- 1. Cuesz, THIS POLICY AND OUR PARTNERS
- 1.1. Cuesz LP (Cuesz/we/us/our) respect your privacy and are committed to protecting your personal data. This policy will tell you who we are, how and why we process your data and your rights. We take privacy very seriously and therefore hope that you take the time to read this policy.
- 1.2. Please note that this policy only applies to processing carried out by Cuesz. We may provide you with a device to use as part of your membership with us We will only work with partners who we feel are as committed as we are in protecting your personal data.
- 1.3. By using our app, you confirm that we may collect and use your personal data as set out in this policy. You may change your mind at any time by contacting us admin@cuesz.com but that will not affect the lawfulness of any processing carried out before you withdraw your consent.
- 2. Changes to this policy
- 2.1. We regularly review this policy and it was last updated on the 1st March 2022. If we need to make a change, it will be posted on this page and where appropriate, notified to you. You may be required to read and accept the changes to continue your use of the app.
- 3. Who we are
- 3.1. We are Cuesz LP. Under the EU’s GDPR and similar American state-specific data privacy legislation (such as the laws currently in place in California, Colorado and Virginia), we are considered a “controller” or covered business and are responsible for the safety of your data.
- 3.2. You can contact us by using any of the following:
- 3.2.1. Email: admin@cuesz.com
- 3.2.2. Address: 800 S. Douglas Rd, Suite 450, Coral Gables, FL 33134 US
- 3.2.3. Website: https://www.cuesz.com
- 3.3. We will try our best at all times in respect of your data, however if you do have any issues, please allow us time to try and resolve it first. If you do not feel that we have resolved it in the right way, you may make a complaint at any time to the relevant regulator for your state or country of residence.
- 4. Third party links and Disclosures
- 4.1. Our app may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (Third Party Links). Please note that these websites, apps and any services that may be accessible through them have their own privacy policies. We do not accept any responsibility or liability for these policies or for any data that may be collected through these Third Party Links. We would recommend you check these policies before you submit any data to these sites or use these services.
- 4.2. When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with some third parties such as:
- 4.2.1. Service providers who provide IT and system administration services;
- 4.2.2. Professional advisers including lawyers, bankers, auditors and insurers based in the UK, America, EEA who provide consultancy, banking, legal, insurance and accounting services;
- 4.2.3. HM Revenue and Customs, regulators and other authorities based in the UK who require reporting of processing activities in certain circumstances; and
- 4.2.4. Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. If a change happens to our business, the new owners may use your personal data in the same way as set out in this privacy policy.
- 5. The data we collect about you
- 5.1. When creating your account and while using the app, we may collect, use, store and transfer different kinds of personal data about you as follows:
- 5.1.1. First name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender (Identity Data);
- 5.1.2. Billing address, delivery address, email and telephone number(s) (Contact Data);
- 5.1.3. Bank account and payment card details (Financial Data);
- 5.1.4. Payments to and from you and details of in-app purchases (Transaction Data);
- 5.1.5. Type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the mobile phone number, mobile network information, the type of mobile browser you use, time zone setting, (Device Data);
- 5.2. Username and password, in-app purchase history, your interests, preferences, feedback and survey responses (Profile Data);
- 5.3. Details of your use of any of our app including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (Usage Data);
- 5.4. Your preferences in receiving marketing from us and our third parties and your communication preferences (Marketing and Communications Data); and
- 5.4.1. Height, weight, lifestyle and activity levels
- 5.5. We may ask about your lifestyle and evaluate your abilities to design an appropriate plan for your performance. The information we collect from you is considered to be a “Special Category” of data under HIPPA and GDPR and therefore we apply a very high level of security to ensure that your personal data is adequately protected, regardless of whether these apply to you.
- 5.6. Any other information you give us about you by filling in forms on the app, or by corresponding with us (for example, by email or chat) and any information you provide when you download or subscribe to any of our services, search for an app or service, make an in-app purchase, share data via an app's social media functions, enter a competition, promotion or survey and when you report a problem, will be collected and processed.
- 5.7. We may also use GPS technology to determine your current location. Some of our location-enabled services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by [disabling location data in your settings.
- 5.8. We may receive personal data about you from various third parties and public sources as set out below:
- 5.8.1. Device data from analytics providers such as Google based outside the UK;
- 5.8.2. Contact, financial and transaction data from providers of technical, payment and delivery services based inside OR outside the UK;
- 5.9. 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 it does not reveal your identity. For example, we may aggregate your data to calculate the percentage of users accessing a specific feature.
- 6. Cookies
- We use cookies and/or other tracking technologies to distinguish you from other users of the app, the distribution platform (Appstore) and to remember your preferences. This helps us to provide you with a good experience when you use the app and also allows us to improve the app.
- 7. How we use your personal data and legitimate purposes
- 7.1. We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- 7.1.1. Where you have given us permission before the processing.
- 7.1.2. Where we need to perform a contract we are about to enter or have entered with you.
- 7.1.3. 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.
- 7.1.4. Where we need to comply with a legal or regulatory obligation.
- 7.2.1. To install the app and register you as a new user;
- 7.7.1. To make recommendations to you about goods or services which may interest you;
- 7.7.2. To measure and analyze the effectiveness of the advertising we serve you; and
- 7.1. We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
- 8. Marketing
- 8.1. We will only send you direct marketing communications by email or text if we have your consent. You can withdraw that consent at any time by contacting us.
- 8.2. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
- 8.3. We do not “sell” your personal data to third parties.
- 9. International transfers
- 9.1. Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.
- 9.2. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by only transferring your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- 10. Data security
- 10.1. All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology OR ALTERNATIVE ENCRYPTION TECHNOLOGY. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the app, you are responsible for keeping this password confidential. Please do not share a password with anyone.
- 10.2. Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way.
- 10.3. We will collect and store personal data on your device using application data caches and browser web storage (including HTML5) OR ALTERNATIVE MECHANISMS and other technology.
- 10.4. If the app includes 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.
- 10.5. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator as soon as we are legally required to do so.
- 11. Data retention
- 11.1. By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after you cease being a customer for tax and compliance purposes.
- 11.2. In some circumstances you can ask us to delete your data,
- 11.3. In some circumstances we will anonymize 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.
- 11.4. In the event that you do not use the app for a period of 12 months then we will treat the account as expired and your personal data may be deleted.
- 12. Your legal rights
- 12.1. Under certain circumstances you have the following rights under data protection laws in relation to your personal data:
- 12.1.1. 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 processing it properly;12.1.2. Request a correction of the data that we hold about you to allow you to have any data we hold about you corrected, although we may need to verify the accuracy of the new data you provide;12.1.3. Request erasure of your personal data where there is no good reason for us continuing to process it;12.1.4. 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;12.1.5. you may object where we are processing your personal data for direct marketing purposes;12.1.6. Request restriction of processing of your personal data which enables you to ask us to suspend the processing of your personal data:
- (a) If you want us to establish the data's accuracy;
- (b) Where our use 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.
- 12.1.1. 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 processing it properly;12.1.2. Request a correction of the data that we hold about you to allow you to have any data we hold about you corrected, although we may need to verify the accuracy of the new data you provide;12.1.3. Request erasure of your personal data where there is no good reason for us continuing to process it;12.1.4. 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;12.1.5. you may object where we are processing your personal data for direct marketing purposes;12.1.6. Request restriction of processing of your personal data which enables you to ask us to suspend the processing of your personal data:
- 12.1. Under certain circumstances you have the following rights under data protection laws in relation to your personal data: