Privacy

 

Effective Date: 10 May 2019

1. INTRODUCTION AND GENERAL TERMS

These terms apply to the use of apps and other products and services developed and/or published by FITAR LIMITED (“FitXR” / “we” / “us”) and as further detailed below. Our registered office is at 5 Hatfields, We Work, London, England, SE1 9PG. We are a company registered in England and Wales, with company number 10652116.

This privacy and data policy (“Privacy Policy”) applies and has effect in respect of all of our apps, related online services (including online network play connectivity and interactivity) and other software and products made available by us (including without limitation BOXVR) (the “Games”), as well as any other online features relating to the Games, our websites (including, without limitation, https://fitxr.com/) (the “Websites”). Together, the Games and Websites are referred to herein as the “Online Services”.

Except where it may otherwise be expressly set out in the terms of use for our relevant Online Service, our Online Service is not marketed to users under the age of 16 and those aged under-16 should not use our Online Services.

We do not use our Online Services to knowingly solicit information from, or market to, those under the age of 16.

If you have any questions or comments about this Privacy Policy, or if you want to exercise your right to object to the processing of your personal data, you can contact us at privacy@fitxr.com.

We are committed to protecting and respecting your privacy. This Privacy Policy explains the basis on which personal data we collect from you will be processed by us or on our behalf. Where we decide the purpose and means for which personal data you supply through these Online Services is processed, we are the “controller” for the purposes of the General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018.

Please read this Privacy Policy carefully as it contains important information about the following:

  • What information we may collect about you;

  • How we will use information we collect about you;

  • Whether we will disclose your details to anyone else; and

  • Your choices and rights regarding the personal data we hold about you.

This Privacy Policy should be read in conjunction with our terms of use as may be applicable in respect of the relevant Online Service. Where terms of use are applicable, they will be made available via the relevant Online Service.

The Online Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal data that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.

We may make changes to this Privacy Policy in the future, which will be made available here. You should check here from time to time to ensure you are aware of any changes. Where appropriate, we may notify you of changes by email or through the Online Service.

2. INFORMATION WE MAY COLLECT ABOUT YOU

We may collect and process the following personal data from you when you use our Online Services (together, the “Online Services Information”):

Information provided by you when using an Game

(“Submitted Information”)

  • Username;

  • Language;

  • Your age bracket; and

  • Your physical demographic information (including your gender and your weight bracket).

Information that may be provided by you when you contact us for support

(“Contact Information”)

  • Your name; and

  • Your email address.

Information about your activities

(“Analytics”)

We may collect technical information about your use of our Online Services through the use of tracking technologies and analytics. Personal data we may collect in this way includes the following:

  • Your IP address and MAC address;

  • Your user/account ID with us;

  • Device country;

  • Time, date and install source of your Game download/usage;

  • Session start, duration and end timings;

  • Workout-related information such as ‘calorie burn’ data (which are estimates only and not collected using a medical device);

  • Identifying information about crashes and defects;

  • Device information (e.g. device type, device unique ID and browser);

  • Session results, progress and timings; and

  • System, browser and device settings and information (including make, model and operating system of your device, device properties such as orientation, Games played, country, language and locale settings);

  • ‘Events’ related to your Game usage and workout sessions using our Games, such as your achievement of a milestone and the occurrence of other particular events during your Game usage (such as session durations, completing a tutorial, workout level/type used, menu/navigation usage, accuracy in the workout, playlist choices).

This also includes the use of ‘cookies’ and similar technologies as further detailed below.

User-generated content and information hosted and displayed in our Online Services

(“User Content”)

When using our Online Services, you may decide to post information that may or may not contain personal data, in accordance with the rules of the relevant Online Service (where this functionality may be available). Similarly, when using some of our Games or other Online Services (where this functionality is provided by us) you may decide to post certain content such as leaderboard information and messages to other users, in accordance with the terms of use applicable for the relevant Online Service (“Leaderboards”).

 

In some cases, participation in Leaderboards may be optional. However, in some Online Services, Leaderboards may be posted automatically and can be a significant or essential part of the gameplay and user experience. Please be aware that it may not be possible for us to turn off this type of User Content functionality for you within the Online Service without affecting your user experience.

 

We cannot control the wider dissemination via the public internet of personal data that you may choose to post, or make available, in User Content or Leaderboards.

 

Cookies and similar technologies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Cookies and similar technologies are widely used in order to make websites and apps work, or work more efficiently, as well as to provide information to the owners/operators. FitXR uses cookies and similar technologies to help FitXR identify and track visitors / players, their usage of Online Services and their access preferences.

We use the following cookies from third party vendors when conducting our Analytics and for our other data processing activities set out in this policy, on the Website. You can find out more information about the vendor’s processing activities through the links provided:

Cookie or SDK Name / Title - Google Analytics

Description - Google Analytics is a service offered by Google that generates detailed statistics about a website’s traffic and traffic sources and measures conversions and sales.

Link (for more information and/or to control your ad preferences)

http://www.google.com/analytics/ https://policies.google.com/privacy?hl=en  

 

We also use other vendors, without the use of cookies or similar technologies, to assist us with our analytics processes. For these purposes we work with vendor Amplitude, Inc. and we may share your personal data with them in accordance with this Privacy Policy. You can find out more about Amplitude here: https://amplitude.com/privacy#cookies.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. To opt out of being tracked by Google / Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

To opt out of being tracked by advertising providers you can access a general opt out at http://www.networkadvertising.org/managing/opt_out.asp

 

3.  WHY WE COLLECT INFORMATION ABOUT YOU

To provide the Online Services to you

We will process information about you (including the Submitted Information and certain Analytics information) to deliver our Online Services to you under the terms of use agreed between us. The processing of information in this way is necessary, for example, for us to record your progress and current status within an Online Service such as a Game, and to ensure the Online Services deliver the features promised and function properly. For these purposes, we rely upon the legal basis of performance of a contract (being performance of the terms of use agreed between us) and our legitimate interests (being our commercial interests in providing enhanced services and functionality to you), except for our processing of weight data you may choose to submit to us (as further detailed below).

Where we process your personal data for Leaderboards, or other User Content, in our Online Services, we also rely upon our legitimate interests as a legal basis for undertaking that processing, being our commercial interests in providing an enhanced experience in our Online Services (though, depending on the nature of our particular Online Service, the Leaderboard or User Content may be a part of the core functionality of the Online Service).

We do not actively collect special category data, such as health data, about you and we do not create information about your presumed health status.

To enable purchases

If you make purchases through the Online Services (where we may make that functionality available), your order and certain Online Services Information (such as, without limitation, your Contact Information if you contacted us, and certain Analytics information) may be processed so that you can access these features within the Online Service.

For the above purposes, we rely upon the legal basis of performance of a contract (being performance of the terms of use agreed between us).

To respond to your enquiries and requests for support

We may process certain of your Online Services Information (including your Contact Information and certain other Online Services Information) so that we are able to properly respond to your enquiries and support requests, in accordance with the terms of use agreed between us.

For the above purposes, we rely upon the legal basis of performance of a contract (being our terms of use with you for the relevant Online Service) and our legitimate interests, being our commercial interests to respond to your queries and requests for support.

To better engage current users

We may process certain information (including Submitted Information and certain Analytics) to encourage engagement from our Game users and to notify them of new recommendations, services, virtual items or other promotions on offer (where we may make these available). We process this information on the basis of our legitimate interests, being our commercial interests in improving the success of our Games and user engagement with our Games

To prevent fraudulent or illegal activity

We may process your Online Services Information for our legitimate interests of ensuring that your use of our Online Services is lawful and in compliance with our agreement (being the terms of use agreed between us), to prevent disruption to our Online Service, to enforce our rights, to protect any individual or otherwise to ensure our compliance with our legal obligations.

To help us to improve the Online Services and help us fix any problems

We may process information about you (being certain of the Submitted Information and Analytics) so that we can analyse and improve our Online Services and also for us to develop new Online Services or new parts thereof.

This processing is necessary for us to pursue our legitimate interests, being our commercial interests of: (i) ensuring that our Online Services function properly so that you and other users have the best experience when, for example, playing the Games and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Online Services.

To help us to understand your usage of the Online Services

We may process information (being the Online Services Information or any part thereof) to understand how users use our Online Services, and to compile statistical reports regarding that activity, as well as understanding how users progress within a particular Online Service such as an Game. This processing is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Online Services, understanding and fixing problems and to improve our future products and services.

To keep you up to date

Where you have consented, or where it is otherwise lawful for us to do so, we may use your Online Services Information to send you emails in order to keep you informed about our news and products. You can withdraw your consent at any time by letting us know by email to: privacy@fitxr.com.

 

4.  DATA SHARING

We will share your information with third parties only in the ways that are described in this Privacy Policy

Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.

Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

Enforcement: We may also disclose your personal data to third parties (e.g. gaming platform operators, game console manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of FitXR, our customers or others.

Digital Content Stores:  Where our Game is downloaded through a third party store service such as (without limitation) Steam or Oculus, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-Game payments made through these platforms.

 

5.  AUTOMATED DECISION MAKING

We may use automated decision-making methods which do not involve human involvement to process your information, and shall do so only in the ways that are described in this Privacy Policy.

6.  CONSUMER CONTROL AND OPT-OUT OPTIONS

We will obtain your consent to collect your information to be used for marketing purposes that require consent. If you prefer that we do not use your data in this way, let us know by writing to privacy@fitxr.com or on the relevant forms or check-boxes that we may use to collect your data.

7.  YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply with requests without undue delay and within one month at the latest.

Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure

You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected.

You can download a copy of your Game account information by following the instructions in your account settings (where this functionality is made available). Where this functionality is not available you can request a copy by emailing privacy@fitxr.com.

We will use reasonable efforts, to the extent required by law, to comply with requests to supply, correct or delete personal data held about you on our files (and request that any third parties to whom it has been disclosed to do the same).

Object to us processing personal data about you

You can ask us to restrict, stop processing or delete your personal data if:

  • you consented to our processing the personal data and have withdrawn that consent;

  • we no longer need to process that personal data for the reason it was collected;

  • we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of FitXR or a third party, you don’t agree with that processing and there is no overriding legitimate interest for us to continue processing it;

  • the personal data was unlawfully processed;

  • you need the personal data to be deleted in order to comply with legal obligations; and/or

  • the personal data is processed in relation to the offer of a service to a child.

You may be able to delete your accounts by following the instructions in your account settings, where applicable depending on the relevant Online Service. You can also request account deletion by sending an email to privacy@fitxr.com.

Obtain a machine-readable copy of your personal data, which you can use with another service provider

  • If (i) we are processing data in order to perform our obligations to you or because you consented and (ii) that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.

  • If you request, we will supply you with the relevant personal data in CSV format.  Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.

Make a complaint to a Supervisory Authority

  • If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services.

  • If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority. Contact information for the Information Commissioner’s Office, the UK’s independent authority setup to uphold information rights, is available here: https://ico.org.uk/.

 

8.  DATA RETENTION

In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary.

9.  CHILDREN

We do not use our Online Services to knowingly solicit information from, or market to, children under the age of 16. In the event that we learn that we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16 years of age, please contact us at privacy@fitxr.com.  

10.  SECURITY

We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Online Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms.

In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored or otherwise processed by us.

Please be aware that, while we make the security of our Online Services and your personal information a high priority, no security system can prevent all security breaches.

Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Online Services; the sharing of your personal information with us and any transmission is at your own risk.

11.  INTERNATIONAL DATA TRANSFERS

The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff that operate outside the EEA and work for us or our suppliers. These staff may be engaged in the fulfilment of your orders, the processing of your payment details, the maintenance of the Online Service, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where your personal data is transferred outside of the EEA to a territory not subject to an adequacy decision by the European Commission, we have agreements in place with the relevant parties which include either (i) standard data protection clauses adopted by the relevant data protection regulator and approved by the European Commission or (ii) standard data protection clauses adopted by the European Commission, to ensure that appropriate safeguards are used to protect your personal data. Alternatively, we may put in place other appropriate safeguards. If you require more information about these safeguards, you can contact us at privacy@fitxr.com.

12.  CONTACT INFORMATION

All questions, comments or enquiries should be directed to FitXR at privacy@fitxr.com.  We will endeavor to respond to any query or questions within a reasonable amount of time.

 

© 2019 FITAR LIMITED. All Rights Reserved.