Privacy Policy - KTime Sailing

Version: 1.0 FINAL 2023

We are committed to protecting and respecting your privacy. This notice sets out how we look after your personal data and tells you about your privacy rights. These have been written to specifically comply with the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). It is expected that this covers your rights in other jurisdictions across the globe including UK, EU, US, Canada, Australia, New Zealand, Mexico and Brasil.

Introduction
The types of data that we collect
How we collect your personal data
How we use your personal data
Providing your personal data to others
International transfers of your personal data
Data security
Retaining and deleting personal data
Your rights
Contact Us

1. Introduction

“We”, “us” and “our” refer to KTime Racing Ltd. We are a company registered in Hong Kong and have our offices at Unit L M and N 8/F Kings Wing Plaza 1, 3 On Kwan St, Sha Tin, New Territories, Hong Kong.

This notice applies when you visit our website, use our platform and applications and if you purchase our services. It also applies if weidentify you as a prospective customer or partner, as someone who might be interested in what we have to offer or if you supply services to us. These are all situations where we are acting as a data controller or data user, when applicable, with respect to your personal data, that is when we determine why and how your personal data is processed.

Our website and applications are not intended for children under the age of 13 and we do not knowingly collect data relating to children under the age of 13.

Any changes we make to our privacy notice in the future will be posted on this page. Please check back frequently to see any updates or changes.

Our website and applications may from time to time contain links to and from the websites of other businesses. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for their privacy obligations. Please check their privacy notices before you submit any personal data to these websites.

2. The types of data that we collect

Personal information, or personal data, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we collect from various sources as described below. This is Your Data:

Profile Data is the email address you provide to access your historic sailing data.
Location Data is the gps information about your location collected from your device when you choose to use our services.
Technical Data includes internet protocol (IP) address, 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 our website and applications.
Usage Data includes information about how you use our services.

All Your Data can be deleted permanently from the Instructions page in the App. Please note that once deleted, this is non-recoverable. For example, all your historic sail records will be permanently deleted.

We may also collect, use and share Anonymised Data and Aggregated Data such as statistical or demographic data for any purpose. Anonymised and aggregated data may be derived from your personal data but is not considered personal data in law if this data does not directly or indirectly reveal your identity. For example, we may aggregate statistics to understand usage of our services.

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.

3. How we collect your personal data

We use different methods to collect data from and about you including through:

Direct interactions Profile Data. You give us your Profile Data and correspond with us by email, by filling in forms on our website and applications. This includes personal data you provide when:
You provide an email address to us to ensure you have access to your historic sailing data from different devices (through the App Profile page);
You email us or you contact us through our services;
You request information about us or our services to be sent to you;
You communicate with us to sell us your products or services;
You register to attend events we organise, sponsor or attend; or
You provide us with feedback, including comment on our posts and blogs.
Direct interactions Location Data. Your gps location data is collected when using our service in order to provide you with statistics on your sail through our App.
You email us or you contact us Automated technologies or interactions. As you interact with our services, we will automatically collect Technical Data about your equipment, browsing actions and patterns and Usage Data about how you interact with our applications and other platforms. We collect this personal data by using server logs and other similar technologies.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Identity Data and Contact Data shared with us by partners through which we undertake marketing campaigns and host or sponsor events; and
Identity Data and Contact Data which we collect from publicly available sources such as LinkedIn, press articles and publications and other websites.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where you have given your consent to the processing of your personal data for a particular purpose.
Where it is necessary for the performance of a contract with youor to take steps to enter into a contract with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.

The purposes for which we will process your personal information and the lawful basis of processing on which we rely are described below.

Purpose/Activity	Lawful basis for processing including basis of legitimate interest
To register you as a user of our services (whether for a trial or paid subscription) and create your user account so that you may access our services	Performance of a contract with you
To provide the functionality of our services that you have requested via App	Performance of a contract with you
To administer and support the services you have requested including to send service notifications, manage and support the provision of your services, to manage and collect payments and to exercise our legal rights	Performance of a contract with you Necessary for our legitimate interests (the efficient running of our business and services, to recover amounts due to us and to protect and assert our legal rights)
To manage our relationship with you which will include: Notifying you about changes to our terms or privacy notice Asking you to update your information Dealing with any issues or feedback you may have or asking you to complete a survey	Performance of a contract with you Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated, to manage and improve our services and the efficient running of our business)
To send you information about new features or functionality of our services.	Your consent (soft opt-in) If you would like to opt out of these updates, please send an email from your Profile email address to admin@ktimesailing.com putting the word opt-out in the subject.
To send business partners our marketing communications and invitations to events	Necessary for our legitimate interests (so that we can market our products and services to B2B customers)
To use data analytics to improve our website and applications, user relationships and experiences	Necessary for our legitimate interests (to improve our products and services based on user experience, to keep our services updated and relevant).
To purchase goods and services from you for our business	Necessary for our legitimate interests (to provide and manage our services and the efficient running of our business)
To administer, protect and manage our business and website (including troubleshooting, business operational analysis, testing, system maintenance, support, reporting and hosting of data)	Necessary for our legitimate interests (for running our business, provision of administration and IT services, business performance analysis, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation

Marketing and Opting out

As a user of our service, you will only receive information from us about new features or functionality of our service. This information may amount to direct marketing under the law. We will always provide the ability to opt-out of electronic direct marketing and to select your preferences for receiving news and information. 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 by emailing admin@ktimesailing.com at any time from your Profile email putting the word opt-out in the subject.

If you are a business, you may receive our communications or invitations to our events if you have requested information from us, if you provided us with your details or if we have identified you as someone who may be interested in our products and services and you have not unsubscribed from our marketing communications. You can unsubscribe from our marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing admin@ktimesailing.com at any time.

Cookies

Our website and applicationsonly use essential cookies to distinguish you from other users of our services and to keep our services secure.

5. Providing your personal data to others

Others with whom we may share personal data

We share your personal data with selected third parties, including:

third party service providers acting as processors who we use to help manage our business. We use Microsoft Ireland Operations Limited as our hosting provider.
insurers and/or professional advisers in so far as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims.
taxation authorities, regulators, law enforcement agencies and other authorities if required by such authorities or by due process of law.
third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.

6. International transfers of your personal data

Your personal information will be processed by us in Hong Kong Special Administrative Region (HKSAR), the UK and the European Economic Area (EEA). Some of your personal data may be transferred, stored and/or processed outside of HKSAR, the UK and the EEA if some of our suppliers operate from outside of these jurisdictions.

7. Data security

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.

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.

8. Retaining and deleting personal data

We will retain your personal data for as long as necessary to provide you with our services and if you represent a business for so long as you do not wish to unsubscribe from our marketing communications. We will also retain your personal data as necessary to fulfil our contractual obligations and to comply with our legal obligations, resolve disputes, and enforce our agreements.

Where we no longer need to process your personal data for the purposes set out in Section 4 of this privacy notice, we will delete your personal data from our systems unless we need to retain a limited amount of information to make sure that we act in accordance with your wishes.

Where permissible, we will also delete your personal data on your request. Information on how to make a deletion request can be found in Section 9, Your rights.

9. Your rights

You have certain legal rights with respect to your personal information depending on your location and applicable laws. You may exercise your rights at any time by contacting us at admin@ktimesailing.com

Your rights

Right of access	You have the right to access any personal data we hold about you: we will provide a copy of your personal data that we hold together with details of the purposes of the processing, the types of personal data we hold and the people to whom your personal data has been disclosed.
Right to rectification	You have the right to have inaccurate or incomplete personal data corrected or to restrict the processing of personal data whilst the accuracy is checked.
Right to erasure	You have the right to ask to have personal data we hold about you erased. 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 law.
Right to data portability	In certain circumstances, you have the right to have data we hold about you transferred to yourself or another data controller. Note, this right only applies to information that is processed by automated means which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to object	You have the right to: ask us not to process your personal data for direct marketing purposes object, on grounds relating to your particular situation, to the processing of your personal data (including profiling) where we are relying on a legitimate interest.
Right to withdraw consent	You have the right to 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.

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. In this case, we will notify you and keep you updated.

10. Contact Us

If you have any questions or complaints about this Privacy Notice, please contact us at the following email address:

admin@ktimesailing.com

KTime Sailing Privacy Notice