11 October 2019
IAMYIAM Limited respects your privacy and is committed to protecting your personal data. This privacy notice tells you how we look after your personal data when you use our website www.iamyiam.com or the iamYiam mobile app (together, the “Platform”) (regardless of where you are located) and about your privacy rights and how the law protects you.
It is provided in a layered format so you can click through to any of the specific areas listed below. Alternatively, you can download a pdf copy of the whole privacy notice here.
1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose of this privacy notice
Please read this privacy notice carefully as it sets out how IAMYIAM LIMITED (referred to as “iamYiam“, “we”, “us” and “our” in this privacy notice) collects and processes your personal data through use of the Platform, including any personal data you may provide as part of the registration process.
Our Platform is not intended for use by anyone under the age of consent for data processing (as defined by applicable, local data privacy legislation) and we do not knowingly collect personal data relating to such individuals.
It is important that you read this privacy notice together with any other privacy notice or fair processing policy 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 such other notices and privacy policies and does not replace them.
By clicking the “I Agree” button when you register for an account, you acknowledge that you have read and understood this privacy notice and have given your explicit consent to iamYiam to process your data in accordance with this privacy notice.
1.2 Controller and data protection officer
iamYiam is the controller and responsible for your personal data.
We have appointed a data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this notice, including any request to exercise any of your legal rights, please contact the data protection officer using the contact details below.
1.3 Contact details
If you have any questions about this privacy notice or our privacy practices, please contact our DPO in the following ways:
Company name: iamYiam Limited
Email address: lucian.galea[at]iamyiam.com
Postal address: C43 Ambassador Building, 5 New Union Square, London SW11 7BQ
For the attention of: Constantin-Lucian Galea
You have the right to complain at any time to the Information Commissioner’s Office (“ICO”), which is the UK’s 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 do contact us in the first instance.
1.4 Changes to this privacy notice and your duty to tell us of changes
We keep our privacy notice under regular review. This version was last updated on 11 October 2019. Historic versions can be obtained by contacting us using the above contact details.
We may change this privacy notice from time to time and any changes will be posted on this link and, where appropriate, notified to you by email.
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.
1.5 Third party links
Our Platform 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 notices. When you leave our Platform, we encourage you to read the privacy notice of every website you visit and every plug-in or application you use.
2. THE DATA WE COLLECT ABOUT YOU
2.1 Personal data means any information about a living individual from which that person can be identified. It does not include data where the identity has been removed (“anonymous data”).
2.2 We may collect, use, store and transfer different kinds of personal data about you when you use the Platform or register, log in or submit information through our Platform. We have grouped these together as follows:
- Identity Dataincludes first name, last name, other similar identifier, marital status, title, date of birth, age and gender.
- Contact Dataincludes billing address, residential address, delivery address, email address and telephone numbers.
- Financial Dataincludes bank account and payment card details.
- Transaction Dataincludes details about payments made by and to you and other details of products and services you have purchased from us.
- Technical Dataincludes 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 details about the devices you use to access our Platform.
- Profile Dataincludes your username and password, purchases or orders made by you, your interests, preferences, environment, feedback and survey responses.
- Usage Dataincludes information about how you use our Platform, products and services.
- Marketing and Communications Dataincludes your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3 We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered to be personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform 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 and we deal with it in accordance with this privacy notice.
2.4 In order to provide our products and services, we also collect, use and share special categories of personal data which are subject to greater protection. We have grouped together special categories of personal data that we process (if you give us this information) as follows:
- Health Data includes details about your personal health status which you choose to provide to allow you to use and search for recommendations on our Platform.
- Genetic/Biometric Data includes the results of our DNA testing service and biometric data resulting from the process.
- Lifestyle Data includes any information you choose to provide in respect of your lifestyle choices.
- Religious Data includes any information you choose to provide in respect of your religious beliefs and/or practices.
- Special Category Identity Data includes information such as your gender and racial or ethnic origin which you provide on our Platform.
2.5 We do not collect any other special categories of data, such as details about your political opinions, trade union membership, sex life, sexual orientation, or any information about criminal convictions or offences.
2.6 We will not process special categories of personal data without your express consent. Many of our services require provision of certain special category personal data, for example in relation to providing personalised health information. Although you are able to create an Account for our Platform without providing us with this special category personal data, your use of the Platform and our services, including our DNA testing service, may not be possible without you providing your express consent to us processing such data.
3. IF YOU FAIL TO PROVIDE PERSONAL DATA
3.1 If we need to collect personal data in order to comply with law or under the terms of any contract we have with you, and you fail to provide this data when requested, we may not be able to perform a contract we have or are trying to make with you (for example, to provide you with our goods or services). In this situation, we may need to cancel an order or service you have with us, but we will tell you if this is the case.
4. HOW WE COLLECT PERSONAL DATA
4.1 We collect data from and about you in in different ways, including by:
- Direct interactions with you. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, telephone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services;
- create an account on our Platform;
- subscribe to our service or publications;
- use interactive features on our Platform;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
- Third parties or publicly available sources. We may receive personal data about you from various third parties such as other people and/or from public sources, as set out below:
- technical data from:
- analytics providers such as Google, Amplitude Analytics and Customer.io based outside the EU;
- customer service providers such as Zendesk based outside the EU;
- communications providers such as Customer.io based outside the EU;
- contact, financial and transaction data from providers of technical, payment and delivery services such as Stripe based within and outside the EU: and
- other individuals under our “refer a friend” scheme where an existing user provides your name and email address to us.
- technical data from:
5. WHAT WE DO WITH THE INFORMATION WE COLLECT
5.1 We will only use your personal data when the law allows us to do so. Our most common uses of your personal data are in the following circumstances:
- where we do so with your consent;
- in order for us to perform a contract we are about to enter into or have entered into with you (or to take steps at your request before entering such a contract), including to provide you with personalised Platform content along with health related products and services from third parties;
- if it is necessary for us to do so for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
- in order to comply with a legal or regulatory obligation.
5.2 You have the right to withdraw your consent to processing at any time by contacting us, and if you choose to do so we will cease processing your data. Your withdrawal of consent will affect our ability to provide our goods and services to you, for example to provide personalised information to you relating to your health, and you will not be able to use our products or services as these are directly reliant on the data you input on the Platform.
5.3 The table below sets out all the ways in which we plan to use your personal data, which of the legal bases we rely on to do so and, where relevant, what the legitimate business interests are. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your personal data. Please contact us here if you want to know which specific legal ground we are relying on where more than one ground is 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||
|Performing 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
Marketing and Communications
Performing a contract with you
Our legitimate business interests (recovering debts due to us)
To manage our relationship with you, including:
(a) Notifying you about changes to our terms or privacy notice
(b) Asking you to leave a review or take a survey
(c) Answering queries or complaints
Marketing and Communications
Performing a contract with you
Complying with our legal obligations
Our legitimate business interests (keeping our records up-to-date, studying how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey||
Marketing and Communications
Performing a contract with you
Our legitimate business interests (studying how customers use our products/services, develop our products/services, & grow our business)
|To administer and protect our business and the Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
Our legitimate business interests (running our business, providing admin & IT services, network security, preventing fraud, for a business reorganisation or group restructuring)
Complying with our legal obligations
|To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||
Marketing and Communications
|Our legitimate interests (studying how customers user our products/services, developing our products/services, growing our business, & informing our marketing strategy)|
|To use data analytics to improve our Platform, products / services, marketing, customer relationships and experiences||
Our legitimate interests (defining customer types for our products/services, keeping our Platform updated & relevant, developing our business & informing our marketing strategy
|To suggest products/services which may be of interest to you||
Marketing and Communications
|Our legitimate interests (developing our products/services, growing our business)|
|To perform the DNA testing service and personalise the Platform||
Special Category Identity Data
Performing a contract with you
5.4 In this table:
- 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 if you contact us here.
- Performing a contract means processing your personal 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 to which we are subject.
- Consent means where you have given us your explicit consent to processing for a stated purpose.
6. WHO WE SHARE THIS INFORMATION WITH
6.1 We may share your personal data with external third parties acting on our behalf who will only use the information for the above listed purposes. They may be based outside the UK and the EU. These parties include:
- service providers (acting as processors) who provide various services including IT and system administration services, supply and delivery services, complaints handling services
- service providers (acting as processors) who help us provide the services to you, for example:
- the laboratories who carry out the analysis of your saliva sample for our DNA testing service;
- supplement providers to help them fulfil your requests for nutritional supplements;
- practitioners to meet your requests for practitioner appointments or provide concierge and genetic counselling activities on our behalf.
- professional advisers (acting as processors or joint controllers), including lawyers, accountants, auditors, bankers, insurers, in each case based in who provide legal, accountancy, audit, banking, insurance or consultancy, or other services to us;
- HM Revenue & Customs, regulators, courts and other authorities (acting as processors or joint controllers) based in who require us to report on processing activities in certain circumstances;
- fraud prevention agencies;
- our private or public institutional clients (acting as processors):
- where they have provided you with a token to register for your account, we may include your personal data as part of our institutional client research. We will share such data on an anonymised and aggregated basis, unless you consent to us providing the personal data.
- for the purposes of providing consulting services and general research information on preventive health. We will share such data on an anonymized and aggregated basis, unless you consent to us providing the personal data.
- to police or law enforcement agency (acting as processors or joint controllers) where we are under a legal obligation to disclose it.
- other third parties, if we transfer any part of our business or assets to them or acquire any part of their business or assets, or otherwise merge any part of our and their businesses; in any of these cases, the new owners of our business may use your personal data in the same ways and for the same purposes as set out in this privacy notice.
6.2 We require all third party service providers to respect the security of your personal data and to treat it in accordance with the law. We only disclose the personal data each third party needs in order to provide the specified purposes, and we do not allow any of 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.
7. INTERNATIONAL TRANSFERS
7.1 Some third parties with whom we work and share personal data may be situated in a different country to the one you are accessing our Platform from and the country in which you are purchasing our products/services. Please bear in mind that these countries may have a different standard of data protection than the country in which you are situated. As set out in section 6.1 above, some of these third parties are based outside both the UK and the EU so their processing of your personal data may involve a transfer of this data outside both the UK and the EU. However, we have put in place the protections required by law to try to ensure that your information is safeguarded.
7.2 Whenever we transfer your personal data out of the UK and the EU, we ensure a similar degree of protection is afforded to it and we will not transfer your personal data to any country (other than the UK) which is outside the EU, except:
- to a country which has been found by the European Commission to provide an adequate level of protection for personal data;
- to an entity in the United States which is part of the EU-US Privacy Shield which requires it to provide similar protection to personal data shared between the European Union and the United States. For further information see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en. For example, 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: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
- where we have ensured your personal data benefits from a similar degree of protection by using clauses approved by the European Commission which give personal data the same protection it has in the European Union. For further information see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en;
- where the transfer is necessary to perform a contract between you and us (or to take steps at your request before entering such a contract) or to conclude or perform a contract in your interest, or for important reasons of public interest or to establish, exercise or defend legal claims, or to protect your or anyone else’s vital interests where you cannot give consent; or
- with your explicit consent to the transfer, after we have notified you of the possible risks of such transfer.
7.3 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and the EU.
8.1 We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or please contact us here.
8.2 We do not provide your personal data to external organisations (i.e. outside of iamYiam) for their own marketing purposes.
10. CHANGE OF PURPOSE
10.1 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.
10.2 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.
10.3 Please be aware that we may process your personal data without your knowledge or consent, if this is required or permitted by law.
11.1 We are committed to ensuring that your information is secure. In order to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed, we have put in place appropriate physical, electronic and managerial procedures and security measures to safeguard and secure the information we collect. This includes encryption of the personal data we hold about you on our Platform.
11.2 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third party provider of payment processing services will be encrypted using Transport Layer Security. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Platform, you are responsible for keeping this password confidential. You must not share your password with anyone.
11.3 We also limit access to your personal data to those of our employees, agents, contractors and other third parties who have a business need to know this data. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. Our employees and consultants who have access to your personal data have been trained on data protection and security, and we require any third party which processes your personal data on our behalf to arrange data protection and security training for any of its staff who have access to your personal data.
11.4 Certain services on the Platform may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
11.5 We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach if we are legally required to do so. If at any point you suspect or become aware of a security incident (i.e. your password is disclosed or stolen or you receive suspicious communication from someone holding themselves out to us or representing us), please report the incident by email or in writing as soon as possible (forwarding a copy of the suspicious communication) using the contact details set out above [Link].
12. DATA RETENTION
12.1 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 complying with any legal, accounting and/or reporting obligations. 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.
12.2 Details of retention periods for different types of data and processing purposes are set out in our data retention policy – please contact us here if you would like a copy of this.
12.3 In some circumstances you can ask us to delete your data. See YOUR LEGAL RIGHTS below for further information.
12.4 In some circumstances we will 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.
13. YOUR LEGAL RIGHTS
13.1 In certain circumstances, you have rights under data protection laws in relation to your personal data, as set out below. If you wish to exercise any of these rights, please contact us here.
13.2 You will not usually have to pay a fee to access your personal data or to exercise any of the other rights in this section. However, if your request is clearly unfounded, repetitive or excessive, we may refuse to comply with your request or charge a reasonable fee for the administrative costs of complying with your request.
13.3 We may need to ask you for specific information to help us confirm your identity and to ensure your right to access your personal data or exercise any of your other rights. This is a security measure to ensure your personal data is not disclosed to anyone who is not entitled to receive it. We may also ask you for further information in relation to your request, in order to speed up our response.
13.4 We try to respond to all requests within one month. Occasionally it may take us longer than a month to respond, if your request is particularly complex or you have made a number of requests; we will let you know within a month if this is the case and will keep you updated.
13.5 You have the right to:
Access your personal data (a “subject access request”)
- be told whether we are processing personal data about you and, if we are doing so, request access to the personal data that we hold about you and get a copy of it.
- require us to correct or update any personal data that we hold that is incomplete or inaccurate, though we may need to verify the accuracy of the new personal data that you provide to us.
Erasure (the “right to be forgotten”)
- ask us to delete or remove any personal data about you if:
(a) there is no good reason for us continuing to process it;
(b) you have withdrawn your consent to us processing it and there is no other legal ground for us to continue to do so;
(c) you have successfully exercised your right to object to processing (see below);
(d) we have processed that personal data unlawfully; or
(e) we are required to erase your personal data to comply with a legal obligation under 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
- object to processing of your personal data where we are:
(a) processing for direct marketing purposes; or
(b) relying on our own, or a third party’s, legitimate interest to justify our processing, if there is something in your particular situation which makes you feel our processing impacts on your interest or fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds for our processing which override your interests, rights and freedoms or that our processing is necessary to establish, exercise or defend a legal claim, and in these cases we can continue to process the data for these purposes.
- ask us to suspend the processing of your personal data if:
(a) if you want us to verify the accuracy of that personal data;
(b) our processing of that personal data is unlawful but you do not want us to erase it;
(c) we no longer need to process the personal data but you want us to retain it because you need it to establish, exercise or defend a legal claim; or
(d) you have objected to our processing but we need to verify whether we have any overriding legitimate grounds to process it (see above).
Request the transfer of personal data (“data portability”)
- ask us to transfer, to you or anyone else, any of your personal data which you have provided if:
(a) our processing is carried out by automated means; and
(b) our processing is based on your consent or is necessary to perform a contract with you.
We will provide this personal data in a structured, commonly-used and machine-readable format.
Withdraw consent at any time
- withdraw that consent at any time if we are relying on consent to process your personal data. This will not affect the lawfulness of any processing based on consent which was carried out before you withdraw your consent.
If you withdraw your consent, we will not be able to provide our products or services to you as these are directly reliant on the data you provide. We will let you know if this is the case when you withdraw your consent.
13.6 If you contact us to cancel your account we will delete your individual personal data records in accordance with this privacy notice. However, some of your data will remain on an anonymised basis within our aggregated datasets and AI algorithms.