The purpose of this Privacy Policy is to set out the terms and conditions regarding the usage of the information and data shared by natural and/or legal person (“User” or “you”) visiting www.acf.fit (the “Website”) or downloading Acf.fit application (“Application” or “App”) to ACF Biomechanical Research B.V. (the “Company” or or “we” or “us”) registered at the Overtoom 241, 1054 HV Amsterdam Netherlands. This Privacy Policy is an annex and an inseparable part of the User Contract executed with the User, and it applies when you visit or use the Website, download or use the Application, or related services (the “Services”).
We, as a legal entity incorporated under the laws of Netherlands and with the following contact information, process your personal information: ACF Biomechanical Research B.V. Overtoom 241, 1054 HV Amsterdam Netherlands +90 545 661 36 18 Email: info@acf.fit
According to the European Commission, Personal Data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.
We collect, use, disclose and process Personal Data in line with this Privacy Policy,
for the purposes of provision of Services, which includes but is not limited to
development and improvement of the Services and also our business; of advertising
and marketing; to provide you with innovational additional services, and for other
purposes described further below.
We may exclude certain data components, such as your name and email address
that makes the data personally identifiable to you, from your Personal Data and
create an unidentifiable or anonymous data; the usage of which would not be
subject to this Privacy Policy.
We collect certain information directly from you, which includes but is not limited to the information you provide as a response to the questions we ask. We also collect your personal data from third parties, such as the information in your profile in the social media platforms you connect with the Website and/or the Application. There is also certain data we collect automatically, like information about your device and what sections of our Services you interact with or spend time using.
We may collect personal information from you, such as your name, email address,
password, and date of birth (“Profile Data”), when you are setting up your profile.
We may also provide you with the option of putting in additional personal
information, such as a photograph and the information you may put into the Profile
and Sign Up section of the Application.
We use a third-party payment processor to process payments made to us. In
connection with the processing of such payments, we do not retain any financial
information such as credit card numbers. Rather, all such information is provided
directly to our third-party processor. In such circumstances, the third-party service
provider stores your payment information on our behalf.
You may be invited to complete a form or a survey, share your testimony, or
participate in a promotion (like a contest or challenge) or a user generated content
(like podcasts), either through the Services or a third-party platform. If you
participate, we will collect and store the data you provide as part of participating,
such as your name, email address, date of birth and/or phone number.
The mentioned data is and will be subject to the rules of this Privacy Policy, unless the
rules of a campaign or another and more specific privacy policy, which will also be
submitted to your attention, contains a contrary or different rule.
Provided that you
have given your explicit consent, we may collect, store and publish your
photograph, for the purpose of sharing your testimony with others through the
Application, the Website or email bulletin. Where we use a third-party platform to
administer a survey or promotion, the third party’s privacy policy will apply.
If you contact us for support or to report a problem or concern (regardless of
whether you have created a profile), we collect and store your data such as your
contact information, messages, and other data, including but not limited to your
name, email address, language, location, operating system, IP address, and any
other data you provide or that we collect automatically. We use this data to respond
to you and research your question or concern, in line with the rules of this Privacy
Policy.
We may obtain certain information through your social media profiles or other online accounts you have permitted to be connected to the Application. If you login to the Application via Facebook or another third-party platform or service, we ask for your permission to access certain information which is already given under that account, such as your name, profile picture, account ID number, email address, location, physical location of your access devices, and birthday. Those platforms and services make information available to us through their APIs, and therefore, the information given to us is limited with the scope of your privacy settings in the platform or service.
If you access or use our Services through a third-party platform or service, the collection, usage, and sharing of your data will also be subject to the privacy policies and other agreements of that third party. We may also obtain information through Third Parties, which we have a business or legal relationship with, such as business partners, technical, payment and delivery service subcontractors, advertising networks, analytics providers or search information providers.
When you access the Services, we collect certain data by automated means, including but not limited to technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”); usage statistics about your interactions with the Services, including programs accessed, time spent on the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”); an approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.
We also collect certain information through Apple Health and/or Google Fit, provided that you have given your explicit consent. Apple HealthKit. We use Apple’s HealthKit framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with your explicit consent – lets apps communicate with the HealthKit store to access and share this data. If you download and use Apple Watch version of the Application, we may collect and process your heart rate data, obtained through the HealthKit framework and the Apple CoreMotion processor, with your explicit consent. New data attributes may be added to the HealthKit framework, which will be portrayed in the Application and which you have to consent to.
Company’s analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. We do not use information gained through the HealthKit framework for advertising or similar services. You can always stop us from accessing your data by changing the settings of your mobile device. If you grant the Application access to HealthKit, it can add information to certain sections of HealthKit.
Google Fit. We use Google’s Fit SDK which is an open platform that lets users
control their fitness data. We do not collect or process any data from Google Fit.
However, we may add information to certain sections of Google Fit. New data
attributes may be added to the Google Fit framework, which will be portrayed in the
Application and which you have to consent to.
We do not use information gained through the HealthKit framework or GoogleFit
SDK for marketing, advertising or use-based data mining and we do not transfer
that information to third parties for those purposes. Information gained through the
HealthKit framework or GoogleFit SDK may only be used to provide the Services and
may only be transferred to third-parties for that purpose and with your explicit
consent.
We also use cookies to access information when you sign in, store your preferences, to keep you logged in, and to store a limited amount of behavioral data. For more information about cookies, please review our Cookie Policy.
Your personal data collected hereunder may be processed
to develop, improve, personalize, provide, and administer the Services, including to
display customized content.
To process your requests and orders for products, specific services, information, or
features;
To communicate with you about the Services by:
responding to your questions, requests and concerns;
sending you administrative messages and information, including messages from our
team, notifications about changes to our Service, and updates to our agreements;
sending you information and e-mail about your progress, rewards programs, new
services, new features, promotions, advertising, newsletters, and other available
products and services which you can opt out of at any time;
sending push notifications to your wireless device to provide updates, daily quotes,
and other relevant messages.
offering you the possibility of taking part in user generated contents.
to manage your profile preferences;
to maintain and develop the technical functioning of the Services, including
troubleshooting and resolving issues, securing the Services, and preventing fraud
and abuse;
to solicit feedback from users;
to market and administer surveys and promotions administered or sponsored by us;
to learn more about you by linking your data with additional data through third-
party data providers or analyzing the data with the help of analytics service
providers;
to identify unique users across devices;
to tailor advertisements across devices;
to improve our Services and develop new products, services, and features;
to analyze trends and traffic, track purchases, and track usage data;
to advertise the Services on third-party websites and applications;
as required or permitted by law; or
as we, in our sole discretion, otherwise determine to be necessary to ensure the
safety or integrity of our users, employees, third parties, the public, or our Services.
Profile Data, System Data and Usage Data, will be stored in our secured database
for a period of 1 (one) year following the User's termination of membership to
expedite the process and for user satisfaction if the User who was a member of the
Application subsequently wishes to re-join.
In order to provide you with our Services and for other purposes set forth in this
Privacy Policy, we may need to share your Personal Data with third parties as
described below.
We take every precaution to ensure such third parties provide all appropriate
technical and administrative measures, identical to or equal to those required from
us, before transferring your information.
We may transfer your information to the servers outside the country of your
domicile, when needed, provided that all measures are taken.
Where possible, we anonymize or pseudonymize your information, before sharing,
and in that case, we can disclose or use your aggregated or de-identified data for
any purpose. De-identified Data means data where we have removed information
like your name and email address and replaced it with a token ID. This allows the
third parties to provide their services without being able to match such data with
you. We do this to ensure your personal data is protected.
We also would like you to know that, with your consent, we may share data to third
parties outside the scope of this Privacy Policy.
With Service Providers, Contractors, and Agents: We need to share your data with
third parties who perform services on our behalf, like payment processing, data
analysis, marketing, and advertising services (including retargeted advertising),
email and hosting services, customer services and support. These service providers
may access your personal data and are required to use it solely as we direct, to
provide our requested service.
With Analytics and Data Enrichment Services: As part of our use of third-party
analytics tools, like Amplitude, and data enrichment services, we may share certain
information, such as Profile Data, System Data and Usage Data, or de-identified
data as needed, with analytics and data enrichment services.
To Power Social Media Features: The social media features in the Services (like the
Facebook Like button) may allow the third-party social media provider to collect
things like your IP address and which page of the Services you’re visiting, and to set
a cookie to enable the feature. Your interactions with these features are governed
by the third-party company’s privacy policy.
To Administer Promotions and Surveys: We may share your data as necessary to
administer, market, or sponsor promotions and surveys you choose to participate in,
in accordance with this Privacy Policy, or the rules of the promotion or survey.
For Advertising: We may use and share certain System Data and Usage Data with
third-party advertisers and networks to show general demographic and preference
information among our users. We may also allow advertisers to collect System Data
through automated data collection tools like cookies, tags, scripts, customized links,
device or browser fingerprints (together, “Data Collection Tools”), and to use this
data to offer you targeted ad delivery to personalize your user experience (through
behavioral advertising) and undertake web analytics. Advertisers may also share
with us the data they collect about you. We would like to remind you that we do not
share any of your personal data related to your health, motion and fitness; any
information gained through the HealthKit framework or Google Fit SDK with third
parties for marketing and advertising purposes.
For Security and Legal Compliance: We may disclose your data to third parties if we
(in our sole discretion) have a good faith belief that the disclosure is:
Permitted or required by law;
Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
Reasonably necessary as part of a valid subpoena, warrant, or other legally valid
request;
Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal
agreements;
Required to detect, prevent, or address fraud, abuse, misuse, potential violations of
law (or rule or regulation), or security or technical issues; or
Reasonably necessary in our discretion to protect against imminent harm to the
rights, property, or safety of Company, our users, employees, members of the
public, or our Services.
We may also disclose data about you to our auditors and legal advisors in order to
assess our disclosure obligations and rights under this Privacy Policy.
During a Change in Control: If Company undergoes a business transaction like a
merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a
sale of all or some of its assets, we may share, disclose, or transfer all of your data
to the successor organization during such transition or in contemplation of a
transition (including during due diligence).
After Aggregation/De-identification: we can disclose or use aggregated or de-
identified data for any purpose.
With Your Permission: with your consent, we may share data to third parties outside
the scope of this Privacy Policy.
We are actively seeking and taking the most effective, appropriate, and
commercially reasonable security measures in order to maintain the safety of your
personal data. These measures are designed not only to prevent unauthorized
access to your personal data, but also to prevent its accidental loss, alteration, and
disclosure.
We prefer our employees and service providers all around the globe to be under
strict non-disclosure and confidentiality obligations. If we need to share any of your
personal data with them, for the purposes set out in this Privacy Policy, we consider
data minimization principles at all times.
Also, our service providers are under the obligation to comply with the provisions of
the data processing agreements, which they are subject to, when applicable.
We Might Be Required to Retain Some of Your Information
We do not keep your information we collect and process for the purposes identified
in this Privacy Policy for longer than is necessary for the specific purpose specified
in this Privacy Policy, unless we are required to retain those information for a longer
period of time to comply with our legal obligations, enforce our legal agreements
and policies, and resolve disputes.
Subject to limitations in applicable law, you are entitled to object to or request the
restriction of processing of your personal data, and to request access to,
rectification, erasure, and portability of your personal data. This means that you
also have the right to withdraw your prior consents.
To make a request concerning your rights, please send an email to info@acf.fit. We
respond to all requests we receive from individuals wishing to exercise their data
protection rights in accordance with applicable data protection laws.
Last But Not Least,
We may decide to update this Privacy Policy by posting the changes on the Website
and/or the App at any time. In case we decide to materially change the way we
collect or process your personal data, we will inform you with a prior notice, or
where legally required, we will request your consent prior to implementing such
changes.
Please send your questions, opinions, and recommendations regarding privacy and
any other issue to info@acf.fit.