Verve Cycling Privacy Policy and Terms of Use

Your privacy is important to us. Please take the time to carefully read our policy before using our website, and contact us if you have any questions or concerns. This site is owned and operated by Tough Torque Limited trading as Verve Cycling together with its subsidiaries and affiliates (collectively “We”, “Us” or “Our”). By using this site, you signify your agreement to the Privacy Policy and Terms of Use. If you do not agree with these terms, please do not use this site. We reserve the right, at Our discretion, to change, modify, add, or remove portions of these terms at any time. Your continued use of this site following changes to these terms will signify your acceptance of the revised terms.

PRIVACY

Your privacy on the Internet is important to Us. As a part of the operation of this site, We gather certain types of information about users. We want you to know the types of information We gather and what We do with it.

GDPR

We have produced this privacy notice in order to keep you informed of how we handle your personal data. All handling of your personal data is done in compliance with the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation”).

What are your rights?

When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:

  • The right to be informed of how your Personal Data is used (through this notice);
  • The right to access any personal data held about you;
  • The right to withdraw consent at any time, by emailing us. The right to rectify any inaccurate or incomplete personal data held about you;
  • The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent;
  • The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
  • The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.

Who is the Data Controller?

  • If we have collected your personal data directly from you for our own purposes, we are the Data Controller.
  • If we have purchased your personal data from a third-party for our own purposes, we are the Data Controller. Where we have purchased your personal data, we will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
  • If we have been passed your personal data from a third-party for our own purposes, we are the Data Controller. We will contact you to let you know before we first start to use it, or, at the latest, within one month of acquiring it.
  • If we have been passed your personal data from a third-party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data, or, at the latest, within one month of acquiring it.
  • If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. They should have notified you that they would be passing your personal data to u at the time they collected your data and within their own privacy notices/standards. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
  • If we have received your personal data as part of a business to business relationship, the Data Controller is your employer.

What are the Lawful Basis for Processing Personal Data?

Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub-sections:

a) ‘your consent’;

b) ‘performance of a contract’;

c) ‘compliance with a legal obligation’;

d) ‘protection of your, or another’s vital interests’;

e) ‘public interest/official authority’; and

f) ‘our legitimate interests’.

About our Processing of Your Data

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 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.

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, 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.

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 may be derived from your personal data but is not considered personal data in law as this data does 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 notice.

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.

Reference What categories of information about you do we process? Why are we processing your data? Where did we get your personal data from?
B2B Marketing
  • Identity Data
  • Contact Data
Direct marketing to former, current and prospective clients. This processing is conducted lawfully on the basis of ‘our legitimate interests’. Directly obtained or by referral from existing clients/partners/suppliers.
Analytics
  • Technical Data
  • Usage Data
To understand how you use our website, how you reached us and how long you spend on our website, in order to analyse our performance and improve our service. This processing is conducted lawfully on the basis of ‘our legitimate interests’. Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Fraud Prevention
  • Identity Data
  • Transaction Data
To combat fraud, we share information of clients who instruct the payment issuer to cancel payments to us without first informing us of why and/or allowing us the opportunity to issue a refund with credit reference agencies. This processing is conducted lawfully on the basis of ‘protection of your, or another’s vital interests’. Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Contact Submission
  • Identity Data
  • Contact Data
When you send us information about you by posting on a forum or blog, we will store this information in order to make it available for viewing on the website. You consent is obtained at the time of posting and via reference to this notice. This processing is conducted lawfully on the basis of ‘your consent’. Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Direct Debits
  • Identity Data
  • Contact Data
  • Financial Data
  • Transactional Data
To setup a direct debit between your bank and ours, we pass your details to our bank and keep a copy for our records. This activity is conducted under the Direct Debit Guarantee Scheme. This processing is conducted lawfully on the basis of ‘performance of a contract’. Directly obtained.
Phone Calls
  • Identity Data
  • Contact Data
We might record calls for training and/or auditing purposes. We also collect Calling Line Identification information. This is used to help improve the efficiency and accountability of our customer services. This processing is conducted lawfully on the basis of ‘our legitimate interests’. Directly obtained.
Email and Web Contact
  • Identity Data
  • Contact Data
If you contact us through our website or by email, we will use the information you send in order to respond to your enquiry or complaint. This information will be kept in order to improve our service to you overall. This processing is conducted lawfully on the basis of ‘our legitimate interests’. Directly obtained or indirectly obtained through a client’s website (notice given at the point of collection).
Consumer Marketing
  • Identity Data
  • Contact Data
  • Transactional Data
  • Marketing and Communications Data
If you make a purchase with us, we will add your contact information to our marketing list and send you information we think you might be interested in. This processing is conducted lawfully on the basis of ‘our legitimate interests’. Directly obtained.

Our use of Cookies

Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we may use cookies:
  • to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
  • to allow essential parts of our web site to operate for you.
  • to operate our content management system.
  • to operate the online notification form – the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
  • to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
  • to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
  • to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
  • to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
  • to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for a period of time after which it will delete automatically.
  • to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

UNSUBSCRIBE

As the subject of your reply or in the message of the e-mail. We may also use your information and activity on the site to resolve disputes, troubleshoot problems and enforce Our Terms of Use.

KIDS

We recognise that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the purchaser of the product and will be treated as such by this privacy policy. If a child under 13 submits personal information to Us and We learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible.

DISCLOSURE OF COLLECTED INFORMATION TO THIRD PARTIES

We do not sell, trade, rent or otherwise provide your personal data to third parties without prior permission from you, provided, however, that third parties does not include Our subsidiaries, affiliates, licensees, partners, website hosting partners or other parties who assist Us in operating this site. We may, however, share your data in an aggregated format, as well as aggregate usage information, with third parties for both advertising and promotional purposes. Further, We cooperate with all law enforcement inquires, and with all third parties, to enforce their intellectual property or other legal rights.

LINKS TO OTHER SITES

It is important to note that this site might contain links to other sites and that those sites may not follow the same privacy policies as Us. For instance, if you clicked on an advertisement, this might take you away from this site and to an entirely different site. This includes links to advertisers, Affiliates websites, content providers, and business partners, who may use Our name and/or logos as a result of a co-branding or other agreement. These sites may send their own cookies to you and may collect data and make uses of it that We would not. We do not control these sites or use or bear any responsibility or liability for them.

SECURITY

The security of all personally identifiable information associated with users of this site is of great concern to Us. We implement a variety of security measures to maintain the safety of your personal information. Once We receive your transmission, We use reasonable efforts to ensure its security on Our systems. When credit card information is transmitted, We use SSL (secure socket layer) encryption technology. Any account information you enter on this site is password-protected so that only you can access it. You should not divulge your password or user identification number to anyone. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while We strive to protect your personal information, We can’t ensure or warrant the security of any information you transmit to Us, and you do so at your own risk. TERMS OF USE The entire content included in this site, including but not limited to text, graphics or code, is owned by or licensed to Us. We reserve the right to make changes to the content of this site at any time without notice, including with respect to our products, equipment, specifications, models, colours, and materials. You may download, view, and print text and graphics from this site, provided that such content is only used for informational, non-commercial purposes, and is not modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from this site in whole or in part without Our prior written permission. Verve Cycling and InfoCrank are trademarks or registered trademarks of Tough Torque Limited. Other trademarks, service marks, slogans, logos and trade names identified on this site are either Our trademarks or trademarks of a third party licensor or another provider. None of these marks, names or logos may be used without the prior written consent of their owner.

VERVE TRADEMARKS LIST AND ACKNOWLEDGEMENTS

These are registered trademarks of Tough Torque Limited: InfoCrank Verve Cycling Specifications and colours subject to change without prior notice. Trademarks owned by other companies that must be acknowledged:

KIP is a registered trademark of Breakaway Innovations Pty Ltd. o_synce is a registered trademark of o_synce Copyright notice: Copyright © 2013 Tough Torque Limited

DISCLAIMER

The content in this site is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not warrant that the operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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