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.
We do not use our Online Services to knowingly solicit information from, or market to, those under the age of 16.
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.
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.
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
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
Your name; and
Your email address.
Information about your activities
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;
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
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
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)
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
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.
To respond to your enquiries 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
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: firstname.lastname@example.org.
4. DATA SHARING
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
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 email@example.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 firstname.lastname@example.org.
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 email@example.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.
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 firstname.lastname@example.org.
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
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 email@example.com.
12. CONTACT INFORMATION
All questions, comments or enquiries should be directed to FitXR at firstname.lastname@example.org. We will endeavor to respond to any query or questions within a reasonable amount of time.
© 2019 FITAR LIMITED. All Rights Reserved.