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FITTAR PRIVACY POLICY

FITTAR B.V. and its subsidiaries (hereinafter referred to as “FITTAR” or “we” or “us”) have adopted this Privacy Policy (the “Policy“) to inform you about how we collect and process information about you, the identity of third parties to whom such information is disclosed and the choices you have regarding such uses and disclosures. It also sets forth FITTAR’s commitments to protect the Personal Data of users of the FITTAR Interactive Mirror.

FITTAR attaches great importance to the protection of the Personal Data of its customers, users of its websites and applications via the FITTAR Interactive Mirror, its partners and its employees.

FITTAR complies with the General Regulations on Data Protection, no. 2016/679 of 27 April 2016, the “Informatique & Libertés” law no. 78-17 of 6 January 1978 as amended, as well as the law “pour la confiance dans l’économie numérique” no. 2004-575 of 21 June 2004 (article L. 34-5 of the French Postal and Electronic Communications Code).

The data controller is FITTAR B.V., a company incorporated under Dutch law, registered in the Register of Companies of the Netherlands, under the number 74409603, with its registered office at Groningen.

FITTAR has appointed a Data Protection Officer in charge in particular of the right to information, the right of access, rectification, opposition, deletion, limitation and portability which you have in accordance with the said law (email: alje@fittar.eu). 

By using the FITTAR Interactive Mirror (the “FITTAR Interactive Mirror“), including browsing a website accessible from the FITTAR Interactive Mirror, you consent to the collection, transfer, storage, disclosure and other uses of your information as described in this Policy.

This Policy does not apply to the practices of third parties that are not subsidiaries or controlled companies of FITTAR.

Excluded from the scope of this Policy are third party websites, services and applications that you choose to access through your use of the FITTAR Interactive Mirror, as well as persons that we do not manage or employ. 

While we strive to provide access only to those third party services that are as respectful of your privacy as we are, we cannot assume any responsibility for the content or privacy practices of third parties. We therefore encourage you to carefully review the privacy policies of the third party services you access.

If you have any questions about our privacy practices, please refer to the bottom of this Privacy Policy, where you will find our contact information.

  1. THE INFORMATION COLLECTED ABOUT YOU

We collect from you both information that can be used to identify individuals (“Personal Data“) and information that cannot be used to identify individuals (“Non-Personal Data“), as described in more detail below.

Uses. If you choose to use FITTAR’s products or services, including fitness equipment and accessories or the services offered by the FITTAR Interactive Mirror, we may collect some or all of the following information from you:

  • First and last name;
  • E-mail address;
  • Postal address;
  • Telephone number
  •  IP address. 

In addition, you will be able to create an account with a username and password.

Your password is confidential and you must not divulge it to a third party under any circumstances.

Public profiles. You have the option of creating a public user profile on the FITTAR application, which may include the following information:

  • Username ;
  • Address;
  • Age;
  • Photograph;
  • Completed training program;
  • Heart rate data;
  • Fitness performance history;
  • Subscribers;
  • Training evaluations;
  • FITTAR Achievements; and
  • Where appropriate, further information.

You acknowledge that this information is personal to you and by creating an account, providing this information or linking this information to your personal accounts on social networks, you allow third parties, including FITTAR, to identify you, which means that you cannot remain anonymous. FITTAR’s user profiles can be viewed by both FITTAR and its users; and other users can contact or follow you through the FITTAR Service. Content that you post on, through, or in connection with the FITTAR Service, including third party services, such as your accounts on social networks, may also be public.

Other user content. In addition to the above information, we also collect the following Data:

  • Size;
  • Weight;
  • Injuries and/or physical restrictions;
  • Activity preferences;
  • Training evaluation;
  • Fitness information, including heart rate information collected by a heart rate monitor, and other information about your fitness that you choose to provide or share with us through the FITTAR application;
  • Frequency of gym workouts;
  • Duration of gym workouts;
  • Location of workouts; and

We may combine this information with other Personal Information you have provided in order to provide and enhance the use of the FITTAR Interactive Mirror, as well as for all other purposes described in this Policy.

All FITTAR Interactive Mirrors are equipped with a camera programmed so that FITTAR sessions are not recorded or stored by FITTAR unless the user specifically authorizes FITTAR to do so.

  1. WHAT PERSONAL DATA IS COLLECTED BY FITTAR’S TECHNOLOGY?

IP addresses and identifiers for the FITTAR interactive mirror. The FITTAR Interactive Mirror automatically collects usage information, such as the number and frequency of visitors to the FITTAR website and users of the FITTAR Interactive Mirror. We also collect information about the FITTAR Interactive Mirror if you access it through the FITTAR application. FITTAR Interactive Mirror information includes the FITTAR Interactive Mirror’s unique identifier, media access control address, network information and hardware model, Non-Personal Usage and Traffic Data and information about how the FITTAR Interactive Mirror interacts with the FITTAR service. This type of Data allows us and third parties with our permission to determine the frequency of use of certain features of the FITTAR Interactive Mirror and to learn more about the demographics and behaviors of our users so that we can analyze, operate and improve the services offered.

Cookies and web beacons. When you visit a website and/or application through the FITTAR Interactive Mirror or use the FITTAR Interactive Mirror, we may automatically collect information about your web browser, including your IP address, and may assign one or more cookies to your computer to facilitate access to the FITTAR website and to analyze and personalize your online experience. Cookies may automatically collect information about your online activities on the FITTAR site, such as the websites you visit, the links you click and the searches you perform on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to register or use some of the interactive features we offer.

We also use other standard Internet technologies, such as web beacons, to track your use of a FITTAR site. Web beacons may be placed on sites and/or applications you visit via the FITTAR Interactive Mirror by third parties, such as an Information Security Management System (SMS) or analytics provider, to support the functionality described in the Agreement or this Policy. 

We use web beacons to enable advertising networks to provide anonymous, aggregated verification, research and reporting to advertisers and to us. This Policy covers only our use of cookies and similar technologies and does not cover our use of third parties.

Social networks. You can interact with your accounts on other social networks, such as Facebook (these services are “SMS”), using the FITTAR Interactive Mirror. For example, you can access display and sharing tools on the FITTAR Interactive Mirror that allow you to post information to an SMS. By using these tools, you consent to the transmission of certain account information to us from the SMS account in question. Our processing of this information is covered by this Policy. In addition, when you use one of these tools, SMS may collect information about your online activity through its own tracking technologies, in accordance with its own Privacy Policy. We encourage you to review this Privacy Policy and other rules that apply to any SMS that you use in connection with the FITTAR Interactive Mirror.

LSO Flash. When we post videos, third parties may use local shared objects, called flash cookies, to store your volume control preferences or to customize certain features of the video. Flash cookies are different from browser cookies because of the amount and type of Data and how it is stored. The cookie management tools provided by your browser do not delete flash cookies. To learn how to manage privacy and storage settings for flash cookies, click here :

  1. FOR WHAT PURPOSES DO WE USE THE INFORMATION COLLECTED? 

We use the Personal Information we collect about you to :

  • offer you the service of using the FITTAR Interactive Mirror and customize its use (i.e. to provide you with feedback on your workouts) ;
  • be able to provide you with any goods and services you may wish to purchase from us;
  • to improve or supplement our FITTAR offering;
  • to be able to communicate with you about the status of any order and to respond to your requests, including customer support;
  • to conduct research and analysis on your use of, or interest, in the FITTAR Interactive Mirror;
  • send you marketing communications about our products and services; and
  • perform the other functions described in this Charter or specified at the time of collection of the Personal Data.
  1. WITH WHOM WE MAY SHARE YOUR PERSONAL DATA?

We do not share your Personal Data with third parties without your consent, except with entities with whom we have contracted to perform functions integral to our operations and use of the FITTAR Interactive Mirror, such as processing payments, performing analyses, processing e-mails, etc.; and only to the extent necessary for that entity to provide those services. Under no circumstances will we sell your Personal Data to a third party for marketing, advertising or other purposes.

Public Information. Any content that you post on your public user profile, as well as any Personal Data or content that you voluntarily disclose so that other users may view it, may be collected and used by any FITTAR user. In addition, your user name will be displayed to other users through the FITTAR Interactive Mirror, through which other users can contact you.

Content that you publicly post on, through or in connection with the FITTAR Interactive Mirror, including on third party services such as SMS, may also be public.

Agents. We employ other companies and people to perform tasks on our behalf and must share your information with them in order to be able to provide you with our products or services. Unless we give you express prior notice, including as set out in this Policy, our Agents are not permitted to use the Personal Information we share with them or any purpose other than those described in this Policy.

Marketing partners. Provided users have specifically and actively opted for such uses, we may share information collected from them with carefully selected third party vendors who assist us in marketing products and services. These vendors may assist us and other parties in conducting customer research, managing customer and prospect databases, sending promotional emails or other targeted promotions. The information shared may include your name and contact information. You may withdraw your consent to such uses at any time by visiting the “Account” page of the FITTAR Interactive Mirror or by contacting us using the methods described below.

Non-Personal Information. We may anonymize your Personal Data so that you cannot be identified and provide such Non-Personal Data to our partners. We may also provide aggregate usage information to our partners or allow them to collect such information from you. Our partners may use this information in order to understand how and how often the FITTAR Interactive Mirror is used, as well as for other lawful purposes.

Advertising and analytical services provided by third parties. We may use the services of third parties to study how you interact with and use the FITTAR Interactive Mirror so that we can draw conclusions and make improvements to provide you with a better experience. We also allow third parties to serve advertisements on our behalf over the Internet. These entities may use cookies, web beacons and other technologies to collect information about you. We and third parties may use this information to, among other things, analyze and track Data, determine the popularity or effectiveness of certain content, deliver advertisements and content targeted to your interests, and better understand your online activity.

User Testimonials and Feedback. FITTAR Interactive Mirror users can write testimonials and comments through the website accessible from the FITTAR Interactive Mirror. This content is available to the public, but we reserve the right not to publish the submitted content. When we publish this content, we may identify our users by their first name, the first letter of their last name, and their place of residence. You should be aware that the Personal Data you submit may be read, collected or used by other users and could be used to send you unsolicited messages. We are not responsible for the Personal Data that you choose to disclose in notices.

Other situations. We may also disclose your information:

  • In response to a request made in the context of an investigation, following a judicial decision or a request for cooperation from the competent French authorities or other public bodies, to establish or exercise our rights in accordance with the law, to defend ourselves in legal proceedings, or when required by law. In such cases, we reserve the right to raise or waive any means or rights available to us.
  • As part of a business transaction, such as the sale of our business or offering of securities, a divestiture, merger, consolidation or sale of assets, or in the unlikely event of a bankruptcy, user information, including Personal Information, may be one of the assets transferred to, acquired by, or accessed by a third party. 
  •  We reserve the right to access, review, preserve and disclose any information that we reasonably believe is necessary to comply with any law or regulation, as set forth above, to enforce or apply the Agreement, or to protect the rights, property or safety of FITTAR, our employees, users or others.
  1. PERIOD OF RETENTION OF PERSONAL DATA

Depending on the purposes of the processing, the length of time Personal Data is kept may vary. Unless required by law, FITTAR will retain Personal Data for the period of time necessary to fulfill the purposes for which it was collected. Personal Data will be retained for the period of time you use the FITTAR Interactive Mirror, and deleted no later than three years from the last contact, unless it is made anonymous or is required by law to retain certain Data for a longer period of time. 

Some Personal Data may be subject to specific retention policies, which will be communicated to you as appropriate. 

The FITTAR Interactive Mirror connection Data (websites and/or applications) will only be kept for a period of thirteen months.

  1. YOUR DIFFERENT OPTIONS REGARDING THE MANAGEMENT OF YOUR INFORMATION 

You may choose not to provide us with certain information at any time, although it may be necessary to do so in order to take advantage of some of the features of the FITTAR service.

Opt-Out Options:

Email. If you have provided us with your email address and would like to stop receiving marketing emails from us about FITTAR, click on the unsubscribe link at the bottom of our emails. It may take up to 72 hours to process your unsubscribe request. 

Please note that even if you choose to stop receiving marketing communications from us, we may contact you for other purposes related to the use of the FITTAR Interactive Mirror or your subscription, such as to retrieve your password or for support services you have requested.

Accounts. If you have created a FITTAR account, you can access it at any time by logging in, allowing you to change and update your FITTAR account settings. When you update information, we may retain a copy of the unrevised information in our archives. You may also delete your account by sending us an email at info@fittar.eu. Please note that we will need to verify that you have permission to delete the account, and that activities generated prior to deletion will be recorded by us. In addition, certain information may remain in our records after you delete that information from your account, and public activity on your account prior to deletion may remain publicly available.

Non-follow-up charter. Through the cookies we place on your browser or on the FITTAR application, we may collect information about your online activity even when you are not using the FITTAR Interactive Mirror. Like any other usage information we collect, this information allows us to improve the services offered to you, to personalize your experience and to be able to perform the other activities described in this Policy. Your browser may offer a “Do Not Track” option, which allows you to tell operators of websites, applications and services (including advertising services) that you do not want them to track some of your online activities on an ongoing basis and on different websites. FITTAR does not support “Do Not Track” requests at this time, which means that we collect information about your online activity both while you are using the FITTAR Interactive Mirror and when you are not using it. 

As this is simply a “Do Not Track” policy, we cannot and do not wish to make any commitment whatsoever regarding the practice of third parties with respect to activating this signal on your browser.

  1. HOW DO WE PROTECT YOUR PERSONAL DATA?

We take all legally required and commercially reasonable security measures (i.e. physical, computer and procedural measures) to help protect Personal Data from unauthorised access and disclosure. 

For example, only authorized employees are permitted to access Personal Data, and they may only do so for authorized business functions. In addition, we use encryption in the transmission of Personal Data between your system and ours and firewalls to prevent unauthorized persons from gaining access to Personal Information. 

Your account is also password-protected to ensure your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, restricting access to the FITTAR Interactive Mirror to only those persons authorized to do so (i.e., members of your household), and logging out once you have finished accessing your account. 

Please be aware, however, that no method of storing or transmitting Data over the Internet is completely secure, so your use of the FITTAR Interactive Mirror and the provision of information by you is at your own risk.

  1. CONFIDENTIALITY OF INFORMATION RELATING TO MINORS UNDER THE AGE OF 13 YEARS 

The FITTAR Service is intended for use by the public and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not attempt to register or use the FITTAR Interactive Mirror and to send us Personal Information about yourself. If we learn that we have collected Personal Information from a child under the age of 13, we will delete that information as soon as possible. If you believe that a child under the age of 13 may have provided us with Personal Information, please contact us at the address set forth at the end of this Policy.

  1. AMENDMENTS TO THIS CHARTER

We may update this Charter to reflect changes in our practices and services. When we make changes to this Policy, we will, at a minimum, change the “last updated” date at the beginning of the document to coincide with the date of publication of the new Policy. 

By using the FITTAR Service after any changes to the Policy are posted, you agree to accept all such changes.

You are advised to refer to the latest version of the Policy communicated to you prior to any navigation.

  1. WHAT ARE YOUR RIGHTS AND HOW DO YOU EXERCISE THEM?

You have, subject to the limits provided for by the regulations in force, several rights with regard to the processing of your Personal Data:

  • the right to be informed about the use of your Personal Data,
  • the right to access the personal information we hold about you,
  •  the right to request the correction of inaccurate, incomplete, equivocal or outdated Personal Data (which you can also do directly in the “my account” section when you have created one),
  • the right to request that FITTAR delete your Personal Data or stop processing it under certain circumstances,
  • the right to withdraw your consent to receive information from us and to oppose the processing of your Data (in particular with a view to sending you commercial prospecting messages),
  • the right to request that we hand over your Data to you or transfer it to another service provider (right of portability),
  •  the right to set guidelines regarding the fate of your Personal Data after your death,
  • the right to complain to the national authority in charge of the protection of Personal Data (in France, this is the Commission Nationale de l’Informatique et des Libertés, the CNIL, whose contact details can be found at: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil). 

To stop receiving messages from FITTAR, you can also click on the unsubscribe link in each of our messages.

How can you contact us?

If you have any questions about this Policy or our information handling practices, please contact us by email or by mail at the addresses below:

FITTAR B. V.

Laan van Westenenk 4, 7336 AZ

Apeldoorn, The Netherlands

Attn: Data Protection Officer – Legal Department