1 INTRODUCTION
1.1 Welcome to Pick Your Playground. We are so excited to have you here and we look forward to helping Welcome to PickYourPlayground. We are pleased you are looking at Joining our Tribe, and we look forward to helping you connect to become part of our adventure community.
1.2 We have created a unique space where Adventure Owners and Adventure Seekers can find each other seamlessly. You can also obtain useful information, find special promotions, live events, associated merchandise; and book and pay online.
1.3 If you are a business owner, our Site affords you a rare opportunity to instantaneously connect with a large niche audience. You can list and promote your products and services to the right people – people who really want and need what you have to offer.
1.4 It is very important to us that our Site is a safe and secure space, where you can feel relaxed and know that we are looking after your rights and interests at all times. We take our legal obligations very seriously, which is why we have made sure that you can easily access all our policies and procedures on the Site, at any time. Please take the time to read through this Privacy Policy (“this Policy”) carefully, and if you have any questions, please do not hesitate to contact our Data Protection Officer. The details of our Data Protection Officer are set out in clause 22 below.
1.5 As a guest, you will be able to access many of the features of the Site without having to register any details with us. Insofar as our Mobile Application (“the App”) is concerned, you will need to register with us and create a User profile in order to access the unique features that the App has to offer.
1.6 If you are a business owner wanting to list your products and services on the App, you will be required to subscribe to Pick Your Playground and create a User account with us.
1.7 It is your responsibility to ensure that your User profile/account is accurate and up-to-date, and that you do not misrepresent yourself, either through false information on your User profile/account, or through any omission by you. Pick Your Playground is not responsible for the accuracy of your User profile/account.
1.8 This Policy can be accessed on our Site at all times. By using our Site, you accept the terms of this Policy, and you Consent to us Processing your Personal Data for the purposes set out in this Policy. Furthermore, when you purchase any of our Products, or register for any of our Services, you are deemed to have accepted and Consented to the Processing of your Personal Data and the use practices set out in this Policy. Such acceptance is voluntary, but it is required in order for us to supply you with the Products and provide you with the Services that we offer. If you do not agree with anything in this Policy, or any of the changes made to it, then you may not access the Site, purchase any of the Products, nor register for, nor use any of the Services that we offer.
2 DEFINITIONS KEY
2.1 We are required, throughout all of our terms, conditions, agreements, policies, and procedures, to make use of certain legal terms. Certain words will also have a very specific meaning, that is only applicable within the context of the document that you are reading. We appreciate that this can be confusing, and it is for this reason that we have created this Definitions Key clause to assist you.
2.2 This Definitions Key clause contains an explanation of all of the important terms (legal and otherwise) that are used in this Policy and gives each word a specific meaning within the context of the clause that you are reading. Please refer back to this clause 2 whenever you are uncertain about the meaning or context of any word that you come across in this Policy.
2.3 In this Policy, clause headings are for convenience only and shall not be used in the interpretation of the document that you are reading.
2.4 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other gender; a natural person includes an artificial or juristic person and vice versa; the singular includes the plural and vice versa.
2.5 Unless the context clearly indicates a contrary intention:
2.5.1 words and expressions defined in the Definitions Key shall bear corresponding meanings in this Policy; and
2.5.2 terms that are used in this Policy that are specifically defined in the FDPL, are given the meanings ascribed to them in the FDPL.
2.6 In addition to other terms that have been defined in the body of this Policy, the following words have the following meanings:
“Automated Processing” Processing which is carried out using an electronic program or system which operates in an automated and automatic manner, either completely independently without any human intervention, or partially with limited human supervision and intervention
“Biometric Data” Personal Data resulting from Processing using specific technology relating to your physical, physiological, or behavioural characteristics, which allows for your identification or the confirmation of your unique identification, such as fingerprint data or a facial image
“Business Days” business days or standard working days, as recognised in the UAE in terms of relevant legislation
“Commencement Date” the first time that you access the Site, for any reason whatsoever, as a guest or as a registered User
“Consent” voluntary, specific, clear, informed and unambiguous consent that is provided by you through a clear affirmative statement or action, of your own free will, and without any undue influence from any person whatsoever
“Contracted Third Parties” third parties with whom we contract in order to be able to optimally perform our obligations and supply the Products and render our Services to you, including, but not limited to: service providers, affiliates, consultants, credit bureaus (to report account information, as permitted by law), insurance providers and other companies or persons that assist with parts of our business operations (including fraud prevention, bill collection, marketing and technology services)
“Cross-Border Processing” publishing, using, displaying, transferring, receiving, retrieving, sharing or Processing Personal Data outside of the UAE
“Data” an organised or unorganised set of data, facts concepts, instructions, observations or measurements in the form of numbers, letters, words, symbols, images, videos, signs, sounds, maps or any other form, and including information
“Data Breach” breaching information security and Personal Data through illegal or unauthorised access, including copying, sending, distributing, exchanging, transferring, circulating or Processing such Personal Data in a way which leads to disclosure of such data to third parties, or destroying or modifying it during storage, transfer or Processing
“Data Controller” a company or a natural person that has Personal Data, and by virtue of its activity, determines (whether individually or jointly with other persons or establishments) the method and criteria for Processing such Personal Data and the purpose of Processing it
“Data Processor” a company or natural person that Processes Personal Data on behalf of a Data Controller, and under the supervision and in accordance with the instructions of the Data Controller
“FDPL” the Federal Data Protection Law 45 of 2021, together with any regulations promulgated in relation thereto, as amended from time to time
“Fees” the fees payable by you to us in respect of the Subscription Plan selected by you, the Products purchased by you, and/or the Services provided to you, exclusive of all applicable levies and taxes, as updated from time to time, and as more fully set out on the Site and in the General Site Terms and Conditions
“Intellectual Property Rights” intellectual property of all kinds and descriptions, together with all rights subsisting therein, whether statutory or at common law, including, all Proprietary Information, all copyrighted works, trade marks (whether registered or not), designs (whether registered or not), inventions (whether patented or not), software programs, procedures, methodologies, data and flow charts and all statutory registrations and applications therefor as at the Commencement Date, together with all improvements, developments and customisations of the aforegoing
“Internet Usage Information” includes, but is not limited to: your IP address; browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Site, and the dates and times that you visit the Site, paths taken, and time spent on sites and pages within the Site
“IP” Internet Protocol, meaning the set of rules governing the format of data sent via the internet or local network; “ISP” Internet Service Provider; “Mobile Application” the application software of Pick Your Playground, developed for mobile devices, which may be downloaded and installed on your mobile device, through which you may access certain information regarding your User account and certain Products and Services
“Optional Information” Personal Data that is provided by you to us on a voluntary basis, in addition to the Personal Data that is collected from your browser when you are on our Site or collected by us when you subscribe or sign-up to use our Services; “Parties” Pick Your Playground and the User collectively and “Party” shall mean either one of them, as the context may indicate
“Personal Data” any data which relates to a specific natural person, or a natural person who can be identified, directly or indirectly, through the linking of data, by reference to an identifier, as set out in terms of the FDPL (and any other applicable data protection legislation), and including Sensitive Personal Data and Biometric Data
“Pick Your Playground”, “the Organisation”, “us”, “our” and “we” PickYourPlayground LLC-FZ a company with registration number: [INSERT], having its registered address at [INSERT]
“Platforms” all online platforms and tools, subscribed to and operated by Pick Your Playground, that allow you to create, share, and exchange information and content with others, including but not limited to: Facebook, Instagram, LinkedIn, Twitter, and TikTok
“Process/Processing” any operation or set of operations performed on Personal Data using any electronic means, including collecting, storing, receiving, using, recording, organising, categorising, characterising, combining, merging, adapting, transforming, formatting, collating, updating, modifying, retrieving, altering, circulating, sharing, exchanging, distributing (or otherwise making available or disclosing by transmission or broadcast in any form), disseminating, linking, restricting, blocking, degrading, erasing, deleting, destroying or removing Personal Data, or creating forms thereof
“Products” any products offered for sale on the Site from time to time
“Proprietary Information” any and all know how, trade secrets and data/information of a proprietary and/or confidential nature, including data/information of a Party that the other Party should reasonably have known to be proprietary or confidential in nature
“Sensitive Personal Data” any data that directly or indirectly discloses a natural person’s family, ethnic origin, political or philosophical opinions religious beliefs, criminal record, Biometric Data or any data relating to the health of such person, including their physical, psychological, genetic or sexual health, and including information relating to the provision of health care services which may reveal their health status
“Services” all of the services provided by Pick Your Playground to you in accordance with the General Site Terms and Conditions, and all of our ancillary terms, consisting of, inter alia:
a platform where:
● individuals can access information and exchange ideas; find trusted service providers; get tried and tested recommendations; share valuable resources; find and make bookings at events, and access articles, blogs, group posts, news and other relevant and interesting links; and
● business owners can list products, services, and events, inclusive of all ancillary and related services, and all modifications, enhancements, updates and additions to the Services, together with any support services required by you in relation to the Services;
“Site” collectively the Mobile Application and the Platforms, and any website or mobile website that we may create in relation to the Products and Services from time to time
“Subscription Plan” the monthly, annual or other subscription plan that you select and register for, which allows you to make use of certain Services
“UAE” United Arab Emirates
“URL” Uniform Resource Locator; and
“User”, “you”, “your” and “yourself” any person who visits the Site, purchases the Products, or makes use of the Services offered by Pick Your Playground, for any purpose whatsoever.
3 OUR COMMITMENT TO YOUR PRIVACY
3.1 Pick Your Playground is committed to protecting the privacy of all of our Users. When you engage with us, you trust us with Personal Data about yourself, and we understand that this can be daunting. We value your trust and, as part of maintaining that trust, we recognise that there needs to be transparency and accountability regarding how we deal with your Personal Data.
3.2 For the most part, Pick Your Playground will act as a Data Controller, in the sense that we will exercise control over any Personal Data that you provide us with. Very rarely, we may act as a Data Processor, meaning that we will process your Personal Data in accordance with the instructions of a third-party Data Controller, or as otherwise permitted by law. Regardless of whether we are acting in the capacity of a Data Controller or a Data Processor, the protection of your Personal Data and maintaining the security and confidentiality of your Personal Data will at all times be one of our top priorities.
3.3 The purpose of this Policy is to explain to you how we Process and safeguard your Personal Data in performing the Services that we offer to you, and generally during the course of conducting our business. This Policy also describes to you the choices that are available to you regarding how we may make use of your Personal Data, how you can access and update your Personal Data, and what steps you can take should you be unhappy or concerned about the ways that we are dealing with or Processing your Personal Data.
3.4 In performing our Services in the ordinary course of business, we may Process Personal Data. If we collect Personal Data from you, you have the right to expect that such Personal Data will be lawfully protected, as far as is reasonably possible. Any use of or other dealing with your Personal Data is subject to Consent, where this is required by law. This is in line with the general privacy practices of the Organisation.
3.5 When we Process Personal Data, we will always do so for legitimate business purposes and in line with the provisions of FDPL and any other relevant legislation.
3.6 This Policy is incorporated into, forms part of and is subject to the Organisation’s standard terms and conditions and the General Site Terms and Conditions.
4 WHO DOES THIS POLICY APPLY TO This Policy applies to you if you:
4.1 are a guest on our Site, a business associate or another interested party
4.2 are a business owner, listing your products or services on our Site; 7
4.3 purchase any of the Products on our Site, or register for any of the Services on our Site
4.4 contact or communicate with us via our Site or opt-in to any marketing communication from us or
4.5 provide feedback, send messages, or make available any other content on our Site.
5 CHILDREN’S PRIVACY
Our Site is not targeted at children, nor is it intended for use by anyone under the age of 21 (Twenty-One) years old. We have no intention of Processing information about children through the Site and we will use our best endeavours not to knowingly Process information from children through the Site. You may not use our Services if you are younger than 21 (Twenty-One) years old and/or do not have legal capacity to conclude legally binding agreements. By registering to use the Services, you warrant that you are over the age of 21 (Twenty-One) years old and/or have the necessary authority to register for the Services and to agree to this Privacy Policy and the terms of use set out herein.
6 WHAT PERSONAL DATA IS COLLECTED BY US
6.1 We will only collect Personal Data from you that is necessary for us to perform our Services. We may Process Personal Data in conducting our ordinary business operations, including through the use of the Site and through the provision of the Services. In Processing such Personal Data, we will at all times ensure that we do so in compliance with the provisions of FDPL and other applicable legislation, and that such Personal Data is used for legitimate business purposes.
6.2 Examples of the types of Personal Data that we may Process include, but are not limited to the following:
6.2.1 basic information, such as your name, role/title, employer(s), and your relationship to a person in your contact information
6.2.2 identification information, such as your date of birth, passport number or identification number of any kind, as well as information collected from publicly available resources to verify any identification information about you
6.2.3 identifying information about any entity that you represent, such as a company registration number and tax number
6.2.4 geographic or locational information;
6.2.5 contact information, such as your telephone number or an email address
6.2.6 address information, such as your physical or postal address
6.2.7 demographic information, such as your gender or marital status and
6.2.8 bank account information, debit/credit card information, or other financial information.
7 WHAT OTHER INFORMATION IS COLLECTED BY US
7.1 We may also collect information from you that is not defined as Personal Data. Such information may include the following:
7.1.1 non-personal statistical information or data collected and compiled by us;
7.1.2 information that you have provided voluntarily in an open, public environment, such as comments, reviews, recommendations, endorsements or other content (because the information has been disclosed in a public environment, it is no longer confidential and therefore does not constitute Personal Data, subject to protection under this Policy);
7.1.3 information that has been made anonymous, so that it does not identify a specific person; and
7.1.4 permanently de-identified information that does not relate or cannot be traced back to you specifically
8 CONSENT
8.1 Unless permitted by law, whenever Consent is required to Process your Personal Data, we will ensure that we obtain such Consent from you.
8.2 Please note that we may, in certain circumstances, Process your Personal Data without your knowledge or Consent. This may occur in situations where we have a lawful basis upon which to do so, or where we are acting in compliance with a regulatory or statutory obligation or where to do so is necessary to protect the public interest.
8.3 If we have Processed your Personal Data with your Consent, you have the right to withdraw that Consent at any time. However, it’s essential that you are aware that the withdrawal of Consent will not impact the legality of any Processing carried out before the withdrawal of such Consent, nor will it affect any Processing based on other legitimate grounds for data processing. If you withdraw your Consent, and it is reasonable and lawful for us to do so, we may terminate our relationship wit