Effective Date: Friday, 30 August 2024

1. Introduction

At POWERbreathe International Ltd, we value your privacy and are dedicated to guaranteeing the safety of your personal information. This Privacy Policy describes how we gather, utilise, and protect your personal data when you make use of our mobile application and associated services (collectively referred to as the “App” or “Services”). The intention of this policy is to offer you clarity about our data procedures. We kindly ask you to peruse this policy attentively before utilising the ActiBreathe® App.

If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Administrator by contacting us at [email protected]

2. How We Collect Personal Data

We collect personal data from various sources, including:

• You, when you provide information during the account setup process and through interactions with the ActiBreathe® App.
• The POWERbreathe Smart Adaptor which records inspiratory and expiratory pressure waveforms over time during tests and training sessions.
• Third-party partners, such as research institutions, clinics, coaches, or other organisations that engage with our Services.

We collect and store a variety of information using Legitimate Interests as our legal basis. We have a Legitimate Interest for collecting data which is to be reasonably expected for the purposes of:

  • Running our business.
  • Creating an App with an excellent user experience.
  • Meeting your product expectations.
  • Fulfilling our legal obligations.

4. Personal Data We Collect

Contact details: such as your first and last name, email and mailing address, and phone number.
Profile data: such as username and password that you may establish to create a POWERbreathe account, as well as any photographs or information you choose to include in your POWERbreathe profile including your nationality and ethnicity.
Communications that we exchange with you: including when you contact us via email, web app, or mobile app with questions, feedback, or reviews.
Wellness Data: Such as your physiological profile, including birthday, sex, weight, height, fitness/athlete level (e.g., professional or recreational), lung health, smoking history, Breathing Strength Test records and raw pressures, metadata on workouts including the raw inspiratory and expiratory pressures,  type of physical activity you engage in, the duration of your activity, the inspiratory and expiratory pressures you produced during that activity and the details of the respiratory muscle trainer and its respective settings that were used during the activity. Metadata on goals including the training protocol you are to follow comprising of; what resistance type you will train with, what level, how often and for how long, when you set a goal as well as your compliance following said goals by recording how many activities you have performed as part of that goal.

5. How We Use Personal Data

We process Personal Data to operate, enhance, comprehend, and personalise our Services. Personal Data is utilised for the subsequent objectives:

  • Deliver, manage, enhance, advance, interpret, and customise the Services and our operations, including testing, research, analysis, and product evolution.
  • Creating and managing your account
  • Verifying your identity, keeping your details secure
  • Fulfil the purpose for which you provided the data, including responding to and fulfilling requests.
  • Communicate pertinent information about the Services, including Service-related notifications, updates, or promotional offerings.
  • Provide assistance and support for the Services; Establish and oversee your account or other user profiles.
  • Tailor communications based on your preferences.

Research and development:

We may generate and utilise Aggregated Data, De-identified Data, or other anonymous data derived from the Personal Data we collect, including Wellness Data, for our business objectives. This includes scrutinising the effectiveness of the Services, augmenting and introducing features to the Services, and analysing the general behaviours and attributes of Service users. Furthermore, we employ anonymous Wellness Data for research endeavours to aid both us and our research collaborators in addressing significant enquiries about human performance. This pursuit facilitates the enhancement of our member experiences through the identification of cutting-edge insights and the provision of novel content and product functionalities.

Adherence and safeguarding:

  • Shield against or discourage fraudulent, unlawful, or injurious activities and uphold the safety, security, and soundness of our services.
  • Adhere to or enforce our legal or contractual commitments, resolve disputes, and implement our Terms of Use and Terms of Sale.
  • Audit our internal processes to ensure compliance with legal and contractual prerequisites as well as internal policies.
  • Safeguard our rights, your rights, and the rights of others, along with privacy, safety, or property interests (including the initiation and defence of legal claims). Additionally, respond to law enforcement solicitations and adhere to pertinent laws, court orders, or governmental regulations.

6. How We Share Personal Data

We might disclose personal data to:

  • Expert consultants, like legal advisors, auditors, financial institutions, and insurers, essential during their provision of professional services to us.
  • Authorities and other entities, encompassing law enforcement, government bodies, and credible private parties we genuinely believe require such information to adhere to the law or legal procedures in good faith. Please be assured: We provide only the information they need to perform their specific services. They may only use your data for the exact purposes we specify in our contract with them. We work closely with them to ensure that your privacy is respected and protected at all times. If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
  • If you are outside the UK, we may pass your details on to one of our local distributors who may be better able to help you with a query or support.

7. How You May Share Personal Data Through POWERbreathe

Entities under management. If your utilisation of the Services is conducted on behalf of or under the governance of a managing entity, such as a research institution, clinic, coach, or another entity with which you are associated, your account particulars and Personal Data could be disclosed to the managing entity, contingent upon your agreement. By doing so, you grant your consent to the managing entity to facilitate the potential public sharing of that information, with any exceptions stated by specific features of the Services that might supersede such control.

8. Your Choices

Access and Deletion:

Upon logging into your account, you can retrieve specific information you’ve given us, including your first and last name, wellness data, and other profile information. Should you desire access to your account data or its complete removal, please contact us via [email protected] or employ the “Privacy Preferences” feature accessible within the ActiBreathe® App. For such access or deletion requests, you will be required to complete a verification form. This process ensures that you possess the authority to initiate access or deletion of your account.

We may retain certain Aggregated Data or De-identified Data derived from or encompassing your Personal Data even after you update or erase it.

Geolocation Data:

You hold the ability to enable or disable the collection of geolocation data by managing the location services on your mobile device. Refusing access to this data will prevent us from offering specific Services, functionalities, or features to you.

Wellness Data:

The collection of further Wellness Data can be halted by discontinuing your utilisation of the POWERbreathe Smart Adaptor.

Marketing Communications:

You maintain the option to opt out of marketing-related emails and other communications by following the provided opt-out or unsubscribe instructions within the marketing-oriented correspondence.

However, certain non-marketing emails concerning the Service cannot be opted out of.

In instances where we process your personal data grounded on our legitimate interest, you have the prerogative to request cessation for any reason. We will comply unless we believe there exists a compelling, prevailing reason to continue the processing of your personal data. In such cases, we will elucidate the basis for our decision, which is generally rooted in legal considerations.

9. Other Sites and Services

The ActiBreathe® App may contain links to third-party websites and services. We are not responsible for the privacy practices of these third parties. You can learn about and control how these third parties use and share personal data by reviewing their privacy notices.

10. Data Security and Retention

We implement multiple physical, technological, organisational, and administrative security protocols tailored to safeguard the Personal Data we amass. While we make diligent efforts to preserve the confidentiality of your account and other Personal Data within our custody, it’s important to note that no security measures are entirely infallible, and we cannot provide an absolute assurance regarding the security of your Personal Data.

We uphold the retention of Personal Data for a duration that is reasonably necessary to fulfil the intentions outlined in this Privacy Policy, as long as a business necessity persists, or as mandated by applicable laws (e.g., for taxation, legal, accounting, or analogous motives). The duration will be determined by the longer of the two conditions.

11. Personal Data of Children

The ActiBreathe® App is not designed for individuals under the age of 13. If we discover we have gathered personal data from a child, we will promptly proceed to erase it. If you suspect that a child under 13, as applicable, might have provided us with Personal Data, we kindly ask you to contact us at [email protected].

12. Processing of Personal Data in the United Kingdom

To provide the Services, we will engage in the processing of your Personal Data within the United Kingdom, which is the location of POWERbreathe’s operations. Should this processing encompass the transfer of Personal Data to Europe and be subject to European data protection regulations, such transfer will be executed in accordance with the applicable prerequisites of the law. These may include standard contractual clauses, consent obtained from the individual, or other circumstances permitted under European data protection law.

13. Changes to This Privacy Policy

As part of our ongoing efforts to enhance our Services, periodic updates to this Privacy Policy may be necessary. Notifications regarding such changes will be communicated through various channels, including notices within the ActiBreathe® app, emails, or alternative means. Should you continue to utilise the Services subsequent to the posting of any alterations to the Privacy Policy, it signifies your acceptance of all the modifications.

14. Contact Us

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected] or at the mailing address below:

POWERbreathe International Ltd, Northfield Rd, Southam, Warwickshire, England, CV47 0FG United Kingdom

If you are unhappy with our processing of your Personal Data; or our handling of a related request you can complain to us at [email protected] or to the ICO at https://ico.org.uk/concerns.

15. Privacy Notice for California Residents:

We are providing this supplemental privacy notice to consumers in California, in accordance with the California Consumer Privacy Act of 2018 (the “CCPA”).

We refrain from selling Personal Data, as elaborated in this Privacy Policy. You can also instruct us to share your data, as detailed in the “How You May Share Personal Data Through POWERbreathe” section of the Privacy Policy.

Rights under California Privacy Law: If you are a resident of California, you possess the subsequent rights:

  • Information: The categories of Personal Data we gather are specified in the “Personal Data We Collect” section above, along with the sources from which we collect this data in the “How We Collect Personal Data” section. Our utilisation and sharing of this data for specific purposes are outlined in the “How We Use Personal Data” and ” How We Share Personal Data” sections above.
  • Access: You retain the right to request a copy of the personal information that we maintain regarding you.
  • Deletion: You can request the deletion of the personal information we have obtained from you.
  • Opt-Out of Personal Data Sale: We do not engage in the sale of Personal Data.

It’s important to note that the CCPA may impose limitations on these rights. For instance, certain sensitive information may not be provided in response to an access request, and the circumstances under which deletion requests must be fulfilled might be restricted. The exercise of the rights mentioned above is assured without any discriminatory action. To exercise these rights, kindly proceed as follows:

  • To inquire about accessing or deleting Personal Data acquired through your usage of the Services, you can either (i) email us at [email protected] or (ii) make use of the “Account Settings” feature accessible in the ActiBreathe® App’s settings.
  • To ensure your identity before addressing your requests, we may ask you to confirm specific information available in our records about you or your interactions with us. In situations requiring additional Personal Data for identity verification, we will solely employ this data for verification purposes, ensuring your identity or your authorisation to request on behalf of another consumer.
  • Authorised Agents: Residents of California have the option to authorise an “authorised agent” to initiate requests on their behalf. Your designated agent may follow the same process, though we may mandate the agent to provide written permission, signed by you, allowing them to act on your behalf. Additionally, you might be required to independently verify your identity with us and confirm the agent’s authorisation to submit the request.

16. Privacy Notice for European Residents:

If you are a resident of the European Economic Area, the United Kingdom, or Switzerland you may have additional rights under the General Data Protection Regulation (the “GDPR”) which POWERbreathe is compliant with.

Controller and European Representatives:

POWERbreathe International Ltd. will be the controller of your Personal Data processed in connection with the Services.

17. Governing Law

These Policy Terms shall be governed and construed exclusively in accordance with the laws of England without regard to its conflict of law provisions.

18. Changes to Terms

We reserve the right to update or change these Policy Terms at any time. Your continued use of the ActiBreathe® App after we post any modifications to the Policy Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Policy Terms.

19. Contact Information

For any questions about these Policy Terms, please contact us at: [email protected]

(E & OE).