Revised 3 July 2023
Ailuna Privacy Policy
1 Introduction
1.1
Chillisalsa
Limited (trading as Ailuna), a company registered in England and Wales (Company
Number 09440691) with its registered address at Inca, The Lane, Lyford, Wantage
OX12 0EE, United Kingdom, which operates websites and mobile applications
(“Apps”) and other products and services thereof (together referred to as the
“Products”) under the name “Ailuna”, which includes our business offering, “Ailuna
for Business”.
1.2
Ailuna
aims to provide a sustainability product which drives employee, customer,
citizen and student sustainability engagement and action and makes it fun to
develop impactful habits that are good for individuals, teams and the planet,
helping reduce the CO2 and environmental footprints of individuals and
organizations.
1.3
We
believe strongly in protecting our users’ information and want to reveal openly
how Ailuna, through its platform, app or
website, collects, handles and processes data of its customers and visitors, and
where that information is shared with third parties.
1.4
This
document sets out how Ailuna handles data which relates to you in accordance
with applicable data protection and privacy laws. You should read it in
conjunction with the Ailuna Terms and Conditions, of which this Privacy Policy
forms part.
1.5
Additional
information for individuals in the EEA, UK, and Switzerland, as well as for
California residents, can be found within this Privacy Policy.
1.6
We
may change this Privacy Policy from time to time. If we make changes, we will
notify you by revising the date at the top of the policy and, in some cases, we
may provide you with additional notice (such as adding a statement to our
website homepage or sending you a notification).
2
Scope
and Purpose
2.1
In
this privacy policy (“Privacy Policy”) Ailuna provides its users with
information about the product and the nature, scope and purposes of the data
collection and use, giving the users insights into the processing of their
personal data.
3
Controller
3.1
Controller:
Ailuna is the data controller for personal data governed by this Privacy
Policy. If you have any questions about this Privacy Policy, please contact us by
email at life@ailuna.com
3.2
Data
Protection Officer: Ailuna’s data protection officer can be contacted by email at
life@ailuna.com
4
Types
of Data we Collect
4.1
All
data we collect is required under legitimate interest in order to deliver a
functional, compelling and relevant service designed to help users adopt and
maintain more sustainable lifestyles as well as educate them and keep them
informed about associated news and events.
4.2
We
collect both Personal Data and Other Information in support of these efforts.
4.3
“Personal
Data” is information that can be used, directly or indirectly, alone or
together with other information, to identify you as an individual User. This
may include your precise Location Data. The submission of your Personal Data to
us is voluntary in order to be able to use Ailuna. The consequence of not
submitting Personal Data may be that you cannot use Ailuna or functionality
will be limited or broken.
4.4
“Other
Information” is information that is anonymous, aggregate, de-identified,
or otherwise does not reveal your identity. Some examples include age, gender,
browser and operating system, time spent using our Services, and webpages
visited. We collect and use this information to understand how you and our users
as a whole use our Services and constantly tune, enhance, innovate and build
products and services to reflect the needs of our users.
5
Data
Collection
5.1
We
collect Personal Data in the following ways:
5.1.1 When you register with Ailuna, you
provide your first name, last name and your email address and password. We try
to automatically detect your location, based on your device settings and where you
are geographically located at the time of registration. This information you
can overwrite if desired. You may also provide additional information, such as
your city and county/state, although this is optional.
5.1.2 Additionally, we encourage you to
indicate which sustainability choices you have made, which may help us provide
a better and more relevant service to our users, and for users to seek relevant
advice and guidance from other users with experience in the topics they are
interested in. All such information fields are available to you, and capable of
being changed, through the Profile page, as well as you can control which
information is kept private vs. shared.
5.1.3 When you use or interact with our
Services, we collect Personal Data such as Location Data. We may use your
Location Data to provide a more relevant service. This may include showing you
a map or list view of nearby 2nd hand, charity, refill or other sustainability
stores, groups and events and suggesting the most relevant stores, groups and
events for you. We may also use your Location Data to conduct analytics to
improve Ailuna.
5.2
We
collect Location Data in several ways:
5.2.1 From your wireless carrier (i.e. your
physical location at the time you register)
5.2.2 Directly from the device on which you
use our Services, through its device settings.
5.2.3 The way in which we collect Location
Data is different depending on whether you are accessing Ailuna through a
mobile app or a website.
5.2.4 If you are accessing Ailuna through
our mobile app, the way we collect Location Data will differ depending on your
mobile device’s operating system. In all events, we do not collect Location
Data, unless you have allowed its collection when prompted. If you decline to
allow Location Data collection in the app, we will not collect your Location
Data unless you manually enter it in
5.3
When
you take surveys and/or enter contests, we may collect contact, demographic and
eligibility information.
5.4
We
may sponsor contests and other promotions and we may request that you provide
Personal Data, such as name, address, email address, telephone number and age
and other information that may be appropriate in order to participate.
5.5
We
may also launch surveys that ask you to answer questions about a range of
topics from personal information to behaviour, sustainability, brand and
product preferences.
5.6
We
process this Personal Data based on your consent, pursuant to GDPR article 6
(1) (a) or because it is necessary for the purposes of the legitimate interests
pursued by us in order to improve our Product, pursuant to GDPR article 6 (1)
(f)
6
How
we use your Personal Data
6.1
Service emails and mobile push notifications “Service Messages” are
used to provide you with a good service experience. These Service Messages
include the following:
6.1.1 Welcome emails –
welcome e-mail containing a link to verify your e-mail.
6.1.2 Key service messages –
if we need to notify you about changes to the service.
6.1.3 Notifications necessary
for our sustainability and behavioural change programs to work, including tips
& tricks.
6.1.4 Useful sustainability
and environmental news and information
6.1.5 New friend
notifications – when you have friend invitations pending or accepted friend
invitations.
6.1.6 Social community &
content updates – for example when friends and other Ailuna users post new
content or comment on yours.
6.1.7 Service suspension
notices – if you break our rules around acceptable content (images, video and
text).
6.2
Other Ailuna relevant emails and notifications.
6.2.1 Newsletters. When
registering, you are given the option to receive our occasional newsletters. We
use these to notify you about new features, ask your opinion about the mobile
app and website. We only send a newsletter when there is something worthwhile
to tell you about or if we need your feedback to improve our service. You can
update your newsletter preferences in the app.
6.3
Please note that irrespective of your email and push
notifications settings, we may send you notifications pertaining to the
performance of our Services, such as revision of our Terms or this Privacy
Policy or other formal communications relating to functionality, products or
Services you have subscribed to, purchased or use. This includes emails, push
notifications and text messages, as applicable.
6.4
We
do not provide our advertising partners, if any, or any third parties with
information that identifies you as an individual.
7 Confidentiality and Security
7.1
We
want you to feel confident about using our Products, and we are committed to
protecting the personal information we collect. When using Ailuna for Business
we limit access to personal information about you, as an employee, to your
employer who may reasonably need access to it, to ensure that our Products function
to your and your employer’s mutual satisfaction.
7.2
We
have appropriate technical and organisational physical, electronic, and
procedural safeguards to protect the personal information that you provide to
us against unauthorised or unlawful processing and against accidental loss,
damage or destruction. However, where we ask you to choose a password in order
to access certain parts of our Product, you are responsible for selecting a
secure password and keeping that password confidential. You should choose a
password which you do not use on any other site, and you should not share it
with anyone else.
7.3
Third
party links: Our website and the app 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 or the application, we encourage
you to read the privacy policy of the website or other mobile app you visit.
8
Where
we store your Personal Data
8.1
We
may share your data with the following third-party service providers for the
purposes set out in the section How We Use Your Personal Data.
8.1.1 Hosting service providers: Our mobile
app user databases (SQL and NoSQL) are hosted with Google Cloud in Frankfurt
(Germany) and London (UK) and managed by our R&D partner Meetle GmbH
(Leipzig, Germany).
8.1.2 Mobile app analytics: We use Google
Analytics hosted with Google Cloud in Frankfurt (Germany) and London (UK) along
with Amplitude (USA)
8.1.3 Newsletter e-mail and CRM (customer
relationship management) providers: We currently use Copper CRM and Active
Campaign, located in the USA, but this may change in the future.
9 Our use of Cookies
9.1
Information
gathered on registration. When you register for our service, you provide us
with information such as your name and email address. We use cookies to store
this login information. You can change these details through the Profile page. You
are responsible for updating your details with relevant changes as soon as
possible to ensure we have the correct information for you on your account.
9.2
Cookies.
We use small text files known as “cookies” to enhance your experience
of our service as follows:
9.2.1 To hold your login information
(mentioned above), so that you do not need to log in each time you visit the
mobile app and website, and your homepage is personalised. This option can be
turned off by logging out.
9.2.2 To facilitate optimal use of our
service by means of a temporary “session” cookie which helps you to
navigate through the mobile app and website and enhances your user experience.
These cookies disappear when your browser session ends, or when you click the
“Signout” link on the mobile app; and
9.2.3 To help us recognise you as a unique
visitor by means of a “persistent” cookie when you return to our
mobile app and website and to allow us to tailor content to match your
preferred interests or to avoid showing you the same messages repeatedly.
9.3
Analytical
cookies. We also use analytical cookies and similar analytical tools to compile
anonymous, aggregated statistics that allow us to understand how users use our
service and to help us improve the structure of our mobile app and website.
This is not Personally Identifiable Information (PII), and we cannot identify
you in this way. These cookies allow us to understand who has seen which pages,
to determine how frequently particular pages to determine the most popular
areas of the mobile app and website, and generally to monitor usage of the
mobile app and website. We will also use aggregate non-personal data to track
the success of any advertising campaigns on our mobile app and website, to
improve the effectiveness and suitability of advertising in communications sent
by us and other companies in the Ailuna group and/or to provide to third
parties anonymised, demographic data provided by you to target advertising more
appropriately.
9.4
Third
party cookies. In order to help us to keep the consumer version of our mobile
app and website free of charge for consumers, some of the web analytics
companies and advertisers, if any, used on the mobile app and website may place
tracking cookies on your web browsers and/or computer. These cookies and
embedded code are used for tracking the success of advertising campaigns. These
cookies are normally permanent. Advertisers on our mobile app and website and
newsletters, if any, may use cookies and similar analytical tools (both on our
mobile app and website and elsewhere) to monitor the success of the
advertising, to control the frequency and repetition of advertisements and to ensure
that advertising is relevant to individual users.
9.5
Further
information. Please use the details in Contact Us to request further details
about individual cookies used on our mobile app and website by us and by third
parties.
9.6
Disabling
cookies. Most internet browsers are automatically set up to accept cookies, but
you can set your browser to refuse a cookie by changing your browser security
settings, or you can ask your browser to show you where a cookie has been set
up. You may also be asked to consent to the use of certain cookies upon
entering or registering on our mobile app and website. Certain features on our
mobile app and website are only activated by the presence of a cookie so, if
you do not accept certain cookies, our mobile app and website will not work
properly. You can find out more on how to disable/enable cookies via the
following link https://allaboutcookies.org.
10 Your data Rights
10.1
Your
rights: Subject to exceptions under applicable law, you may have certain
choices regarding our use and disclosure of your personal information, as
described below:
10.1.1 Access: You have the right to
request, twice in a 12-month period, that we disclose to you the personal
information we have collected about you during the past 12 months and details
regarding our collection, use, disclosure and sale, if any, of such
information.
10.1.2 Deletion: You have the right to
request that we delete certain personal information we have collected from you.
10.1.3 Opt-Out: You have the right to opt
out of certain cookie use, as described in the section headed “Our use of Cookies”
10.2
To
exercise your rights, please use the details in Contact Us. In order to process your request we
may require you to provide certain information to verify your identity (such as
your name, email address, phone number and/or address) or the authority of any
third person acting on your behalf.
10.3
For
users in the United States: California Privacy Rights
10.3.1 This section applies solely to the
personal information collected online and offline of California consumers
(excluding employees, applicants, staff and contractors). This section is
intended to address the relevant notice requirements of the California Consumer
Privacy Act of 2018 (the “CCPA”) and uses certain terms that have the meaning
given to them in the CCPA.
10.3.2 Your information, sources and
purposes: Please refer to the sections above headed “Types of data we collect”
and “Our use of Cookies” for a description of the personal information we may
collect about you (or have collected in the preceding 12 months) and the
sources of such information (such as directly from you and your device or
through certain third parties). These sections also describe the purposes for
which we may use or have used such information.
10.3.3 Sharing your information: We may have
shared your personal information with certain categories of third parties, as
described in the section headed “Where we store your Personal Data” above.
10.3.4 Selling your information: We do not
sell personal information in exchange for monetary compensation.
10.3.5 No discrimination: If you choose to
exercise any of your rights under the CCPA, you have the right to not receive
discriminatory treatment by us. This section is available in alternative
formats upon request using the details in Contact Us.
10.3.6 Personal, family and household
clients: In addition, under California Civil Code Section 1798.83, if you are a
California resident and your business relationship with us is primarily for
personal, family or household purposes, you may request certain data regarding
our disclosure, if any, of personal information to third parties for the third
parties’ direct marketing purposes. To make such a request, please send an
e-mail message to our e-mail address below with “Request for California Privacy
Information” in the subject line. You may make such a request up to once per
calendar year. If applicable, we will provide you, by e-mail, a list of the
categories of personal information disclosed to third parties for their direct
marketing purposes during the immediately preceding calendar year, along with
the third parties’ names and addresses. Please note that not all personal
information sharing is covered by Section 1798.83’s requirements.
10.4
International
transfers
10.4.1 Where we share your information with
a third party service provider outside of the European Economic Area and
Switzerland (as detailed in the section entitled “Where we store your Personal
Data”), we contractually oblige the third party service providers, through
their respective Privacy Policies, to implement adequate safeguards to protect
your information.
11 Disclosure of Data
11.1
We
do not share personal information about you with other people or non-affiliated
companies except under the following circumstances:
11.1.1 We will disclose your personal
information to third party providers for the purposes of providing online
services, and any other services required in order for us to use your
information for the purposes specified in the section entitled “How we use your
Personal Data”.
11.1.2 We will disclose your personal
information to any law enforcement agency, court, regulator, government
authority or other third party where we believe this is necessary to comply
with a legal or regulatory obligation, or otherwise to protect our rights or
the rights of any third party.
11.1.3 Where you are using the services as
part of Ailuna for Business, we may share your calculated environmental impact
information (e.g. your carbon footprint), your Ailuna score in the form of “XP
Points”, the type and the overall number of actions that you have committed to
and completed with your employer, the “Ailuna For Business Client”. The Ailuna
for Business client will also have access to your email address for account
management purposes. The Ailuna for Business client will be an independent data
controller of such personal data.
11.1.4 We retain the right to disclose your
personal information to any third party that purchases, or to which we
transfer, all or substantially all of our assets and business. Should such a
sale or transfer occur, we will use reasonable efforts to ensure that the
entity to which we transfer your personal information uses it in a manner that
is consistent with this Privacy Policy.
12 Data Retention
12.1
In
determining how long to hold your personal information we will consider whether
it is necessary for us to keep it to achieve the purposes we’ve described in
this privacy policy. We only retain your personal information for as long as we
have a lawful reason to do so, which includes providing our services to you,
complying with legal and regulatory obligations we are under, and resolving
disputes and enforcing agreements.
12.2
As
an Ailuna user you have the right to delete your account at any time which will
mean we will also delete the information associated with your account, but
there may some limited circumstances where we retain account information, for
example if necessary, in connection with a legal claim.
12.3
We
retain information relating to our contracts for the lifetime of the contract
and up to 7 years after.
12.4
Where
we sought your consent to process your personal information and we have no
other lawful basis to continue with that processing, if you subsequently
withdraw your consent, we will delete your personal information.
12.5
If
you request that we no longer send you direct marketing communications, we will
keep a record of your request and contact details to ensure that your request
is respected.
12.6
Where
it is no longer necessary for us to keep personal information, it will be
deleted or in some cases anonymised so that you cannot be identified from it.
13
Children
13.1
Our
terms and conditions state that you must not use Ailuna if you are under 13
years of age without the supervision and permission of a parent, guardian or
teacher.
13.1.1 If the user is under the age of 13
then it is the responsibility of the parent, guardian or teacher to ensure that
they do not submit any personal information to us about the user
13.2
In
addition, our Products are not specifically aimed at young people but if you
are a young person aged 13 or over, using our Products, then this policy will
tell you about your rights and how we use your data. Please ask your parents or
guardian if you have any questions and they can also Contact Us.
14 Your Choices
14.1
You
have the right to ask for access to any personal information that we hold about
you in our records, to correct any inaccuracies and to update any out-of-date
information. In some circumstances, you have the right to request the erasure
of your personal information or a restriction of its use.
14.2
You
have the right to object to us processing your personal information in some
cases. In particular, you can ask us to stop sending you direct marketing communications
at any time (however please note that we may continue to send you
service-related (i.e. non-marketing) communications, such as e-mail updates on
how to live sustainably). If you wish to exercise any of these rights, please
write to us at the address listed below.
14.3
You
may unsubscribe from e-mail marketing communications at any time by e-mailing
the address below in Contact Us or clicking on the “unsubscribe” link in any Ailuna
marketing e-mails.
14.4
You
have the right to complain about the way your data has been handled or
processed.
14.4.1 If you have a concern about how we
use your information, as a first step please use the details in Contact Us to
inform us. We will investigate your concern, and respond to you in writing within a reasonable
time setting out our proposed remedial action.
14.4.2 If you are not happy with the
outcome, and you think we have processed your personal information in a manner
which is unlawful or breaches your rights you also have the right to complain
to a European Data Protection Authority in your place of residence or work, or
the jurisdiction in which the processing took place.
15 Law and Jurisdiction
15.1
If
any court or administrative body of competent jurisdiction finds any provision
of this Privacy Policy to be invalid, unenforceable or illegal, the other
provisions in this Privacy Policy shall remain in force. If any invalid,
unenforceable or illegal provision would be valid, enforceable or legal if some
part of it were deleted, the provisions shall apply with whatever modifications
necessary to make it valid, enforceable and legal.
15.2
This
Privacy Policy sets out the entire agreement and understanding between Ailuna
and its users and supersedes all prior oral and written understandings,
representations and discussions between them respecting its subject matter,
save that nothing in this Privacy Policy shall prejudice the statutory and
common law rights of either party in relation to their Personal Data.
15.3
A
person who is not a party to this Privacy Policy has no right to enforce any of
its terms under the Contracts (Rights of Third Parties) Act 1999.
15.4
This
Privacy Policy shall be construed and shall take effect in accordance with
English Law and be subject to the jurisdiction of the English Courts.
16 Contact Us
16.1
If
you have any questions about this Privacy Policy or the manner in which your
information may be processed, please contact us at Chillisalsa Limited (trading
as Ailuna), Inca, The Lane, Lyford, Wantage OX12 0EE, United Kingdom or via
email to life@ailuna.com.
