allows us to follow your posture, your inactivity, your exercises and customer service. Also, we use information related to the type of device you are using to catch bugs and fix them

  • IMPROVE, PERSONALIZE AND DEVELOP SERVICES

We use the information that we receive to improve the Services and develop new ones. For example, we use this information to fix errors and protect you against errors; analyze data and tests; improve the quality of our services; conduct research and surveys to create new Services

We also use your information to show you relevant content. Here are some examples:

  • Information such as your height, weight, gender and age allows us to improve the quality of the daily statistics related to your posture and activity
  • We personalize the exercises based on feedback that you give the coach

COMMUNICATING WITH US

We use your information when it is necessary to send you notifications related to our Services and to respond when you contact us. We also use information to inform you of new functionality or new products that we think might be of interest. You can control the notifications relative to our Services and newsletter in the preferences of your application or via the link “Unsubscribe” in one of the emails you receive.

PEACE OF MIND AND SECURITY

We use information that we receive to promote serenity and security of our Services, of our users and 3rd parties. For example, we may use information to authenticate the users, make secure online payments, protect them from fraud and abuse, respond to legal requests or a complaint, audit the account, and to apply our conditions of sale.

We use cookies and other similar technologies to allow the above.

Our site uses cookies. This is a small text file recorded on your hard disk. We save this data to optimize our offerings.

Cookies used on the site allow us to offer the following services:

Fast loading of images on the site, save to cart, authentication, identifying a client who is connecting to their account etc…

The website also uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Most cookies are designed to make use and navigation easier and are necessary for our online shop. The use of cookies, either our own or 3rd parties, which is not necessary to use the site, requires your express permission.   

When you arrive on the site, we will ask for your permission to drop certain cookies on your terminal (for example, cookies related to ads, cookies that measure audiences, social media cookies) via a pop up on our welcome page.

You can agree or disagree to the use of cookies. Each user differs in how they manage cookies. For more details please consult the terms of use of your browser.

Refusing to accept the use of cookies may impact the functionality of our website.

As for personal data which is protected by the GDPR laws , we use various legal notices to handle that data. When you give permission, which you can withdraw at any moment in the parameters of your account, and when the use of your data is necessary to honor the contract which binds us, such as the Conditions of service, and when our legitimate interests, such as improvement, personalization and development of our Services, new functionality or new products that might be of interest, as well as protecting your security as outlined below.

HOW INFORMATION IS SHARED

We do not share your personal information except in certain limited cases as outlined above.

WHEN YOU ACCEPT OR YOU ASK US TO SHARE YOUR INFORMATION

You authorize us to share your information with other people, for example, with a 3rd party application when you give access to your account or with your employer when you decide to participate in a wellness program within your company.  Please be aware that the way in which those 3rd parties use your information is governed by their own terms of services and privacy policy. You can withdraw your authorization in the parameters of your account on the PERCKO internet site.

EXTERNAL USE

We transfer information to companies we are affiliated it, to our vendors and other partners who use information on our behalf and under our direction. These partners provide us with worldwide services, specifically with regard to customer assistance, information technology, payments, sales, marketing, data analytics, research and surveys.

KLARNA

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

LEGAL PROCEEDINGS

We may conserve or share information about you to comply with a law, regulation or legal proceedings or if asked by a public authority or to defend ourselves against damage claims or to detect any illegal activities, fraud, abuse, breach of terms and conditions.  

Our policy is to inform you about any legal proceedings that want access to your information, such as a warrant, or judicial decision unless the law otherwise prevents us from so doing. In the event where a judicial decision specifies a period of confidentiality we will send a notification once the period is up. Any exceptions from this policy include emergency situations, such as where someone’s life is in danger or a danger of physical harm.

We may share anonymous non-personal information as long as the person cannot be reasonably identified. We may share this information publicly or to 3rd parties, for example in scientific studies, or white papers, or to partners who are under contract with us.

If we are involved in a merger or acquisition or sale we will continue to take steps to ensure the confidential nature of your personal information and we will notify any users who are affected before the transfer of all personal information to a new entity.

ACCESS AND CONTROL OR YOUR PERSONAL INFORMATION

The settings in your account give you access to your personal information and the ability to control it, as described below, irrespective of where you live. If you live in the European economic union, the UK or Switzerland (the “Designated Countries”) you have certain legal rights in respect to your information, rights which you can exert in the settings of your account.

You are legally allowed to obtain for free your personal information which is stored with us and ask for any corrections, limits or deletion.

You have the following rights:

Article 15 of the GDPR gives you rights to access your personal information.

Article 16 of the GDPR gives you a right to rectify, within a reasonable period of time, any errors in your personal information.

You have the right to ask for this data to be completed.

Article 17 of GDPR gives you the right to delete personal information unless:

  • There is a legal notice
  • It is in the public interest
  • To build a legal defense

Article 18 of the GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances. This means that an individual can limit the way that an organisation uses their data. This is an alternative to requesting the erasure of their data.

Article 21 of the GDPR gives individuals the right to object to the processing of their personal data at any time. This effectively allows individuals to stop or prevent you from processing their personal data.

An objection may be in relation to all of the personal data you hold about an individual or only to certain information. It may also only relate to a particular purpose you are processing the data for.

Article 77 of the GDPR gives you the right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority.

In particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

In the account setting of your account you can change of modify or delete your personal data. For example, you can change or delete data that you have provided to create your profile and delete your account. If you choose to delete your account your data will be deleted within 30 days, full deletion may take up to 90 days.  

If you need any further help regarding your rights please contact us via email: [email protected] and we will investigate your request.

STORING YOUR DATA

We store data from your account, such as your name, email address and password, as long as your account exists because we need it to ensure your account works properly.

We store other data such as the exercises that your perform until such times as you use the settings in your account to delete them because we use them to provide you with personalized statistics. We also store information about you and how you use the Services as long as is necessary for the legitimate use of our company or for justified legal reasons as described in the section How we use your data and How your data is shared.

ANALYSIS AND ADS PROVIDED BY THIRD PARTIES

We work with partners, such as Rakuten Marketing, who provide us with analytical services and ads. This includes helping us understand how users interact with the Services, to share adverts about us on the internet and to measure the performance of those ads. These companies may use cookies or other such technologies to gather information related to interactions of the Services and other internet sites or apps.

COOKIE PREFERENCES

Please visit: http://optout.networkadvertising.org opt-out page where you can learn more about NAI members who deliver tailored online ads and your choices to opt-out of receiving them.

DATA SECURITY

We work hard to protect your data. We use a combination of administrative and physical measures to maintain the security of your data. This includes us a Transport Security Layer (TSL) to encrypt a number of our Services. That said, no transport method or storage method is completely secure. If you have an issue related to security pleasure contact our customer service team.

INTERNATIONAL AND SHARING DATA

We operate on an international level and we transfer data to the USA and other counties as described in our policy statements. We refer to a variety of legal jurisdictions to legally transfer data around the world. Included in those is your agreement, the privacy protections between Europe and the USA, and between Switzerland the USA as well as various amendments approved by the European commission. PERCKO respects the principles of protection of private life, saving personal data.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

If you have any questions about this please contact us.

CHANGE TO THIS POLICY

Before making important changes to this policy we will give you the possibility of consulting the new policy before deciding if you wish to continue using our Services.

WHO WE ARE AND HOW TO CONTACT US

If you have any questions, suggestions or concerns about how we use your data please contact us via e-mail at [email protected].

PERCKO is the company that controls the data that you provide to the Services. If you wish to exercise your statutory rights please contact our data protection office via email at [email protected]. You may also send a letter to Percko, 178 rue du Faubourg Saint-Denis, 75010, Paris.