1. Important information

Purpose of this privacy notice

This privacy notice aims to give you information on how TrueKinetix collects and processes your personal data through your use of our website, your use of our apps or your participation in an event, including any data you may provide when you sign up to our newsletter, purchase a product or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

Controller

TrueKinetix (as defined in Article 10 (Contact with TrueKinetix) below and hereinafter also referred to as “we” and “us”) is the controller. TrueKinetix respects your privacy and ensures that your personal data are handled with due care. In general, TrueKinetix does not share your personal data with third parties without your consent, unless this is part of the service that TrueKinetix performs for you.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us by using the details set out below.

Contact Details

If you have any comments or queries regarding our privacy policy, please contact support or you can contact our Data Privacy Manager at:

TrueKinetix B.V.
Johan Huizingalaan 763 A, 1066 VH Amsterdam, the Netherlands
Email: privacy@truekinetix.com

Customers in the European Union have the right to make a complaint at any time to their relevant data protection supervisory authority (for example the Information Commissioner’s Office (ICO) in the UK)in relation to data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated in October, 2018. We may from time to time update this privacy notice to remain compliant with applicable data protections laws so please check back here for updates.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party links

This website and our apps may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. About the data we collect

Below is an explanation regarding of TrueKinetix’s website, www.truekinetix.com, how we process the personal data that we receive from you via the Websites, Apps or Products.

Article 1 – How do we collect your personal data and on which legal basis?

TrueKinetix collects your personal data in the following situations, among others, but not limited to:
1. when you visit our website
2. when you use one of the apps;
3. when you use one of the products that allow the collection of data from you
4. when you contact TrueKinetix, e.g. by email, using a contact form or by telephone;
5. when you register for the digital newsletter;
6. when you place an order via the web shop on the websites;
7. when you open or use an account via the website or apps;
8. when you take part in a public forum on the websites or via the apps.
9. when you take part in an event.

Where TrueKinetix processes your personal data, it does so on the following legal basis:
A. performance of a contract with you (or taking steps at your request prior to entering into a contract with you);
B. compliance with a legal obligation of TrueKinetix;
C. our legitimate interests, which include but are not limited to (i) our commercial and marketing interests, (ii) our interests in providing, maintaining and improving our services and customer experience, (iii) our interest in combating fraud, abuse and security or technical issues with our services, (iv) our interest in performing (statistical) research, and (v) our interest in enforcing or investigating (potential) legal claims; and
D. your consent (and if applicable, your explicit consent (e.g. in relation to health data)).

Article 2 – What personal data do we collect and for what purpose?

a. Visit to Websites and Apps in general when you visit the Websites or use the Apps, our servers automatically store information, such as your URL, IP address, browser type and language and device type, and the date and time of the visit. We use this information for statistical reasons only.

General visit data and click behavior on the Websites or are monitored to allow us to improve the services to you, to optimize the layout of the Websites, to improve the provision of information to you, to combat fraud and for statistical purposes.During the use of the Websites cookies are furthermore placed on your computer, smartphone or tablet; see e.g. Article 4 for further information on the use of cookies by TrueKinetix.

b. Contact with TrueKinetix when you contact TrueKinetix, for instance with a request for information or when filing a complaint in accordance with Article 6, TrueKinetix records personal data that you provide to us. This is limited to your name, contact details, and information provided by you in relation to your information need or complaint. This information is used to answer your information request or settle your complaint. We record this data, because you are making inquiries with us. We also use information relating to complaints in order to improve our services and customer experience.

c. Orders/purchases
When you place an order via the web shop on one of the Websites or the Apps for certain products or services offered by TrueKinetix, you must provide us with the following data, so that TrueKinetix can execute the order:
• contact details;
• email address;
• delivery address; and
• payment information.
The payment information is not stored by TrueKinetix; TrueKinetix shares this information with an external payment provider (while applying appropriate safeguards that protect your privacy – especially to the extent such external payment provider is located outside of the EEA) after which the payment information cannot be accessed by anyone else. The other order information as listed above is stored only in the TrueKinetix accounting files and kept there for administrative and fiscal reasons.

d. Newsletters
When you give your email address to us, for example in opening an account, or placing an order, or contact us for information, you may register for our newsletter, that we send from time to time. We may also send you our newsletter if you previously made any purchase with us. You can unsubscribe from the newsletter at any time by clicking the unsubscribe button at the bottom of the newsletter or by stating that in your account

e. Accounts (for training)
You may open an account on the Websites and via the Apps. The purpose of these accounts is to record information on your sport, yourself (as set out below) and your training data. These accounts are known as TrueAthletes, and you can look at these results via the Websites and Apps. To open an account, you must provide us with one or more of the following personal data:
• username (chosen by you);
• password (chosen by you); and
• email address.
Optionally, you may also provide us with the following personal data via your account: your first name and surname, photographs and other visual material, your place of residence, date of birth, website, gender, reviews, blogs, data on your health, the location of a competition, performance and other personal data, such as equipment, personal calendar, coach and friends. Again, this is all optional.

There are two ways of collecting data:
– Your mobile device collects data, such as date, distance, time, route (using a GPS signal); you can see the information in the App and on the Website; and
– Your transponder connects to the timing system connected to the track on which you perform your sport. The timing systems sends information, such as date, number of laps, lap times to the Website and the App, where you can see it. You are in full control on who to show this information. You can share it with whomever you want to; you also can hide all information, if you choose to do so. If you register via a third party, such as, but not limited to Facebook, we receive data about you from said third party to open and activate your account, such as name, date of birth, address, gender. TrueKinetix never actively shares any information with Facebook or any other social media. TrueKinetix keeps this information until you close the account; then we delete it. You can always request to delete accounts by emailing to privacy@truekinetix.com in accordance with Article 6.

These accounts offer the possibility of taking photographs and/or selfies. TrueKinetix stores these photographic images. By using our Apps or Websites to make any photographic image, you agree to the processing and handling of your photograph by TrueKinetix as set out in this privacy policy. TrueKinetix does not publish any photographs on its own initiative.

Article 3 – Retention Period

TrueKinetix does not keep your personal data longer than necessary for the purposes the relevant personal data was collected for as set out in this privacy policy. You, as a participant can always request deletion of your personal data in accordance with article 6.

Article 4 – Use of cookies

TrueKinetix uses cookies and similar techniques. Cookies are small text files that are generated and stored on your computer, tablet or smartphone when you use the Websites. In general, TrueKinetix does not use tracking nor profiling cookies. For more information on cookies, please see our separate cookie policy at
www.truekinetix.com/cookiepolicy.

Article 5 – Security

TrueKinetix applies a security level to the processing of the personal data that suffices, within the possibilities of current technology, to avoid unauthorized access, alteration, publication or loss of your personal data. The security of your personal data is dependent on your account data (username and password) being kept secret. You yourself must arrange for that by handling your account data with due care and never making them available to a third party.

Article 6 – Rights of access and erasure & complaints

All personal data, that is stored in an account (as described in article 2), you can inspect and update by logging into your account. You may at any time request for access to your data at TrueKinetix or rectification or erasure of your personal data or restriction of processing of your personal data, via the privacy@truekinetix.com email address. You also have the right to data portability of your personal data. TrueKinetix may be required by law to keep certain personal data, such as accounting records. TrueKinetix cannot remove or update those personal data at your request. Please bear in mind that, after we update or remove your data at your request, those data may be present in our backups of the all data as described in article 2 for some time until those backups are also deleted. TrueKinetix will never share any backup information. As described in article 2, TrueKinetix also processes personal data as data processor for Event Organizers. In those instances, such Event Organizer is the data controller. The Event Organizer shares certain personal data relating to you with us as set out in this Privacy Policy. TrueKinetix has no control over the processing of personal data by
the Event Organizer and it is the responsibility of the Event Organizer to process the personal data in accordance with applicable data protection laws and regulations (e.g. on the basis of an agreement entered into directly with you). As a consequence, TrueKinetix cannot change any Event Results and other data on the website of an Event in which you have taken part. To the extent TrueKinetix processes your personal data as data processor for an Event Organizer, you shall contact the Event Organizer in order to exercise your rights as set
out in this Article 6 (including requests to inspect, update or correct your personal data). As an additional service, you can also contact privacy@truekinetix.com; providing at least your name, email address, the event date and the event name. TrueKinetix will then forward your request to the relevant Event Organizer. If you have a complaint about the processing of your personal data, you can contact TrueKinetix via the privacy@truekinetix.com email address. You also have the right to lodge a complaint with a competent supervisory authority (for the Netherlands: Autoriteit Persoonsgegevens) if you consider that the processing of personal data relating to you infringes your rights under applicable law.

Article 7 – Third parties

We do not pass on your personal data to a third party without your consent, unless:
– the performance of the agreement between you and TrueKinetix so requires, for instance due to the payment
for or delivery of the products you have ordered;
– TrueKinetix is required by law or in an emergency to pass on your personal data to public authorities; or
– if a reorganization or a transfer of business activities takes place at TrueKinetix as a result of which TrueKinetix is required to hand over personal data to another organization.

Article 8 – Determine what you do and do not wish to share with others

Your account can be used in TrueKinetix’s various sports communities. You yourself can state in your account which data may or may not be visible to others (your coach, friends or other users) who also use the sports community in question. In the standard setting other parties have access to your username, photograph and competition data. Only your coach and the other users (friends) that you have accepted have access to your training data and health measurements (that you upload yourself); other third parties do not have access to
those data in the standard setting.

Article 9 – Third-party privacy policies

If you share your data via the Websites and Apps with third-party websites or apps (e.g. the public sharing of information via social media), those data are made available to those third parties. TrueKinetix’s privacy policy does not apply to websites or apps of third parties, also not if TrueKinetix has placed a hyperlink to that other website on its Websites or in its Apps. TrueKinetix accepts no responsibility or liability for the manner in which third parties handle personal data and cookies. We advise you to take note of the privacy policies and cookie policies of such websites before visiting them.

Article 10 – Contact with TrueKinetix

If you have any questions regarding this privacy policy, please contact TrueKinetix with these contact data:

Name: TrueKinetix B.V.
Address: Johan Huizingalaan 763 A, 1066 VH Amsterdam, the Netherlands
Email: privacy@truekinetix.com

Article 11 – Amendments

This privacy policy may be amended at any time. The most recent privacy policy can be found at www.truekinetix.com. We recommend that you take note of the privacy policy on the Websites or via the Apps before entering any new personal data.