Privacy Policy

Welcome

Welcome to our privacy policy and terms and conditions. The security of your personal data is important to us and we want you to have complete clarity about what we do (and don’t do) with your personal data. We are MySugarWatch^® Ltd (“we”, “us” and “our”) and we are committed to protecting and respecting your privacy.

This policy sets out the basis on which we may collect personal data from you through your use of this website, including any data you may provide when you register your interest in or subscribe to MySugarWatch^® Data Services. It explains what personal data (including medical data) we collect, why we collect it and what we do with it.

It is important that you read this privacy policy together with any other privacy or fair processing notices 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.

1 Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how MySugarWatch® (EU) Limited (“MSW”) collects and processes your personal data through your use of this website, including any data you may provide when you sign up to our member services (as outlined on our website) or use devices associated with our member services.

Our services and devices are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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. This privacy policy supplements other notices and privacy policies.

Controller

MSW (also referred to as “we”, “us” or “our” in this privacy policy) is the personal data controller and responsible for the personal data you to provide to us.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager on this email: dpenquiries@mysugarwatch.com.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review and will update it here, from time to time, as required.

It is important that the personal data we hold about you is accurate and current. Please keep us informed (using the email details set out above) if your personal data changes during your relationship with us.

Third-party links

This website 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 website, we encourage you to read the privacy policy 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 as follows:

Identity Data includes first name, last name, login/username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account details.
Health Data includes information automatically processed and downloaded through the devices including blood sugar/glucose level, blood pressure, blood type, weight, BMI or bodyfat, together with other information relating to health, wellbeing and lifestyle that you provide relating to your eating habits, exercise types and frequency, health-related lifestyle choices, fitness.
Transaction Data includes details about payments to and from you and other details of services (and devices) you have purchased from us.
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.
Usage Data includes information about how you use our website, services and devices. As part of the MSW device installation stage you will be requested to grant permission to access your location to maintain a Bluetooth connection.
Marketing Data includes your Contact Details together with your preferences in receiving marketing from us and your communication preferences and an optional inclusion of some health data if the data subject wishes to include the information.

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 this data will not directly or indirectly reveal your identity.

In some circumstances we will 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.

We collect Health Data, and some other types of personal data, which is a “special category” of Personal Data and which is subject to additional safeguards under data protection legislation to ensure that you are aware of the Health Data processed and the purpose of its processing and have agreed to it.

If you fail to provide personal data

Where we need to collect Personal Data including the special category 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 our full member services or the benefits of using the associated device). In this case, we may have to cancel the contract for services (and any accompanying devices) you have with us, but we will notify you before doing so, if this is the case at the time.

3 How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by subscribing to our member services, or otherwise by providing your personal data in person, verbally or in writing. This includes personal data you provide when you:
Subscribe to our member services (and accompanying devices) using our website or in any other way;
create an account on our website;
request marketing to be sent to you;
provide us with your Health Data automatically through the use of our devices;
provide us with Health Data by answering our health questions;
provide us with Health Data (in person) in the course of a consultation provided as part of the member services.
Supply services or products to us or contract with us for different purposes
Automated technologies or interactions. As you subscribe to our services and interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
Third parties or publicly available sources. We will receive personal data about you from our payment services provider, PayPal, who provide us with confirmation of payment received and enable us to complete our contract with you. The information provided is your name and confirmation of the payment made, which enables us to connect the payment with a transaction record we have.

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 we need to comply with a legal obligation.

When we process your Health Data, we do so based on the contract we have with you (when you subscribe to our member services) (article 6(1)b UKGDPR) and your additional explicit consent to our processing of the Health Data (article 9(2)a UKGDPR) which is again based on our providing you member services.

For use of your Marketing Data, we also rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us.

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 that is the legal basis relied on.

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 (c) Health Data	Performance of a contract with you (and for the processing of Health Data, your express consent)
To deliver our member services to you either through the website or in person or remotely through consultations with out expert lifestyle advisers (who are employees of MSW) To process your joining through any “special offer”, “early bird offer” or preferential membership scheme.	(a) Identity (b) Contact (c) Health Data (d) Usage/ Marketing	Performance of a contract (and for processing of Health Data, your explicit consent under article 9(2)a UKGDPR)
To process your joining member services and deliver your device 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	(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 (c) send you advertising or marketing information relating to our services and products (which may be tailored to your diagnosis if you share Health Data with us)	(a) Identity (b) Contact (c) Marketing (d) Health	(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 services and devices) (d) for Health Data – with explicit consent under article 9 (2) a UKGDPR
To administer and protect our business and this website (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 website content services to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Health (d) Usage (e) Marketing (f) Technical	Necessary for our legitimate interests (to study how customers use our services and devices, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, devices, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our services and devices, 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) Marketing	Necessary for our legitimate interests (to develop our services and devices and grow our business) Consent (where you consent to receiving marketing and advertising from us)
To share with selected third parties (usually appointed as processors) who provide us with services, subject to a data processing (or data sharing) agreement.	(a) Marketing (b) Identity (c) Contact (d) Transaction	Necessary for our legitimate interests (to outsource printing and design services) Contract (to outsource payment services)

Marketing

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

Promotional offers from us

We may use your Identity, Contact, Technical, Usage 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 services, devices and related offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have (i) consented or requested to receive it; or (ii) subscribed to services from us and you have not opted out of receiving that marketing.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a joining as a member, any device warranty registration, service or device experience or other transactions.

Cookies

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 more information about the cookies we use and how to accept or refuse them, please see our cookie policy.

Change of 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.

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.

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 share your personal data with the parties set out below for the purposes set out in the table above.

Specific third parties payment service provider (PayPal), printers and art and design services providers.

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 policy.

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 written instructions and in accordance with data protection legislation.

6 International transfers

We collect, store, process and /or transfer your personal data in/to Jersey.

Whenever we transfer your personal data out of the UK to Jersey we ensure a similar degree of protection is afforded to it and note here that Jersey has been deemed to provide an adequate level of protection for personal data by the European Commission (with an ongoing adequacy decision in place since May 2008) and has the Data Protection (Jersey) Law 2018 enacted to maintain data privacy.

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 reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our members (including Contact, Identity, Financial, Health and Transaction Data) for seven years after they cease being customers for legal and tax compliance purposes.

9 Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You may:

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.

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.

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 services or devices to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our data protection manager on data@msw.com.

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, repetitive or excessive. Alternatively, we could 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 could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

20 October 2022

Cookie Policy

1 COOKIE POLICY for MYSUGARWATCH WEBSITE

Our website www.mysugarwatch.je 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.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical or performance cookies. These 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 enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
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:

Cookie Title Cookie Name	Purpose	More information
Google Analytics (-ga)	This is used to distinguish unique users of the website. By default it is set to expire after 2 years. Examples of purposes for which a cookie may be used: This cookie [is essential for our site to OR enables us to]: [(a) Estimate our audience size and usage pattern]. [(b) Store information about your preferences, and so allow us to customise our site and to provide you with offers that are targeted to your individual interests]. [(c) Speed up your searches]. [(d) Recognise you when you return to our site]. [(e) Allow you to use our site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim].	[LINK TO EXTERNAL INFORMATION WHERE APPROPRIATE]
Google Ads (_gac_<property-id>)	This contains campaign related information for a user and is used to help you track sales and other conversions from our ads. It will expire after 90 days.	[LINK TO EXTERNAL INFORMATION WHERE APPROPRIATE]

We do not share the information collected by the cookies with any third parties.

You can choose which analytical, functionality and targeting cookies we can set by clicking on the button(s):

Strictly essential cookies OFF

Analytical or performance cookies OFF

Functionality cookies OFF

Targeting cookies OFF

However, if you use your browser settings to disable all cookies (including essential cookies) you may not be able to access all or parts of our website or certain features of it.

20 October 2022