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PRIVACY POLICY

CUSTOMER, APP, MARKETING, PROMOTIONS, EVENTS AND SOCIAL MEDIA PRIVACY NOTICE

Last updated: 01 September 2024

WHY DO WE HAVE THIS PRIVACY NOTICE?

We are Mental Strength Clothing treat individuals and their personal information with respect reflects our core values and the values of our brand(s). So, we want you to know as much as possible about what we do with your personal information. Also, you and your personal information are protected by various laws and guidance and Mental Strength Clothing is committed to upholding these and respecting your privacy and keeping your information safe. So, whilst this privacy notice is quite long, we want you to be fully informed.

In this privacy notice any reference to "us", "we", "our" or "ourselves" is a reference to Mental Strength Clothing and the particular part of the Mental Strength Clothing group that you have a relationship with and any reference to "you", "your" and "yourself" is a reference to you as an individual who has a relationship with us or is in contact with us.

This privacy notice applies to everyone who interacts with us as a customer who has purchased any of our products or services (whether in store or online), a user of any apps we provide, anyone who has signed up to receive marketing materials from us, anyone who enters any of our promotions/competitions and anyone who applies to attend any of our events or who interacts on social media with us, except to the extent that the reason you interact with us is already covered by another of our privacy notice(s). For example, our Rest of the World privacy notice will apply to your general use of our website(s).

Please note that we have a separate privacy notice that relates to personal information captured by our CCTV and Access Control systems. We also have a separate privacy notice that applies generally to individuals who apply to work for us, a copy of which will be provided to you during the recruitment/ interview process. Finally we have a separate Rest of the World privacy notice that applies to any other individual that may interact with us. You should also read these privacy notices to the extent that they may apply to your activities/ interaction with us in addition to this privacy notice.

This privacy notice provides details in accordance with applicable data protection laws about how we collect and use personal information about you during and after your relationship with us.

As this privacy notice covers a range of individuals and different types of relationships and interactions with us, not all aspects of this privacy notice will apply to you. The aspects of this privacy notice that will apply to you will depend upon the nature of your relationship and interactions with us. If you are unsure, then you can always ask us by contacting info@mentalstrengthclothing.co.uk.

THE CONTROLLER OF YOUR PERSONAL INFORMATION

For the purposes of data protection laws and this privacy notice, the controller of your personal information is whichever part of the Mental Strength Clothing group is processing your personal information. This will usually be the part of the Mental Strength Clothing group that you interact with or have a relationship with. Being a controller of your personal information means that we are responsible for deciding how we hold and use your personal information. Our main trading entity is Mental Strength Clothing Limited (Reg No 15567456) which is incorporated in England and Wales. If you are based in the UK, then this company will be the controller of your personal information. If you are based outside of the UK then the controller of your personal information may be another part of our group, but in most cases for the interactions covered by this privacy notice it will be Mental Strength Clothing Limited that is the controller of your personal information. Sometimes we may pass personal information to different parts of our group, so this privacy notice covers our whole group, and more than one part of our group may be a controller of your personal information. However, regardless of where you are based in the world, any queries you have regarding your personal information will be dealt with by Mental Strength Clothing Limited, who can be contacted at info@mentalstrengthclothing.co.uk.

YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period of your interactions with us.

WHAT IF YOU DO NOT PROVIDE PERSONAL INFORMATION?

Failing to provide some of the personal information we require may have an adverse impact on our ability to interact with you, for example we may not be able to provide you with products or services you would like to receive. However generally you are not obliged to provide us with any of your personal information.

IF YOU HAVE QUERIES OR CONCERNS JUST ASK!

We have appointed a data protection officer (DPO) to oversee our compliance with the data protection laws. If you have any questions about this privacy notice or how we handle your personal information, please contact our DPO on info@mentalstrengthclothing.co.uk.

CHANGES TO THIS NOTICE

We keep all of our privacy notices under regular review, and we may update this privacy notice at any time. The current version of this notice is available on our website or by requesting a copy from info@mentalstrengthclothing.co.uk.. If there are any material changes to this privacy notice in the future we will let you know, usually by updating the version on our website.

DATA PROTECTION PRINCIPLES

We are committed to being transparent about how we collect and use your personal information and in meeting our data protection obligations. Data protection laws say that the personal information we hold about you must be:

  • Used lawfully, fairly and in a transparent way.

  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

  • Relevant to the purposes we have told you about and limited only to those purposes.

  • Accurate and kept up to date.

  • Kept only as long as necessary for the purposes we have told you about.

  • Kept securely.

To make sure this happens we are required under applicable data protection laws to notify you of the information contained in this privacy notice. It is important that you read this document before you begin interacting with us so that you understand how and why we will process your personal information.

WHAT PERSONAL INFORMATION DO WE COLLECT?

In connection with your relationship or interactions with us, we may collect and process a wide range of personal information about you. This includes:

  • Personal contact details such as name, title, address (including billing address and delivery address), email address and telephone number(s).

  • Information about your date of birth, age, gender, marital status, and the name of any delivery recipient.

  • Details regarding or connected to products or services that you have ordered from us.

  • Details of apps that you have licensed from us to use and usage information relating to those apps, where it was downloaded from, traffic and communications data and resources accessed.

  • Device data where you use our apps or website which may include information about the device you use and the unique device identifier for example your device’s IMEA number, the MAC address of the device’s wireless network interface, or the mobile phone used by the device, mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, the IP address, device type, usernames and account details, location data which may include your current location disclosed by your own software. However, we do not use separate location tracking software.

  • Profile data including your username, purchase history, your interests, preferences, feedback and responses and any inferences drawn from any of personal data to create a profile about you to reflect your preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.

  • Content data which includes information stored on your device, including login information, videos, photographs and audio recordings or other digital content, check-ins, or your workout data that you input and upload and your social media handles, posts and information about your followers that you tag us in.

  • Payment details, payment card details, bank account details, financial transactions, and refunds.

  • Any terms and conditions relating to your relationship with us.

  • Any communications between ourselves and you.

  • Your social media handles, social media posts, information about your social media followers, information about any product/services endorsements by you and other aspects of your social media activity.

  • Publicly available personal information, including any which you have shared via a public platform, online or on social media.

  • Details of your sporting or athletic achievements and activity and related plans and progress where you tell us about them.

  • Personal history and information including hobbies, interests, and your preferences.

  • Responses and results of surveys.

  • Fraud prevention related information which may include details of other transactions you have been involved in.

  • Applications to enter or attend competitions, promotions or events, attendance at events and promotions and any results or other related personal information.

  • How you use our website as we collect information about the pages you look at and how you use them, usernames, account details and passwords, entry and exit data when you look at or leave our website, details of products, events and materials that may be interest to you, online subscription information, for example, when you subscribe to one of our updates, blogs or other materials, browser related information, cookies that are set on your device by our website.

  • Your usage of the IT systems we make available to visitors to our premises such as any visitor internet facilities at our premises.

  • IP address information which allows us to track your usage of our website.

  • Identification information including your driving license and/or passport and background checks.

  • Gym training records, professional details.

  • Size measures which allow us to pre-select suitable products for you where you have booked a personal shopping appointment at our retail store, or where you have won or been gifted a product.

  • Vehicle registration number, make and model if you are driving to visit us at our premises or an event.

  • Details of any queries, complaints, claims and cases involving both us and you including any related communications.

  • CCTV footage and other information obtained through electronic means such as swipe card records and access control systems if you visit our premises (see our separate CCTV and

  • Photographs, video footage, audio recordings and other content, for example any created as part of our marketing or promotion campaigns, which are taken at events we hold, when you enter a competition, posts made on social media or when you are on our premises or which you provide to us.

  • Any other personal information you provide to us.

We may also in some cases collect and process more sensitive special category personal information including:

  • Information about your health including any medical condition, health, and sickness records, including where you inform us about any ill-health, injury, or disability.

  • In some cases, equal opportunities monitoring information, including information about your ethnic origin, sexual orientation, health and religion or beliefs. This will usually only be where it is relevant to events, promotions, campaigns or other activities that may involve you.

If you are providing us with details of any other individuals, for example a friend of yours that you ask us to deliver our products to where you have ordered them as a present, they have a right to know and to be aware of what personal information we hold about them, how we collect it and how we use and may share that information. Please share this privacy notice with them. They also have the same rights as set out in this privacy notice in relation to their personal information that we collect.

WE AIM NOT TO COLLECT PERSONAL INFORMATION ABOUT CHILDREN

Our supply of products or services (whether in store or online), our apps, our website, events, promotions, social media, content, blogs, materials and other services we provide are not intended for use by anyone under the age of 18 years and we do not knowingly collect personal information relating to anyone under the age of 18 years old.

We may in some cases collect limited personal information related to children where they are connected to someone who is 18 or older whom we have a relationship with, for example a child may attend an event or our premises when accompanied by a responsible adult who has won a competition or who is entitled to attend one of our events.

WHERE DO WE COLLECT YOUR PERSONAL INFORMATION FROM?

Mental Strength Clothing collects your personal information in a variety of ways and from a variety of sources as set out below:

Most of your personal information is collected directly from you, for example through contact with you, through information you input into your account on our website, through information you input into our app, from orders placed by you, from correspondence with you, through your applications, entries to competitions/promotions, entries to events, attendance at events or promotions, subscriptions, memberships, from correspondence with you or through other interactions with us, when you visit our premises or other personal information you provide to us.

  • From other individuals known to you who may have given us your personal information so that we can send you any of our products as a gift.

  • From websites, the internet, social media or other platforms including public sources of information.

  • From our website, apps and information technology and communications systems, access control systems and CCTV and suppliers we use in connection with them.

  • From third parties appointed by you, for example any financial or legal advisors.

  • From third parties appointed by us, for example legal advisors appointed by us, identity or background check providers, fraud prevention organisations, data cleansing service providers or market/data research and analysis service providers.

  • From government or government related bodies, regulators, the police, law enforcement authorities or the security services.

We store personal information relating to you in our information technology systems (including our email system and our in-store monitoring and CCTV systems).

WHAT ARE OUR BASES FOR PROCESSING YOUR PERSONAL INFORMATION?

We will only use your personal information when the law allows us to. This means we must have one or more legal bases to use your personal information. Most of these will be self-explanatory. The most common legal bases which will apply to our use of your personal information are set out below:

  • Where we need to perform the contract, we have entered into with you which covers your relationship with us or to take steps to enter into that contract.

  • Where we need to comply with a legal obligation which applies to us, for example complying with laws relating to the sale of products to consumers or complying with data protection laws.

  • Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests. We have set out in the section below how we use your personal information together with more details on our legitimate interests.

  • You have given your consent. Generally, we do not rely on or need your consent for most uses we make of your personal information, but we will need your consent to directly market our products and services to you by electronic communications channels such as email or SMS/MMS.

  • We may in limited circumstances process sensitive special category personal information about you (for example personal information revealing racial or ethnic origin, religious or philosophical beliefs, or data concerning health). Where we do we also need to have one or more of the following legal bases for using your personal information.

  • Where we have your explicit consent to do so.

  • Where it is necessary for us to comply with our obligations and exercising our rights in the field of employment law, social security law and social protection law, for example processing your health information so we can ensure our app is tailored to you and your exercise regime should be safe for you to follow or making sure it is safe for you to participate in one of our events or promotions or making any adjustments necessary for you to attend our premises.

  • Where we need to protect your vital interests (or someone else's vital interests).

  • Where you have already made public the personal information.

  • In establishing, exercising or defending legal claims, whether those claims are against us or by us.

  • Where it is necessary in the public interest.

In some cases, more than one legal bases may apply to our use of your personal information.

HOW WILL WE USE YOUR PERSONAL INFORMATION?

There are many ways we will need to use your personal information in the context of your relationship with us. We have set out the main uses below and indicated the main applicable legal bases of processing, but there may be other specific uses which are linked to or covered by the uses below.

  • We will process your personal information to perform our relationship with you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. We may also in some limite