Privacy policy

INTRODUCTION

Welcome to the privacy policy for Bike For Good Ltd (trading as SWITCH UP) (collectively referred to as “we”, “us” or “our” in this privacy policy).

This privacy policy applies to all uses of the online bike rental subscription service (Service) provided by SWITCH UP.

SWITCH UP respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use the Service and/or when you visit our website (regardless of where you visit it from) and will tell you about your privacy rights and how the law protects you.

1. IMPORTANT INFORMATION AND WHO WE ARE

1.1 PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how SWITCH UP collects and processes your personal data related to its provision of the Service. It applies to all personal data provided by you and/or collected by SWITCH UP via your use of this website (including without limitation when you purchase a product or service via this website) and via any other Direct Interaction that you may have with SWITCH UP related to the Service.

This website is not intended for persons under the age of 18 and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other 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 and is not intended to override them.

1.2 CONTROLLER

Bike for Good (trading as SWITCH UP) is the data controller and is responsible for your personal data. We have appointed a Gregory Kinsman-Chauvet 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 set out in paragraph 11, please contact the data privacy manager using the details set out below.

1.3 CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Bike for Good Ltd (trading as SWITCH UP)

Email address: hello@switchupbikes.org.uk

Postal address: 65 Bike For Good, 65 Haugh Road, Glasgow, Ecosse, Scotland, G3 8TX

1.4 CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review. This version was last updated on [27/04/2023].

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1.5 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, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Location Data includes your precise location while using the Service collected via GPS, wireless networks and other location-based features which track the location of SWITCH UP bicycles (particularly E-Bikes).
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, 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.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose (Aggregated Data). 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

2.1IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data 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 the Service). In this case, we may have to cancel a service you have with us but we will notify you 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 filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

a)apply for our Service;

b)create an account on our website;

c)subscribe to our Service or publications;

d)request marketing to be sent to you;

e)enter a competition, promotion or survey; or

f)give us feedback or contact us.

g)apply for a mechanic to visit you to conduct a repair

h)applications for new bikes after a theft

i)When collecting a new bicycle

Automated technologies or interactions. As you 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. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see paragraph 6 for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below.

a)Technical Data from the following parties based inside and outside the UK:

analytics providers such as Google;
Sub-processors as set out at paragraph 13;
advertising networks; and
search information providers.

b)Contact, Financial and Transaction Data from providers of technical, payment and delivery services inside and outside the UK.

Stripe, UK https://stripe.com/gb

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 as defined in paragraph 13 (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.

Please see paragraph 13 to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

5.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 appropriate.

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	Performance of a contract with you
To process and deliver your order including: (a) Management of payments, fees and charges (b) Collection and recovery of money owed to us	(a) Identity (b) Contact (c) Financial Transaction (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To allow us or the maintenance service provider to contact you regarding: (a) The distribution or redistribution of bicycles (b) All maintenance, repairs and exchanges	(a) Identity (b) Contact (c) Technical (d) Profile (e) Marketing and Communications	Performance of a contract with you
To allow us to track the location of bicycles (particularly E-Bikes) in the event of a suspected: (a) Loss (b) Theft (c) Unauthorised use	(a) Identity (b) Contact (c) Technical (d) Location	Necessary for our legitimate interests (to recover lost property and prevent theft or financial loss)
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	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
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 and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our services, to develop our services , to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To provide Service updates (including firmware updates)	(a) Technical (b) Profile (c) Usage (d) Marketing and Communications	Necessary for our legitimate interests (to develop our services and grow our business, to keep our website updated and relevant)
To arrange to deliver/collect bicycles	(a) Identity (b) Contact (c) Technical (d) Profile (e) Marketing and Communications	Performance of a contract with you
To inform you of news, events and activities and suggest services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop our services and grow our business)

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 compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.1MARKETING

You can ask us to stop sending you marketing messages at any time by following any opt-out links on any marketing message sent to you or 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 for other purposes.

5.2PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

5.3 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 Service purchase, Service experience.

6.COOKIES

Our website only uses cookies which are essential for the website to function properly and which help to provide you with a better online experience. A cookie is a small file of letters and numbers that we that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.

Cookie Title Cookie Name	Purpose	More information
Cookie Title: Cookie titles: Facebook (Pixel Pixel ID: 1674418366341695) Cookie Name: SWITCH UP Pixel	Ccookie purposes: This cookie allows us to record page visits and sources from Facebook so we can measure the performance of our Facebook content, using a service called Facebook Pixel.	For more information about Facebook’s privacy policy, and more details on how this cookie operates, visit: https://www.facebook.com/policies/cookies

If you disable cookies, please note that some parts of this website may become inaccessible or not function properly.

7.WHO WE SHARE YOUR PERSONAL DATA WITH

We may share your personal data with the parties set out below for the purposes set out in the table at paragraph 5 above:

* * Sub-Processors as defined in paragraph 13.

* * * 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 instructions.

8.INTERNATIONAL TRANSFERS

Some of our Sub-Processors are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside of the UK.

Velogik Digital:

25 rue de Sèze, 69006 Lyon,

https://www.velogik.com/en/

9.KEEPING YOUR PERSONAL DATA SECURE

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.

10.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. 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, whether we can achieve those purposes through other means, and our legal and regulatory obligations which we must comply with when we collect and process personal data.

We shall retain information about our customers (including Contact, Identity, Financial and Transaction Data) for a period of five years after they cease being customers in order to deal with any complaints and claims.

In some circumstances you can ask us to delete your data. Please see paragraph 11 below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

11.YOUR LEGAL RIGHTS

If you have any questions about our use of your personal data, you are welcome to contact us. You will find our contact details at the top of this page. If you notice any errors in your personal data, you have the right to have them corrected.

You have certain rights under the Data Protection Legislation which apply in certain circumstances:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

• 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.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

• 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.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• 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 products or services 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 us. However, you should note that, you are not always entitled to exercise each of these rights (except for the right of access). The rights which you are entitled to exercise depend on a number of factors including the lawful basis on which we rely to use your personal data. Therefore, if you make a request to exercise a right which is not available to you, we have the right to decline the request. You can request access to your personal data at any time and this does not depend on the lawful basis of our processing – we will explain to you if exemptions apply or if the right of access is not engaged. In some circumstances, you may be able to exercise your rights, but this will impair your ability to use the services we offer.

You will not usually 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.

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.

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.

12.HOW TO MAKE A COMPLAINT

You have the right to make a complaint at any time to the ICO, the UK regulator for data protection issues. If you are a customer located in the EU you can if you wish complain to your local data protection supervisory authority. Further details about your rights can be found on the ICO’s website at https://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.

13.GLOSSARY

A.LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

B.THIRD PARTIES

SUB-PROCESSORS

a) Service providers who provide maintenance, repairs and exchanges acting as sub-processors such as MOTION FORWARD LIMITED (trading as VELOGIK UK), incorporated and registered in Scotland with company number SC684258 whose registered office is at City Point 3rd Floor, 65 Haymarket Terrace, Edinburgh, Scotland, EH12 5HD.

B) Certain technical services: hosting, deduplication, data quality, customer knowledge are entrusted to our technical service providers, Velogik Digital. 25 rue de Sèze, 69006 Lyon. https://www.velogik.com/en/