Privacy Policy

INTRODUCTION

Welcome to the Shift Active Media privacy policy.
Shift Active Media Limited (“SHIFT”) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit or use any of our websites or applications (including but not limited to http://www.shiftactivemedia.com and any other platform SHIFT may use from time to time (for example for the running of social media competitions) (collectively referred to here as the “Platforms”) (regardless of where you visit them from) and tell you about your privacy rights and how the law protects you. This policy also applies on any occasion when you share personally identifiable information with SHIFT, whether in your personal capacity or on behalf of others (including information shared with SHIFT by its clients).
Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

PURPOSE OF THIS PRIVACY POLICY
This privacy policy aims to give you information on how SHIFT collects and processes your personal data through your use of the Platforms, including any data you may provide through the Platforms, for example when you sign up to our newsletter, purchase a product or service from SHIFT (including as a client) or take part in a competition.
The Platforms are not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. Please also have a look at our Data Charter, available at https://www.playsportsnetwork.com/data-charter/. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER
SHIFT is part of the Play Sports Group of companies (incorporating the separate legal entities Play Sports Network Limited, Play Sports Group Limited and Shift Active Media Limited). This privacy notice is issued on behalf of the Play Sports Group so when we mention “SHIFT”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Play Sports Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. Shift Active Media Limited is the controller and responsible for this Platform.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights in respect of your personal information, please contact the DPO using the details set out below.

CONTACT DETAILS
Our full details are:
Full name of legal entity: Shift Active Media Limited
Title of DPO: In-house Counsel
Email address: data@shiftactivemedia.com
Postal address: 30 Monmouth Street, Bath BA1 2AP
Please contact us in the first instance before exercising your right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk): we will do our best to resolve any concerns you may have.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
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 your relationship with us. SHIFT may update this policy at any time, so please check this page regularly to ensure you are kept up–to–date. We will notify you in advance of any significant changes in these terms and conditions which affect our ongoing relationship with you in a material way.

THIRD-PARTY LINKS
This Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Platforms, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Transaction Data includes details about payments to and from you and other details of products and/or services you have purchased from us (including as a SHIFT client).
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and any third parties (if applicable) and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website 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.
We do not collect any Special Categories of Personal Data about you (which includes details about race or ethnicity, religious or philosophical beliefs, political opinions etc).

IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?
DATA WE COLLECT FROM AND ABOUT YOU
We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Profile and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • purchase our products or services;
    • sign up for an account of any type or subscribe for our services or publications;
    • request marketing or newsletters to be sent to you;
    • enter a competition, promotion or survey;
    • apply for a job;

    • give us some feedback; or
    • otherwise provide us with your contact or other personal details.

  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect data by using cookies, server logs and other similar technologies, and we may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy http://www.playsportsnetwork.com/cookie-policy/  for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Clients of SHIFT who provide us with information about individuals in order to run marketing campaigns, send press releases or other communications on their behalf (we will ask such third parties for specific confirmation that an appropriate legal justification exists for our processing of any such information, such as consent). See also the ‘Other Data you may provide’ section below.
    • Technical Data from the following parties:
  1. analytics providers such as Google based inside or outside the EU;
  2. advertising networks which may be based inside or outside the EU; and
  3. search information providers which may be based inside or outside the EU.
  • Contact and Transaction Data from providers of technical, payment and delivery services such as Paypal or Stripe, based inside the EU.
  • Identity and Contact Data from data brokers or aggregators based inside or outside the EU.
  • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

OTHER DATA YOU MAY PROVIDE

SHIFT may be provided by its clients or other third parties with details of individuals or access to the same (for example a PR list to whom industry communications are to be sent, or access to a custom audience in Facebook which has been uploaded by a client). We will always ask clients to ensure that such details have been obtained by third parties in an open, compliant way and subject to a proper legal justification, and will only use them for the purposes specified. However, should you receive any communication from SHIFT which you do not believe is relevant to you or if you do not want to receive any further communications, you can always unsubscribe by following the link in any email, or contact us directly to be removed from our database: for details of how to do so, see the ‘Marketing and Promotional material’ section below.

4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data 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 interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where you have opted in to receive communications from us, for example newsletters.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending newsletters and/or direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by Contacting us in accordance with the details above, or you can unsubscribe from any email.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey, including through a third party platform (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant Platform content and advertisements to you (including on third party platforms such as Facebook) and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for 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 use data analytics to improve our Platforms, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Platforms updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you including, where you have consented, profiling your data and matching it with data provided by you through other services you have signed up to with our group of companies as well as data from third parties. (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

MARKETING AND PROMOTIONAL MATERIAL
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Like many organisations, we may target banners and ads to you when you are on other websites and apps (including, where relevant, on behalf of clients and based on data provided by clients). We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as email and platform specific services offered by some sites and social networks, (for example Facebook’s Custom Audience service).

The banners and ads you see will be based on information we hold about you, or your previous use of our Platforms (for example, your search history whilst using one of our websites or the content you view whilst on our Platforms) or on our banners or ads you have previously clicked on.

We may also use services such as those provided by MailChimp in order to contact you directly where we have an appropriate legal justification for doing so. MailChimp and other such providers employ the use of cookies, unique identifiers, web beacons and similar tracking technologies to keep tabs on things like open rates and conversion rates. You may unsubscribe from such emails (which will include an unsubscribe link), or alternatively follow the steps in the ‘opting out’ section below.

PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us (or from a client for whom we act as marketing agency, where there is a proper legal justification for this) or where purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion or if you have opted in to receiving a newsletter from one of our Platforms and, in each case, you have agreed to receive that marketing. Please note that competitions will be subject to separate competition terms and conditions which will be supplied whenever we run a competition.

THIRD-PARTY MARKETING
We will not share your personal data with any company outside the Play Sports Group of companies for marketing purposes. Please refer to our data charter for more information.

OPTING OUT
You can ask us to stop sending you marketing or newsletter messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving such messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

COOKIES
SHIFT’s Platforms (including our websites) use a number of “cookies”, which are small text files placed on your computer with your consent, to help us understand your use of the site, to store your preferences (where expressed), and to provide services and offers that we think may better suit your needs or be of interest you. When you visit one of our Platforms, you may see a cookie banner displayed. By continuing browsing or other use of a Platform, you agree to our use of cookies, in accordance with our cookie policy, which is available at http://www.shiftactivemedia.com/cookie-policy/.
SHIFT also uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyze how Users use this site and the Platforms used by SHIFT. The information generated by the cookie about your use of the site and/or Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Site, you consent to the processing of data about you by Google in this manner and for the purposes set out above.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For full information about the cookies we use, please see http://www.shiftactivemedia.com/cookie-policy/.

Please note that third parties (including for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, which we are not responsible for and over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Accordingly, when you view and interact with our content on other platforms, including for example on Facebook, Instagram, Twitter and YouTube, those platforms may also use cookies. If you are in any doubt about the cookie policies of those platforms, we would suggest that you review them at the following links:

Facebook: https://en-gb.facebook.com/policies/cookies/;
Instagram: https://www.instagram.com/legal/cookies/;
Twitter: https://support.twitter.com/articles/20170514; and
YouTube: https://www.youtube.com/static?template=privacy_guidelines.

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.
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 the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS
Generally, we do not transfer your personal data outside the European Economic Area (EEA), and we will not do so unless this is absolutely necessary. Some of our our external third parties may be based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY
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.

8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
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.
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.
By law we may have to keep certain basic information about our customers (including Contact, Identity and Transaction Data) for six years after they cease being customers for tax or other compliance purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may 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.

9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please refer to the ‘Your Legal Rights’ section 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.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above (and are not able to do so satisfactorily through your profile settings or unsubscribe options), please contact us in accordance with the details provided under the Contact Details section.

NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, unnecessarily vague, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex, if you have made a number of requests, or if for example we need to further clarify the basis of your request or contact you for evidence of identity. In this case, we will notify you and keep you updated.

10. GLOSSARY
LAWFUL BASIS
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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES
INTERNAL THIRD PARTIES
Other companies in the Play Sports Group acting as joint controllers or processors and who are based in the United Kingdom and provide IT and other system administration services and undertake leadership reporting.

EXTERNAL THIRD PARTIES

  • Service providers, including Amazon Web Services and Google Cloud Platform, whose servers are based within the EU and who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers, generally based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • Organisations providing remarketing services (including Google, Criteo, Rocketfuel and Facebook). Using tracking cookies enables relevant ads to be served to users based on past visits to our Platforms, including our websites. You can opt out of the use of these cookies at any time by changing your settings in the relevant parties’ ad settings. For more information, please see our Cookie Policy.

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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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.

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