Last revised: 14 June 2024
This Privacy Policy constitutes a part of FightOut’s Terms and Conditions (the “Terms”). Theterms used in this Privacy Policy shall have the same meanings as in the Terms except asotherwise provided herein.
This Privacy Policy explains how FightOut and FightOut Operators collect, use, process,disclose, share, transfer, and protect personal information obtained through FightOut and itspartners. The terms “we,” “us,” and “our” refer to FightOut and FightOut Operators. When weask for certain personal information from users, it is because we are required by applicablelaws or government orders to collect such information or it is relevant for our specifiedpurposes. Please refer to the separate Cookies Policy for the exact use of cookies.
Please carefully read the full content of this Privacy Policy. When visiting the FightOutwebsite, regardless of whether or not you register for or log in, you acknowledge,understand, and consent to all articles described in this Privacy Policy. We will not use yourpersonal information for any purpose not covered in this Privacy Policy, the Cookies Policyor the Terms without prior notification to you and your consent.
This Privacy Policy has incorporated elements from the General Data Protection Regulation(GDPR) as we act in accordance with its personal information processing rules within theEuropean Economic Area (EEA). We utilize standard contract clauses, rely on the EuropeanCommission's adequacy decisions about certain countries, as applicable, and obtain yourconsent for these data transfers to third countries if required by applicable laws.
1. TYPES OF DATA WE COLLECT
The types of Personal Data that we collect directly from you or third parties depend on the circumstances of collection and the nature of the service requested or transaction undertaken. It may include (but is not limited to):
a - personal information that links back to an individual, e.g. name, date of birth, and other personal identification numbers;
b - contact information, e.g. address, phone number, email address, Ethereum wallet address;
c - technical information, e.g. IP address for API services and logins;
d - statistical data, e.g. hits to the website.
If you grant us permission to do so, we will collect:
e - movement data (Apple Healthkit / Google Fit / Google Health Connect steps data), to verify your physical movement and reward users on the basis of this verified data;
f - heart rate data (measured by your wearable device and accessed via Apple Healthkit / Google Fit / Google Health Connect), to verify your physical activity and reward users on the basis of this data.
2. HOW DO WE COLLECT PERSONAL DATA?
This Privacy Policy covers any Personal Data provided to us:
a - when you engage with our products and services;
b - when you create an account with us;
c - when you contact us in person;
Some of the other ways we may collect Personal Data shall include (but is not limited to):
a - communications with you via telephone, letter, fax, and email;
b - when you visit our website;
c - when you contact us in person;
d - when we contact you in person;
e - when we collect information about you from third parties (such as the social graphsavailable from social media companies); and other channels including our support helpdesk.
f - possible extrapolation of other information by processing the data.
3. WHAT OTHER DATA DO WE COLLECT?
From our website and services, we collect your Personal Data in the following ways:
a - IP address We use your IP address to help diagnose problems with our server and toadminister our website. IP addresses are not linked to personally identifiable information.
b - Cookies
A cookie is an element of data that a website can send to your browser, which may thenstore it on your system. We use cookies in some of our pages to store your preferences andrecord session information. The information that we collect is then used to ensure a morepersonalized service level for our users.
Please refer to our Cookie Policy for the exact information on how we use cookies.Information collected from cookies is used by us to evaluate the effectiveness of our site,analyze trends, and manage the platform. The information collected from cookies allows usto determine such things as which parts of our site are most visited and difficulties ourvisitors may experience in accessing our site.
With this knowledge, we can improve the quality of your experience on the platform byrecognizing and delivering more of the most desired features and information, as well as byresolving access difficulties. We may also use cookies and/or a technology known as webbugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, andresponse to our emails and to provide you with a more personalized experience when usingour site, or allow third-party service providers to do this. Your continued use of this site, aswell as any subsequent usage, will be interpreted as your consent to cookies being storedon your device.
Log in information can potentially be saved in cookies. Therefore it is important that youprevent unauthorized access to your password and your computer. If you use a sharedcomputer, you should always log out properly and clear the browser for cookies.
c - User feedback form
Our feedback form requires you to give us contact information (e.g. your name and emailaddress) so that we can respond to your comments. We use your contact information fromthe registration form to send you information about our company. Your contact information isalso used to contact you where necessary.
d - Site tracking
We also use third-party service provider(s), to assist us in better understanding the use ofour site. Our service provider(s) will place cookies on the hard drive of your computer andwill receive information that we select, for example, how visitors navigate around our site,what pages are browsed and general transaction information. Our service provider(s)analyzes this information and provides us with aggregate reports. The information andanalysis provided by our service provider(s) will be used to assist us in better understandingour visitors’ interests in our site and how to better serve those interests. The informationcollected by our service provider(s) may be linked to and combined with information that wecollect about you while you are using the platform. Our service provider(s) is/arecontractually restricted from using information they receive from our Site other than to assistus.
4. WHAT DO WE USE YOUR PERSONAL DATA FOR?
We may use your Personal Data for the following “Core Purposes”:
a - to enable us to provide our services and perform our services to you;
b - to protect the safety and well-being of yourself and/or other customers;
c - to investigate and respond to claims and enquiries from you;
d - for business development purposes such as statistical and marketing analysis, systems testing, maintenance and development, and customer surveys or to help us in any future dealings with you, for example by identifying your requirements and preferences;
e - to comply with any legal or regulatory requirements;
f - for all other purposes ancillary to any of the purposes stated above. Ancillary to these “Core Purposes", we reserve the right to use your data in the following ways:
g - to communicate offers, products, services, and information on products and activities;
h - marketing/cross-marketing and communicating with you in relation to products and services offered by us and our service partners as well as our appointed agents; and/or for all other company-related purposes ancillary to any of the purposes stated above.
We use the following categories of personal data in the manner specified below, and rely on the following legal basis for processing:
i - movement data (Apple Healthkit / Google Fit / Google Health Connect steps data): We use this data to verify your physical movement and issue rewards (leaderboard rankings) on the basis of this verified data. Our legal basis for processing this data is based on your consent for us to perform the services required.
j -heart rate data (measured by your wearable device and accessed via Apple Healthkit / Google Fit / Google Health Connect), to verify your physical activity and issue REPS (native in-app currency) on the basis of this data. Our legal basis for processing this data is based on your consent for us to perform the services required.
5. ACCESSING / CORRECTING / UPDATING YOUR PERSONAL DATA
Depending on your country of residence and its legislation, you may have the right torequest from us a copy of your personal data, as well as to delete your personal data, makeamendments to it or restrict its processing. We will endeavour to provide the informationback to you as soon as practicable. However, we also reserve the right to validate allrequests for the authenticity of the request.
You may be requested to provide us with your personal data, such as KYC documents inspecific situations to comply with legal and regulatory requirements or in case of a disputebetween you and FighOut.com. In such cases FightOut.com expects you to provide us withsuch requested information for the further processing and actions.
We hope to ensure that you are fully aware of the data protection rights that you enjoy.Unless otherwise required by law or government orders, each User has the following rights:
5.1 Right of Access
You have the right to access or obtain copies of your personal information. We may charge areasonable fee for providing the access service.
5.2 Right to Rectification
You have the right to correct your personal information that you deem inaccurate. You alsohave the right to ask us to complete the personal information that you deem incompletewithin a reasonable limit.
5.3 Right to Erasure (Right to be Forgotten)
You have the right to request the erasure of your personal data under certain circumstances.
5.4 Right to Restriction of Processing
Under certain circumstances as required by law or as specifically reminded by us, you havethe right to request us to restrict the processing of your personal information; however, youunderstand that such restriction of the processing may prevent us from providing you withsome of FightOut services.
5.5 Right to Object
Under certain circumstances as required by law or as specifically reminded by us, you havethe right to object to the processing of your personal information; however, you understandthat such objection of the processing may prevent us from providing you with some ofFightOut’s services.
5.6 Right to Data Portability
Under certain circumstances as required by law or as specifically reminded by us, you havethe right to request us to transmit the personal information that we collect to another body, ordirectly to you. We may charge a reasonable fee for providing the transmission service.
6. WITHDRAWING CONSENT
Please note that it is obligatory for the Company to process your Personal Data for the CorePurpose as stated above, without which some services or features provided by FightOutmay be affected. If we do not have your consent to process your Personal Data for AncillaryPurposes, we will not be able to keep you updated about our future, new and/or enhancedservices and products.
Nevertheless, you may stop receiving promotional activities by:
a - unsubscribing from the mailing list(s);
b - editing the relevant account settings to unsubscribe; or c - sending a request via our Contact Us form on www.fightout.com
7. TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?
We will not trade or sell your Personal Data to third parties. Your Personal Data shall only bedisclosed or transferred to the following third parties appointed or authorised by theCompany for the fulfilment of the Purpose of: (a) data warehouses; (b) IT service providers;(c) data analytics and/or marketing agency; (d) legal bodies as permitted or required by lawsuch as in compliance with a warrant or subpoena issued by a court of competentjurisdiction; and/or (e) regulatory authorities applicable to you; and/or (f) safety and securitypersonnel. In addition to the above, your Personal Data may also be disclosed or transferredto any of the Company’s actual and potential assignee, transferee or acquirer (including ouraffiliates and subsidiaries) or our business, assets or group companies, or in connection withany corporate restructuring or exercise including our restructuring to transfer the business,assets and/or liabilities. We shall take practical steps to ensure that their employees, officers,agents, consultants, contractors and other third parties mentioned above who are involved inthe collection, use and disclosure of your Personal Data will observe and adhere to theterms of this Privacy Statement.
8. HOW LONG WILL WE RETAIN YOUR PERSONAL DATA?
The Company may store data in global hosting providers with servers across various regionsand we shall take all reasonable steps to ensure that all Personal Data is destroyed orpermanently deleted when no longer required for the Purpose of the company, and preparea disposal schedule for inactive data after a 24 month period.
FightOut implements various security measures to ensure that your personal data is storedsafely and is not compromised in any way. At the same time, FightOut cannot in good faithguarantee that data breach is not possible since no security measure is able to provideabsolute protection. It is advised for Users to take their own safety measures such as2-Factor Authentication or other measures not provided by FightOut. If you suspect that youraccount information or your personal data has been compromised, you should contactFightOut Support as soon as possible.
9. LINKS TO THIRD PARTY WEBSITES
We may link this website and/or our applications to other companies’ or organizations’websites (collectively, “Third Party Sites”). This Privacy Notice does not apply to such ThirdParty Sites as those sites are outside our control. If you access Third Party Sites using thelinks provided, the operators of these sites may collect your personal information. Pleaseensure that you are satisfied with the privacy statements of these Third Party Sites beforeyou submit any personal information. We try, as far as we can, to ensure that all third partylinked sites have equivalent measures for the protection of your personal information, but wecannot be held responsible legally or otherwise for the activities, privacy policies or levels ofprivacy compliance of these Third-Party Sites.
10. ADDITIONAL INFORMATION OR ASSISTANCE
Please note that this Privacy Policy may be amended from time to time in accordance withapplicable laws and regulations and such variations may be applicable to you.
For further inquiries or complaints in relation to our handling of your Personal Data or ourPrivacy Policy or if you wish to access, update or amend your Personal Data as mentionedabove please contact us at support@fightout.com
