GDPR POLICY

Introduction­

Pvolve, LLC (“Pvolve” or “we” or “our”) respects your privacy and is committed to protecting it as described in this Privacy Notice.

This Privacy Notice (“Privacy Notice” or “notice”) describes the types of information we may collect from you or that you may provide when you visit the website www.pvolve.com ( “Website”) or use our Pvolve mobile application (our “Application”) and our practices for collecting, using, maintaining, storing, protecting, and disclosing that information.

This notice applies to Personal Data within information we collect:

• from you on or through our Website or Application;
• in email, text, telephone, chat and other electronic messages between you and us or in connection with our Website or Application; and
• when you interact with our advertising, marketing, and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to Personal Data or other information collected through any third-party website, application or content, including through any website, application or content (including advertising or marketing) that may link to or be accessible from or on the Website or in the Application.

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If anything is unclear or you have any questions please let us know (see Contact Information below or here). By visiting our Website or using our Application, you acknowledge the practices described in this notice, subject to those circumstances where your specific consent is requested. 

For the purposes of applicable data protection law, and except where indicated to the contrary in this notice or otherwise explained to you, Pvolve is the controller of any Personal Data collected from you on the Website or Application or in the other circumstances identified in this Privacy Notice. When we refer to Personal Data, we mean any information related to an identified or identifiable person, which may be you, or other Website or Application users or other living individuals.

Information You Provide to Us

In order to access or use certain portions of the Website and Application or enjoy the full functionality of the Website and Application, learn more about or use our products and services including by purchasing from our shop or subscribing for access to our streamed content, or more generally in communicating or conducting business with us or seeking to do so, you may be prompted to provide certain Personal Data to us in the following ways:

• by responding to surveys that we might ask you to complete for research purposes;
• by filling in forms (for example, a 'Contact Us' form) on our Website and Application or at a trade show or anywhere else we conduct business;
• by downloading documentation from our Website and Application;
• by subscribing to newsletters or other communications; or
• by corresponding with us by phone, e-mail, chat or otherwise using our contact details.

Typically, the Personal Data you give us may include your name, home and shipping address, telephone number, and email address, and any personal details required to resolve any enquiries or complaints. Please note that we do not receive or otherwise process any credit card, debit card, or other payment information that you provide on the Website when purchasing from our shop or subscribing for access to our streamed content. All payment information is collected and processed by our third party payment provider.  

The information we request is required to enter into a contract with you and/or for us to provide you with our products and services and to facilitate communication between you and us and with other users. Failure to provide any information may result in our inability to provide requested services or products, or facilitate such communications.

We may also obtain Personal Data about you from third parties, namely our giveaway partners and business partners that support our marketing.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Application or transmitted to other users of the Website, Application, or third parties (collectively, “User Contributions”). Your User Contributions are submitted via social media and email, posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, such as:

• details of your visits to our Website or use of our Application, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or in the Application; and
• information about your computer and internet connection, such as your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Website and Application according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Website or Application.

Cookies

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy available here.

Use of Personal Data

The following is an overview of our purposes for using your Personal Data. Additional details on how we process your Personal Data may be provided to you in a separate notice or contract.

All processing (i.e. use) of your Personal Data is justified by a ‘legal basis’. We use the Personal Data we collect for the purposes described below, and based on the following justifications:

Justification - the processing is necessary to perform a contract with you or take steps to enter into a contract at your request, namely:

• process, evaluate and complete certain transactions involving the Website or Application, including purchases from our shop or subscriptions for access to our streamed content (and the necessary support for associated delivery and access);
• provide you with documentation or communications which you have requested;
• provide you with any other services or products you request; and/or correspond with users to provide delivery, access or other service information and updates or to resolve their queries or complaints.

Justification: the processing is in our legitimate interests, subject to your interests and fundamental rights:

• operate, evaluate, maintain, improve and develop the Website and Application (including by monitoring and analyzing trends, access to, and use of the Website and Application for advertising and marketing);
• evaluate, improve and develop the product range in our shop and the streamed content available for access and our other products and services generally;
• customize our Website and Application to users' needs based on their browsing habits and purchase history on the Website as well as third-party websites and applications;
• if you are already a customer, engage you about events, promotions, the Website, the Application, and our products and services and more generally send you marketing communications;
• protect and ensure safety of the Website, the Application, and our confidential and proprietary information;
• reorganize our business; and/or
• manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations.
• document for our accounting, tax and other records certain transactions involving the Website or Application, including purchases from our shop or subscriptions for access to our streamed content;
• report transactions to relevant authorities and agencies; and/or
• comply with an order or request issued by law enforcement or a legal authority.

Our legitimate interest is to use Website and Application user data to conduct and develop our business activities with them and with others while managing the risks to our business, in order to benefit our brand and reputation, our employees, our shareholders and other stakeholders.

Justification: you have consented to the processing:

• engage you about events, promotions, the Website, the Application, and our products and services including the products in our shop and subscriptions for access to our streamed content; and/or
• send you other marketing communications, where it is otherwise lawful for us to do so. We will not sell or rent your Personal Data to third parties.

If you wish to opt-out of marketing communications, you may do so by clicking the unsubscribe link in emails that we send you or text STOP. You may also unsubscribe or change your choices regarding email, voice, and text communications by sending a written request to 415 West Broadway, Suite 3S, New York, NY 10012, or emailing us at help@pvolve.com.

Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. We disclose your Personal Data to a few third parties, including:

• our third-party service providers, subcontractors, and business associates we use to support our business;
• to any company we might merge with or acquire, or that buys us, or in the event of change in structure of our company of any form;
• to comply with our legal obligations;
• to enforce our rights; and
• with your consent.

We may disclose without restriction aggregated information about our users and other information that does not identify any individual.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use, our Application’s End User License Agreement, and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of you, your licensed provider and/or her/his staff, Pvolve, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Pvolve is based in the US, and your Personal Data is transferred outside the UK to Pvolve to provide you our Website and Application, to provide products and services to you, to otherwise communicate with you, and as described above. We take steps to ensure that your Personal Data receives the same level of protection as if it remained within the UK, including by entering into data transfer agreements, using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU - US Privacy Shield. You have a right to obtain details of the mechanism under which your Personal Data transferred outside of the UK is processed by contacting us (see Contact Information below).

Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt in to our use of tracking technology, disclosure of your Personal Data for third-parties to market or advertise to you, our marketing or advertising to you, and other targeted marketing and advertising, or where permitted by applicable law, how you can opt out of receiving direct marketing and advertising from us.

In addition, we provide you with choices regarding the Personal Data you provide to us. We will only use your contact information to promote or market our own products and services through email and text messages with your consent. If you wish to change your choice, you may do so by sending a written request to 415 West Broadway, Suite 3S, New York, NY 10012, or emailing us at help@pvolve.com, or clicking the unsubscribe link in email communications. This opt out does not apply to communications necessary in connection with a product purchase, subscription, support or other transactions. For more information see the Your Rights section below.

Retention of your Personal Data

We apply a general rule of keeping Personal Data only for as long as required to fulfil the purposes for which it was collected. For customer data, we generally keep data six years after contract termination, corresponding to a statute of limitation so that we have an accurate record of your dealings with us in the event of any complaints or challenges. For marketing data, we delete data no later than three years after you last initiate contact with us. However, in some circumstances we may retain Personal Data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

Accessing and Updating Your Personal Data

If you have an account with us, you can review and change your Personal Data by logging into the Website or Application and visiting your account profile page. You may also notify us through the contact information of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. For more information see the Your Rights section below.

Data Security

We have put in place appropriate security measures aimed at preventing Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed (a Data Security Breach). In addition, we limit access to your Personal Data to those employees, contractors and other third party processors who have a business need to know. They agree to only use 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 Data Security Breach and will notify you and any applicable regulator where we are legally required to do so.

Where we have given you or you have chosen a password which enables you to access streamed subscription or other content within the Website and/or the Application, you are responsible for using reasonable care in keeping this password confidential.

We ask you not to share your password with anyone. We urge you to be careful about giving out information on the Website or in the Application like message boards and other areas where you may post photographs, videos or other content. The information you share in public areas may be viewed by any user of the Website or Application.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to or from our Website or Application.

External Links

Our Website and Application may contain links to third-party sites, applications and content. Since Pvolve does not control nor is responsible for the privacy practices of those websites, applications and content, we encourage you to review the privacy policies of the relevant third-parties. This notice applies solely to Personal Data collected by Pvolve on our Websites and Applications, or in the other circumstances identified at the beginning of this notice.

Your rights

Subject to the conditions set forth in the applicable law, you have the following rights with regard to our processing of your Personal Data:

• Right to correct your Personal Data. Pvolve aims to ensure that it maintains accurate Personal Data. You also play an important role in ensuring that changes in personal circumstances (for example, change of address etc.) are notified to Pvolve so that we can ensure that your Personal Data is accurate and up-to-date.
• Right to access your Personal Data. You have the right to request access to your Personal Data that Pvolve may hold, to receive a copy of that Personal Data, and to obtain information about how we process it.
• Data portability. Where we are relying (as the justification (legal basis) for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the Personal Data is processed by automated means, you have the right to receive all such Personal Data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible. 
• Right to erasure. You are entitled to have your Personal Data erased under specific circumstances, such as where you have withdrawn your consent, where due to your particular situation you object to processing based on legitimate interests and we have no overriding legitimate grounds (see below), or where Personal Data is unlawfully processed.
• Right to restriction of processing. You have the right to restrict our processing of your Personal Data (that is, allow only its storage) where:
• you contest the accuracy of the Personal Data, until we have taken sufficient steps to correct or verify its accuracy;
• where the processing is unlawful but you do not want us to erase the Personal Data;
• where we no longer need your Personal Data for the purposes of the processing, but you require such Personal Data for the establishment, exercise or defense of legal claims; or
• where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.

Where your Personal Data is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.

Right to object to processing (including profiling) based on legitimate interest grounds. Where we are relying upon legitimate interests to process Personal Data, you have the right to object to that processing for grounds relating to your particular situation. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the Personal Data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

Right to object to direct marketing per(including profiling). You have the right to object to our use of your Personal Data (including profiling) for direct marketing purposes, such as when we use your Personal Data to invite you to our promotional events.

• Right to withdraw consent. In the event your Personal Data is processed on the basis of your consent, you have the right to withdraw consent at any time by sending an email to help@pvolve.com specifying your request, without affecting the lawfulness of processing based on consent before its withdrawal.
• Right to lodge a complaint. You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your Personal Data infringes applicable law.

Please contact us as at help@pvolve.com if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your Personal Data.

Changes to Our Privacy Notice

We will post any changes to our Privacy Notice on our Website or in the Application in advance. If we make material changes to our Privacy Notice, we may notify you of such changes through your contact information and invite you to review the changes.

Contact Information

You may contact us through the contact information below. If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data, or otherwise need to contact us, you may do so at: help@pvolve.com

Last Revised: May 2020