Tuhoon – Privacy Policy Last updated: 21 April 2022

Tuhoon (“we”, “our”, “us”) is committed to protecting and respecting your privacy. We are a limited liability company established in the United Arab Emirates with a registered office at Tuhoon, FZ-LLC, PO Box 333231, Dubai, UAE, and for the purpose of applicable data protection laws, we are the data controller.

This Privacy Policy sets out the basis on which we will process any personal data or usage information we collect from you, or that you provide to us, in connection with your use of our website at www.tuhoon.com (our “Website”) and in connection with the Tuhoon App and other products and services we provide to you (together, the “Services”).

Please read this Privacy Policy carefully so that you understand your rights in relation to your personal data, and how we will collect, use and process your personal data. This Privacy Policy supplements any other privacy related notices and policies we may provide to you from time to time, and is not intended to override them. If you do not agree with this Privacy Policy in general or any part of it, you should not access the Website, use our Services or otherwise provide your information to us.

Our Website and Services are not intended for children, and we do not knowingly collect data relating to children. Children must not use the Services, except where their parent or guardian has provided consent, if this option is available in your location.

We change our Privacy Policy from time to time. Updates to our Privacy Policy will apply only to information collected after the date of the change. We will note on our Website when our Privacy Policy has been updated. Please check the Website regularly for notices of changes to our Privacy Policy.

1. THE INFORMATION WE COLLECT

   
   

   Information you give to us

   
   

   You may provide some or all of the following personal data to us by creating an account with us, using our Services, contacting us via our Website, our Services or by telephone, text/SMS, email, social media, instant chat, our “contact us” page, or otherwise, or signing up for our newsletters or alerts:

   
   

   • Your name, email address, date of birth, password

   • Your contact details, including your telephone number

   • Information about your use of the Services, including the content which you access and your progress

     
     

   • Information you submit to the Services, such as in relation to how you are feeling

   • Information which you choose to share from other devices such as a smart watch (e.g. your sleep data)

     
     

   • Feedback you provide on the Services

   • Purchase and payment information Information we collect automatically

     When you visit our Website and use our Services we automatically collect the information sent to us by your computer, mobile phone or other device. This information includes: (i) your IP address; (ii) device information including, but not limited to, name and type of operating system; (iii) mobile network information; (iv) standard web information such as your browser type and the pages you access on our Website; (v) transaction information (but not payment card or account details), including device information, transaction details, and IP address; (vi) security information including a list of certain installed software, device and internet connection information, and available space on the device.

     
     

     Information we collect from third parties

     
     

     We may receive your contact details from your employer to validate your access to the Services.

     
     

2. HOW DO WE USE YOUR INFORMATION?

   
   

   We obtain your consent to process your personal data for the following reasons:

   
   

   • In jurisdictions where consent is the primary legal basis for processing, we rely on your consent to offer you the Services and carry out the processing described in this Policy. In other jurisdictions, we may rely on alternative legal basis which are referred to in this Policy.

   • To sign you up for our newsletters or alerts;

   • To analyse your use of the Services and personalise our Services for you; and

   • If you opted into marketing, to communicate with you about products, services, marketing, promotions, events and other news and information we think will be of interest to you.

     
     

     We process your personal data in order to perform our contract with you, such as:

     
     

   • To provide you with our Services, other content and Website functionality; and

   • To register and maintain your account with us.

     
     

     In order to be responsive to you, to provide effective services to you, and to maintain our business relationship, as a matter of our legitimate interests, we will use your personal data to:

     
     

   • Administer the Website and Services, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis;

   • Maintain the safety and security of our users, the Website, our Services, and business;

   • Send you announcements in relation to security, privacy or administrative related communications (these communications are not marketing orientated, and we do not rely on consent, so you may not opt out);

   • Personalize our Website and our Services to ensure content is presented in the most effective manner for you and your device; and

   • Improve and develop our products.

     
     

     In addition, we will use some or all of the above information to comply with any applicable legal obligations, to enforce any applicable terms and conditions and/ or terms of service, and to protect or defend the Services, our rights, the rights of our users, or others.

     
     

3. COOKIES

   
   

   We use cookies and other similar technologies on our Website and Services to collect information about your browsing activities over time and across different websites following your use of our Services. Cookies allow us to recognize and count the number of users and to see how users move around our Website and Services when they are using it,. This helps us to improve our Services and the way our Website works, personalize our Website and Services to you and tailor our advertising so that this is

   more relevant to your interests. You can find more information about cookies and how to manage them, including how to change your cookies settings in your browser here.

   
   

   
   

4. HOW THE COMPANY SHARES YOUR INFORMATION

   
   

   We do not use or share your personal data with others except as described in this Privacy Policy. In certain circumstances, we will share your information with third parties with your consent, as necessary, or as otherwise required or permitted by law. Specifically, we share your personal data:

   
   

   • With service providers and vendors for business purposes in our legitimate interests, or to perform a contract with you. Such third parties include: (i) data analytics vendors; (ii) security vendors; and (iii) website hosting vendors. These service providers assist us with many different functions and tasks, such as providing data storage and disaster recovery services and communicating with you.

     
     

   • When you request us to share certain information with third parties, with consent or to perform a contract with you. With your permission or upon your discretion, we will disclose your personal data to relevant third parties.

     
     

   • With professional advisors, in our legitimate interests or as required by law. As necessary, we will share your personal data with professional advisors functioning as service providers such as auditors, law firms, or accounting firms.

     
     

   • For legal and security reasons and to protect our services and business, in our legitimate interests or as required by law. We will share your personal data with regulators, law enforcement agencies, public authorities, or any other relevant organisations: (i) in response to a legal obligation; (ii) if we have determined that it is necessary to share your personal data to comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries; (iii) to protect the interests of, and ensure the safety and security, of us, our users, a third party or the public; (iv) to exercise or defend legal claims; and (v) to enforce our terms and conditions, other applicable terms of service, or other agreements.

     
     

   • With our affiliates, in our legitimate interests. We may share your personal data with companies within our corporate family.

     
     

   • In connection with an asset sale or purchase, a share sale, purchase or merger, bankruptcy, or other business transaction or re-organisation, in our legitimate interests. We will share your personal data with a prospective buyer, seller, new owner, or other relevant third party as necessary while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.

     
     

     We do not share your personal data with our enterprise customers (e.g. your employer) and only share aggregated or anonymous data about the use of our Services.

     
     

5. WHERE WE STORE YOUR INFORMATION

   
   

   Where permitted under applicable privacy laws, the personal data that we collect from you will be transferred to, and stored at/processed in countries outside of the jurisdiction in which you reside. Your personal data is also processed by staff operating outside the jurisdiction in which you reside, who work for us or one of our third party service providers or partners. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy.

   For any transfers of data outside of the UAE, the data transfer will take place to a country that has been determined by the UAE Data Office to provide an adequate level of protection for individuals’ rights and freedoms for their personal data, in line with bilateral or multilateral agreements relating to data transfers, or in line with an exception to data transfer requirements, such as where we have put in place appropriate contractual clauses to govern the transfer, where you have provided your consent to the transfer or where the transfer is necessary to perform a contract with you, such as to provide the Services.

   
   

6. HOW LONG DO WE STORE YOUR PERSONAL DATA?

   
   

   We will retain your personal data for as long as needed to provide you with the Services or to communicate with you.

   
   

   We will also retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies. If you stop using our Services or if you delete your account with us, we will store your information in an aggregated and anonymised format; we may use this information indefinitely without further notice to you.

   
   

7. SECURITY

   
   

   Although we do our best to protect your personal data, we cannot guarantee the security of your information transmitted through the Services or over email, text/SMS, or other communication methods; any transmission is at your own risk.

   
   

8. YOUR RIGHTS

   
   

   Depending on the jurisdiction in which you reside, you may have certain rights in relation to your personal data, including:

   
   

   • Access: You have the right to access personal data we hold about you, how we use it, and who we share it with.

   • Portability: You have the right to receive a copy of the personal data we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

   • Correction: You have the right to correct any of your personal data we hold that is inaccurate.

   • Erasure: In certain circumstance, you have the right to delete the personal data we hold about you.

   • Restriction of processing to storage only: You have the right to require us to stop processing the personal data we hold about you, other than for storage purposes, in certain circumstances.

   • Objection: You have the right to object to our processing of your personal data.

   • Objection to marketing: You can object to marketing at any time by opting-out using the unsubscribe/ opt-out function displayed in our communications to you.

   • Withdrawal of consent: Where we rely on consent to process your personal data, you have the right to withdraw this consent at any time by emailing us at support@tuhoon.com.

     
     

     Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals

     or our trade secrets or intellectual property, where there are overriding public interests or where we are required by law to retain your personal data.

     
     

     To exercise any of these rights, you can contact support@tuhoon.com. We will respond to requests to exercise these rights without undue delay and in line with applicable legal requirements.

     
     

9. THIRD PARTY LINKS

   
   

   Our Services may contain links to other online platforms, plug-ins or other applications operated by third parties. We do not control such other sites or applications, and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Services. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal data by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

   
   

10. COMPLAINTS

    
    

    If you have complaints about how we process your personal data, please contact our Data Protection Officer at support@tuhoon.com and we will respond to your request as soon as possible.

    
    

    If you think we have infringed data protection laws, you may also be able to file a claim with the data protection supervisory authority in the jurisdiction in which you reside or where you think we have infringed data protection laws.

    
    

11. CONTACT

    
    

    We welcome your questions, comments, and concerns about this Privacy Policy or your personal data. Please send us any feedback to support@tuhoon.com. You can also contact our Data Protection Officer at support@tuhoon.com.

    
    

12. LANGUAGE

Except as otherwise prescribed by applicable law, in the event of any inconsistency between the English language version and local language version of this Privacy Policy, the English language version will prevail.