- What information we collect
- How we may use your information
- How you can limit our sharing of information
Human Kinetics, Inc.
1607 N. Market Street
PO Box 5076
Champaign, IL 61825-5076
What We Collect
Mare Nostrum, Human Kinetics Inc., and its subsidiaries (collectively HK hereafter) recognize the importance of protecting the information gathered from users in the operation of this website and takes reasonable steps to maintain the security, integrity and privacy of any information collected. Although HK employs reasonable measures in connection with the collection, storage, and disclosure of information through the website, you should be aware that the confidentiality of any communication or material transmitted to/from HK through this website or by e-mail cannot be guaranteed. Therefore, HK is not responsible for the security of information transmitted via the Internet. By submitting your information to HK you consent to the practices described herein.
HK collects information about individuals as provided on a voluntary basis such as during the ordering process, website registration, online courses, certification tests, conference attendance, catalogue requests, surveys, or e-mail subscription requests.
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 as 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.
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 or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Users should be aware that when they voluntarily disclose Personally Identifiable Information (e.g., username, e-mail address, phone number) on bulletin boards, blogs or in chat areas of the HK site, or sites of any related companies or subsidiaries, that information, along with any substantive information disclosed in the user’s communication, can be collected and used by third parties who are not affiliated with HK. Although HK takes every precaution possible to protect your information, by choosing to post personal information in areas that are viewable to all site visitors, such as forums and blogs, you are doing so at your own risk. Posting personal information may result in unsolicited messages from other posters or third parties. Such activities are not facilitated by HK and are beyond our control.
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:
- apply for our products or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
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.
Third parties or publicly available sources.
We may receive personal data about you from various third parties [and public sources] as set out below:
- Technical Data from the following parties:
- analytics providers such as Google, based outside the EU;
- advertising networks such as Facebook, based inside OR outside the EU; and
- search information providers such as Google, based inside OR outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Shopify, or Marston, based inside OR outside the EU.
- Identity and Contact Data from data brokers or aggregators based inside OR outside the EU.
- Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
How We Use Your Information
HK reserves the right to contact a user regarding product orders, support issues and other matters relevant to the underlying service and/or the information collected.
Contact information such as name, address, and e-mail, may be shared with subsidiaries of HK, and may be used by such subsidiaries to send promotional and/or marketing information about other products, services and offerings from HK and/or its subsidiaries. Instructions on how to unsubscribe are included in every promotional e-mail.
Use of email addresses. HK does not rent, sell, exchange, or share e-mail addresses with third parties (i.e., any entity besides Mare Nostrum or Human Kinetics, Inc. and its subsidiaries) except when individuals specifically consent to allow us to do so by checking a permission box via our website or other official HK communications.
Information or files e-mailed to software technical support or sent through the technical support request system integrated into the HK site will not be used for internal marketing and sales purposes, or be sold or otherwise transferred to unaffiliated third parties.
HK reserves the right to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the site; this analysis will sometimes be used to inform advertisers of site performance. HK will provide only anonymous, aggregated data from these analyses to third parties.
We may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions; to protect the rights, property, and safety of HK’s e-commerce site, our users, or others; or to conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us. If customers do not pay us for products ordered, we may submit their account information to a third-party collection agency.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a permissions centre where you can view and make certain decisions about your personal data.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
Opt Out Details
Upon request, HK will allow any user to “opt out” of further promotional contacts at any time. Additionally, upon request, HK will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user’s request, HK will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database. Please contact us with any opt-out requests.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
When information is collected, the user will have the opportunity to indicate whether he or she would like to “opt in” to receiving promotional and/or marketing information about other products, services, and offerings from HK and/or any third parties.
Any personal information provided to or gathered by HK from users within UK, Europe and the Middle East is controlled by Mare Nostrum, a company registered in England and Wales (Company No. 2282338), with a registered office at 39 East Parade, Harrogate, North Yorkshire, HG1 5LQ. We are registered with the Information Commissioner in accordance with the Data Protection Act 1998 and conform to the GDPR legislation, Data Protection Registration no. ZA295322, Data Protection Officer: Sam Thornton.
If you wish to update your interests or communication preferences please contact us at the above address, call +44 (0) 1423 562232
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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the [Glossary] .
- External Third Parties as set out in the [Glossary] .
- Specific third parties such as Shopify, Ingenta, Adestra and Atypon.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We share your personal data within Human Kinetics, Inc. This will involve transferring your data outside the 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.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented
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.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Links To and From Other Websites
Users should be aware that links may be provided from Human-Kinetics.co.uk to other websites. Each website will vary in terms of its privacy and data protection policies. HK does not accept responsibility for the privacy policies of, and usage of, personal information collected by others including those of any partner or affiliate.
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.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
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 for tax purposes.
In some circumstances you can ask us to delete your data: see Your legal rights 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.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are:
- 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.
These rights are defined in the Glossary at the end of this web page. 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.
Warning about Fraudulent Emails
We will never request your password, user name, credit card information, or other personal information through e-mail. This practice, frequently called “phishing”, is an illegal practice designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, please do not respond and notify us immediately.
Users must be at least 18 years of age in order to have permission to use this site. We are committed to protecting children’s privacy on the Internet. We do not knowingly collect personally identifiable information from children under the age of 18. If a child has provided our website with personally identifiable information, we ask that a parent or guardian contact us and we will delete the information about the child from our files.
Contacting Human Kinetics, Inc. About Privacy Questions or Concerns
Mare Nostrum Group Ltd
39 East Parade
The foregoing policies are effective as of 26 February 2020. We may change, modify, add, or remove portions of this Policy at any time, and any changes will become effective immediately upon posting. This statement and the policies outlined herein are not intended to, and do not create, any contractual or other legal rights in or on behalf of any party.
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.
Internal Third Parties
Other companies in the Mare Nostrum or Human Kinetics, Inc Group (acting as joint controllers or processors) and who are based in UK, USA, Canada and Australia, and provide IT and system administration services and undertake leadership reporting.
External Third Parties
- Service providers (acting as processors) based in UK and USA who provide IT, system administration services, and warehousing / order processing.
- Professional advisers (acting as processors or joint controllers) including lawyers, bankers, auditors and insurers based in UK and USA who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities (acting as processors or joint controllers) based in the UK 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.
SAFE HARBOUR POLICY
This Policy applies to all Personal Data received by Human Kinetics in the United States from the European Union (“EU”) in any format. For the purpose of this Policy, “Personal Data” or “Personal Information” is employee, user or customer data about an identified or identifiable EU-based employee, user or customer, received by Human Kinetics in the U.S. from the EU and recorded in any form.
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the “Safe Harbour Principles”) to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbour as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Human Kinetics adheres to the Safe Harbour Principles.
For purposes of this Policy, the following definitions shall apply:
“Personal Information” means any information or set of information that identifies or is used by or on behalf of a Company to identify an individual. Personal information does not include information that is encoded or anonymyzed, or publicly available information that has not been combined with non-public personal information.
“Sensitive Personal Information” means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual’s health. In addition, Human Kinetics will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbour Principles.
NOTICE: Where Human Kinetics collects Personal Information directly from individuals in the EU, it will inform them about the type of Personal Information collected, the purposes for which it collects and uses the Personal Information, and the types of non-agent third parties to which Human Kinetics discloses or may disclose that information, and the choices and means, if any, Human Kinetics offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Human Kinetics, or as soon as practicable thereafter, and in any event before Human Kinetics uses or discloses the information for a purpose other than that for which it was originally collected.
Where Human Kinetics receives personal information from their subsidiaries, affiliates or other entities in the EU, they will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: Human Kinetics will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For Sensitive Personal Information, Human Kinetics will give individuals the opportunity to affirmatively and explicitly (opt-out) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Human Kinetics will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Human Kinetics will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Human Kinetics will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: Human Kinetics will obtain assurances from their agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Human Kinetics becomes aware that an agent is using or disclosing personal information in a manner contrary to this Policy, Human Kinetics will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Human Kinetics will grant individuals reasonable access to personal information that it holds about them. In addition, Human Kinetics will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: Human Kinetics will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Human Kinetics will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Employees will be properly trained to adhere to these principles. Any employee that Human Kinetics determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment. Human Kinetics is subject to the laws and regulations of the Federal Trade Commission.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Human Kinetics Compliance Office at the address given below. Human Kinetics will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.
LIMITATION ON APPLICATION OF PRINCIPLES
Adherence by Human Kinetics to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation. Human Kinetics commit to cooperate with data protection authorities located in the European Union and Switzerland or their authorized
Questions or comments regarding this Policy should be submitted to Tina Daniel.
By mail: Tina Daniel, Human Kinetics, P.O. Box 5076, Champaign, IL 61825-5076.
By e-mail: firstname.lastname@example.org
By phone: 217-351-5076 (+1 217-351-5076 outside US)
By fax: 217-351-2674(+1 217-351-2674 outside US)
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles.
EFFECTIVE DATE: October 1, 2010