Products and Services Privacy Policy

Last updated: August 9, 2022

This Products and Services Privacy Policy (“Privacy Policy”) describes how Fusion Sport Pty Ltd. and its affiliates and subsidiaries (collectively, “Fusion Sport,” “us,” “we,” or “our”) collect, use, and share personal information in connection with the Smartabase platform, including our mobile applications (collectively, the “App”) and other technology, products, services, and features that we offer to our customers (collectively, the “Platform”), and the choices you have with respect to your personal information.

For more information about the collection, use, and sharing of personal information in connection with our websites, please click here.

Please note, Fusion Sport provides the Platform to and on behalf of our customers. As a result, in many cases personal information collected via the Platform is being processed by Fusion Sport on behalf of our customers in connection with their use and provision of the Platform to end users, and they are ultimately responsible for your personal information. This Privacy Policy does not address or apply to their privacy practices. For more information about the privacy practices of a customer of Fusion Sport, please review their privacy policy or contact them directly for more information.

By using the Platform, you agree to the collection, use, and sharing of your personal information as described in this Privacy Policy.

Collection of Personal Information

Personal Information You Provide. The categories of personal information that you may provide to the Platform will depend on the type of user account you have. For example, these categories may include:

  • Contact information, such as first and last name, email address, mailing address, phone number, title, company name, and location.
  • Professional information, such as organization, job role, area of expertise, or business interests.
  • Account information, such as username and password, registration data, profile details, and other information you provide to your account on the Platform.
  • Health, performance, and fitness information, such as wellness data, injury and health management information, diagnoses and other medical information, and workout details.
  • Preferences, such as your marketing or communication preferences.
  • Communications, including information associated with your inquiries to us and any feedback you provide when you chat or otherwise communicate with us.
  • Customer support information, such as your requests for support, assistance, and/or troubleshooting.
  • Order information, such as transaction details and information about the products and other services you use on the Platform or have ordered from us or our customer.
  • Other information that you choose to provide but is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.


Personal Information Collected Automatically
. The Platform may automatically log information about you, your computer, or mobile device, and your activity over time on our Platform and other sites and online services, such as:

  • Online activity information, such as the website you visited before browsing to the Platform, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
  • Device information, such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city, state, or geographic area.
  • Precise geolocation, which may be collected if you use a GPS device or otherwise approve the collection of your location via the App.
  • Fitness and wellness metrics, such as heart rate and other statistics.

 

Like many online services, we use cookies and similar technologies to facilitate some of the automatic data collection described above, such as:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising. For more information, please visit our Cookie Policy.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • Software development kits, or SDKs, which are software components we may use in the App to collect information directly from users and implement third-party services in our App.


Personal Information Received from Third Parties
. We may receive or collect personal information about you from third parties, such as:

  • Customers. We may receive personal information about you from the customer that has asked us to provide the Platform to you.
  • Account integrations. When you use a third party integration to create an account on the Platform, the third party will provide us with certain personal information about you to facilitate the registration and maintenance of your account.
  • Third party platforms and devices. The Platform will collect personal information shared by third party services and devices (such as health monitoring, fitness tracking, and other IoT devices) that users or administrators connect to the Platform.


Referrals
. Users of the Platform may have the opportunity to invite colleagues or other contacts to the Platform and share their contact information with us. Please do not provide us with someone’s contact information unless you have their permission to do so.

Use of Personal Information

Fusion Sport may use personal information for the purposes described below and as otherwise described in this Privacy Policy or at the time of collection.

To Provide and Maintain the Platform. Your personal information may be used for various purposes in connection with our provision of the Platform, such as:

  • for performance tracking, reporting, and other fitness support;
  • to provide and operate the Platform and our business;
  • to create, manage, and maintain your account and registration on the Platform;
  • to facilitate integrations with third party platforms, services, devices, and websites;
  • to provide you and/or our customers with the products and services you or they request;
  • to monitor and improve your experience on the Platform;
  • to review and respond to your inquiries and support tickets; and
  • to attend to and manage your requests to us and communicate with you about the Platform and related matters.


Research and Development
. We may use personal information collected in connection with the Platform for research and development purposes, including to improve the Platform, understand and analyze the usage trends and preferences of our users, study the performance of our Platform and troubleshoot any issues, and develop new features, functionality, and services. As part of these activities, we create aggregated, de-identified, or other anonymous data from the personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Platform.

Marketing and Advertising. If you visit a Fusion Sport website or otherwise interact with Fusion Sport directly, we may collect and use your personal information, including the internet activity and device information described above, for interest-based advertising purposes. Please visit our website privacy policy, available here, for more information about this use of data and the choices you have with respect to our marketing and advertising practices.

To Comply with Laws and Regulations. We will use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of our Platform, products and services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber attacks and identity theft.

With Your Consent. In some cases we or our customers may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

Sharing of Personal Information

We may share your personal information with the entities and individuals listed below or as otherwise described in this Privacy Policy or at the point of collection.

Related Companies. We may share personal information collected via the Platform with our affiliates, subsidiaries, and other related companies. For example, we will share your personal information with our related companies to provide our products and services to you, where other companies within our group perform components of the full service offering.

Customers. We share personal information with our customers who purchase or subscribe to the Platform or any other products or services that we provide or offer to you.

Service Providers. We share personal information with third parties and individuals who perform functions on our behalf and help us run our business. For example, service providers help us perform website and application hosting, maintenance, database management, cloud storage, web analytics, billing, email software, SMS/text messaging software, payment processing, communications, and other purposes.

Law Enforcement. Under certain circumstances, Fusion Sport may be required to disclose your personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

For Compliance and Other Legal Requirements. Fusion Sport may disclose your personal information in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of Fusion Sport, prevent or investigate possible wrongdoing in connection with the Platform, protect the personal safety of users of the Platform or the public, protect against legal liability, and for the other compliance and protection purposes descried in the section above titled “Use of Personal Information.”

Professional Advisors. We may share your personal information with persons, companies, or professional firms providing Fusion Sport with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.

Business Transaction Participants. Fusion Sport may disclose your personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, acquisition, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).

Transfer of Personal Information

Fusion Sport and its related companies are located in countries around the world including Australia, the United States, the Netherlands, and the United Kingdom, and we have service providers in the United States, Australia, and other countries. Your personal information may be collected, used, and stored in these countries or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.

European users may view the section below titled “Notice to European Users” for additional information regarding any transfers of your personal information.

Retention of Personal Information

Fusion Sport will retain your personal information only for as long as is necessary for the purposes of collection, including to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws or the contract we have with a customer), resolve disputes, and enforce our legal agreements and policies.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Security

The security of your personal information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

Your choices

In this section, we describe the rights and choices available to all users.

Access, Correct, or Delete Your Personal Information. You may access or make changes to the personal information displayed in your profile by logging into your account and updating or correcting your profile information.  If you are a user providing personal information to us so that we can provide the Platform and other products and services to one of our customers, please contact the relevant customer with requests relating to your personal information. Please note, if you contact Fusion Sport directly with such requests, in many cases we will need to forward your request to the customer who has asked us to provide the Platform to you.

Opt-Out of Email, SMS or In-App Communications. You may be able to opt out of certain communications that you receive directly from Fusion Sport by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us as described below. You may continue to receive service-related and other non-marketing emails.

We may also offer communications via email, SMS texts, in-app push notifications or similar technology in connection with the Platform, such as reminders, performance alerts, and other service messages. You may be able to opt out of certain optional notifications of this nature by changing your device or application permissions. Where these notifications are not configurable by the end user, Fusion Sport’s customers are responsible for managing these features. End users who wish to opt-out of notifications or modify their related communication preferences should contact an administrator at the organization who is offering them the Platform.

Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit allaboutcookies.org. You may also visit our Cookie Policy.

Do Not Track. Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit allaboutdnt.com.

Declining to Provide Information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

Links to other websites and services

Our Platform may contain links to other websites and online services that are not operated by us. These links are not an endorsement of, or representation that we are affiliated with, any third party. If you click on a third party link, you will be directed to that third party’s site or service. In addition, our content may be included on web pages or online services that are not associated with us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to review the privacy policies of other websites and other online services that you visit or use.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and changing the “Last Updated” date at the top of this Privacy Policy. In some cases, such as where required by law, we may notify about any updates by sending you an email, posting a notice on the Platform about the update, or using other reasonable means. In all cases, your continued use of the Platform following posting of changes constitutes your acceptance of such changes. We encourage you to review this Privacy Policy periodically for any updates.

NOTICE TO EUROPEAN USERS

The information provided in this section applies only to individuals in the European Union, the European Economic Area, and the United Kingdom (collectively, “Europe”).

Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. If you are a user providing personal information to us so that we can provide the Platform and other products and services to one of our customers, please contact the relevant customer for information about the controller of your personal information for purposes of European data protection legislation, and to learn more about the customer’s legal bases for processing, methods for exercising any rights you may have with respect to your personal information, and other information related to their privacy practices.

Otherwise, the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation will differ based upon the entity that is providing you with the Platform, which may include the following:

  • Fusion Sport Pty Ltd. – Level 1, North Tower, 339 Coronation Drive, Milton, QLD, 4064, Australia
  • Fusion Sport Inc. – 2655 W Midway Blvd, Suite 235, Broomfield CO 80020, USA
  • Fusion Sport Europe Ltd. – 9 Greyfriars Road, Reading, Berkshire, RG1 1NU, United Kingdom
  • Fusion Sport BV – Parktoren, Nieuwe Stationsstraat 20, 6811 KS Arnhem, Netherlands


Legal Bases for Processing
. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@fusionsport.com.

Processing Purpose
(as described above in the “Use of Personal Information” section)
Legal Basis
To provide and maintain the PlatformProcessing is necessary to perform the contract governing our operation of the Platform, or to take steps that you request prior to engaging our services. Where we cannot process your personal data as required to operate the Platform on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the products or services you access and request.
Research and developmentProcessing is based on our legitimate interests in performing research and development as described in this Privacy Policy.
Marketing and advertisingPlease visit the Fusion Sport website’s privacy policy, available here, for more information about our legal bases for marketing and advertising.
To comply with laws and regulationsProcessing is necessary to comply with our legal obligations.
For compliance, fraud prevention, and safetyProcessing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy, safety, or property.
With your consentProcessing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Platform.

For questions about the legal bases our customers rely upon to process personal information we collect on their behalf via the Platform, please contact the relevant customer.

Use for New Purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Your Rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Port. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

 

You may submit these requests by contacting us at privacy@fusionsport.com or at the mailing address listed below. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Please note, in many cases we will be required to submit your request to the relevant customer for processing, who may be acting as the ultimate data controller.

Cross-Border Data Transfer. If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us using the information below for further information about any such transfers or the specific safeguards applied.

Contact us

If you have any questions about this Privacy Policy or would like to lodge a complaint, you can contact us by email at privacy@fusionsport.com or by writing to us at:

Fusion Sport Pty Ltd.
Attn: Data Protection Officer
Level 1, 339 Coronation Drive
Milton QLD 4064
Australia

Individuals in Europe or the United Kingdom may contact their local Fusion Sport office using the contact information below:

Fusion Sport Europe Ltd.
Attn: Data Protection Officer
9 Greyfriars Road
Reading
Berkshire, RG1 1NU, United Kingdom

Fusion Sport BV
Attn: Data Protection Officer
Parktoren
Nieuwe Stationsstraat 20
6811 KS Arnhem, Netherlands