My Whoosh Technology Services LLC (“we”, “us”, “our”) with principal place of business at Royal Group Building, Abu Dhabi, United Arab Emirates is the “data controller” in respect of your personal information. We operate MyWhoosh (including the application itself, its services, features, etc. collectively “Services“, “App”) and stage-website.my-whoosh.com (“Site”). We understand the importance of protecting our customers’ (“Customer”, “you”, “user”) personal information. This Privacy Notice sets out the basis on which any of your personal information which we collect from you or third parties, or that you provide us, will be processed by us. Please read this Privacy Notice carefully so that you are familiar with our practices regarding your personal information, privacy, and security while using MyWhoosh. To contact us, please use the “Contact Us” section of the Site and/or App. HOW AND WHEN WE COLLECT YOUR PERSONAL INFORMATION We collect and process personal information when you:
- visit our Site and use the App (including when registering on our Site or the App, leaving any reviews or comments, filling in forms on our Site/App, such as when you sign up for newsletters or enter a promotion (such as a competition, contest, prize draw or sweepstake) as well as when you work out – see “Your Workout Details/ In-App Activity” section below);
- purchase any products from our Site/App or subscribe to any of our services;
- attend our events;
- contact our customer service centres or request information from us in any other way;
- participate in our customer satisfaction surveys or other market research; and
- communicate with us via social networking websites, third party apps or similar technologies.
We may also collect information about you from third party sources, such as from your use of other websites/apps (e.g. social networking sites). INFORMATION WE COLLECT When you use the Site and/or App, we collect different personal information in three different ways; (i) information you provide us with; (ii) your workout details/ in-app activity (i.e. information about you that is generated during your usage of the App); and (iii) data which is automatically collected when you use our Site and/or App (through cookies and similar technologies). The details of all these types of data collection are listed below. 1. Information You Provide Us With We and our third-party providers and business partners who enable us to operate our App, may collect and process the following personal information about you which you provide:
- contact details (such as your name, address, email address and telephone number);
- demographic information (such as age, gender and/or other information that may identify you as an individual);
- physical information (e.g. height, weight, heart rate etc.);
- password and other authentication information;
- photograph (for example as part of your profile photo);
- responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
- financial and credit card information; and
- your marketing preferences.
2. Your Workout Details/ In-App Activity Since we are a fitness app, your activity on the App will largely revolve around your workouts, training records, tracks and routes, pace, and other physical information, including heart rate and burnt calories. Besides that, other information like your completed missions, training modules, previous challenges will also be stored to enhance your experience and build your complete fitness ecosystem. Furthermore, during your usage of the App, you may also use our broadcast chat system to interact with the wider MyWhoosh community. Be assured, however, that we don’t monitor every conversation, unless a prohibited element is found and reported there. 3. Automatically Collected Data (through Cookies and Similar Technologies) We also store certain data that gets collected automatically at our end, for example through using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device. Cookies generally only work with web browsers, but there are similar technologies that are used with apps. This personal information collected allows us to keep our systems compatible with the requirements of our users at all times, distinguish you from other users and to help us improve our Site and/or App. Details like your usage of the App, favoured versions, favourite pages, IP address, and other information about your use of our App are a few examples of this. Furthermore, when you install our App, we also get to store information regarding your device, such as its unique device identifier, model number, location, network in use, make, etc. When you use our Site, we may also collect information like your journey through our Site, length of visits to certain pages, page interaction information, operating system, browser type and version. The cookies we use fall into the following categories:
- Session cookies: These allow our Site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
- Persistent cookies: These are stored on your device in between browser sessions. They allow your preferences or actions across the Site to be remembered. These will remain on your device until they expire, or you delete them from your cache.
- Strictly necessary cookies: These cookies are essential for you to be able to navigate the Site and use its features. Without these cookies, the services you have asked for could not be provided.
- Performance cookies: These cookies collect information about how you use our Site, e.g. which pages you go to most often.
- Functionality cookies: These cookies allow the Site to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features.
If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org). Please note that, if you do set your Internet browser to reject cookies or otherwise withdraw your consent in relation to cookies, you may not be able to access all of the functions of the Site. Additionally, the moment you connect MyWhoosh with one of the fitness social networking websites, we get access to your basic profile information from there. We will also collect and store your usage history and data regarding your attendance at our events. If you contact us with a complaint or query, we may keep a record of any phone number used to call our customer service number as well as the correspondence and the period of time it took for us to deal with a query or any request you had. We may also record your levels of satisfaction with the services we have provided. USING YOUR PERSONAL INFORMATION The personal information we gather and/or otherwise receive is processed for the following purposes:
- to provide you with the information and services you have requested and send you marketing and advertising materials;
- to authenticate, recognise you as a separate user and distinguish you from other users;
- for system administration purposes and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to analyse your preferences to personalise your training regime;
- to provide customer support and ensure we provide a good level of customer service;
- to tailor any marketing or advertising so that it is more relevant to you;
- to notify you of all the developments and/or any changes so that you remain an informed user;
- to conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns (including using your personal information to evaluate, analyse or predict certain personal aspects relating to you, such as your preferences, interests, and/or location);
- to analyse your race performance to validate results and prevent cheating;
- to make the experience free of bullying, illicit usage, and abuse and for security and fraud prevention and to police our races for example to prevent cheating;
- to ensure that our Site and App are safe and secure;
- to cater to your different needs during your usage of the App;
- to make the experience free of glitches and errors and to monitor your use of our Site and the App to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device; and
- to comply with applicable laws and regulations.
We may also match personal information that you provide to us directly with other information about you obtained from or held by third party sources (such as social media platforms). This may include your contact details, demographic data, your social media interactions, preferences, shopping habits, interests, geographic location and age or age range. We may use this personal information to predict and analyse your performance or to tailor and show advertisements more relevant to you either on our Site and/or App or on third party websites (including social media platforms). LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION This section applies to users in the UK and/or the EEA. We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:
- Consent: For example, where you have provided your consent to receive certain marketing from us and/or where you have provided your explicit consent for us to process certain of your physical information as part of your use of the App (as described above).
- Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as an indoor fitness and cycle racing app, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights.
- Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you may purchase products/services from us and we need to use your contact details and payment information in order to process your order.
- Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
WHERE WE STORE YOUR PERSONAL INFORMATION This section applies to users in the UK and/or the EEA. The personal information that we collect may be transferred to, and stored at, a destination outside the EEA or the UK, including countries, which have less strict, or no data protection laws, when compared to those in the EEA or the UK. Whenever we transfer your information in this way, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this Privacy Notice. Where relevant, we rely on approved data transfer mechanisms (such as standard contractual clauses) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the UK or the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances. HOW WE KEEP YOUR PERSONAL INFORMATION We take steps to ensure that the personal information that you provide is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim. Where we have collected the personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then we will delete your personal information. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future. CHILDREN UNDER THE AGE OF 18 Our App requires you to be 18 years of age or above to be eligible to use its Services. Therefore, we do not intentionally or knowingly collect any personal information relating to individuals under the age of 18, nor do we encourage their usage. SECURITY You must keep your password and any other authentication information for our Site and App confidential. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details above. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted during your use of our Site and App. Our Site and App may, from time to time, contain links to and from third party websites and services such as our business partners and advertisers. If you follow a link to any of these websites and/or services, please note that they have their own privacy notices and we do not accept any responsibility or liability for them. Please check any such third party privacy notices before you submit any personal information to these websites or services. INFORMATION SHARING We may share your personal information within our group of companies (e.g. our subsidiaries, our ultimate holding company and its subsidiaries). We may also share your personal information with our suppliers, business partners and service providers, for example the providers of our fitness tests and other functionalities or where they are helping us to market and advertise our services as well as providing our services to you. We may also share your personal information as follows: FOR COMMUNITY BUILDING: Since our USP is about bringing your fitness community to your home, we do share certain information with other users when you connect with them. For instance, when you challenge someone or strike up a conversation in the App chat section. The credentials we make available for other users are your name, gender, age, height, and weight, along with the country you are operating from. No other information is shared with the community unless you enable it to be shared. FOR SOCIAL SHARING: As MyWhoosh allows connecting with other social fitness apps such as Today’s Plan and Strava, along with other social networking apps, some of your information will be shared with these third party apps and services. The control over such information, however, will entirely be in your hands in the sense that connecting your MyWhoosh account with such apps will be your step to take. Once connected, you will be able to share your training records, gaming feats, and information of similar nature on these apps. FOR BROADCASTING RACES: Where we have your consent, we may share your personal information (including actual and generated workout details/in-app activity data) with broadcasters and other content platforms in order for them to broadcast, stream or otherwise make available live data, when you participate in our races. WITH OTHER THIRD-PARTIES: During your usage of the App, you may come across in-app advertisements from third parties. To ensure that you don’t get to see any advertisements that may not be of interest to you, we will tailor these ads as per your age and gender bracket, along with your overall preferences. We will also share certain data (none of which will directly identify any users) with advertisers to make advertising within the App more relevant to our users’ interests. You may, however, disallow certain information from being shared with the advertisers by using options on your iOS and Android devices that help you opt-out of Ads. Ads will not cease entirely as a result of this act but will become increasingly general and not specific to your preferences in nature. Other: We may also disclose your personal information to other third parties in the following cases:
- for the purposes of research, evaluation, and analysis;
- in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers and visitors to our Site and/or App will be one of the transferred assets;
- if we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request; or
- to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
YOUR RIGHTS AND CONTROLS As well as opting out of ads at any time, you will also have control over changing your account particulars, including your weight and other profile information through your profile settings. Similarly, you will also have the choice to unsubscribe from promotional emails by clicking on the “unsubscribe” link in each email. You may, however, still receive non-promotional emails, for instance, of updates available, or password change, etc. You may also opt-out of push notifications generated by the App by changing your device settings. Please note that even after you delete certain information, we may still retain some to fulfill certain legal requirements. Users in the UK and/or EEA You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information. We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please contact us using the contact details in the “Contact Us” section of the Site and/or App. You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details above) so that we can investigate, and hopefully resolve, your concerns. INTERPRETATION The policies in this document are ascribed in the English (UK) and supersede any other translated version of the same document or the meaning they may imply. CHANGES TO THIS PRIVACY NOTICE We may change this Privacy Notice at any time. The new Privacy Notice will be displayed on our Site and App. The date this Privacy Notice was last updated appears at the bottom. This Privacy Notice was last updated on 13 June 2021