Privacy Policy ActionFaction

 

Date of Last Update: November 13, 2018

 

  1. Our Policy

Intenselife A.G. ( “IntenseLife” / “us” / “we” / “our” ) the developer of ActionFaction Service is committed to respecting the privacy rights of all the visitors and users of the service on the website and on mobile devices. We value the trust that you place in us by sharing your personal data with us, we know your privacy is important to you and we want to give you the best possible experience to ensure that you enjoy our Service.

Through our Privacy Policy, the purpose is to inform you how we collect, use, share, and protect your personal information, the protection of personal data being of a particular concern to us and we are compliance with data protection laws, including with the European General Data Protection Regulation “GDPR” became effective on May 25, 2018.

 

1.2. Statement

By installing, accessing, and using our game, service, features, software, premium subscription, website and any additional terms, rules, regulations, or guidelines herein incorporated ( together the “ActionFaction Service”, or “Service” ), you acknowledge you read, understood and agree to be bound by the Terms of Service and Privacy Policy ( all of, the “Terms” ), creating a legal agreement between you “User” and “Us”.

Please read the Terms carefully before starting to use the Service, if you do not accept the Terms of Use and the Privacy Policy, you are not authorized to access, use and purchase the Service.

 

1.3. These Terms May Change

We reserve the right to amend, add or remove sections and any other documents subjected herein, at any time, at our sole discretion, for several reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. By continuing to use the Service, after any changes are made, means that you are expressing and acknowledging your acceptance to such modification.

If we intend to implement such changes to our Terms, we will give you a prior notice of such changes by posting updates to the ActionFaction website, as well as in the apps stores, in-game and by requesting your provision of consents, if is required in such cases before the changes become effective. You are advised to check the Terms from time to time for any updates or changes that may impact you, by reviewing the available current version of the Terms. If you object to any changes, you may need to close your account as it might not function properly.

 

  1. Information We Collect and Use

Our primary goals in collecting information are to provide and improve our Service, to administer your use of the Service, and to enable you to enjoy and easily navigate our Service.

We collect certain information from you, when you voluntary choose and accept to provide upon registration on website or mobile application, through your social accounts, directly contacting us, subscription, making a purchase, invite a friend to use the service, participating on surveys, offers and promotions.

 

     2.1. Legal Bases for Use of Data

For personal data subject to the GDPR, we rely on several legal bases to collect, use, share and otherwise process the data we have about you for the purposes described in this Privacy Policy, including:

a. Consent – When you have given explicit consent for processing. Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.

b. Contractual obligations – For the performance of our agreement with you, where data is needed to provide and use of the Service.

c. Legal compliance – To comply with a legal obligation on request by public authorities, a court order, to exercise and defend legal claims and to comply with applicable laws and regulations.

d. Legitimate interest – To operate our business and provide the Services, other than in performing our contractual obligations to you, our interest to protect you and other members from security threats or fraud.

e. To protect the vital interests – of you or other individuals, such as in the case of helping to resolve an urgent safety situation.

 

2.2.  Personal Data

Personally identifiable information is the information you provide when you register, or through Apple Health Kit, when we ask access, where you can be identified. This data shall be saved and used in particular in order to offer new applications to you, to improve and conform them to your needs, and may include:

  • first and last name, e-mail address, username and password, phone number – we use to send you information about us and the ActionFaction Service or promotional materials, to contact you when necessary in order to provide the service;
  • pictures that you share with us in-game or through your social media account;
  • birth date, gender, personal characteristics, such as weight and height – are used to estimate the number of calories you burn;
  • payment card information – is used when you subscribe for a premium membership, choosing available subscription periods through iTunes App Store, Google Play or directly from our web site. We will have access to what financial transactions were made for subscription or for adding new categories of service, in order to associate the validity period for what you have paid with your account.

 

2.3.  Activity Data

We collect information about your use and your fitness activities inside the game, such as, steps, calories burned, active time, by asking access to motion tracking, in order to research, understand and provide you with the best products and services, to help you make the most of your physical and mental workouts, to improve and customize your ActionFaction experience and for marketing purposes.

 

2.4.  Location Data

ActionFaction is based on live-tracking feature in order to enjoy the all service benefits, for this purpose, we ask access to your location services and when active we collect, use and store data like GPS signals, device sensors, accelerometer, Wi-Fi access points, cell tower IDs to determine your specific location. This information is stored along with your other account information in order to track your everyday activity and offer a better product experience.

 

2.5.  Social Media Account Information

When you connect our service via third-party network, Facebook and Google, using your social account details, we will collect information that can be used to identify you and provide the option to share certain personal information with us such as your name, email address. We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to ActionFaction.

 

2.6. User-Generated Content

When you choose to post or submit content and materials for publication ( “User Content” ) directly in connection with ActionFaction Service or through a third party network, whether publicly posted or privately transmitted, such as, comments, photos, reviews, your in-game progress, in-game chat messages or any other post content, we collect this information and stored in our servers and other users will be able to see it, along with any other information you choose to make available on your profile. We are not responsible for what other users or third parties do with your visible data, and you understand and acknowledge that you may be exposed to user content that is offensive, indecent or objectionable.

 

2.7. Contests and Giveaways

ActionFaction may offer opportunities to participate in contest, surveys, giveaways and other promotions that help us understand the use of our product and service. When you voluntary participate and consent to submit data in connection with these activities, we may need to collect additional information as part of the entry process, which will be used only for this purpose and we recommend that you read also the rules for each contest you enter.

 

2.8.Third Parties Data

We may collect other information through our service or through our partnership with certain third parties to collect information for the purpose of engaging in analysis, auditing, research, and reporting on the ActionFaction Service and to understand the effectiveness of our advertising.

a. Traffic Data

When you visit or use ActionFaction service, we automatically track and collect certain information from your device and may include: (1) IP addresses; (2) domain servers; (3) types of computers or devices accessing the Service; and (4) types of web browsers or applications used to access the Service (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Service. Traffic data are also used to troubleshoot ActionFaction Service, detect and protect against error, fraud or other criminal activity and enforce our Terms.

b. Cookies

We collect certain information through the use of “Cookies,” which are small text files that are saved by your browser when you access our Service. We use session cookies to monitor and improve our Service and provide you a full ActionFaction experience. Although most browsers automatically accept cookies, you can change the browser options to stop automatically accepting cookies or to prompt them before accepting cookies. That opt-out will apply only to the specific browser or device from which you opt-out, and therefore you will need to opt-out separately on all of your browsers and devices you use. However, that if you don’t accept cookies, you may not get the full ActionFaction experience and you have to opt-out again. Some third-party services providers that we engage may also place their own cookies on your browser. This Privacy Policy will cover only our use of cookies and does not include use of cookies by such third parties.

c. Data Analytics – Amazon Mobile Analytics

We use tools to perform statistical research into general trends in the use of our website and Service, social media, membership, contest.

We use Amazon Mobile Analytics as our primary analytic tool to understand how our customers use the ActionFaction Service. You can read the Amazon Mobile Analytics Privacy Policy.

d. De-Identified Data – Data That Does Not Identify Users

First and foremost we don’t sell any personal data that could identify you. We may share or sell aggregated, de-identified data that does not identify you personally,with partners and the public in different ways, such as, to inform the health community and industry about trends by providing them research, reports, statistics about health and fitness activities, or in service for our Premium Subscription, for marketing and promotional use or for sale to interested audiences. When we provide this information, we take legal and technical measures to ensure that the data does not identify you and cannot be associated back to you.

 e. Other Information

ActionFaction Service may include links to other websites that may collect personal information, and whose privacy practices may differ from those of our Service and that are not under our control. You must acknowledge sole responsibility and assume all risk arising from use of any third-party services. You should review the privacy policies at those websites to confirm that you understand and agree with their policies.

 

  1. We Share Data

We may share your personal data only in certain circumstance to:

Partners – sometimes we offer you a service or application in co-operation with partners. We may also disclose your personal data to those partners, but only where you have consented or requested that we do so. If you win a contest or sweepstake, we may disclose the names of winners online. We may also share your information with third party partners and co-sponsors, where relevant; in such cases, we will clearly notify you of the sharing, and you will have the choice not to participate or to otherwise object to such sharing.

Third parties in case of legal requirement – we may also disclose your personal data if we believe we are required to do so by law, or is reasonably necessary to comply with legal processes; when we believe necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Privacy Policy; to respond to any claims against us, to protect the rights, property, or personal safety of our clients.

Corporate Transaction – in addition, information about our customers, including personal data, may be disclosed as part of any merger, sale, transfer of ActionFaction Service assets, acquisition, bankruptcy, or similar event. We will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

 

  1. Your Rights

You can contact us at any time if you have any questions about your rights regarding data protection or if you wish to exercise any of the following rights by sending a request via email to the email address or by writing to our postal address.

a. Right to Withdraw Your Consent – You can revoke your consent with us to process personal data at any time, in those cases where consent for processing was given.

b. Right of Access – You have the right to be informed of and request access to the personal data we process about you.

c. Right to Rectification – You have the right to obtain the rectification of inaccurate or incomplete personal data concerning you from us. In case the data processed by us is not correct, we will rectify these without undue delay and inform you of this rectification.

d. Right to Erasure – You have the right to request that we delete your personal data we store about you.

e. Right to Restriction of Processing – You have the right to request that we temporarily or permanently stop processing all or some of your personal data.

f. Right to Data Portability – You have the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another third party’s service.

g. Right to Object – You have the right to object at any time to the processing of your personal data for which our legitimate interests are the legal basis, including profiling based on those provisions. You also have the right to object to processing of personal data for direct marketing purposes.

h. Right Not to Be Subject to Automated Decision-Making – You have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce an significant effect.

i. Right to File a Complain – You have the right to file a complaint with your local supervisory authority, if you think that the processing of your personal data infringes applicable law.

 

  1. Privacy Settings

You may change the information you submitted for your account through ActionFaction Service or through your social media account by adjusting the privacy settings of the account, in this way you can decide for different categories of information collected, or directly by contacting Support Team, excepting your profile name. You can adjust e-mail and push notification settings, by choosing to opt out of receiving communications from us, but some account related newsletters, we will continue to send, such as service updates, policies changes, purchase confirmation or password reset or to opt out for certain notifications, including alerts about activities. If you would like not to have your social media account associated with our Service, you have the option to continue with “Skip” button. You can stop all collection of information by uninstalling the ActionFaction Service through your devices.

We take reasonable precautions to protect your personal information from any security breach, unauthorized access, against lost, theft, implementing reasonable security measures, including encryption technology, to keep your information confidential. We also recommend that you take additional steps to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in username and passwords, be responsible with the content you make available, you regularly install upgrades, or other new features on your devices you use.

Despite our efforts to protect the information collected, we cannot guarantee the security of your information at any time. No security method over the internet is fully secure or error free, there is always some risk that an unauthorized third party may access and use.By using ActionFactionService you acknowledge that you understand and agree to assume these risks.

 

  1. Data Retention and Deletion

 

6.1. Data Retention

We will retain information for as long as you maintain your account active or as needed to provide you the ActionFaction service and to fulfil the purposes described in this Privacy Policy, such as your profile and in-game fitness activities, in order to have the ability to review the activities over time, track the progress toward personal goals, challenges and the past achievements. Information about you that is no longer necessary and relevant for our service will be de-identified and in addition, we will retain and use to comply withour legal obligations, resolve disputes, and enforce our agreements.

 

6.2. Deletion

You have the right to request deletion of your ActionFaction account and information associated with your account, if you no longer want to continue with our service by contacting us on Support Team. All your personal information provided by registration and using the service, will be deactivated, de-associated with the account and deleted from our active databased, if you had chosen to provide this information. Additionally, your third-party social media account information will be also de-associated with your account and all your activities will be de-identified and remain in our archives as anonymous information that is no longer linked to your deleted personal information – de-identified data, for analytics purposes.

Because it happens you to take extended breaks from fitness activities and may use our service on other devices, we do not delete information automatically based on account inactivity or when you uninstall our ActionFactionservice from one of your devices.

However, if we receive a request from you regarding deletion of your account, we will comply with such requests within 30 business days and maintain a record of the deletion for one year after the deletion.

 

  1. Contact Us

If you have any questions, comments or concerns about our ActionFaction Service or these Terms you may contact us at:

IntenseLife A.G. – Muehlebachstrasse 25, 8008 Zurich, Switzerland

E-mail: support@actionfaction.com