Privacy Policy

Introduction

We at Proscale know that you, the user, care about how information about you is used, shared, and processed, and we appreciate your trust in using our services, herein is a description of Proscale’s privacy policy (the “Policy”).

This Policy explains how and for what purposes we use the information collected about you via www.bethechallenge.com, the online platform and through the services which we provide. The website is not intended for use by persons under eighteen (18) years of age, and by no means do we knowingly collect personal data in relation to children.

Any processing of information gathered as a result of the use of this website by consumers or other persons is governed by the provisions of data protection legislation, in particular Regulation (EU) 2016/679 (General Data Protection Regulation) and the Maltese Data Protection Act (Chapter 440 of the Laws of Malta).

Please read this Policy carefully, it can easily be accessed via a link at the bottom of each web page.  By using the website and the online platform and any services we offer, you are agreeing to be bound by this Policy in respect of the information collected about you.

If you have any queries or comments about the Policy, our use of your personal information or wish to unsubscribe from messages from us, please get in touch through our email address [email protected] or call us on +356 99999572 / +35679940401.

Data Controller

The Data Controller of our website is Etienne Camilleri, whose office is situated at (address needs to be changed).

Data we collect:

We collect your personal information in order to be able to improve our products and provide you with a better quality of service.

The following is a list of the information we gather:

Identity Data including:
Your name;
Your surname;
Your date of birth;
Your height;
Your weight;
Your waist;
Your target weight; 
Your gender; &
Your activity.

Contact Data including:
Your postal address;
Your email address;
Your telephone number;
Your mobile number.

Financial information, including bank account and payment card details;
Your profile username and password;
Any other information you voluntarily provide.
We may also carry out background checks in order to verify the personal information which you provide us with.

How we collect your data:

When you provide the details necessary for registration to use this website;
When you register for a special marketing campaign;

When you place an order:

Information provided at the time of sign up for our email newsletters
When you register for any loyalty scheme that we offer from time to time;
When you request that promotional emails be sent to you;
Information provided when completing surveys for research purposes;
Information provided when you contact our customer care team; and
Any other time you provide any information about yourself.

Registration  

When you register on the website or online platform you may be required to provide personal information such as your name, address, telephone number, email address, height, weight, target weight, activity and a password. You can change and update this information at any time by logging into the online platform once registration has been completed.

Log In

When you log into the online platform you will be required to enter a username and password. We will store this information on the system. Please keep your username and password safe and do not disclose it to anyone. We will also store any data added in respect of your social media accounts.

Where we have given, or you have chosen a password, you are responsible for keeping this password confidential.

How we use your information

We use your information in the following ways:

to deliver your purchases to you;
to match you with other users of Proscale (Be The Challenge) platform as best suited to your requirements;
to assign you to a Facebook group that will be set up for the purposes of the Proscale services to be provided;
to send you service messages by email, SMS or otherwise, such as order updates;
to create and manage your Proscale account;
to provide customer care and support;
for security and to check your identity;
to provide you with marketing or promotional material (where you have consented for us to do so);
to show you adverts as you browse the Proscale platform;
to direct you to the right part of the Proscale website or platform;
to communicate with you.

No matter how we specifically use the information provided to us, we have been careful to ensure that, at all times, we have a lawful basis for processing your personal data in terms of Article 6 of the GDPR. Our lawful basis for processing your data may include:

Where you specifically consent to our processing of your data for one or more specific purposes:

For example, if you have agreed to our Terms and Conditions and to the terms of this Privacy Policy, you have specifically provided us with consent to use your personal data for things such as matching you with other users of the Proscale platform, and sending you service messages like order updates.

Where processing your data is necessary for compliance with a legal obligation to which we are subjects:

In some situations, we may be obliged by law to provide your personal information to the lawful authorities. For example, if you are the subject of criminal compilation proceedings, we may be required to provide data relating to your activity on the Proscale platform.

Any personal data that you provide us with during the registration process will be stored in our database and may not need to be re-entered with each new order, in order to provide a smoother user experience.

Please note that our ability to provide you with services through the Proscale platform may be partially or completely inhibited if we delete your personal data at your request.

Any personal data being held with regard to any accounts which are inactive for a period of two (2) years will be automatically deleted.

No personal data will be stored, in any circumstance, beyond the legal retention periods allowed by Maltese law and, where applicable, European Union law.

Marketing Communications

If you opt in to receive marketing communications from us, you consent to the processing of your data to send you such communications, which may include newsletters, blog posts, surveys and information about new events. We retain a record of your consent.

You can choose to no longer receive marketing communications by contacting us at [email protected] or clicking unsubscribe from a marketing email. If you do unsubscribe to marketing communications, it may take up to 2 business days for your new preferences to take effect. We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.

Use of Cookies

A cookie is usually a small piece of data sent from a website and stored in a user’s web browser while a user is browsing a website. They are used by web developers to help users navigate their websites efficiently and perform certain functions. Cookies allow our website to keep track user activity on our website and allow us to analyse such activity to provide you with a better shopping experience. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user’s previous activity, thereby distinguishing the user from others using the site. Due to their core role of enhancing/enabling usability or site processes, disabling cookies may result in a sub-optimal user experience.

The Proscale platform uses cookies to help us provide you with the best possible experience and to allow us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. We may collect information about your computer, including, where available:
Your operating system;
Your browser type;
Your system information;

We may use this information to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns and shall not be used in any way for the purposes of identifying an individual.

Security

We are committed towards ensuring that any data collected in relation to this website is kept securely at all times. We have taken all reasonable measures to prevent unauthorised access or disclosure of this information through the installation of appropriate physical, electronic and managerial procedures to safeguard and secure any information collected through our website.

Storage of Data

We undertake to store and, or to transmit your data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity. To ensure that your data is treated securely and in accordance with this privacy policy we will endeavour to take all reasonable necessary steps in protecting your privacy. We will do our best to protect your personal data. All information you provide to us is stored on our secure servers. However, we have no control over the transmission of information over the internet and therefore cannot guarantee the security of data transmitted to our sites.

While we undertake to take all commercially reasonable steps to guarantee the security of all credit card and all other personal information, we unequivocally relieve ourselves from any liability and take no responsibility for any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, and you agree to hold us harmless for any damages that may result therefrom. Hence, any transmission of data is at your own risk.

Some or all of your personal data may be stored or transferred outside of the European Union (the EU) for any reason, including for example, if our email server is located in a country outside the EU or if any of our service providers or their servers are based outside of the EU. We shall only transfer your personal data to organisations that have provided adequate safeguards in respect of your personal data.

Third party Websites

From time to time the Proscale platform may contain links to and from the websites of our partner networks, advertisers and affiliates. If you visit any of these websites please note that they may have their own privacy policies. Therefore, you should check these before submitting any personal data. We cannot accept any responsibility or liability for any policies made by third parties.

Your Rights

As an individual you may exercise your right to access the data held about you by Proscale by submitting your request in writing to the Data Controller.

Although all reasonable efforts will be made to keep your information updated, you are kindly requested to inform us of any change referring to the personal data held by the association. In any case if you consider that certain information about you is inaccurate, you may request rectification of such data.

If you have any complaints in relation to this privacy policy or otherwise in relation to our processing of your personal data, you should contact the Maltese supervisory authority: The Office of the Information and Data Protection Commissioner.

You also have the right at any time to require that we delete your personal data and request data portability.

Payment Method and Security

All online purchases shall only be accepted against payment by credit/debit card or Paypal. Your card details are received and processed directly by our payment gateway (PSP), the APCOpay Payment Gateway; your card details are transmitted from you to the payment gateway (PSP) encrypted over high-strength SSL for maximum protection and confidentially. Proscale does not at any point handle the card information.

For additional security, your three digit security code found at the back of your card is never stored by the payment gateway (CVV/CVC2). Without this number, additional transactions attempted on your card, without your authorization, would be rejected.

The payment gateway (PSP) is licensed and authorized by Visa, MasterCard and other card associations to act as a payment gateway and is fully audited and compliant with the Payment Card Industry Security Standards.

You undertake and agree to provide correct details to Proscale for the purpose of ordering or purchasing goods from the website.

You also undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

Changes to the Policy

We may change this Policy from time to time without notice as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this Policy will be posted on the website.

In changing this Privacy Policy, we undertake:
not to materially change these terms in a manner that reduces protection for your data;
where it makes changes to these terms, to ensure that the differences between successive versions are readily accessible;
to maintain all prior versions of these terms in such a manner that they are dated, and readily accessible.

Governing Law and Jurisdiction

This Policy shall be governed by and interpreted in accordance with the laws of Malta. By accessing this website, you consent to the exclusive jurisdiction of the courts of Malta in all claims or disputes arising in relation to or in connection with this website and its use and the privacy policy.

Contact

Thank you for taking the time to read our Privacy Policy.

Any comments or suggestions that you may have, and which may contribute to a better quality of service will be welcomed and greatly appreciated. These may be emailed to [email protected]