This policy was originally drafted in English. If there is a discrepancy or conflict between a version of the terms in another language and the English version of these terms then, to the extent permitted under applicable law, the English version of these terms shall prevail.
In relation to collecting, controlling and processing such personal data, this policy also sets out your rights and our obligations.
When we collect, control and process your personal data our foremost objective is for you to have complete trust and confidence in us.
When processing personal data on our behalf, any third party data processors are obliged to comply with this policy. Disciplinary action may be taken against any third party that commits any breach of this policy.
- Who are we?
We are Cusoon Magnets Ltd (“we/our/us”). We are a company registered in Spain with company number CIF W8262744I. Our registered office address is C / Fidel, 29 – NAVE 8 / Casillas Industrial Estate 30007 – Casillas (Murcia), Spain
For the purposes of the Data Protection Act 1998 (“the DPA”) and the General Data Protection Regulation ((EU) 2016/679) (“the GDPR”) we are a data controller and a processor of personal data and sensitive personal data provided to us through JOY ON’s Platforms by you.
- What is our Mission?
At Cusoon Magnets LTD we are committed to creating innovative smart technology for women and women’s health as well as being fully committed to protecting your personal data. One of our main priorities is to foster a relationship of trust with you as a user of JOY ON’s platforms, products and services. We take real steps to keep your data safe, private and confidential. These steps include:
- i) maintaining complete transparency about how, when and why your personal data is controlled and processed by us.
- ii) giving you the ability to control the personal data we collect from you and allowing you to choose our ability to process that personal data
iii) if allow us to process your personal data, we will try to make it as clear as possible what the specific reasons of why and how that data may be collected, used, transferred and processed.
- What is personal data?
Personal data means any information relating to an “identified” person or an “identifiable natural person”. An “identifiable natural person” is one who can be identified, directly or indirectly, in particular reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
Sensitive personal data, including but is not limited to, data which concerns health or sex life and sexual orientation and/or reveals racial or ethnic origin.
Further information on the specific types of personal data and sensitive personal data we may control, and process said data is set out in paragraph 5, below.
- What is the personal data that we may control and process?
While you use JOY ON’s Platforms, we may collect and process various types of personal data, sensitive personal data and other information from you. Personal data may also be collected when you contact us by phone, email or otherwise. Data collected will vary depending on how you use JOY ON’s Platforms and will also depend on whether or not you have given consent for us to collect personal data from you. Further information of the type of data we collect and how we collect such data is set out in paragraph 5, below under the heading “How Personal Data is collected”.
By using our products or services in conjunction with JOY ON’s Platforms and/or JOY ON’s Platforms, you agree and allow us to collect and process the personal data provided in such use, the purposes of which will made clear at the time of collection.
The DPA and the GDPR and certain applicable United States federal and state laws and regulations (here on referred to as the “Legislation“) is subject to legal safeguards as stipulated by said legislation. The personal data we collect from you may be stored on paper or on a computer or using other media.
- How do we collect personal data?
We may collect personal data and sensitive personal data in multiple ways, both passively and actively. Personal data we may collect from you, and how such data may be collected, includes but is not limited to:
- i) Necessary Data.This is data that we need to collect in order to provide you with access to and activate your JOY ON’s Platforms account, this also allows you to access and use your accounts with different devices. This date also includes data used to fulfil any order for products or services you place through JOY ON’s Platforms. According to the applicable Legislation you are able to delete personal data when you wish we use your necessary data to accomplish this. Necessary Data may also be used to provide you with information about products you may be interested in or similar products and services that we provide. (“Necessary Data”)
Necessary Data includes but is not limited the following, your name, login information, billing address, email address and delivery address.
This data is collected by us when you fill in and submit relevant forms through JOY ON’s Platforms. The forms have appropriate fields for the Necessary Data that we need to collect to provide you with these products and services.
- ii) Optional Data. This is data which is not necessary for us to collect in order to provide our services and products, but information which you choose to provide to us (“Optional Data”).
Optional Data includes but is not limited to the following, your reasons for using the Platforms or product, your age and the number of children you have. Optional Data may also be used to analyze your requirements and provide you with information about other products and services we provide which may be of interest to you as a consumer.
Optional Data will be collected by us when you submit an account registration form through the Platforms which contains that data.
If you choose to do so, at any time you may be able to actively provide us with additional Optional Data. This data will be collected and used in accordance with the terms set out in this document.
iii) Product Data. This is data that is collected by us in the course of you using our products in conjunction with JOY ON’s Platforms passively (“Product Data”). When such Product Data is collected it is made anonymous. When viewing Product data we are unable to identify individual users or persons. In exceptional circumstances and when applicable laws allow, for example, if there is a need for us to identify you for the purpose of product recall, we are able to reidentify Product Data.
Product Data includes the following but is not limited to, data concerning your performance and workouts with the Kehel and Joy ON Kegel Weights apps. Product Data may also be used to analyze your requirements and provide you with information about other similar products and services we provide which may be of interest to you as a consumer.
By using JOY ON’s Platforms and JOY ON’s products you will produce data on how they are used. For example, such Product Data may include data relating to your individual workout performance and data about how your work outs progress over the course of time. This data is collected as it is transmitted to JOY ON’s Platforms
- iv) Platform Data.This is data which is collected by us passively as you use and browse the JOY ON’s Platforms (“Platform Data”).
Platform Data includes the following but is not limited to, web cookies, your device’s Internet Protocol (IP) address, browser type and version, which pages you visit on JOY ON’s Platforms and how long you spend on each page, your device’s time zone settings, the time and date of your visit and the operating system or platform you use to access JOY ON’s Platforms, information about your visit is collected, including the full Uniform Resource Locator (URL) which you use to access the Platform. We also collect the clickstream to, through and from JOY ON’s Platforms (including date and time of each), page response times, download errors, length of visits to certain pages within the Platforms, any products you have viewed or searched for, page interaction information (such as scrolling, clicks, and mouse-overs), and methods such as those used to browse away from the page. We collect Platform Data during or after you use JOY ON’s Platforms. Platform data may or may not be made anonymous according to applicable law and will be used as described below in paragraph 6.
- How do we use your personal data?
Necessary Data may be used to fulfil orders or contracts placed through JOY ON’s Platforms. Necessary Data is also used to create your user account so that you can gain access to JOY ON’s Platforms. For example, if you have purchased a product on your website you provide us with your shipping address so that we can pass this information to the courier and they can deliver the product to you.
In line with our mission to understand how smart technology can improve women’s lives using medical, scientific and statistical research. This means that Optional Data may be used to help understand how and why customers use JOY ON’s Platforms and products. We then use this data to try and improve our products and therefore making them more effective at fulfilling our customers’ needs.
Product Data may also be used to help us achieve this goal. Product Data is used to help you utilize JOY ON’s platforms and products full potential. We track your usage and analyze your likely wants and needs for the products and services we provide to you.
Product Data that is linked to your account can only be viewed by you – When we or third parties allowed by us view your Product Data it is made anonymous. Individual users’ Product Data is not shared with third parties, only broad combined product data is given along with the results of our analysis using this combined data is disclosed to third parties. The only exception that would require us to access and assess your individual Product Data directly and for which we would ask your express permission to do so is to resolve a problem you are having with the product.
Platform Data may be used help us understand customer behavior in order for us to develop or optimize the following:
- how JOY ON’s Platforms are used by customers;
- services provided to customers on JOY ON’s Platforms;
- information provided to customers which use JOY ON’s Platforms;
- online advertising effectiveness.
Personal Data is all stored on secure servers in accordance with the Legislation and reasonable security practices.
Credit card or banking details are not stored by us.
Where you have chosen or been given a password to enable access to or use certain parts of JOY ON’s Platforms, it is your sole responsibility to keep this password confidential from others. Do not share this password with others and if you suspect someone has gained access to it you must change it.
- What are your rights? and what our obligations?
Your personal data may also be processed without your express written consent if there is a legitimate need to do so, for instance, internal administrative purposes, or to make sure that your electronic information is secure.
We must gain separate consents for each distinct type of processing operation, if we are controlling and processing your personal data on the basis of having your consent.
If you have given us your consent to process and control your Personal Data, you have the right to withdraw this consent at any time. The lawfulness of any processing prior to the withdrawal of this consent will not be affected. In order to exercise your right to withdraw consent to our data processing and controlling at any time please contact us via [email protected]
Data Retention, Erasure and Rectification
We will store and retain your Personal Data for the length of time that you hold a user account with us on JOY ON’s Platforms. Such data may also be retained for a reasonable period of time following the deactivation of your user account. This is for the purpose of reenabling your user account more easily, or for a period of time as required by applicable law or Legislation.
Under applicable Legislation you have the ‘right to be forgotten’, or erasure. You have the right to request us to erase any and all personal data we hold about you, and that we should erase such data without undue delay, this is provided that you are able to demonstrate one of the following to us:
- that the processing of your personal data is no longer necessary for the purpose of which it was collected;
- that you rescind or withdraw your consent for us to the process and control your data AND that there is no other legal ground for us to continue processing this data;
- that you object to the processing of your Personal Data under regulation 21 of the GDPR and that there are no overriding legal grounds for our processing to continue;
- that the personal data we store must be erased in order to comply with national laws or legal obligations;
- that the personal data given actually belongs to a child who is under the age of 16 AND that no consent is/was given or authorized by the holder of parental responsibility for the child.
You have the “right to rectification”, the right to correct any inaccurate personal data which we hold relating to you. This also means that you have the right to complete any incomplete Personal Data. In order to exercise the right to rectification please contact us at [email protected]
You have the right to receive your Personal Data stored by us in a structured, commonly used and machine-readable format. You have the right to transmit such data to other data controllers. We will not hinder this while we process that data (based upon your consent to do so), or where it is necessary to process said data for the performance of a contract, or when the processing is carried out automatically.
Subject Access Requests
As a data subject you are entitled to make a formal request for any and all information, we hold about you. A copy of this information, the reasons it is being processed and whether it will be given to any other organizations or people will be provided to you provided that you make a formal request in writing to us.
- How do we treat children’s privacy?
JOY ON’s Platforms and the services and products said Platforms provide are not marketed to, and should not be used by, anybody under the age of 16.
Personal Data from children under the age of 16 is not knowingly collected by us. If we discover that a child under the age of 16 has provided us with personal data, such data will be deleted from our servers by us. Unless we receive consent or authorization by the holder of parental responsibility over the child.
- Do we share or transfer personal data?
For the transmission of data to our systems we use industry standard encryption. We adhere to industry standards to give your data the most appropriate protection possible, although we cannot guarantee the absolute safety of transmission of data via the internet.
Sharing of Personal Data:
Any personal data we hold may be shared with any member of our group, which means any of our subsidiaries and our ultimate holding company and any of its subsidiaries.
With your consent, or with an otherwise lawful reason for doing so under the Legislation, we may also disclose personal data we hold to third parties.
For example, we may share your information with third parties:
- in order for the products and services we provide to you through JOY ON’s Platforms to be provided and improved;
- in the event that we initiate the sale or purchase of any business or assets – in this case personal data we hold may be disclosed to the prospective seller or purchaser of such business or assets;
- in order to analyze how our services are used by both users and services;
- if a third party acquires us or substantially all of our assets, personal data we hold will be one of the assets transferred as a part of the sale;
- in order to comply with any legal obligation which means we are under a duty to disclose or share your personal data;
- in order to enforce or apply any contract with the data subject or other agreements;
- in order to protect our rights, property, or safety of our employees, customers, or others. For example, this may include the exchanging of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Use of Third Party Platforms:
If you have informed Google that you use JOY ON’s Platforms, we may also use Google Ads to build custom “lookalike” audiences in order to help us to identify new potential customers and users of JOY ON’s Platforms and products on the basis that those new potential users share similar characteristics with you on Google. More information about Google Ads is here.
Similarly, if you have informed Facebook of the fact that you use JOY ON’s Platforms, we may also use Facebook’s advertising service known as “Facebook lookalike audiences”. Facebook lookalike allows us to identify new potential customers and users of JOY ON’s Platforms and products on the basis that those new potential users share similar characteristics with you on Facebook – for example, on the basis that both users have “liked” the same or similar Facebook pages. Therefore, in order to facilitate this, we may share your email address and name with Facebook if you have logged into the Platforms via your Facebook account, or have downloaded JOY ON’s Platforms onto your device through a Facebook advertisement or otherwise. More information about Facebook lookalike audiences is here.
Data transfers outside the EEA:
Any personal data we hold may be transferred to a country outside the European Economic Area (EEA), provided that at least one of the following conditions applies:
- you have given consent for us to do so;
- transfer of said data is necessary according to the reasons set out in the DPA and/or GDPR, including but not limited to the protection of your vital interests;
- transfer of said data is legally required based upon important public interest grounds or for the establishment, exercise or defense of certain legal claims;
- transfer of said data is authorized or allowed by the relevant data protection authority and where we have placed adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of those rights.
- California Consumer Rights
Under California Civil Code Section 1798.83, California residents have the right to obtain:
(a) a list of all third parties that we may have disclosed your personal information to within the past year for direct marketing purposes; and
(b) a description of the categories of personal information disclosed. To obtain such information, please email your request to [email protected]
- Changes to this policy
This policy may be changed over time and we reserve the right to do so at any time. Where appropriate and if necessary, for major changes, we will notify you, as a data subject, of those changes by the email with which you have provided us.
- Concerns or complaints
For any concerns or complaints relating to this policy, its subject matter, how we collect, control and/or process your personal data, please send an email to [email protected] and we will get back to you as soon as possible.
If you consider that the controlling or processing of your personal data by us has infringed the GDPR, you also have the right to lodge a complaint with the supervisory authority.