PERSONAL DATA POLICY

VirtuGO ApS

 

 

Date: 25 May 2018

 

 

1 Acceptance
1.1 By creating a user profile or using the website www.VirtuGO.com (“Website”), the client downloaded software (“VBU”), the application VirtuGO for Iphone and Android (“App”) and services associated therewith (the “Services”) (Website, VBU, App and Services all referred to as “VirtuGO” in the following) you agree to this policy for the processing of your Personal Data on VirtuGO (“Privacy Pol-icy”).

 

1.2 The Service organised by Service Provider through its Website, VBU and App includes: (a) archiving, organising and processing of data, including, by way of example, data such as photos, names and surnames, dates of birth, e-mail ad-dresses, weight and height and other health related personal data in a database accessible remotely through the Website, VBU or via an App (the “Database”); (b) the organisation of personalised training sessions or sports competitions and the use of multimedia content.

 

1.3 If you do not accept the content of this Privacy Policy, you should immediately leave VirtuGO and stop using VirtuGO.

 

2 Service Provider
2.1 Service provider is:

 

VirtuGO ApS
VAT No. 37625728
c/o Soho, Room 223
Flæsketorvet 68.
DK-1711 Copenhagen V
Denmark

(hereinafter referred to as ”Service Provider“ or “us”)

 

3 Collected Personal data
3.1 Service Provider collects Personal Data from you when you activate VirtuGO, and when you use VirtuGO.

 

3.2 Service Provider collects Personal Data, including name and email address, from you when you register for VirtuGO.

 

3.3 To participate in certain activities and to obtain certain services or documents offered on VirtuGO, you may be asked to provide additional Personal Data such as phone number, credit card information and health-related information.

 

3.4 Service Provider endeavours to limit our requests for Personal Data to infor-mation Service Provider believes is reasonably necessary to achieve our purposes as described in the “Purpose” section below.

 

3.5 The provision of the Service requires the acquisition and processing of Personal Data, including sensitive data (for example weight, height, etc.). This infor-mation may:
• be entered by you into the Database or communicated to us verbally, in writing or in any other form;
• be acquired through a mobile connection from smartphones, tablets or simi-lar electronic devices connected to the Internet via a mobile connection through special applications;
• be collected, including sensitive data, if you decide to connect your Service Provider account to one of your accounts at third-party services (for exam-ple Strava/Garmin/TrainingPeaks, Apple etc.); indeed, if you wish to import data collected from these devices into your account, this data shall be communicated by these data controllers to us, at your request, when you click on the “Connect” button corresponding to the account/device you wish to connect by independently managing these choices under your Ac-count Settings in the “Linked accounts” or through an automated transfer of Personal Data requested by you from such third party service provider to us.

 

3.6 During their ordinary course of operation, the IT systems and software proce-dures required to run VirtuGO shall acquire certain Personal Data, the transmis-sion of which is implicit in the use of Internet communication protocols. This in-formation is not collected to be associated with identified data subjects. Howev-er, by its very nature, it might allow identification of users through the pro-cessing and matching of data held by third parties. This category of Personal Da-ta includes the computer IP addresses and domain names of the computers used by users who connect to the site, as well as the URI addresses (Uniform Re-source Identifier) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file received in reply, the numerical code indicating the status of the reply from the server (successful, er-ror, etc.) and other parameters relating to the user’s operating system and IT sys-tem.

 

3.7 Any Personal Data VirtuGO collects from you is collected, used, processed and stored only in accordance with the applicable EU requirements and regulations on Personal Data.

 

4 Purpose
4.1 VirtuGO uses Personal Data for several general purposes:
• to provide the Services to you
• to provide you with VirtuGO service information, and news,
• to support VirtuGO and services offered on or through VirtuGO,
• to contact you for feedback about our services,
• to conduct research about VirtuGO’s customer base or services,
• to fulfil your reservation and purchase requests,
• to process your payments including credit checks and collection,
• to notify you of technical updates or changes in policy, or
• to contact you for our own marketing and promotional purposes, or
• to process contests, sweepstakes, or other promotions and fulfil any related awards or discounts,
• to create general training programs for all users in an anonymized form.
• to create specific training programs for you at your request.

 

4.2 Service Provider may use anonymized information such as demographic data to analyse and develop our marketing strategy and further improve VirtuGO and our services.

 

5 Marketing Purposes
5.1 Personal data is collected and processed for marketing purposes, including tar-geting our communication with you based on your interest and focus area, providing you relevant marketing materials and managing this relationship.

 

5.2 We collect Personal Data in this regards from the following sources: Directly from you, Personal Data collected through your use of VirtuGO and from public-ly available online sources, such as third-party websites and social networks and from public available registries. VirtuGO uses cookies to collect some of this in-formation from you.

 

5.3 We process personal data, as described for marketing purposes, based on the following legal basis:

 

5.3.1 Legitimate interest. Service Provider has a business interest in processing certain business-related personal data in order to strengthen and research its market posi-tion, market its products and services and make informed decisions on target groups of its marketing efforts. You may refuse this processing for marketing purposes by sending an email hereon to the following email address: priva-cy@VirtuGO.com

 

5.3.2 Consent. In order to provide you with direct marketing through electronic means and collection of data from cookies. A consent is voluntary. You can withdraw your consent at any time (by sending an e-mail to: privacy@VirtuGO.com) or by using the contact forms available in VirtuGO.

 

5.4 Service Provider reserves the right to use profiling processing that is not required to provide VirtuGO – for example, for promotional purposes – subject to your prior consent.

 

6 Browsing
6.1 Your browsing data may be used to investigate any liability in the event of any potential computer crimes against VirtuGO.

 

6.2 Service Provider may potentially collect information on your PC, tablet or smartphone, including – where applicable – your IP address, operating system and type of browser used in order to collect useful information for system admin-istration or to show aggregate data to anyone running promotional activities through the Service.

 

6.3 Data extracted from the use of a browser shall be managed as statistical, anony-mous data and does not identify any data subjects.

 

7 Geopositioning
7.1 VirtuGO can access location data from the device where it is installed (e.g. smartphone or tablet) or from connected devices, provided that you authorise this processing by ticking the relative option on your device.

 

8 Storage location of your Personal Data, password security and transmission of data online
8.1 Your Personal Data is stored on servers located in the European Union.

 

8.2 Service Provider will take every reasonable precaution and measure to ensure secure processing according to the terms laid down by applicable legislation.

 

8.3 If a password has been allocated for access to certain features of the Service, please keep it secret and do not share it with anyone. Indeed, passwords are an essential tool for maintaining appropriate security conditions for the processing of your Personal Data.

 

8.4 Transmission of data online presents certain risks and even though Service Pro-vider puts in place suitable security levels, Service Provider is not able to guar-antee that the transmission of data is completely secure.

 

8.5 Any online data transfer is carried out at your own risk. As soon as Service Pro-vider receives your data in our Database, Service Provider shall apply all measures and procedures put in place to avoid unauthorised access or any dam-age, on a reasonable basis.

 

8.6 Your data may be communicated to people, companies or professional firms that provide accounting, administrative, legal, taxation, financial or credit collection assistance for the provision of their own Services. Your Personal Data may also be communicated to subjects, bodies or authorities when compulsory for legal reasons or when ordered by the authorities.

 

9 Disclosure to Third Parties
9.1 Service Provider may disclose your Personal Data to other companies or people under any of the following circumstances:
• to any applicable venue, studio, instructor, or other service provider for each class or activity that you sign up for on VirtuGO, so it can contact you regarding the activity you reserved and send you other communication that may be of interest such as special offers (you may opt-out of marketing communications directly with the applicable venue).
• if sharing the information is reasonably necessary to provide or otherwise make available VirtuGO and any feature of VirtuGO or a service that you have requested.
• to keep you up to date on the latest product announcements, software up-dates, special offers, or other information Service Provider assumes you would like to hear about either from us or from our business partners (un-less you have opted out of these types of communications). (Note that you will not be able to opt out of service announcements that contain important information relevant to your use of VirtuGO and are not promotional in na-ture.)
• if Service Provider believes in good faith that Service Provider is required to do so by law, in connection with litigation, to prevent a crime, or to pro-tect personal property, the public, or VirtuGO.
• in connection with a sale or merger with another entity, consolidation, re-structuring, sale of company assets, financing or other corporate change, including during the course of any due diligence process or if VirtuGO should ever file for bankruptcy or related proceedings.
• to your employer (or similar entity), if you participate in any enterprise so-lutions or corporate programs.
• when Service Provider otherwise has your consent to share the information.

 

9.2 VirtuGO may also share non-Personal Data with third parties (e.g. aggregate or demographic data).

 

10 Minors
10.1 People under the age of 18 (“Minors”) may only use VirtuGO under the supervi-sion and with the consent of the person holding parental authority over them (parents or guardians). Minors may only register on VirtuGO with consent from their parent(s) or guardian(s) (“Parental Consent”).

 

10.2 Only when this consent has been granted shall it be possible to collect the Per-sonal Data of the Minor who has requested registration to use VirtuGO.

 

10.3 If Service Provider discovers that any data collected in the Database relates to a Minor that was collected without a valid parental consent, Service Provider will delete such data at the earliest opportunity possible.

 

11 Secure Information
11.1 It is important for us that your Personal Data is kept secure. Service Provider has strict security procedures for the collection, storage and transfer of Personal Data to prevent unauthorized access and to comply with applicable law. Our security is checked regularly. The information and data you provide is stored on our own or one of our business partners’ secure servers within the EU. VirtuGO encrypts the Personal Data you input in VirtuGO before sending such Personal Data to us.

 

11.2 Service Provider has taken necessary technical and organizational security measures to protect your Personal Identifiable Information against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law.

 

11.3 Service Provider stores and processes your Personal Identifiable Information on IT systems with controlled and limited access. The systems are located on serv-ers in secured premises.

 

11.4 Service Provider uses industry standards such as firewalls and authentication protection to safeguard your Personal Identifiable Information.

 

11.5 If you send Personal Identifiable Information by email to us, you should be aware that this is not secure if your email is not encrypted.

 

12 Consent
12.1 By using the Services provided by us, you consent to and grant us and our affili-ated companies an unlimited, free of charge and transferable right to use content, including any Personal Data, including health related Personal Data, as well as any other intellectual property submitted to us by you for the purposes of operat-ing VirtuGO. You may at any time revoke this license by deactivating your use of VirtuGO provided by us. Service Provider does not collect any Personal Data prior to obtaining your consent, which is granted at the installation of VirtuGO. You may at any time withdraw your consent for our collection, use, processing etc. of your Personal Data.

 

13 Anonymized Data
13.1 Service Provider may process anonymized information to further improve Virtu-GO and the Services. Service Provider may also transfer anonymized data to a third party for use for Artificial Intelligence (AI).

 

14 Correctness of data
14.1 The processing of your Personal Data will be organized so the information can be updated when needed. Information that proves inaccurate or misleading will be promptly rectified or erased. You are responsible for providing us with infor-mation to help ensuring the correctness of your Personal Data.

 

15 Right of Access
15.1 Upon your written request, Service Provider will provide you with information on whether or not Service Provider processes Personal Data concerning you. Service Provider will also provide you with information on 1) what information is pro-cessed, 2) the purposes, 3) the categories of recipients of the Personal Data and 4) available information about the source of the Personal Data.

 

15.2 Service Provider will provide such information to you within 4 weeks from the date of receipt of your request. If Service Provider cannot provide such infor-mation to you within the stated 4 weeks after the date of receipt of your request, Service Provider will provide you with information of the reason for this and the time when the information is likely to be available.

 

16 Retention
16.1 Service Provider will retain your Personal Data for as long as Service Provider needs it to provide you with VirtuGO.

 

16.2 If you delete your account with us or do not use your account with us for a peri-od of one (1) year, Service Provider will automatically delete your Personal Data and your account. Please note that: (1) there might be some latency in deleting this Personal Data from our servers and back-up storage; and (2) Service Provider may retain this Personal Data if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

 

17 Editing Information
17.1 Your information (including your basic information) may at any time be edited by you via the functionality created for this purpose on VirtuGO.

 

18 Disclosure for legal reasons
18.1 Service Provider discloses Personal Data to companies, organizations or individ-uals outside of our group of companies if Service Provider believes in good faith that access, use, preservation or disclosure is necessary to: (1) comply with ap-plicable law, regulation, legal process or enforceable governmental request, (2) enforce applicable use terms, including investigation of potential violations, (3) register, prevent or otherwise protect against address fraud, security or technical issues, or (4) indemnifying us, our users or the public’s rights, property or safety, as required.

 

19 Public Posts
19.1 VirtuGO may allow you to post or share content to a public area of VirtuGO such as a public profile, group, community or other public area. Please note that any content or information you choose to disclose in these areas can be read, collect-ed and used by other users, the general public and other Platforms (including search engines). Service Provider is not responsible for, and this Privacy Policy does not apply to, information you may choose to post in these areas.

 

20 Business transfers
20.1 Service Provider may at some point decide to sell some of our assets or activi-ties. In such transactions, our customer information could be a business asset to be transferred. If our business, VirtuGO, or substantially all of its assets is ac-quired, or in the unlikely event that Service Provider ends our business or enters into bankruptcy, customer information would be an asset transferred to or ac-quired by third party. You acknowledge that any such transfer may occur, and that any acquirer of the Service may continue to use your Personal Data on the terms described in this Privacy Policy.

 

21 Third Party Platforms
21.1 VirtuGO may contain links to other platforms. Service Provider is not responsible for the privacy practices of such other platforms. Service Provider encourages our users to ensure that when leaving VirtuGO they read the privacy statements of each platform that collects Personal Data. When accessing any of these links to visit the aforementioned websites, you leave VirtuGO and enter an environ-ment that has its own Personal Data processing terms and conditions. You should therefore check them carefully. Service Provider accepts no liability or commit-ment from the terms and conditions applied by operators of these websites.

 

22 Data Processors
22.1 Service Provider uses third parties to perform the technical operation of VirtuGO. Such third parties act as a data processor in relation to Personal Data and Virtu-GO is the data controller.

 

22.2 Data processing is carried out within the European Union.

 

22.3 Data processor acts solely on our instructions. The data processor has taken the necessary technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law.

 

23 Cookie
23.1 Service Provider collects various information about you in connection with the operation of VirtuGO. Service Provider collects information about you and your use of VirtuGO in two ways: Through the so-called ‘cookies’ and through the reg-istration and use of VirtuGO.

 

23.2 Cookies are small bits of information that VirtuGO places on your computer’s hard drive, on your tablet or on your smart phone. Cookies contain information that VirtuGO uses to streamline communication between you and your web browser. The cookie does not identify you as an individual user but identifies your computer.

 

23.3 There are two types of cookies – session cookies and persistent cookies. Session cookies are bits of information that are deleted when your session ends. Persis-tent cookies are bits of information that are stored on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit VirtuGO. VirtuGO uses both temporary and persistent cookies.

 

23.4 Service Provider uses similar technologies that store and read information on the browser or device, which utilizes local units and local storage. Such technology can work across your browsers. In some cases, the use of these technologies is not controlled by the browser but requires special tools. Service Provider uses these technologies to store information that is used to ensure the quality of re-views and to pick up irregularities in your use of VirtuGO.

 

23.5 A cookie can contain text, numbers, or for example, a date, but there is no Per-sonal Data contained in a cookie. It is not a program and can not contain viruses.

 

23.6 When visiting VirtuGO for the first time, you will automatically receive a cook-ie. Service Provider uses cookies to customize and create content and services that match your interests and desires. Service Provider also uses cookies for de-mographic and user-related statistics, and thus determines who is visiting Virtu-GO. Service Provider records only anonymous information such as IP numbers, number of bytes sent and received, internet host time, browser type, version, and language, etc.

 

23.7 Service Provider uses cookies
– for statistics, ie: measuring traffic on VirtuGO, including the number of visits to VirtuGO, what domains visitors come from, what pages they look at on VirtuGO and which general geographic area the user is in.
– to enhance the functionality: improve the functionality and optimize your experience of VirtuGO and help you remember your username and pass-word so you do not have to log in again when you return to VirtuGO.
– to integrate with social media, i.e.: allow you to integrate with social media such as Facebook.
– for quality assurance: to ensure the quality of reviews and preventing fraud and irregularities in connection with writing reviews and applying VirtuGO.
– for targeted marketing, i.e.: display specific marketing in VirtuGO that Service Provider believes you will find interesting.

 

23.8 VirtuGO provides access for its third party’s suppliers to inspect the contents of the cookies that are set by VirtuGO. This information shall be used exclusively on behalf of VirtuGO and must not be used for the third party’s own purposes.

 

23.9 Our Website uses cookies from the following third parties:
– Google Analytics: for statistical purposes. You can refuse cookies set by Google Analytics by clicking here: http://tools.google.com/dlpage/gaoptout

 

23.10 Most browsers allow you to erase cookies from your hard drive, block all cookies or receive a warning before a cookie is stored. You must be aware that in such case services and features cannot be used by you because they require cookies to remember choices you make. Service Provider hopes that you will allow the cookies Service Provider set as they help us improve VirtuGO.

 

23.11 You always have the option to delete cookies stored on your computer.
– How to delete cookies in Microsoft Internet Explorer
https://support.microsoft.com/en-ae/help/278835/how-to-delete-cookie-files-in-internet-explorer

 

– How to delete cookies in Mozilla Firefox browser
https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

 

– How to delete cookies in Google Chrome browser
https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en-GB

 

– How to delete cookies in Opera browser
http://www.opera.com/help/tutorials/security/privacy/

 

– How to delete flash cookies – applies to all browsers
http://www.wikihow.com/Delete-Flash-Cookies

 

23.12 VirtuGO uses Google Analytics to analyse how users use VirtuGO. The infor-mation generated by the cookie about your use (traffic data, including your IP address) is transmitted to and stored on Google’s servers in the United States. Google uses this information to evaluate your use of VirtuGO, compiling reports on the activity of VirtuGO and providing other services relating to the operation of VirtuGO and internet use. Google may also transfer this information to third parties if required by law or if third parties process the information on Google’s behalf.

 

23.13 Google Analytics sets two types of cookies: (a) persistent cookie providing in-formation on whether the user is recurrent, where the user is from, what search engine is used, keywords, etc., and (b) session cookies that are used to show when and how long a user uses VirtuGO. Session cookies expire after each ses-sion, that is, when you close your tab or browser. Google does not process your IP address with other data, Google holds.

 

23.14 Most browsers allow you to erase cookies from Google Analytics. Read more about Google Analytics’ cookies.

 

23.15 By using VirtuGO you provide your consent to our use of cookies as described. If you no longer wish to consent to the use of cookies, deselect the cookies by modifying the settings in your browser.

 

23.16 VirtuGo uses Falcon and when visiting Falcon’s websites, the Falcon use Google Analytics for collecting cookie and usage data.

 

23.17 When visiting Falcon.io the services may use cookies, that Falcon.io’s webserver sends to your computer’s browser file. Falcon.io’s cookies help provide addition-al functionality to the service and helps Falcon.io to analyse Service usage more accurately.

 

23.18 When visiting Falcon.io’s websites, Falcon.io may also place third party cookies, which are used for marketing purposes. Falcon.io and its partners use these cook-ies, in order to deliver relevant marketing content to you when visit Falcon.io’s third parties’ websites.

 

23.19 While using VirtuGo and Falcon’s platforms, Falcon collect certain Personal In-formation, which includes but it is not limited to the following data: Name, user name, unique user ID, e-mail address, IP-address, device information, state, country, approximate geographical location, title, passwords, phone numbers.

 

23.20 Falcon’s Privacy Policy includes also the usage of cookies, and you can find more information at the following website: https://www.falcon.io/privacy-policy/

 

23.21 To find more information about, which cookies Falcon is currently using, please go to the following website: https://www.falcon.io/cookie-policy/

 

24 Questions
24.1 If you have questions about this privacy policy or our treatment of Personal Iden-tifiable Information, rectification or your relationship with us in general, please feel free to contact us at the following address:

 

VirtuGO ApS
VAT No. 37625728
c/o Soho, Room 223
Flæsketorvet 68.
DK-1711 Copenhagen V
Denmark

 

W: www.virtuGO.com

 

E: privacy@VirtuGO.com

 

25 Changes
25.1 Service Provider may change our Privacy Policy at any given time. As a VirtuGO account holder you should review our Privacy Policy regularly. Such changes come into force immediately. If you do not agree to the modified Privacy Policy, please stop using VirtuGO. In the event of a conflict between this Privacy Policy and the modified terms, the modified terms shall apply. Your continued use of the Services provided by us after the date the modified terms are posted will con-stitute your acceptance of the modified Privacy Policy.

 

25.2 If Service Provider is involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. Service Pro-vider will notify you (for example, via a message to the device id associated with your account) of any such deal and outline your choices in that event.

 

26 Supervision
26.1 The Danish Data Protection Agency, inter alia, supervises the compliance with the applicable national regulation on Personal Data. The contact information for the Danish Data Protection Agency is:

 

Datatilsynet
Borgergade 28, 5
DK- 1300 Copenhagen K
T: 3319 3200
F: 3319 3218

E-mail: dt@datatilsynet.dk

 

https://www.datatilsynet.dk/english/the-danish-data-protection-agency/introduction-to-the-danish-data-protection-agency/