We are committed to protecting your privacy and complying with applicable data protection and privacy laws.
“GPS Formula” refers to Gps Formula Sport Association, including all its group companies, affiliates and subsidiaries from time to time (also referred to as “we”, “us”, or “our”). Brands of GPS Formula are listed in www.GPSFormula.com. You acknowledge and agree that your personal data collected may be used in accordance with this Policy by and for one or more GPS Formula group companies, which will be regarded, individually or jointly, as data controllers in respect of such data.
This Policy applies to personal data collected in connection with products and services offered by GPS Formula or from other interactions with us where a link or other appropriate reference of incorporation to this Policy is made, for example, in connection with our products, websites, applications and other types of services offered by GPS Formula typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns.
We may provide additional privacy related terms in connection with a particular GPS Formula product or service. Such product or service specific terms prevail over this Policy to the extent of any conflict. Our products or services may also contain links to other companies’ websites and other third party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. GPS Formula is not responsible for the privacy practices or contents of any such third party services.
Where a consent from you to the processing of personal data described in this Policy is required under the applicable law, such consent will be obtained by appropriate mechanism such as ticking a box stating your consent, choosing technical settings for a service or website, or other statement or conduct clearly indicating your acceptance to the processing, depending on the product, website, service or application you are using.
We collect your personal data typically when you purchase or simply use our products or services, use or register into our services, enter into a sales promotion or a campaign, or otherwise interact with us. When you sign up for a User Account, you are required to provide your name and an email address (which will be used as your login ID), and to create an account password. This password is stored in an encrypted fashion on our systems. In order to benefit fully from the Products and Service, you can also add additional personal details to your User Account, such as height, weight, gender, date of birth, profile picture, brand of sports equipment used, and location. Below are examples of the categories of the data we collect on you.
Information you provide us. When you register to our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with certain information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you, as well as information uploaded by you such as location, route information, pictures etc. We may collect training data, demographic information, for example, your age, gender, postal code, brands and language preferences.
We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient.
Special categories of personal data. We may collect your biometrical and health related data such as blood pressure, heart rate, fingerprints or similar depending on the service or product you have purchased. Users are requested to grant consent for such data collection explicitly per each service or product in question. For certain services or applications, this may be done by adjusting the settings of the application or service. Denial of the consent may affect the provision of the relevant service.
Your transactions with us. We collect or request information relating to your purchase or use of our products or services as well as your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), purchasing details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and GPS Formula, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other similar contact points.
Location data. Certain services may involve the use of your location data. Use of your location data is, however, subject to your prior consent for each service.
Data obtained from third parties. In addition to the personal data we obtain from you, we may obtain, in accordance with applicable laws, certain personal data from list rental companies and other publicly available sources. This may include personal data such as credit information and address information updates.
For the features of the service, we store the GPS data you send us. These are associated with your account or name if you choice this, and are shown information such as dates and times when you were recording the track. Please consider this before uploading your GPS tracks.
What Does GPSFormula Do With the Information Collected?
Is Information About Me Secure?
To keep your information safe, GpsFormula employs standard industry security practices, such as firewall barriers, encryption techniques and authentication procedures, to protect all your data. Information you provide to GpsFormula related to third party services you access through your use of the Product is protected by the privacy policies and procedures of such third party services.
When you register for the Service, GpsFormula requires a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems. You are responsible for protecting against unauthorized access to your passwords for those services and to your computer by signing off once you have finished using a shared computer.
While our aim is to keep data from unauthorized or unsafe access, modification or destructions, no method of transmission of the Internet, or method of electronic storage is 100% secure and we cannot guarantee its absolute security.
We store data as long as it is necessary to provide our service. We delete all your personal information when your account has been inactive for 48 months or when your account is deleted. You will be notified by e-mail of this. Dutch law requires us to save payment information for 7 years.
Please note that when you delete your account or ask us to delete your personal data, we delete all your personal data we have stored on our servers. We cannot delete the information you publicly shared, such as a video you shared on Facebook or Instagram or local copies of a video you or people who you shared your video with might have. When you choose to use Replay tracks, you allow other users to add your photos and route to their videos. We can not remove your data from these videos.
THE PURPOSES OF PROCESSING
GPS Formula processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously.
Provision of products and services. We may process and use your personal data to provide you the product or service you have requested, fulfill your other requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and GPS Formula. We may also process and use your personal data to ensure the functionality and security of our products and services, to identify you, and to prevent and detect fraud and other misuses.
Development of products and services. We may process and use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services, and not data directly identifiable to you. We may also process and use your personal data to personalize our offerings and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising. We may combine personal data collected in connection with your use of a particular GPS Formula product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose.
Communicating with you and marketing. We may process and use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may process and use your personal data for marketing. Marketing purposes may include using your personal data for personalized marketing or research purposes in accordance with applicable laws, for example, to conduct market research and to communicate our products, services or promotions to you via our own or third parties’ electronic or other services.
In addition, some of our products and services may be used to promote products and services of other companies. However, GPS Formula does not disclose your personal data to such companies for their marketing purposes without your prior consent.
Profiling. We may process and use your personal data for profiling for such purposes as targeted direct marketing and improvement of our products or services. We may also create aggregate and statistical information based on your personal data. Profiling includes automated processing of your personal data for evaluating, analyzing or predicting your personal preferences or interests in order to, for example, send you marketing messages concerning products or services best suitable for you.
TRANSFERS OF YOUR PERSONAL DATA
We may disclose your personal data to third parties solely as stated below in this Policy, or as obligated by mandatory law.
GPS Formula group companies. You acknowledge and agree that we may share your personal data within GPS Formula group companies, and may transfer your personal data for the use of other GPS Formula group companies.
Service providers and other authorized third parties. We may transfer your personal data to authorized third parties who process personal data on behalf of GPS Formula for the purposes described in this Policy, such as e.g., technical, logistics and other service providers Such parties are not permitted to use your personal data for any other purposes than for what your personal data was collected, and we require them to act consistently with applicable laws and this Policy as well as to use appropriate security measures to protect your personal data.
We may also transfer your personal data, including heart rate data, biometrical data or other health related data, to a service partner, if you use such services where a third party company needs to process such data for the provision of the respective service or where you separately agree that a third party company may process your data in connection with the services or products of GPS Formula.
International transfers. Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred outside the country where you use our services, including to countries outside the European Economic Area (EEA), where the level of data protection may not be deemed adequate by the European Commission. In such cases we take steps to ensure that adequate protection for your personal data is provided as required by applicable laws. For international transfers of your personal data, we generally rely on agreements that are based on the Standard Contractual Clauses (“SCCs”) of the European Commission. You may find the SCCs here. If you wish to know more about international transfers of your personal data, you may contact us via the contact details given below.
Other disclosures. We may disclose and otherwise process your personal data in accordance with applicable laws to defend GPS Formula legitimate interests, for example, in civil or criminal legal proceedings.
Mergers and Acquisitions. If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers, for the purposes of such transactions.
DATA CONCERNING MINORS
GPS Formula does not seek to collect any information from or engage in any transactions with persons under the legal age in their respective country. Our databases may nevertheless contain personal data of children due to the fact that it is not always possible to determine precisely the age of the user. We reserve the right to block the service from any person who is or whom we reasonably suspect of being a minor.
GPS Formula policy is to request that minors do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian’s consent, you must be able to prove that such consent exists upon request.
DATA QUALITY AND RETENTION
We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data.
Certain GPS Formula products and services may allow you to manage your profile and the information in such profile. We encourage you to access your personal data via your profile from time to time to ensure that it is correct and up-to-date. Please remember that for such electronic services where you may manage your profile, it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes.
We store your personal data only for a period necessary for the purpose in question or as long as required by applicable laws.
GPS Formula implements appropriate technical and organizational security measures to prevent and minimize risks associated with providing and processing personal data.
Such security measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors, sufficient training of GPS Formula’ personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidental damage or destruction of your personal data. If a particular part of an GPS Formula website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions.
Some of the GPS Formula websites may also use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
GPS Formula may use so called web beacons (or “pixel tags”) in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be personally identifiable.
If you wish to disable cookies, or want to be notified before they are placed, you may do this in your browser settings. For example, if you are using Internet Explorer, you may disable and manage cookies by following the instructions here. However, we may not be able to provide certain services or you may not be able to view certain parts of this site if you have disabled cookies.
You acknowledge and agree to the storage of cookies, other local storage technologies, beacons and other information on your devices and to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above.
You have the right to request information and access to the personal data we have collected from and of you. You also have the right to request that we replenish, rectify, anonymize or delete any incomplete, incorrect, unnecessary or outdated personal data we hold on you. However, we cannot delete such personal data that is necessary for compliance with binding legal obligations or if the personal data must be retained according to applicable laws. You have the right to request and receive the personal data we have collected on you in a commonly used and machine-readable form. In case you consider your personal data collected by us to be inaccurate, you do not wish your personal data to be deleted where the processing of your personal data has been deemed unlawful or the personal data is no longer necessary, or you have objected to the processing and the existence of legitimate grounds for processing is still under consideration, you may request restriction of processing of your personal data.
You may also at any time object to your personal data being processed for direct marketing purposes, sending promotional materials, profiling, or for the performance of market research. Further, where your personal data is processed based on your consent, you have the right to withdraw your consent for such processing at any time.
In case you wish to make use of your rights mentioned above, you may, as appropriate and in accordance with applicable laws, exercise such rights by contacting us through the contact points referred in the marketing materials or below in this Policy. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.
Please note that GPS Formula may need to identify you and to ask for additional information in order to be able to fulfill your above requests. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.
COMPLAINT TO THE SUPERVISORY AUTHORITY
In the event you consider GPS Formula processing activities of your personal data to be inconsistent with the applicable data protection laws or that GPS Formula has not sufficiently ensured the realization of your rights, you may lodge a complaint with the local supervisory authority responsible for data protection matters.
THE CONTROLLER OF YOUR PERSONAL DATA AND CONTACT DETAILS
The data controllers responsible for the purposes of the applicable data protection laws are:
1) Niccolo' De Simone
2) The GPS Formula group company, whose webpage, application, product or service you are using (name and registered address available during the purchase or registration process)
and, as applicable,
3) The GPS Formula group company which uses your personal data for its direct marketing or similar purposes (name and registered address available in the marketing material received by you).
You may contact the above mentioned data controllers at the following address:
GENERAL DATA PROTECTION REGULATION OR GDPR OF EUROPEAN LEGISLATION ON DATA PROTECTION
Without prejudice to what has been specified so far, we want to summarize in a simple way and in accordance with what is indicated in the General Data Protection Regulation or GDPR of the European data protection legislation, the basic conditions:
Your consent, expressed explicitly during the operations you register, authorizes us to show,process,summarize and publish your data (generic, localization (also in real time) and biometric).
You also authorize us to publish the details, results, compare your data through the various social networks.
The purpose of processing your data is to be able to use the services of GpsFormula.
All your data will be shown in summary or aggregated form in statistical forms and as mentioned above, you authorize us to disclose them in different forms on the various social networks, also explicitly mentioning your name, position and biometric data that you provided to us.
This document constitutes the information.
2) Fulfillment of obligations
We use your data to provide you with details, analyzes and summaries of your performances and to compare them with other users of the platform and disclose them in different forms on the various social networks
3) Legal obligations to which the data controller is subject
GpsFormula guarantees that there is no less invasive method of collecting your data to achieve the purpose.
In any case, you may, at any time, exercise your rights:
- access to personal data (My Tracks section or e-mail request);
- to obtain the rectification or cancellation of the same or the limitation of the processing that concerns them in cases where this does not conflict with other provisions of the law;
- to oppose the processing;
- to oppose data portability;
- to withdraw the consent, where provided for in cases where this does not conflict with other provisions of the law: the revocation of the consent does not prejudice the lawfulness of the treatment based on the consent given before the revocation;
- to lodge a complaint with the supervisory authority (Privacy Guarantor).
Your rights may be exercised by sending a request by email to the address email@example.com
Your data can be profiled for placement in the categories provided by the platform (gender, location, type of sport, type of activity) as expressly indicated and authorized at the time of registration
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