Counterweight Limited understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Services and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account”: an account required to access and/or use certain areas and features of Our Site;
“Cookie”: a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;
“DPL”: all data protection and data privacy legislation in force from time to time that applies to the processing of data under this Agreement including EU GDPR; UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/58/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“EU GDPR”: means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016;
“Our Site”: counterweight.org;
“Our Services”: means any or all products and/or services We either directly or indirectly provide to you including but not limited to your visit of Our Site or use of any Counterweight app;
“UK GDPR”: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018;
“UK and EU Cookie Law”: the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 which implements the EU e-Privacy Directive (2002) and the complementary data protection rules given under the Data Protection Act 2018;
“We/Us/Our”: Counterweight Limited, a limited company registered in England and Wales under Company Number 11278617, whose registered address is c/o Gabb & Co, 32 Monk Street, Abergavenny, Monmouthshire NP7 5NW and whose main trading address is 85 Great Portland Street, First Floor, London W1W 7LT.
2. Information About Us
2.1.1 Our Services are provided by Counterweight Limited, a limited company registered in England and Wales under Company Number 11278617, whose registered address is c/o Gabb & Co, 32 Monk Street, Abergavenny, Monmouthshire NP7 5NW and whose main trading address is 85 Great Portland Street, First Floor, London W1W 7LT.
3. Scope – What Does This Policy Cover?
4. What Data Do We Collect?
Some data will be collected automatically when offering Our Services or visiting Our Site, other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our Services or visiting Our Site, We may collect some or all of the following data:
4.1.2 date of birth;
4.1.4 organisation/company name; 4.1.5 job title;
4.1.7 contact information such as email addresses and telephone numbers;
4.1.8 demographic information such as post code, preferences and interests;
4.1.9 financial information such as credit / debit card numbers;
4.1.10 IP address (automatically collected);
4.1.11 web browser type and version (automatically collected);
4.1.12 operating system (automatically collected);
4.1.13 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected).
For all users of the Counterweight app, the following data is collected:● Name
● Email address
● Phone number
● Mobile device information (device brand e.g. IOS, Android)
5. How Do We Use Your Data?
5.1.1 All personal data is stored securely in accordance with the DPL. For more details on security see section 6, below.
5.1.2 We use your data to provide the best possible products and services to you. This includes:
a) Providing and managing your Account;
b) Providing and managing your access to Our Services;
c) Personalising and tailoring your experience on Our Site;
d) Supplying Our Services to you;
e) For those completing a programme on the NHS, following agreed paths of communication with relevant data for safe provision of care with health care professionals involved in your care e.g., GP’s.
f) Personalising and tailoring Our Services for you;
g) Responding to communications from you;
h) Supplying you with email e.g. newsletters, alerts etc. that you have subscribed to. You may unsubscribe or opt-out at any time by selecting ‘unsubscribe’ at the bottom of any marketing email from us or emailing us directly at firstname.lastname@example.org;
i) Market research;
j) Analysing your use of Our Services and gathering feedback to enable Us to continually improve Our Services and your user experience;
5.1.3 In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data.
5.1.4 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message AND/OR post with information, news and offers on Our Services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the DPL.
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
5.1.6 you have given consent to the processing of your personal data for one or more specific purposes;
5.1.7 processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
5.1.8 processing is necessary for compliance with a legal obligation to which we are subject; 5.1.9 processing is necessary to protect the vital interests of you or of another natural person;
5.1.10 processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
5.1.11 processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
6. How and Where Do We Store Your Data?
6.1.1 We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy.
6.1.2 Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Services and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the EU GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements. Wherever possible, Counterweight has opted for EU based databases/ servers. For all third party services used by Counterweight, a Data Protection Impact Assessment has been completed to ensure that data is stored securely.
6.1.3 Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through the use of Our Services.
6.1.4 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
6.1.5 Data will be accessible only to health coaches and programme support teams. Some members of the Counterweight team are based outside of the UK. Any team members with access to patient data outside of the UK have signed a Data Protection Agreement (DPA). Counterweight applies the EU Standard Contractual Clauses to anyone outside of the UK to ensure GDPR standards are met. Counterweight is fully DSPT compliant and understands the importance of data security. Storing and deleting of data will be done as per our Data Deletion policy outlined in the table below
7. Do We Share Your Data?
7.1.1 We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, Dietetics, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
7.1.2 We may compile statistics about the use of Our Services including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
7.1.3 In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
7.1.4 For those users completing a programme with the NHS, Counterweight is obligated to report pseudonymised data back to the NHS contracts relating to programme outcomes & performance. This will also involve Your data being used in communications with health professionals involved in your care across all stages of the programme e.g. Letters to Your GP. Your data may also be used for publication in scientific journals where service data is aggregated.
8. What Happens If Our Business Changes Hands?
8.1.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the
9. How Can You Control Your Data?
9.1.1 When you submit information to access Our Services, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account).
9.1.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you from receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
10.1.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
10.1.2 You have the right to request that we erase personal data about you that we hold, as set out in section 5, at any time by contacting Us using the details set out in section 15. This is not an absolute right, and depending on the legal basis that applies, we may have overriding legitimate grounds to continue to process the data ad We will delete Your data from Our systems if your legitimate interests are not overridden by the legitimate interests of our Services to you
However, you acknowledge this may limit Our ability to provide the best possible products and services to you.
11. How Can You Access Your Data?
11.1.1 You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details, or use the contact details below in section 15.
12. Summary of Your Rights under GDPR
12.1.1 Under the GDPR, you have:
a) the right to request access to, deletion of or correction of, your personal data held by Us;
b) the right to complain to a supervisory authority;
c) be informed of what data processing is taking place;
d) the right to restrict processing;
e) the right to data portability;
f) object to processing of your personal data;
g) rights with respect to automated decision-making and profiling (see section 13 below)
13. Automated Decision-Making and Profiling
13.1.1 In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us.
The right described in section 13 does not apply in the following circumstances:
13.1.2 The decision is necessary for the entry into, or performance of, a contract between the You and Us;
13.1.3 The decision is authorised by law; or; 13.1.4 You have given you explicit consent.
13.1.5 Where We use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
We currently make the following automated decisions: n/a
We currently profile your personal data for the following purposes: n/a
14. The National Data Opt-Out Programme
The national data opt-out is a service that allows you to opt-out of your confidential patient information being used for research and planning.
You do not need to do anything if you are happy about how your confidential patient information is used.
If you do not want your confidential patient information to be used for research and planning, you can choose to opt-out securely online or through a telephone service. To find out more or to make your choice, visit https://www.nhs.uk/your-nhs-data-matters or call 0300 303 5678.
15. Contacting Us
The Data Protection Officer - Anna Bell-Higgs
85 Great Portland Street, First Floor
London W1W 7LT
Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 9, above).
This Policy has been approved and authorised by:
Name: Dr Naomi Brosnahan
Date: 22nd Jan 2024