Privacy

PRIVACY POLICY

Last updated Feb 27, 2024


This Privacy Policy explains how information about you is collected, used, disclosed and protected by HIGH SOFTWARE DEVELOPMENT S.R.L., a Romanian limited liability company, with the headquarter in 1 Eugeniu de Savoya Street, 2nd floor, Timisoara, Timis, postal code 300055, registered under the Trade Registry under no. J35/1917/2021, Sole Identification Number (CUI) RO44249764, personal operator data registered under number J35/1917/2021 (hereinafter “us”, “we”, or “our”) when you use and access our website and other online products and services provided to you, which include HIGH SOFTWARE DEVELOPMENT S.R.L. website - https://app.dev.sportvibez.io (hereinafter the “Site”), our web application software – SPORTVIBEZ (hereinafter the “Web Application Software”) and/or our downloadable application software for smartphones and for mobile and wireless devices – SPORTVIBEZ (hereinafter the “Downloadable Application Software”) with all related tools and services (hereinafter collectively the “HIGH SOFTWARE DEVELOPMENT Service”).


We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Privacy Policy. We encourage you to review the Privacy Policy whenever you access the Site, respectively use the HIGH SOFTWARE DEVELOPMENT Service to stay informed about our information practices and the ways you can help protect your privacy. If you have any questions for us, we recommend that you contact us via the e-mail address socialmedia@sportvibez.io


WHAT INFORMATION WE COLLECT ABOUT YOU

In general, we request your personal data directly from you, so you can influence the type of information you share with us during its collection. For example, depending on the context of your interactions with us and the HIGH SOFTWARE DEVELOPMENT Service, the choices you make, and the software applications and features you use, we may receive the following information from you:

  • Information voluntarily provided
  • Web Application Software Data


    • If you use the Web Application Software, we may collect the following information: Personal information: name (first name, last name); email address; birthdate; time zone, phone number; gender; password. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is currently stored by Stripe and in the near future will be also stored by Google Pay and Apple Pay. You may find their privacy notice link(s) here: https://pay.google.com/about/policy https://www.apple.com/legal/privacy/data/en/apple-pay and https://stripe.com/privacy.


    Google Account Login Data. We provide you with the option to register with us using your existing Google Account. If you choose to login in this way, we will receive certain profile information about you from Google. Google will share with us your name, email address, language preference and profile picture.


    DOWNLOADABLE APPLICATION SOFTWARE DATA

    If you use the Downloadable Application Software, we may collect the following information: Personal information: name (first name, last name); email address; birthdate; time zone, phone number; gender; password. Information specific to your physical as a natural person: photos of your physical, height, weight, waist, age, personal goals (for instance: increase muscle strength and endurance), workout routine, habits (for instance eating and workout habits), stress level in general and/or for workout (for instance low stress), quality of sleep, energy level and hunger . Information concerning your health: personal data related to your physical health, which reveal information about your health status. The Downloadable Application Software is a free-to-use application, no payment data is required. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. Google Account Login Data. We provide you with the option to register with us using your existing Google Account. If you choose to login in this way, we will receive certain profile information about you from Google. Google will share with us your name, email address, language preference and profile picture. Device Access. We may request access or permission to certain features from your smartphone, mobile and wireless device, including your smartphone, mobile and wireless device's storage, and other features. If you wish to change our access or permissions, you may do so in your smartphone, mobile and wireless device's settings. Push Notifications. We may request to send you push notifications regarding your account or certain features of the Downloadable Application Software. If you wish to opt out from receiving these types of communications, you may turn them off in your smartphone, mobile and wireless device's settings.


    INFORMATION AUTOMATICALLY COLLECTED

    ‍We automatically collect certain information when you visit our Site and/or use the HIGH SOFTWARE DEVELOPMENT Service. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your Internet Protocol (IP) address, browser, device characteristics and other technical information

    The information we collect includes:

  • Log in and Usage Data. Log in and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use the HIGH SOFTWARE DEVELOPMENT Service and which we record in log files. Depending on how you interact with us, this log in data may include your IP address, device information, browser type, and settings and information about your activity in the HIGH SOFTWARE DEVELOPMENT Service (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
  • Device Data. We automatically collect device data such as information about your computer, smartphone, tablet, or other mobile and wireless device you use to access the HIGH SOFTWARE DEVELOPMENT Service, respectively the Web Application Software and/or the Downloadable Application Software. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information. We also collect information about the phone network associated with your mobile and wireless device, your mobile and wireless device’s operating system or platform, the type of mobile and wireless device you use, your mobile and wireless device’s unique device ID and information about the features of our Web Application Software and/or of our Downloadable Application Software you accessed.
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the HIGH SOFTWARE DEVELOPMENT Service. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the HIGH SOFTWARE DEVELOPMENT Service.
  • On our Site, we may store and collect data that we process through cookies and similar technologies in accordance with the relevant Cookie Policy
  • We do not collect or in any way handle sensitive data that is classified as a special category according to the applicable law. However, if when using the Downloadable Application Software, at your sole discretion, you share information concerning your health and such health-related data is considered sensitive data, we collect and process the health related data according to the specific conditions under applicable law.
  • We do not collect or process the data of minors who have not reached the age of 16 by the date of data provision. By using the HIGH SOFTWARE DEVELOPMENT Service, you represent that you are at least 16 years old. If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the user account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 16, please contact us at socialmedia@sportvibez.io.

    • HOW WE USE THE INFORMATION AND WHAT IS THE LEGAL BASIS FOR PROCESSING

    We may use the information for the following purposes: To provide HIGH SOFTWARE DEVELOPMENT Service to you

    This general purpose includes the following uses, where applicable:

  • To facilitate account creation and authentication and otherwise manage your account. We may process your information so you can sign up and log in to your account, as well as keep your account in working order;
  • To deliver and facilitate delivery of service to you. We may process your information to provide you with the requested service.
  • To respond to your inquiries/to offer support to you. We may process your information to respond to your inquiries and solve any potential issues you might have. To fulfill and manage your requests. We may process your information to fulfill and manage your requests made through the service.
  • To deal with any other matters related to the use of HIGH SOFTWARE DEVELOPMENT Service. We may process your information to deal with any other matters related to the use of the service

    • TO EVALUATE AND IMPROVE HIGH SOFTWARE DEVELOPMENT SERVICE AND YOUR EXPERIENCE

    We work to always provide you with the best possible service. For this, among other things, we may process your information to evaluate and improve the services and your experience; that is why we may ask you to fill out a satisfaction survey. We carry out these activities based on our legitimate business interests, but we always keep in mind that your fundamental rights and freedoms are not impaired during such activities.


    TO IDENTIFY USAGE TRENDS

    In order to make the online user experience even more personal and our offers even more unique according to your preferences, we may also collect and process certain information about your browsing and user behavior during your visits to our Site and when using the HIGH SOFTWARE DEVELOPMENT Service.


    FOR MARKETING ACTIVITIES AND TO DETERMINE THE EFFECTIVENESS OF THE MARKETING ACTIVITIES

    We would like to keep you informed about our current offers and the latest news about HIGH SOFTWARE DEVELOPMENT Service. In order to do this, at certain intervals we may send you newsletters with general and thematic content via our electronic channels (e-mail/SMS/etc.). We would also like to display other commercial inquiries and personalized offers on our Site. In order to provide you with information of interest to you, we may use certain data related to your habits. In all cases, we ensure that this kind of data management and processing takes place with the fullest consideration of your rights and freedoms, and we guarantee that the processes and measures used during data management do not have any adverse legal consequences for you, do not limit your rights, or affect them in particular. In most cases, we carry out our marketing communication activities with your prior consent. You can change your mind and withdraw your consent at any time in the following way:

  • by opening the "I would like to unsubscribe" link located in the lower section of messages received from us;
  • by contacting us via the contact details set out herein.

    • We use certain marketing activities to promote and develop our commercial operations with reference to our legitimate business interests. However, in all cases where we use information related to you in view of our legitimate business interests, we do so with the utmost care expected of us in this regard and with the fullest guarantee that your fundamental rights and freedoms are not violated. At the same time, you can ask us at any time to stop processing your data for marketing purposes using any of the methods described above, and we will try to respond to your request as soon as possible. We may process your information to better understand how to provide marketing activities that are most relevant to you and to determine the effectiveness of the marketing activities.


    TO PROTECT OUR LEGITIMATE BUSINESS INTERESTS

    Situations may arise where the enforcement of our own rights and business interests and the protection of our commercial activities require the transmission of certain information. Such situations may include, but are not limited to, the following:

  • protection and other precautions against cyber-attacks threatening the security of the Site;
  • measures to prevent and detect possible fraud attempts, including the transmission of relevant information to the competent authorities and public bodies;
  • measures to manage any additional risks.

    • Our authorization for the types of data management and processing described above arises from our legitimate business interest in protecting our own commercial activity, while we constantly guarantee that the measures we implement or envisage take into account the principle of balance and proportionality between our own interests and your fundamental rights and freedoms. In addition, data management and processing are carried out in certain cases with due regard to the fulfillment of our legal obligations, especially because it is necessary to guarantee the basic principles and values ​​prescribed by the applicable laws.


    HOW LONG DO WE STORE YOUR INFORMATION?

    As a general rule, we store your information for as long as the account exists. Regardless, at any time you can ask us to delete certain of your data or to terminate the account, which request we will respond to without exception by ensuring compliance with the statutory retention and storage requirements for certain data, even after the termination of the account.


    HOW AND TO WHOM WE DISCLOSE YOUR INFORMATION


    In certain cases, we forward your information to parties belonging to the following sharing circles, or give them access to your information:

  • to our partners providing financial/banking services;
  • to companies belonging to the same group of companies as us.

    • In order to fulfill our obligations prescribed by law and to protect our legitimate economic interests, we disclose certain information to public authorities. We fully guarantee that a private organization identified as a third party can access your data only in full compliance with the legal provisions on data protection, information security and confidentiality, within the contractual scope stipulated in the agreement concluded with such an organization. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. When you share personal information (for example, by posting comments, contributions, or other content to the HIGH SOFTWARE DEVELOPMENT Service) or otherwise interact with public areas of the HIGH SOFTWARE DEVELOPMENT Service, such personal information may be viewed by other users within the Service. If you interact with other users of the HIGH SOFTWARE DEVELOPMENT Service, the other users will be able to view descriptions of your activity, communicate with you within the HIGH SOFTWARE DEVELOPMENT Service and view your profile.


    STORAGE OF YOUR INFORMATION AND TRANSFERS ABROAD

    As a general rule, we store and process your personal data in the territory of the European Union and the European Economic Area (EEA). In the event that your personal data is transferred outside the European Union or the EEA, the transfer takes place a) on the basis of  a decision of the European Commission , in which the European Commission determines that the third country concerned provides an adequate level of protection, b) on the basis of binding company rules or c) on the basis of general contract terms and conditions adopted by the European Commission. In addition, if we determine that one of the mentioned measures is not sufficient to ensure an adequate level of protection, we adopt additional technical and/or organizational security measures on a case-by-case basis in accordance with the recommendations of the European Commission. You can contact us at any time at our contact details provided above if you would like to know more about the countries to which we transfer your data and the guarantees for these data transfers.


    HOW DO WE PROTECT THE SECURITY OF YOUR INFORMATION?

    We undertake to fully guarantee the security of information by implementing technical and organizational security measures in accordance with industry standards. We keep your information on secure servers using the most modern encryption algorithms and storage expansion mechanisms. We currently use Stripe payment support services for payments. All payment information is encrypted. In the nearer future we may use also Google Pay and Apple Pay. You are responsible for maintaining the confidentiality of all means of authentication (ex. passwords) used by you to access our Site and HIGH SOFTWARE DEVELOPMENT Service. Data transmission over the Internet is not completely secure, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted on our Site and/or when using HIGH SOFTWARE DEVELOPMENT Service; Any transmission is at your own risk. After we receive your data, we will use strict procedures and security features to try to prevent unauthorized access.


    WHAT RIGHTS DO YOU HAVE?

    The law gives you a number of rights in relation to personal data. You can request access to your data, the correction of erroneous data in our records, and you can object to the processing of your personal data. You also have the right to file a complaint or objection with the competent supervisory authority or file a claim with the competent court. Depending on the situation, you have the right to demand the deletion of your personal data, the limitation of data management, or to request the blocking of your data and the provision of data portability. To assert your rights, you can contact us via the contact details provided herein. Please read the following points carefully if you wish to assert your rights:

  • Identification.  We take the confidentiality of all records containing personal data very seriously, so please send us your request for such records from the e-mail address associated with user account. If you use a different e-mail address, we reserve the right to verify your identity in the framework of an identification procedure consisting of an additional set of questions.
  • Awards.  We do not charge a fee for exercising your rights to your personal data, unless your request for data disclosure or access is unfounded, unnecessarily repetitive, disproportionate or excessive, in which case we will provide the data or access to the data for a fair fee. In any case, we will notify you in advance of any request for payment of fees, before processing the request.
  • Response deadline.  We will respond to all valid requests within a maximum of one month, unless the request is particularly complex or if you have sent several requests at the same time, in which case we will send you our response within a maximum of three months. If we need more than a month to process your request, we will definitely let you know. In this context, in order to respond to your request as accurately as possible, we may request more information from you regarding what data or documents you need and what concerns you have, if any. This way, we can help you faster and the time required to respond is also shortened.
  • Third party right.  We are not obliged to respond to your request if the fulfillment of the request expressed in the request is another data protection subject, or would result in a violation of a third party's right or freedom.
  • Right of access You can ask us to:

    • - confirm if your personal data is being processed by us;

    - provide a copy of the personal data subject to data management;

    - provide additional information regarding your personal data, in particular regarding what data we have, the purposes of data management, with whom we share this data, and whether we transfer this data abroad, as well as how we protect this data and for how long we store this data, what rights you have in relation to this data, in what manner and form you can make a complaint, and finally, where we obtained your data, if the relevant information was not made available to you before the notification according to this point .

  • Right to rectification You can ask us to correct or complete inaccurate or incomplete personal data about you. Before correcting the wrongly entered data, we can examine the reality and accuracy of the data concerned.
  • Right to erasure and oblivion You may request the deletion of your personal data, but only in the event that

    • - the data concerned is no longer necessary to fulfill the data management purposes defined when it was collected; or,

    - if you have withdrawn your consent (if data processing is based solely on consent); or

    - if you exercise your right to object; or

    - if the personal data concerned has been unlawfully processed; or

    - if the deletion of the data involved is required by law.


    We are not obliged to comply with your request to delete your personal data if the processing of your personal data is necessary and justified for the following reasons

  • due to compliance with an obligation under EU or member state law; or
  • in order to submit, enforce or defend legal claims.

    • In addition to the above, there may be other circumstances where we are not obliged to comply with your request to delete your personal data, but primarily in the listed cases we may refuse your request. We would like to draw your attention to the fact that before exercising the right of cancellation in accordance with this point, it is recommended to download and then save all documents from the user account. If you fail to take the above measure before exercising your right to deletion, these documents will be lost and we will not be able to replace them for you, after the data deletion procedure and the termination of the user account, which includes the deletion of all its data and documents, the process is irreversible and final.


  • Right to restrict data processing (blocking right). You can request that we limit the processing of your personal data (i.e. block your data), but only if one of the following is true:

    - if you dispute the accuracy of your personal data, for the period necessary to verify this; or,

    - if the data management is illegal and you object to the deletion of the data; or,

    - if the data concerned is no longer necessary for the fulfillment of the data management goals formulated at the time of its collection, but its deletion is precluded by the submission, enforcement or defense of certain legal claims; or

    - if you exercised your right to protest and the investigation of the legality of our procedure has not yet been completed.

  • In the event of exercising the blocking right, we are still entitled to use your personal data if:

    • - we have received the relevant consent from you; or,

    - if the use (existence) of the relevant data is necessary for the enforcement of a certain right or legitimate interest before a court; or

    - if the use (existence) of the relevant data is necessary to protect the rights of another natural or legal person.

  • Ensuring data portability (right to data portability). You can ask us to make your personal data available in a segmented, widely used, machine-readable format, and you are also entitled to transfer this data to another data controller, if:

    - the data processing takes place only with your consent and is based on the contractual authorization set out in the agreement you entered into ; and

    - data management is performed in an automated manner.

  • Right to protest. You can object to the processing of your personal data at any time for a reason related to your own situation, if you consider that your fundamental rights and freedoms require it against our business interests. You can object to the processing of your personal data for direct marketing purposes (including user profiling) at any time, without reason, if it is related to direct business acquisition, in which case we will terminate data processing as quickly as possible.
  • Execution of automated processes. As a data subject, you can ask us to exempt you from the scope of decisions made exclusively through automated processes, but only in the event that

    - the decision made in such a process would have legal effects for you; or

    if you would be similarly affected.

  • The right according to this point cannot be asserted if the decision made as a result of automated decision-making:

    • - is necessary for the conclusion or performance of the contract to be concluded with you; or,

    - if it is made possible by EU or member state law, which also establishes appropriate measures for the protection of your rights and freedoms, as well as your legitimate interests; or

    - if it is based on your express consent.

  • Right to complain. You have the right to file a complaint with the competent supervisory authority regarding the handling of your personal data. According to the current legislation, the main supervisory authority is

    • THE NATIONAL SUPERVISORY AUTHORITY FOR THE MANAGEMENT OF PERSONAL DATA

    Adress: Blvd G-ral Gheorghe Magheru no. 28-30, 1st district, Postal code: 010336, Bucharest, Romania Phone number: +40.318.059.211 or +40.318.059.212; E-mail: anspdcp@dataprotection.ro


    Without prejudice to your legal right to complain to a supervisory authority, please contact us first and we guarantee that we will do our best to resolve your complaint amicably.


    You can contact us by e-mail at the following address: socialmedia@sportvibez.io or you can send a letter by post or courier to the following address: 1 Eugeniu de Savoya Street, 2nd floor, Timisoara, Timis, postal code 300055, Romania. We would like to remind you again that you can contact us at any time by sending a request to any of the notification addresses provided herein.