Hamilton collects personally identifiable information about you that you voluntarily submit to us. We may collect this information in a variety of ways, including without limitation when you register for an account, when you use the features and functionality on our App and purchase products through the App. The personally identifiable information which you may voluntarily provide to us or we may otherwise collect or access through the App includes:
Hamilton will not access your photos or camera without first getting your express permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you expressly share). Additionally, Hamilton will not gather information about your precise location without first getting your express permission. Hamilton will only gather information about your precise location when you are actively using the App and will not track your location when the App is in the background. If you change your mind about providing Hamilton with access to your photos, camera or precise location, you can simply revoke your consent by changing the settings on your device if your device offers those options. If you do so, certain services may lose full functionality.
When you visit the App, we may automatically collect certain non-identifying information about you, such as the mobile device that you use to access the App, your Internet Protocol address, the date and time that you access the App, the domain name of the website from which you arrived to the App, links that you click on within the App, any other activity of yours on the App and other technical information that assists us in improving the App. Note, in some jurisdictions (including European member states), your Internet Protocol address may be considered personally identifiable information.
We may use “cookies” or similar types of technology (e.g., device identifiers, pixels tags, web beacons, clear GIFs, and local storage) to collect information about your use of the App, such as pages you have visited, content you have viewed and how you have otherwise interacted with the services on the App. We may use this information for insight and analysis purposes to help us enhance the App and make your visit more convenient. For your information, “cookies” are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. Some cookies and similar technologies are essential to the operation of the App. Some are not essential, but instead allow us to provide additional functionality or to gather additional information about your use of the App. In addition, we may provide products and services that support the App, such as social media features that enable you to share information with your social networks or services, and we may also use third-party analytics tools to help us measure traffic and usage trends for the App. These third parties may employ cookies, device identifiers or similar technologies. We do not control these third-party technologies and their use is governed by the privacy policies of the third parties using such technologies. Your mobile device may provide you with information and choices on what data is shared with us.
Your continued use of the App is your consent to us using such tools in the manner described above. If you would like to block or delete cookies and similar technologies you may be able to do so using your device settings.
Please be assured that any credit and/or debit card details and billing address you provide us will only be processed by us and/or shared with a third party strictly in connection with any in-App purchases you make.
We may share non-personally identifiable information or generic aggregated demographic information with our partners or other third parties for any purpose.
The security of your information is very important to us. We attempt to provide for the secure storage of your information by using commercially reasonable safeguards and taking reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. Unfortunately, due to the inherent nature of the Internet and online communications, we cannot ensure the security of any information you transmit to us or guarantee that information on the App or our servers will be free from unauthorized access by third parties such as hackers. Your use of the App demonstrates your assumption of this risk. All of our employees, workers and data processors (i.e. those who process your personal data on our behalf), who have access to, and are associated with, the processing of personally identifiable information, are obliged to respect the confidentiality of the personally identifiable information of all users of the App.
Any material or communications transmit to us by email, including, without limitation, any information, photographs, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and may be used by us for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting.
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the App. The App and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
IF YOU ARE LOCATED WITHIN THE EEA: Our App and the commercial products and services that we offer are not specifically targeted at children, although we appreciate that they may appeal to children. If you are under the age of 18, we ask that you obtain your parent’s or guardian’s consent before submitting any personal information to us or requesting any products or services from us. If you are a parent or guardian of a child under 18, please ensure that you supervise your child’s use of our App and our products and services and ensure they obtain your consent before submitting any personal information to us or requesting any products or services from us. For the purpose of safeguarding the rights, interests and freedoms of children, we may ask you to verify your age in order to continue using our App and/or any of our products and services you may have requested.
If you are a California resident, you have the right to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
Legal basis for processing
Where your information is completely anonymized, we do not require a legal basis to use it as the information will no longer constitute personally identifiable information that is regulated under data protection laws. However, our collection and use of such anonymized information may be subject to other laws where your consent is required. Please see the section entitled “Cookies and Similar Technologies” above for further details.
The below table explains our legal basis for processing your personally identifiable information, in particular for the purposes set out in the “How We Use Your Information” section above:
|PURPOSE OF PROCESSING||LEGAL BASIS|
|App registration and use||It is necessary for us to use your personally identifiable information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate to use personally identifiable information in such a way to ensure that we provide the products and services you have requested in an effective and efficient way.|
|Purchases||It is necessary for us to use your personally identifiable information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest to use personally identifiable information in such a way to ensure that we provide the products and services you have requested in an effective and efficient way.|
|Feedback||It is in our legitimate interest to use the personally identifiable information provided by you in your feedback or survey response for the purposes of improving our products and services and the quality of service provided by our personnel.|
|Customer services||It is necessary for us to use your personally identifiable information to perform our obligations in accordance with any contract that we may have with you or it is in our legitimate interest or a third party’s legitimate interest to use personally identifiable information in such a way to ensure that we provide the products and services you have requested and respond to your requests and enquiries in an effective and efficient way.|
|Promotions||It is necessary for us to use your personally identifiable information to perform our obligations in accordance with any contract that we may have with you (e.g. the terms and conditions applicable to the promotion to which you may be asked to agree as a condition of entry) or it is in our legitimate interest to use your personally identifiable information to enable you to participate in any prize draws, prize competitions and other promotions we may run from time to time.|
|Marketing Activities||We will only send you marketing communications by email and other electronic means where you have consented to receive such communications by that method, or where we have another lawful right to do so. We will only pass your personally identifiable information to third parties for their own marketing purposes where you have consented.|
|Insight and analysis||It is in our legitimate interest to use your personally identifiable information for insight and analysis purposes to ensure that we provide good quality products and services to you and our other customers.|
|Diagnostics and maintenance||It is in our legitimate interest to use the personally identifiable information provided by you in relation to any customer service or technology issue you may contact us about for the purposes of improving our App, our products and services and the quality of the service provided by our personnel.|
|Business administration and legal compliance||Where we use your personally identifiable information in connection with a business transition, to enforce our legal rights or to protect the rights of third parties, it is in our legitimate interest to do so. We have a legal obligation to use your personally identifiable information to comply with any legal obligations imposed on us, such as a court order.|
How we obtain your consent
Where our use of your personally identifiable information requires your consent, you can provide such consent either at the time we collect your personally identifiable information following the instructions provided or by informing us using our details in the “Contact” section below.
Duration of processing
Regarding personally identifiable information we have processed in connection with the supply of our products and services to any person or organization, we will retain personally identifiable information relevant to that supply of products or services for six years from the date of supply and in compliance with our obligations under the GDPR (or similar legislation around the world). We may then destroy such files without further notice or liability.
Regarding any other personally identifiable information we have processed, we will retain relevant personally identifiable information for three years from the date of our last interaction with the relevant person or organization and in compliance with our obligations under the GDPR (or similar legislation around the world). We may then destroy such files without further notice or liability.
If any personally identifiable information is only useful for a short period (e.g. for a specific marketing campaign), we may delete it at the end of that period.
Sharing Personally Identifiable Information
We will only share personally identifiable information with others when we are legally permitted to do so. When we share personally identifiable information with others, we put contractual arrangements and security mechanisms in place to protect the personally identifiable information and to comply with our data protection, confidentiality and security standards. When processing your personal information we may need to share it with third parties as follows:
Other organizations within our group of companies: We may share your personally identifiable information with other organizations within our group of companies where necessary for administrative purposes or where those organizations assist us in the provision of our products and services.
Third-party organizations that provide applications/functionality, data processing or IT services: We use third parties to support us in providing our products and services and to help provide, run and manage our internal IT systems. Such third parties may include, for example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personally identifiable information may be stored in any one of them.
Credit card companies and other payment providers: We may share personal information with third parties who assist us with the processing of card payments and refunds.
Third-party email marketing and CRM specialists: We share personally identifiable information with specialist suppliers who assist us in managing our marketing database and sending out our email marketing communications to our subscribers.
Third-party organizations that assist us with the administration of our promotions: We share personally identifiable information with specialist suppliers who assist us in administering our competitions, prize draws and other promotions.
Auditors, lawyers, accountants and other professional advisers: We share personally identifiable information with professional services firms who advise and assist us in relation to the lawful and effective management of our organization and in relation to any disputes we become involved in.
Law enforcement or other government and regulatory agencies: We may share personally identifiable information with law enforcement or other government and regulatory agencies or other third parties as required by, and in accordance with, applicable law or regulation.
Transfers of your Personally Identifiable Information Outside the EEA
You have the following rights in relation to the personally identifiable information we hold about you:
Your right of access: If you ask us, we will confirm whether we are processing your personally identifiable information and, if so, provide you with a copy of that personally identifiable information (along with certain other details). If you require additional copies, we may charge a reasonable fee for producing those additional copies. You can contact us for this purpose using our details in the “Contact” section below.
Your right to rectification: If the personally identifiable information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have shared your personally identifiable information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you who we’ve shared your personally identifiable information with so that you can contact them directly.
Your right to erasure: You can ask us to delete or remove your personally identifiable information in some circumstances, such as where we no longer need it or where you withdraw your consent (where applicable). If we have shared your personally identifiable information with others, we will let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personally identifiable information with so that you can contact them directly.
Your right to restrict processing: You can ask us to block or suppress the processing of your personally identifiable information in certain circumstances, such as where you contest the accuracy of that personally identifiable information or you object to us processing it. It won’t stop us from storing your personally identifiable information, though. We will tell you before we lift any restriction. If we have shared your personally identifiable information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personally identifiable information with so that you can contact them directly.
Your right to data portability: You have the right, in certain circumstances, to obtain personally identifiable information you have provided to us (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer it to a third party of your choice.
Your right to object: You can ask us to stop processing your personally identifiable information, and we will do so, if we are: (i) relying on our own or someone else’s legitimate interest to process your personally identifiable information, except if we can demonstrate compelling legal grounds for the processing; or (ii) processing your personally identifiable information for the purposes of direct marketing.
Your rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for the entering into, or the performance of, a contract between you and us.
Your right to withdraw consent: If we rely on your consent (or explicit consent) as our legal basis for processing your personally identifiable information, you have the right to withdraw that consent at any time. You can exercise your right of withdrawal by contacting us using our details in the “Contact” section below or by using any other opt-out mechanism we may provide, such as an unsubscribe link in an email.
Your right to lodge a complaint with the supervisory authority: If you have a concern about any aspect of our privacy practices, including the way we have handled your personally identifiable information, please contact us using our details in the “Contact” section below. You can also report any issues or concerns to your local supervisory authority. You can find a list of contact details for all EU supervisory authorities at:
If you would like to exercise any of your rights referred to above, this can be done by either:
Please note that while we will endeavour to make the updates as promptly as possible, communications may be sent using the original details until the changes have been processed.
To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at email@example.com.
IF YOU ARE LOCATED WITHIN THE EEA: please also see the sub-section entitled “Transfers of your Personally Identifiable Information Outside the EEA” in the “Additional Information and Rights applicable to Individuals Located in the EEA” above.
IF YOU ARE LOCATED WITHIN THE EEA: please also see the sub-section entitled “Your Rights” in the “Additional Information and Rights applicable to Individuals Located in the EEA” above.