Privacy Policy | LVL Wellbeing

LVL Privacy Policy

This Privacy Policy was last changed [25 January 2021].

1 Who we are

Switch Lifestyle ME FZ LLC (registered office address: Fujairah Creative Tower P.O. Box 4422 Fujairah) (we, us, our or Lvl) provides an online platform via our website (available at www.lvl-wellbeing.com ) or any other website, device or platform provided from time to time (the Site), that provides live-streamed and archived wellness and fitness sessions and other related content as well as other services that we may provide in relation to this content, such as corporate customer support, social media, community channels and other websites that we may operate from time to time (together the Services). Providing these Services involves the collection and processing of personal data.

Subscription to the Services is only available to corporate members and all subscription packages are purchased by a company that intends to offer the platform as part of their employee wellness benefits or customer benefits programs to individual users.

In this Privacy Policy we refer to employees of corporate members who we liaise with in relation to the corporate subscription and contracts as B2B Contacts and individuals who utilise the Services or access the Site as Users. Our third party partners will provide sessions as part of the Services and they are referred to as Partners in this Privacy Policy. Unless otherwise stated, all sections of this Privacy Policy are applicable to B2B Contacts, Users and Partners.

Lvl values the trust you place in us and the protection of your privacy rights in respect of any personal data we process about you. Please carefully read this Privacy Policy to understand how we use and share your personal data and the measures we take to protect it.

This Privacy Policy sets out how Lvl, as data controller, collects and uses your personal data, why we use it, when we share it, the rights to which you may be entitled and your choices about our use of your personal data.

This Privacy Policy covers our use of your personal data when:

you enquire about and/or enter into a corporate subscription with us for the Services if you are a B2B Contact;
you register for an account with us and use our Site and Services if you are a User;
when you get in touch with us including via our Site contact form, by email, social media or by phone (if you are a B2B Contact, User or one of our Partners);
you enquire about or enter into a partner agreement with us to provide content and sessions to our Users (if you are a Partner); and
we collect analytics information through cookies and similar technologies when you browse the Site.

Please see:

Your Lvl User terms and conditions (if you are a User) for information relating to the contractual relationship between you and us in respect of your use of the Services and/or Site;
Your corporate agreement (if you are a B2B Contact) for information relating to the contractual relationship between our corporate customer and Lvl in respect of the Services;
Your partner agreement (if you are a Partner) for information relating the contractual relationship between you and us in respect of you providing content and sessions to Users; and
Our Cookie Policy for information relating to our use of cookies and similar technologies on this Site.

2 How we collect and use your personal data

Data Collection and Usage

We will collect and use your personal data when you enquire about and/or enter into a corporate subscription with us, you enquire about and/or enter into a partner agreement with us, register for an account with us and use our Site and Services, and when you get in touch with us including via our Site contact form, by email, social media or by phone and from cookies as described in the Cookie Policy.

If you are a User, Lvl may also be provided with your personal data by our corporate customers when they sign up to our Services in order to enable you to register an account and use our Services. Our corporate customers will only share your personal data with us if they have previously informed you about this data sharing (e.g. your employer will inform you they will share certain personal data with us (such as name, email address, role) to enable you to register and sign up to use the Services). The table below sets out how we collect your personal data, the types of personal data and how this personal data is used.

	What personal data we collect	How we use your personal data
1.	If you are a B2B Contact, we will process personal data you provide when enquiring about or registering an interest in becoming a corporate customer including: Name; Contact details (including email address and phone number); and Name of your employer.	Lvl will use this personal data to: Respond to queries and other requests; Negotiate the contract; Manage and administer the contract including for payment, invoicing and refund purposes; Manage any customer service issues that arise during the course of the subscription; Communicate with your regarding the management and administration of our contact with you; Help us ensure that our corporate customers are genuine and to prevent fraud; and Send you direct marketing.
2.	If you are a User, we will process personal data that you provide to us when registering for an account on our Site and during onboarding as a User. This includes: Name; Email address; Country location; Corporate access code; Information you include in your account profile (such as name, username and profile photo); and Information about your interests including the types of activity and session you are interested in and how many moments you can dedicate to wellbeing each week.	Lvl will use this information to: Provide you with, manage and administer, our Site and Services; Verify that you are authorised to access our Services under a corporate customer agreement; Meet our contractual commitments to you; Help us ensure that our Users are genuine and to prevent fraud; Allow Users to engage with each other through the Site; Send you direct marketing (but only where you consent to this); Request you take part in surveys or take part in member panel interviews in relation to your experiences and use of our Site and Services; Notify you about any changes to our Site, such as improvements or Service changes, that may affect our Services; and Make the Site and Service more relevant and personal to you including by making content on the Site more relevant to you and your interests and encourage activity, session attendance and use of the Services.
3.	If you are a User, personal data we collect when you use the Services including: The dates and times you, book, attend and access wellness and fitness sessions and which sessions you have booked and attended; Photos and videos of your attendance at the session including your name and username if visible when attending the session; Details of competitions and leaderboards you are taking part in; and Your social media handle (if provided).	Lvl will use this data to: Provide our Services including access to sessions; Track points/leaderboards and sessions for the purposes of running competitions; Allow Users to engage with each other through the Site. For example, Users may choose to follow other Users activity and progress such as in competitions and leaderboards; Provide reports about employee attendance (including name of employee) and usage of Services to our corporate customers by reference to corporate customer accounts and associated access codes; Provide reports to Partners on User attendance (including nameof User) and usage of sessions run by that Partner; Post photos and videos of sessions on our social media, Site and for the purposes of direct marketing to actual and potential corporate customers; Share photos and videos (including screenshots) of sessions with our corporate customers so that our corporate customers can use these for the purposes of internally promoting the Services, for employee engagement purposes and for external brand promotion purposes including in printed publications, on websites and social media channels; Tag you using your social media handle when we post photos and videos to social media. We will only tag you if you provide your social media handle in the relevant session when we have indicated that it will be used for this purpose; and Manage and develop our Site and Services.
4.	If you are a User, personal data collected when you book an in person session at one of our studios including: Your contact details (name, email address, phone number); The dates and times you, book, attend and access wellness and fitness sessions and which sessions you have booked and attended; and Medical history necessary to ensure you can safely attend our sessions. When you book an in person class at one of our studios you will be directed to our third party partner ZingFit and will share personal data directly with ZingFit to enable you to take part in the session and make payment. You will need to sign up for a ZingFit account. ZingFit will provide us with certain personal data in respect of your booking to enable us to provide our Services and access to the Sessions. We do not receive any financial details or payment information that you provide to ZingFit. For further details on how ZingFit process personal data please see the ZingFit privacy policy: https://zingfit.com/privacy-policy/.	Lvl use this personal data to: Provide our Services including access to Sessions and to ensure Users can safely attend in person Sessions; Track points/leaderboards and sessions for the purposes of running competitions; Provide reports about employee attendance (including name of employee) and usage of Services to our corporate customers by reference to corporate customer accounts and associated access codes; and Provide reports to Partners on User attendance (including name of User) and usage of sessions run by that Partner.
5.	Information when you communicate with us whether through our Site (including the contact us form), by email, by phone, by social media or by any other means including: Your contact details (name, email address, address, phone number and social media handle or user name); The details of your communications with us; The details of our messages to you; and Your responses to any surveys or member panel interview responses in relation to your experiences and use of our Site and Services.	Lvl use this personal data to: Respond to requests for information about our Services; Answer any questions, issues or concerns; Monitor communications for quality and training purposes; Develop new Services; Improve our Services; and Analyse responses to surveys and member panel interview responses.
6.	Personal data that we collect through your use of our Site including: Device information such as operating system, browser and version, country/region/city of device, unique device identifiers, the mobile network system; traffic data; weblog statistics; Hardware and browser settings; Page requests; The requests you make; The pages you visit and sessions you attend; and IP address. For further information on our use of cookies see our Cookie Policy.	Lvl use this personal data in order to: analyse use of the website such as pages visited and number of visitors; monitor and analyse attendance at sessions through our Site (including for the purposes of running competitions relevant to activity on the Site); Operate our Site; Improve our Site, content, products and Services; Provide and adapt our Site to the technical capabilities of User devices; Identify issues with the Site and the user’s experience of it; and Monitor and analyse the way our Site is used.
7.	If you are a Partner (or potential Partner) we will process personal data you provide when enquiring about or registering an interest in becoming a Partner and when you operate as one of our Partners including: Name; Contact details (including email address and phone number); CV/experience information; References; Details of the Partner included on any website operated by the Partner; and Information included on invoices you send us including bank details and address.	Lvl will use this personal data to: Respond to queries and other requests; Negotiate our contract; Promote and manage the Site and our Services; Make payment to you in accordance with our contractual commitments; Manage and administer your relationship with us; and Help us ensure that our partners are genuine and to prevent fraud.

What personal data we collect

How we use your personal data

If you are a B2B Contact, we will process personal data you provide when enquiring about or registering an interest in becoming a corporate customer including:

Name;
Contact details (including email address and phone number); and
Name of your employer.

Lvl will use this personal data to:

Respond to queries and other requests;
Negotiate the contract;
Manage and administer the contract including for payment, invoicing and refund purposes;
Manage any customer service issues that arise during the course of the subscription;
Communicate with your regarding the management and administration of our contact with you;
Help us ensure that our corporate customers are genuine and to prevent fraud; and
Send you direct marketing.

If you are a User, we will process personal data that you provide to us when registering for an account on our Site and during onboarding as a User. This includes:

Name;
Email address;
Country location;
Corporate access code;
Information you include in your account profile (such as name, username and profile photo); and
Information about your interests including the types of activity and session you are interested in and how many moments you can dedicate to wellbeing each week.

Lvl will use this information to:

Provide you with, manage and administer, our Site and Services;
Verify that you are authorised to access our Services under a corporate customer agreement;
Meet our contractual commitments to you;
Help us ensure that our Users are genuine and to prevent fraud;
Allow Users to engage with each other through the Site;
Send you direct marketing (but only where you consent to this);
Request you take part in surveys or take part in member panel interviews in relation to your experiences and use of our Site and Services;
Notify you about any changes to our Site, such as improvements or Service changes, that may affect our Services; and
Make the Site and Service more relevant and personal to you including by making content on the Site more relevant to you and your interests and encourage activity, session attendance and use of the Services.

If you are a User, personal data we collect when you use the Services including:

The dates and times you, book, attend and access wellness and fitness sessions and which sessions you have booked and attended;
Photos and videos of your attendance at the session including your name and username if visible when attending the session;
Details of competitions and leaderboards you are taking part in; and
Your social media handle (if provided).

Lvl will use this data to:

Provide our Services including access to sessions;
Track points/leaderboards and sessions for the purposes of running competitions;
Allow Users to engage with each other through the Site. For example, Users may choose to follow other Users activity and progress such as in competitions and leaderboards;
Provide reports about employee attendance (including name of employee) and usage of Services to our corporate customers by reference to corporate customer accounts and associated access codes;
Provide reports to Partners on User attendance (including nameof User) and usage of sessions run by that Partner;
Post photos and videos of sessions on our social media, Site and for the purposes of direct marketing to actual and potential corporate customers;
Share photos and videos (including screenshots) of sessions with our corporate customers so that our corporate customers can use these for the purposes of internally promoting the Services, for employee engagement purposes and for external brand promotion purposes including in printed publications, on websites and social media channels;
Tag you using your social media handle when we post photos and videos to social media. We will only tag you if you provide your social media handle in the relevant session when we have indicated that it will be used for this purpose; and
Manage and develop our Site and Services.

If you are a User, personal data collected when you book an in person session at one of our studios including:

Your contact details (name, email address, phone number);
The dates and times you, book, attend and access wellness and fitness sessions and which sessions you have booked and attended; and
Medical history necessary to ensure you can safely attend our sessions.

When you book an in person class at one of our studios you will be directed to our third party partner ZingFit and will share personal data directly with ZingFit to enable you to take part in the session and make payment. You will need to sign up for a ZingFit account. ZingFit will provide us with certain personal data in respect of your booking to enable us to provide our Services and access to the Sessions. We do not receive any financial details or payment information that you provide to ZingFit. For further details on how ZingFit process personal data please see the ZingFit privacy policy: https://zingfit.com/privacy-policy/.

Lvl use this personal data to:

Provide our Services including access to Sessions and to ensure Users can safely attend in person Sessions;
Track points/leaderboards and sessions for the purposes of running competitions;
Provide reports about employee attendance (including name of employee) and usage of Services to our corporate customers by reference to corporate customer accounts and associated access codes; and
Provide reports to Partners on User attendance (including name of User) and usage of sessions run by that Partner.

Information when you communicate with us whether through our Site (including the contact us form), by email, by phone, by social media or by any other means including:

Your contact details (name, email address, address, phone number and social media handle or user name);
The details of your communications with us; The details of our messages to you; and
Your responses to any surveys or member panel interview responses in relation to your experiences and use of our Site and Services.

Lvl use this personal data to:

Respond to requests for information about our Services;
Answer any questions, issues or concerns;
Monitor communications for quality and training purposes;
Develop new Services;
Improve our Services; and
Analyse responses to surveys and member panel interview responses.

Personal data that we collect through your use of our Site including:

Device information such as operating system, browser and version, country/region/city of device, unique device identifiers, the mobile network system;
traffic data;
weblog statistics;
Hardware and browser settings;
Page requests;
The requests you make;
The pages you visit and sessions you attend; and
IP address.

For further information on our use of cookies see our Cookie Policy.

Lvl use this personal data in order to:

analyse use of the website such as pages visited and number of visitors;
monitor and analyse attendance at sessions through our Site (including for the purposes of running competitions relevant to activity on the Site);
Operate our Site;
Improve our Site, content, products and Services;
Provide and adapt our Site to the technical capabilities of User devices;
Identify issues with the Site and the user’s experience of it; and
Monitor and analyse the way our Site is used.

If you are a Partner (or potential Partner) we will process personal data you provide when enquiring about or registering an interest in becoming a Partner and when you operate as one of our Partners including:

Name;
Contact details (including email address and phone number);
CV/experience information;
References;
Details of the Partner included on any website operated by the Partner; and
Information included on invoices you send us including bank details and address.

Lvl will use this personal data to:

Respond to queries and other requests;
Negotiate our contract;
Promote and manage the Site and our Services;
Make payment to you in accordance with our contractual commitments;
Manage and administer your relationship with us; and
Help us ensure that our partners are genuine and to prevent fraud.

If personal data is required to enter into a contract with you or otherwise provide Services to you we may be unable to enter the contract or provide Services if you fail to provide the requested personal data. We will inform you if this is the case.

3 Our legal basis for using your personal data

We rely on the following lawful bases under data protection law for our use of your personal data:

Consent: you have given your consent to the processing;

Performance of a contract: it is necessary for the performance of and compliance with your contract with us or in order to take steps prior to entering into that contract;

Legal or Regulatory Obligation: we need to process your personal data in order to comply with a legal or regulatory obligation; or

Legitimate Interests: it is necessary for our legitimate interests (or those of a third party). Please see section When do we have legitimate interests? below for more information.

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.

4 When do we have legitimate interests?

We use your personal data where this is necessary for our legitimate interests (or those of a third party). This includes where use of your personal data is necessary to:

Ensure effective administration and management of our Site;
Administer our operations and business in an efficient and effective way;
Manage and administer our Services, Site, Partners and corporate customer arrangements;
Provide and administer accounts on our Site for Users;
Understand how individuals use our Site;
Understand and respond to queries, complaints and feedback;
Research and analyse the Services our Users want;
Organise, collect and analyse responses to our surveys, member panels and workshops;
Operate competitions for Users;
Understand how you use our Services;
Send direct marketing to B2B Contacts;
Improve and develop our Services;
Maintain a public profile;
Transfer personal data in relation to an actual or proposed sale, transfer or re-organisation of all or part of our business and the acquisition of the business;
Ensure network and information security; and
Enforce our legal rights and manage any dispute and legal claims and take legal or other professional advice.

5 Children’s Privacy

Our Site is not intended for anyone under the age of 18, and we do not knowingly collect data relating to children under the age of 18. No one under age 18 may provide any personal data to or on our Sites without legal parental or guardian consent. If you believe we have collected any Personal Information from a child younger than 18 years of age, please notify us immediately.

6 How long we retain your personal data

We keep personal information for no longer than is reasonably necessary or required by applicable law. How long we keep personal data depends on the type of personal information and the purpose(s) for which we collected it and the applicable legal requirements.

The criteria we use to determine the retention period is as follows:

the length of time that you are a User of the Site and Services;
the duration of your contract with us;
whether there are contractual or legal obligations that exist that require us to retain the data for a period of time;
whether there is an ongoing legal claim that relates to your relationship with us; and
whether any applicable law, statute, or regulation allows for a specific retention period.

We may use personal data to generate aggregated and anonymised information to assist in our planning, development and improvement of products and services. This information will cease to be personal data once it is made anonymous and aggregated and may be retained for longer than the retention periods set out above.

7 Legal requirements

Your personal data may be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defence of a legal claim. We will not delete personal data if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.

8 Information we share

Your personal data will be processed by our employees and contractors.

There are also certain circumstances where we will transfer your personal data to third parties. These include:

Group companies – so we can provide the best service across our group. We also share your personal data within our group for management forecasting and financial planning purposes – although this would generally be aggregated data where no individual is identifiable.
Corporate customers – Lvl will share your personal data including name and details of sessions attended with the corporate customer that enabled your account. This is the corporate customer whose activation code you used when signing up for an account on our Site to use our Services. The information shared with corporate customers is limited and provides information about how many Users have signed up for our Services on the corporate account and usage/activity of those Users. In addition, Lvl will share photos (including screenshots) and videos of sessions with our corporate customers so that our corporate customers can use these for the purposes of internally promoting the Services, for employee engagement purposes and for external brand promotion purposes including in printed publications, on its website and social media channels;
Partners – Lvl will shall your personal data with our Partners. Our Partners provide sessions through our Site. We will share limited personal data with our Partners in order to provide information for Partners on which Users attend their sessions and about attendance of their sessions (including names of Users who attend sessions and numbers attending).
Other service providers – Third parties may process your personal data on our instructions. These include IT suppliers (including website, software and app providers), cloud hosting providers (such as AWS), data analytics providers (such as Mixpanel), debt agencies, professional advisors, marketing agencies, database providers, backup and disaster recovery specialists and email providers.

Our suppliers and service providers will be required to meet appropriate standards on processing information and security when processing your personal data. The information we provide them, including your information, will only be processed in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this Privacy Policy.

Your personal data may be transferred to other third party organisations in certain scenarios, such as:

If we’re discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
If we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you;
If we’re required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police e.g. in order to assist fraud protection and minimise credit risk; or
If we are defending a legal claim your information may be transferred as required in connection with defending such claim.

Your personal data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be personal data.

9 Where your information will be held

Lvl is located in Dubai, UAE and personal data collected by our Site is hosted in Frankfurt, Germany. We may transfer your personal data to other locations, and our employees in Dubai, UK, Hong Kong and US will have access to personal data, in accordance with applicable data protection law and we will ensure appropriate safeguards are in place as required by applicable data protection law.

For Users located in the European Economic Area or UK, we may transfer your personal data to locations outside of the UK and European Economic area. However, to ensure your personal data is protected in accordance with EU and UK data protection law we will only transfer data outside the UK and European Economic Area where appropriate safeguards as required by applicable data protection law are in place. This includes where a jurisdiction has been deemed adequate or, where there is no adequacy decision, by putting in place Standard Contractual Clauses.

Please contact us at help@lvlwellbeing.atlassian.net if you would like further information on the specific safeguards used by us when transferring your personal data.

10 Security

The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk. Where you have chosen a password so that you can access certain areas of our Site, you are responsible for keeping this password confidential.

11 Your rights

You have a number of rights in relation to our handling of your personal data. These rights are not applicable in all circumstances and exemptions may apply.

Depending on your location, your rights may include the following:

Access: you are entitled to ask us if we are processing your personal data and, if we are, you can 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.
Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected.
Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy.
Transfer: you may request the transfer of certain of your personal data to another party in some circumstances.
Objection: where we are processing your personal data based on a legitimate interest (or those of a third party) you may object to processing on this ground. However we may be entitled to continue processing your information based on our legitimate interests.
Withdraw consent: where you have provided your consent to the collection and processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

You may also have a right to lodge a complaint with a supervisory or regulatory authority.

In particular if you are an EEA or UK resident you may lodge a complaint with the supervisory authority in the UK or Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of data protection legislation has taken place.

12 Direct Marketing

If you are a B2B Contact, Lvl may send direct marketing to you (in relation to marketing aimed at your employer) by email. B2B Contacts can opt-out of receiving these communications at any time.

If you are a User, Lvl may send direct marketing to you by email or text message (or by push notification if Users utilise our app), if you have given your consent:

to marketing relating to Lvl products and services; and/or
to marketing relating to identified third party products or services that may be of interest.

If you do not want us to use your personal data for the purposes of direct marketing you can withdraw your consent at any time by contacting help@lvlwellbeing.atlassian.net.

Please note that if you choose not to consent to direct marketing or withdraw your consent to direct marketing we will still communicate with you in relation to any contract you have with us and other Service related messages. For example, messages relating to Service downtime or confirmation of session bookings and communications relating to your contract with us.

13 How to contact us

If you want to exercise any of these rights or if you have any questions about this Privacy Policy, please contact us:

By email at help@lvlwellbeing.atlassian.net; or
By post at: Fujairah Creative Tower P.O. Box 4422 Fujairah

14 Third party links

You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

15 Changes to the policy

This Privacy Policy may change from time to time and is available on our Site. You can tell when this Privacy Policy was last updated by looking at the date at the top of the Privacy Policy. If we make changes to this Privacy Policy, we will post the updated version on our Site.

If we make a change that significantly affects your rights or, to the extent we are permitted to do so, significantly changes how or why we use personal data, we will notify you by way of a prominent notice on our Site or, if we have your email address, by email.

Any changes to this Privacy Policy will become effective upon posting. We encourage you to review this website from time to time for the latest information.