Privacy Policy

INTRODUCTION

Welcome to Examfit Limited’s privacy notice.

Examfit Limited respects your privacy and is committed to protecting your personal data. This privacy notice will explain how we look after your personal data when you visit our website, sign up to our Examfit app and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. [IMPORTANT INFORMATION AND WHO WE ARE]

2. [THE DATA WE COLLECT ABOUT YOU]

3. [HOW IS YOUR PERSONAL DATA COLLECTED]

4. [HOW WE USE YOUR PERSONAL DATA]

5. [DISCLOSURES OF YOUR PERSONAL DATA]

6. [INTERNATIONAL TRANSFERS]

7. [DATA SECURITY]

8. [DATA RETENTION]

9. [YOUR LEGAL RIGHTS]

10. [GLOSSARY]

Important information and who we are
1. Purpose of this privacy notice

This privacy notice explains how Examfit Limited collects and processes your personal data through your use of this website, including any data you may provide when you sign up to and use our Examfit app.

This website is not intended for children under the age of 13 and we do not knowingly collect data relating to children under that age.

1. Controller

Examfit Limited is the controller, which means we are responsible for your personal data.

If you have any questions about this privacy notice and your legal rights, please write to us using the details below:

FAO Data Privacy Manager

Examfit Limited

Unit 14 Greenway Farm

Bath Road

Wick

Bristol

Gloucestershire

BS30 5RL

1. Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

1. 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.

1. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links 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 website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you
1. Personal data, or personal information, means any information which can identify you. It does not include data where the identity has been removed (anonymous data).
2. We may collect, use, store and transfer different kinds of personal data about you, such as:
  1. Identity Data includes first name, last name, username, date of birth and gender.
  2. Contact Data includes billing address, email address and telephone numbers.
  3. Financial Data includes bank account and payment card details.
  4. Transaction Data includes details about payments from you.
  5. 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.
  6. Profile Data includes your username and password, purchases made by you, your interests, preferences, exam or test results, and graphs, charts or other materials which display your performance or scores.
  7. Usage Data includes information about how you use our website and Examfit app.
  8. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical 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 tell us who you are. For example, we may use your Usage Data to calculate the percentage of users accessing a specific website feature.

We do not collect any 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.

1. 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, we may not be able to perform the contract we have or are trying to enter into with you (for example, to give you access to the materials on the Examfit app).

How is your personal data collected?

We collect your data in different ways, such as:

1. Direct interactions -You may give us your Identity, Contact and Financial Data by filling in forms, writing to us, creating an account or paying to use the Examfit app.
2. Automated technologies or interactions – As you use our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.
3. Third parties or publicly available sources – We may receive personal data about you from various third parties as set out below:
4. Technical Data from the following parties:
  1. analytics providers such as Google based outside the EU;
  2. advertising networks such as Facebook based outside the EU; and
  3. search information providers such as Google or Bing based outside the EU.
How we use your personal data
1. We will only use your personal data when the law allows us to and mainly:
  1. Where we need to perform the contract we are about to enter into or have entered into with you.
  2. 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.
  3. Where we need to comply with a legal or regulatory obligation.
2. Purposes for which we will use your personal data

We are legally required to let you know how we will use your data and what our lawful basis is for using your data. We have set out below, in a table format, a description of this.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer and set up your account	(a) Identity (b) Contact	Performance of a contract with you
To create the performance dashboard	(a) Identity (b) Contact	Performance of a contract with you
To process your payment	(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) Letting you know 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 protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and ho+6sting 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 website content and advertisements to you 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 website, 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 website 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	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

1. Marketing

You have full control over how you choose to hear 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 will receive marketing communications from us if you have chosen to hear from us in this way and if you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party company for marketing purposes.

1. Cookies

‘Cookies’ are small pieces of information stored on the hard drive of your computer which contain information about you. The information is used to track your use of the website and to compile statistical reports on website activity.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

We use the following cookies: [please check with your website provider]

Strictly necessary cookies

These cookies are necessary for our website to operate, for example they let you log into secure areas of our website.

Analytical/performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies

These are used to recognise you when you return to our website. This helps us personalise our content for you and remember your preferences.

Targeting cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

#	Key	Purpose	Domain
1	_gat_UA-132668010-1	Used as part of Google Analytics	.examfit.co.uk
2	_gid	Used as part of Google Analytics	.examfit.co.uk
3	_ga	Used as part of Google Analytics	.examfit.co.uk

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 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 the law allows us or requires us to do so.

Sharing your personal data
1. Depending on the preferences you have expressed, we will be sharing your personal data with your parents, guardians, teachers and / or tutors.
2. We may also have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
  1. Other companies in our company’s group.
  2. Service providers.
  3. Professional advisers, such as our lawyers, bankers, auditors and insurers.
  4. HM Revenue & Customs, regulators and other authorities based [in the United Kingdom] [who require reporting of processing activities in certain circumstances].
  5. 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, then the new owners may use your personal data in the same way as set out in this privacy notice.
3. We ask 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.
International transfers
1. We do not envisage transferring your personal data outside the European Economic Area (EEA). However, should this change, we will inform you of this in advance and give you details about how we ensure that your personal data is protected.
Data security
1. We have put in place appropriate security measures to keep your personal data safe. In the event of a suspected breach of personal data, we will notify you and the ICO where we are legally required to do so.
Data retention
1. How long will you use my personal data for?

We will only store 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.

In deciding how long to keep your data, we think about 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.

Please contact us if you would like more details about how long we keep your data for.

Your legal rights
1. The law gives you certain rights in relation to your personal data.
  1. You can ask to get a copy of the personal data we hold about you.
  2. You can ask us to correct your personal data.
  3. You can ask us to delete your personal data, for example if there is no good reason for us to continue processing it. There are some cases in which we may not be able to delete your data, but we will let you know if that applies.
  4. You can object to our processing of your data, for example if we are doing this for marketing purposes, or if you think that our processing impacts on your fundamental rights and freedoms.
  5. You can ask us to suspend processing your personal data in certain situations, for example if you have objected to our use of your data but we need to verify if we have overriding legitimate grounds to use it.
  6. You can ask us to transfer your personal data to a third party in specific situations.
  7. You can withdraw your consent at any time where are relying on your consent to process your personal data.

If you wish to exercise any of the rights set out above, or if you have any questions about them, please contact us.

1. No fee usually required

You will not have to pay a fee to exercise your rights. However, we may charge a reasonable fee, or refuse to deal with your request, if your request is clearly unfounded, repetitive or excessive.

1. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure you are able to exercise any of your rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

1. Time limit to respond

We try to respond to all legitimate requests within one month. Sometimes, we might need longer than a month, but we will let you know if that is the case.

Glossary
1. Lawful Basis
  1. Legitimate Interest means the interest of our business in managing our business so that we can give you the best service and experience. We make sure we consider and balance any potential impact on you and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where the impact on you overrides our interests.
  2. 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.
  3. 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.