PRIVACY AND SECURITY

Introduction

Welcome to the Frog Bikes privacy notice.

Frog Bikes respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from), and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. . Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Frog Bikes collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our marketing list, purchase a product, activate your warranty, or set up an account.

We may, with your consent, collect limited personal data relating to your child through our website. For example, we may ask for your child's date of birth when you register to extend the warranty for their bike on our website. We do not make it a contractual requirement to provide your child’s personal data.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.

Controller

Frog Bikes Limited is the controller and is responsible for this website.

If you have any questions about this privacy notice, please contact the Data Privacy Manager, using the details set out below.

Contact details

Our full details are:

Full name of legal entity: FrogBikes Limited

Company Number: 7958824

Name or title of person who manages queries relating to privacy notice: Data Privacy Manager

Email address: info@frogbikes.com

Postal address: Unit 7 - 9 Silwood Business Centre, Buckhurst Road, Ascot, SL5 7PW, UK

Telephone number: +44 (0)1784 557300

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

By email:         Please complete the form at https://ico.org.uk/global/contact-us/email/

By phone:        +44 (0)303 123 1113

By post:           Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

If you are in the EU -

Frog Bikes Ltd takes the protection of personal data seriously, and has appointed DataRep as our Data Protection Representative in the European Union so that you can contact them directly in your home country. DataRep has locations in each of the 27 EU countries, Norway and Iceland in the European Economic Area (EEA), so that Frog Bikes Ltd's customers can always raise the questions they want with them.

If you want to raise a question to Frog Bikes Ltd, or otherwise exercise your rights in respect of your personal data, you may do so by:

• Sending an email to DataRep at datarequest@datarep.com quoting Frog Bikes Ltd in the subject line
• Contacting us on our onine webform at www.datarep.com/data-request or
• Mailing your enquiry to DataRep using the correct address from the list below

PLEASE NOTE: when mailing enquiries, it is ESSENTIAL that you mark your letters for 'DataRep' and not 'Frog Bikes Ltd', or your enquiry may not reach DataRep. Please refer clearly to Frog Bikes Ltd in your correspondence. On receiving your correspondence, Frog Bikes Ltd will request evidence of your identity, to ensure your personal data and information connected with it is not provided to anyone other than you.

If you have any concerns over how DataRep will handle your personal data please refer to their privacy notice at www.datarep.com/privacy-policy.

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

This version was last updated on 8 January 2021.

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.

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 notice 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 follows:

• Identity Data includes first name, last name, username or similar identifier, title, date of birth.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Transaction Data includes details about payments from you and other details of products and 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
• 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.

If 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 goods). In this case, we may have to cancel a product order 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:

  • order our products;

  • create an account on our website;

  • request marketing to be sent to you; or

  • give us some feedback.

• Automated technologies or interactions.

  As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, http request headers, server logs, analytics software and other similar technologies. Please see our cookie policy for further details.

• Third parties or publicly available sources.

  We may receive personal data about you from various third parties as set out below:

  1. Technical Data from the following parties:

     1. analytics and search information providers such as Google based outside of the UK and the EU;

     2. advertising networks such as Facebook and Instagram based outside of the UK and the EU; and

  2. Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Credit Safe based inside the UK and EU,

  3. Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the UK and EU.

  
  

6. International Transfers

We share your personal data within the Frog Bikes Group. This will involve transferring your data outside the UK and European Economic Area (EEA).

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules". For further details, see European Commission: Binding corporate rules.

A small number of our external third parties are based outside of the UK or European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the UK or EEA.

Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

• Where we use providers based in non-EU or UK countries, we may transfer data to them if we have standard contractual clauses in place to protect the processing of such data, to the same standards as within EU/UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

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.

Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We have put in place procedures to deal with any suspected personal data breach and will notify you and/or the ICO 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 necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may 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.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data

• Request correction of your personal data

• Request erasure of your personal data

• Object to processing of your personal data

• Request restriction of processing your personal data

• Request transfer of your personal data

• Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us.

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 may 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 may 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.

10. Impressum

11. Glossary

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

THIRD PARTIES

Internal Third Parties

Other companies in the Frog Bikes Group, being Frog Bikes Inc and Frog Bikes Canada Ltd, acting as processors and who are based the US and Canada, respectively, and provide IT and system administration or marketing services and undertake leadership reporting.

External Third Parties

1. Service providers acting as processors based within the EEA and UK who provide IT and system administration services.

2. Service providers acting as processors based outside the EEA and UK including but not limited to:

   • Constant Contact in the US: an email marketing service; and

   • Sports Industry Credit Association (SICA) in Canada who perform credit checking for trade customers only in USA and Canada

3. Professional advisers acting as processors or as data controllers including lawyers, bankers, auditors, insurers and credit checkers based within the EEA and UK who provide consultancy, banking, legal, insurance, accounting and fraud prevention services.

4. HM Revenue & Customs, regulators and other authorities acting as processors or data controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data 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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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.

Frog Bikes Limited   8 January 2021