Privacy Policy

1. INTRODUCTION AND GENERAL TERMS.

Introduction:

These terms apply to the use of apps and other products and services developed and/or published by Odders Lab, S.L. (“Odders” / “we” / “us”) and as further detailed below.

• Odders Lab, S.L., is a company validly incorporated and existing under the laws of Spain, with registered offices at Avenida Santa Clara de Cuba, 4, Nave 18 (Seville), registered with the Commercial Registry of Seville as of 05/03/2019, under volume 6,686, Book 0, page 29, section 8 and sheet SE-121020; and holder of Spanish tax identification number (N.I.F.) B-90.422.262.

Who does this privacy policy apply to?

This privacy and data policy (“Privacy Policy”) applies and has effect in respect to every user of our related software Make It Stable (the “Game”), as well as any other online features relating to the it (hereinafter, both the Game and its online features, the “Online Services”)

Who is responsible for personal data processed in accordance with this privacy policy?

This Privacy Policy explains the basis on which personal data we collect from you, for which purposes, how we use your personal information and what measures we take to protect it.

Please read this Privacy Policy carefully as it contains important information about the following:

• What information we may collect about you;
• How we will use information we collect about you;
• Whether we will disclose your details to anyone else; and
• Your choices and rights regarding the personal data we hold about you.

Where we decide the purpose and means for which personal data you supply through these online services, we are the “controller” for the purposes of the General Data Protection Regulation 2016/679 and the Spanish Data Protection Protection and guarantee of digital rights Act 3/2018, 5th Decemeber.

This Privacy Policy should be read in conjunction with our terms of use as may be applicable in respect of the Game. Where terms of use are applicable, they will be made available via the relevant online service. If you have any questions or concerns about this privacy policy,  or if you want to exercise your right to object to the   processing of your personal data, you can contact us at info@odderslab.com.

Services operated by third parties.

The Online Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal data that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.

Updates to this privacy policy.

Odders can revise this privacy policy at any time, for example, in the context of changes to our Game or its related services, regulatory updates or feedback from our users. The adapted conditions apply from the moment they are published on this page, so we advise you to regularly visit this page for the latest information on our privacy practices. If any significant changes are made to this privacy policy, we will notify you personally when possible, and if the processing of personal data is based on your consent, request your permission.

2. INFORMATION WE MAY COLLECT ABOUT YOU

We may collect and process the following personal data from you when you use our Online Services (together, the “Online Services Information”):

• Information provided by you when using a Game (“Submitted Information”): (i) profile name;
• Information that may be provided by you when you contact us for support (“Contact Information”): (i) your name; and (ii) your email address.
• Information about your activities (“Analytics”): We may collect technical information about your use of our Online Services through the use of tracking technologies and analytics. Personal data we may collect in this way includes the following:
• Your IP
• Device country & language
• Device type
• Platform ID
• Platform User Name
• Platform User Image
• Session start, duration and end timings
• Profile progression data: points, level, height reached, time spent, number of attempts.
• Profile Events-related to game usage as your achievement of a milestone and the occurrence of other particular events during your Game usage (such as completing a tutorial,  menu/navigation usage)

3. WHY WE COLLECT INFORMATION ABOUT YOU.

We collect personal data indicated within Section 2 in order to offer and improve our products and to provide better services to our users. More in particular, we collect and process personal data for the following purposes:

• Online Services. We will process information about you (including the Submitted Information and certain Analytics information) to deliver our Online Services to you under the terms of use agreed between us. The processing of information in this way is necessary, for example, for us to record your progress and current status within the Game, and to ensure the delivering of proper features and functions and function   For these purposes, we rely upon the legal basis of performance of a contract (being performance of the terms of use agreed between us) and our legitimate interests (being our commercial interests in providing enhanced services and functionality to you), except for our processing of weight data   you may choose to submit to us (as further detailed below).
  Where we process your personal data, we also rely   upon our legitimate interests as a legal basis for undertaking that   processing, being our commercial interests in providing an enhanced experience in our Online Services. We do not actively collect special category data, such as health data, about you and we do not create information about your presumed health status.
• To respond to your enquiries and requests for support. We may process certain of your Online Services Information (including your Contact Information and certain other Online Services Information) so that we are able to properly respond to your enquiries and support requests through the Game, in accordance with the terms of use agreed between us.
• To better engage current users. We may process certain information (including Submitted Information and certain Analytics) to encourage engagement from our Game users and to notify them of new workout recommendations, services, virtual items or other promotions on offer (where we may make these available).
• To prevent fraudulent or illegal activity. We may process your Online Services Information for our legitimate interests of ensuring that your use of our Online Services is lawful and in compliance with our agreement (being the terms of use agreed between us), to prevent disruption to our Online Service, to enforce our rights, to protect any individual or otherwise to ensure our compliance with our legal obligations.
• To help us to improve the Online Services and help us fix any problems. We may process information about you (being certain of the Submitted Information and Analytics) so that we can analyse and improve our Online Services and also for us to develop new Online Services or new parts thereof. This processing is necessary for us to pursue our legitimate interests, being our commercial interests of: (i) ensuring that our Online Services function properly so that you and other users have the best experience when, for example, playing the Game; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Online Services.
• To help us to understand your usage of the Online Services. We may process information (being the Online Services Information or any part thereof) to understand how users use our Online Services, and to compile statistical reports regarding that activity, as well as understanding how users progress within a particular Online Service such as a Game. This process is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Games, understanding and fixing problems and to improve our future products and services.

4. ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?

Necessary for the conclusion and performance of a contract with you: some of the personal data that we collect (e.g. platform account, username, unique identifier) are necessary to be able to make use of the Online Services. We process the personal data that fall within this category in order to perform the agreement we have with you.

Based on our legitimate interests of those of third parties: sometimes, we process your personal data based on our legitimate interests, for example, our legitimate interests in ensuring the integrity, safety and functionality of our Online Services. The legitimate interests that we pursue include also those of third parties, such as platform providers, in order for these platform providers to receive information on the behaviour of users on their platforms. If we process your personal data based on our legitimate interests of those of a third party, we have made sure that your fundamental rights and freedoms are not compromised by pursuing these legitimate interests, in particular, when you are a minor.

Based on a legal obligation: we also process personal data if the law requires us to do so, for example, to detect fraud or illegal activity.

Based on your consent: we ask your consent before placing cookies that are not strictly necessary for the functioning of the Online Services (e.g. for analytics). We also ask your consent in order to send you promotional updates about the functions that interact with your device. Whenever the processing of your personal data is based on your consent, you may opt out at any time.

5. DATA RETENTION.

We will retain your personal data for as long as is needed to pursue the purposes as set out in this privacy policy. For example, for as long as it has an ongoing relationship with you or for as long as needed to ensure compliance with its legal or contractual obligations.

6. DATA SHARING.

We will share your information with third parties only in the ways that are described in this Privacy Policy –recipients of my personal data-.

We will never sell your personal data  or share your personal data with third parties if we have no legal grounds to do so. In particular, we share your personal data with the following categories of recipients:

• Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.
• Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
• Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
• Enforcement: We may also disclose your personal data to third parties (e.g. gaming platform operators, game console manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of Odders, our customers or others.
• Digital Content Stores: Where our Game is downloaded through a third party store service such as (without limitation) Steam or Oculus, we may disclose your personal data to the   relevant store/platform for the purposes of facilitating any in-Game payments made through these platforms.

7. AUTOMATED DECISION MAKING

We may use automated decision-making methods which do not involve human involvement to process your information, and shall do so only in the ways that are described in this Privacy Policy.

8. CONSUMER CONTROL AND OPT-OUT OPTIONS

We will obtain your consent to collect your information to be used for marketing purposes that require consent. If you prefer that we do not use your data in this way, let us know by writing to info@odderslab.com or on the relevant forms or check-boxes that we may use to collect your data.

9. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA.

How can you manage your data: you have the following rights over the way we process personal data relating to you, as set out below. We aim to comply with requests without undue delay and within one month at the latest.

• Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure: you have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected. You can download a copy of your Game account information by following the instructions in your account settings (where this functionality is made available). Where this functionality is not available you can request a copy by emailing info@odderslab.com.
• Object to us processing personal data about you: you can ask us to restrict, stop processing or delete your personal data if: (i) you consented to our processing the personal data and have withdrawn that consent; (ii) we no longer need to process that personal data for the reason it was collected; (iii) we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Odders or a third party, you don’t agree with that processing and there is no overriding legitimate interest for us to continue processing it; (iv) the personal data was unlawfully processed; (v) you need the personal data to be deleted in order to comply with legal obligations; and/or the personal data is processed in relation to the offer of a service to a child. You may be able to delete your accounts by following the instructions in your account settings, where applicable depending on the relevant Online Service. You can also request account deletion by sending an email to info@odderslab.com.
• Obtain a machine-readable copy of your personal data, which you can use with another service provider: If (i) we are processing data in order to perform our obligations to you or because you consented and (ii) that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems. If you request, we will supply you with the relevant personal data in CSV format.  Where it is technically feasible, you can ask us to send this information directly to another IT        system provider if you prefer.
• Make a complaint to a Supervisory Authority: if you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services. If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.

10. CHILDREN

We do not use our Online Services to knowingly solicit information from, or market to, children under the age of 16. In the event that we learn that we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16 years of age, please contact us at info@odderslab.com.

11. SECURITY

We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Online Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms. In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored or otherwise processed by us.

Please be aware that, while we make the security of our Online Services and your personal information a high priority, no security system can prevent all security breaches. Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Online Services; the sharing of your personal information with us and any transmission is at your own risk.

12. INTERNATIONAL DATA TRANSFERS.

The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff that operate outside the EEA and work for us or our suppliers. These staff may be engaged in the fulfilment of your orders, the processing of your payment details, the maintenance of the Online Service, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where your personal data is transferred outside of the EEA to a territory not subject to an adequacy decision by the European Commission, we have agreements in place with the relevant parties which include either (i) standard data protection clauses adopted by the relevant data protection regulator and approved by the European Commission or (ii) standard data protection clauses adopted by the European Commission, to ensure that appropriate safeguards are used to protect your personal data. Alternatively, we may put in place other appropriate safeguards. If you require more information about these safeguards, you can contact us at info@odderslab.com.

13. CONTACT INFORMATION.

All questions, comments or enquiries should be directed to Odders at info@odderslab.com.  We will endeavor to respond to any query or questions within a reasonable amount of time.