Fulgaz
Privacy Policy

When we use the term “personal data” we mean any data that identifies you or makes you identifiable as a natural person, such as your name, email address and country.  Additional personal data such as your age group, weight, gender, and the type of trainer you use, is processed when you provide it to create a FulGaz account.

When we use the term “Services” we mean any of the services or websites that we own or operate that post or link to this specific Privacy Policy, including:

• Our website (https://fulgaz.com/);
• The App;
• Our marketing activities; and
• Our social networking pages, profiles, and feeds.

How to delete your FulGaz account.

Bizar Mobile Pty Ltd (“FulGaz”, “we” or “our”) c/o VirtualTraining s.r.o. Rohanské nábřěží 693/10, Karlín, 186 00 Praha 8, Czech Republic

(“ROUVY”), is the data controller.  We control the processing of your personal data.

If you wish to contact us, you can find our contact details at the end of this Privacy Policy.

In the context of rendering our Services, we may collect personal data about you. Please see Annex 1 for a detailed description on the data we collect. On a more general level, the personal data we collect can include the following:

• If you set up an account on our website or App.
  Username, name, e-mail, Country, weight, age group, gender and other information you provide. Some of this information is available to the public, as outlined below ‘with whom do we share your personal information’.
• If you complete and upload a ride within the App.
  Ride data including the ride you completed and the time taken to complete ride.*
• If you contact us via e-mail, phone or mail.
  Name, e-mail address, phone number, address and other information you provide.  
• If you subscribe to our newsletter.
  Name, e-mail address and marketing campaign information such as your reaction to our marketing and your interest in our Services.  
• If you merely use our website.
  IP address, network file system, access times, domain name, browser data, browser type and language, device type, device ID, Uniform Resource Locators (URL), operating system, language preferences and information on your usage of our websites and online activities.  
• Information we collect from social networks.
  When you interact with our Services through various social media, such as when you login through Facebook or when you follow FulGaz or share our content on Facebook, Twitter, Instagram or other websites/social networks, we may receive information from those social networks including your profile information, picture, user ID associated with your social media account, friends list, and any other information you permit the social network to share with third parties. The personal data we receive is dependent upon your privacy settings on the respective social media platforms.*If you utilise devices (and connect these devices to FulGaz) which record your heart rate, core body temperature or muscle oxygen, these metrics will be visible to you during your ride.

Personal data is collected in many ways and may include:

• Personal data you provide to us.
  Most of the personal data we receive comes to us voluntarily from our users in the course of using our Services, such as when setting up or using their accounts on our websites, subscribing to our e-mail newsletter or communicating with us. This data may also be collected via connected devices which transmit data to FulGaz during your ride.

You are free to choose which information you want to provide to us or whether you want to provide us with personal data at all. However, some information, such as information requested for setting up an account on our websites, may be necessary for the performance of our contractual obligations in the context of your account registration. Without providing this personal data, you will not be able to set up or use an account.

• Personal data collected via technology.
  As you use our websites and apps, we may collect information through the use of cookies and similar technologies. Please see Section 9 for more information.  
• Personal data we receive from others.
  We may receive personal data about users from third parties such as social media sites, data enhancement services and law enforcement agencies.

The reasons for using your personal data may differ depending on the purpose of the processing. Please see Annex 1 for a detailed description of the purposes for which we use your data. On a more general level, we regularly use your personal data for the following purposes and on the following legal grounds:

• We use your personal data for the performance of our contractual services or for the preparation of a contract with you.
  If you set up an account, we use your personal data to provide you with the account and its features.  
• We use your personal data if justified by our legitimate interests.
  The usage of your personal data may be necessary for our own business interests and for providing you with our Services. For example, we use some of your personal data to enable you to visit and use our websites (see also Section 9 on cookies and similar technologies). We may use some of your personal data to evaluate and review our business performance, improve and individualise your experience and enjoyment of our Services and identify potential cyber security threats. If necessary, we may also use your personal data to pursue or defend ourselves against legal claims.  
• We use your personal data after obtaining your consent.
  In some cases, we may ask you to grant us separate consent to use your personal data. Where we ask you for your consent, you are free to deny your consent and the denial will have no negative consequences for you. You are also free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your personal data, we will use it only for the purposes specified in the consent form.

This also includes our e-mail marketing activities. If you provide your opt-in consent to receive marketing information from FulGaz, FulGaz will also process your email address for the purpose of sending your marketing information about FulGaz events and news.  You also have the option to opt out of marketing and news emails by clicking on the unsubscribe link at the bottom of every marketing email we send out.

Depending on regional legal requirements, such as in the European Union, we also ask for your consent when setting certain Cookies (see Section 9 for further information).

• We use your personal data to comply with legal obligations.
  We are legally obligated to retain certain personal data for tax reasons and commercial law requirements and we might be required to provide data to law enforcement on request.

We will only use your personal data for the purposes for which we have collected them. We do not use your personal data for automated individual decision-making.

As required in accordance with how we use it, we will share your personal data with third parties. Please see Annex 1 for a detailed description of the third parties and the personal data we might share with them. On a more general level, we share your personal data with the following categories of third parties:

• Publicly available information.
  If you create an account on our website or App and start a ride, some information you provide is displayed publicly. This includes your username, gender, country, ride date and ride time.
  • During a group ride: the following information is visible to all users in the ride: gender, live watts per kilo (as calculated from your weight and your ride performance) and distance each user is from you on the virtual ride.
• Our affiliates and subsidiaries.
  We work closely together with our affiliates and subsidiaries around the world in regard to marketing activities. Please see the full list of our affiliates and subsidiaries in Annex 2.   
• Third Party app, platform or service providers with whom you ask FulGaz to share your data.
  If you choose to authorize FulGaz to permit third party, such as Strava, TrainingPeaks, Today’s Plan, TriDot and Final Surge, to access your activity data in your FulGaz Account, then we will share this data with the third party.  We will not do this without your explicit consent.  Once you direct us in the App to share data with a third party, the third party’s handling of your personal data is the responsibility of that third party and you should carefully review the third party’s privacy policy.  You can choose to stop sharing data with the third-party app, platform or service provider at any time by going to the settings screen of the App.
• Service providers and advisors.
  Third-party vendors and other service providers that perform services for us and on our behalf, which may include marketing campaign services, providing mailing or e-mail services, data enhancement services, fraud prevention, web hosting, or providing analytic services. If applicable, such service providers will, by appropriate data processing agreements, be bound to process personal data only on our behalf and under our instructions.   
• Purchasers and third parties in connection with a business transaction.
  Personal data may be disclosed to third parties in connection with a transaction, such as a merger, sale of our assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business, or in the event of a bankruptcy or similar proceedings.  
• Law enforcement, regulators and other parties for legal reasons.
  Personal data may be disclosed to third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our legal claims or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of ROUVY, our partners, employees, or others.

We will store personal data for as long as necessary to fulfill the purposes for which we collect the personal data, in accordance with our legal obligations and legitimate business interests. Afterwards, or at the end of the statutory retention times, the personal data will be deleted as applicable. For example, national commercial or financial codes may require retaining certain information for up to 10 years.

We implement a variety of security measures to maintain the safety of your personal data when you use our Services. However, no system of security can be 100% secure and so we cannot guarantee in all cases the security of the information that we process.  In the event we learn that personal data is compromised as a result of a breach of security, we will take steps to investigate and comply with notification obligations and take other steps in accordance with applicable laws and regulations.

As we are located in Australia, we transfer personal data from other countries to Australia. Depending on your place of residence or location, this may mean that your personal data will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal data than your resident jurisdiction.

If you are located in the European Union, the following applies:

To safeguard the direct collection of personal data from data subjects located in the European Union to third parties outside the European Union and the European Economic Area, we have entered into contracts that are based on the EU Standard Contractual Clauses with our European affiliates for the benefit of the affected data subjects. Please contact gdpr@rouvy.com for more information.

Before transferring your personal data to a third party outside the European Union and European Economic Area, we will enter into contracts based on the EU Standard Contractual Clauses to safeguard your personal data.

If you wish to inquire further about the safeguards we use, please contact us using the details set out at the end of this Privacy Policy.

If you are located in Australia or New Zealand, the following applies:   

As mentioned above at ‘With whom do we share your personal data?’, your personal data may be shared with our affiliates and subsidiaries and other third parties, who may be located in a different country to you (“Overseas Recipients”). These Overseas Recipients may be located in various jurisdictions, such as those listed on Annex 2, which may not afford the same protections as in Australia or New Zealand, as applicable.

Where your personal data is transferred to Overseas Recipients, we will take reasonable steps to ensure that the Overseas Recipients will handle your personal data in accordance with:

• Australian Laws: the Australian Privacy Principles (“APPs”) and the Privacy Act 1988 (Cth) (“Australian Privacy Act”).
• New Zealand Laws:  the New Zealand Privacy Principles (“IPPs”) and the New Zealand Privacy Act (NZ Privacy Act).

These steps may include entering into contractual arrangements to safeguard your personal data where appropriate.

We, and our third-party partners, automatically collect certain types of usage information when you visit our websites, apps or social networking pages, when you read our e-mails, or when you otherwise engage with us. Cookies, flash objects, web beacons, file information and similar technologies are used to distinguish you from other users of our websites and apps. You can usually change the settings of your browser to modify the permissions you give to us and third parties for the storing of and gaining access to cookies on your device.

1. What are Cookies used for?
   Cookies are pieces of code that allow for personalization of our website experience by saving some of your personal data, such as user ID and preferences. A cookie is a small data file that is transferred to your device’s hard disk (such as your computer or smartphone) for record-keeping purposes. Cookies and similar technologies (“Cookies“) do lots of different jobs, like helping us understand how our website is being used, letting you navigate between pages efficiently, remembering your preferences and language settings and generally improving your browsing experience. Cookies can also help us to ensure that marketing you see online is more relevant to you and your interests.
2. What types of Cookies are used by us and our partners?
   The types of Cookies used on our websites can generally be put into one of the following categories: strictly necessary; analytics; functionality; advertising; and social media.
   1. Strictly Necessary: These Cookies are essential to make our website work. They enable you to move around the websites and use their features. Without these Cookies, services that are necessary for you to fully use our website may not be available. Insofar as personal data are processed at all when strictly necessary Cookies are set, the processing is based either on the performance of a contract (when necessary for the FulGaz Account) or it is necessary for the purposes of our legitimate interests.
   2. Functionality Cookies: These Cookies allow us to remember choices you make and tailor our website to provide enhanced features and content to you. For example, these Cookies can be used to remember your username, language choice or country selection, and they can also be used to remember changes you have made. The processing is based either on the performance of a contract (when necessary for the FulGaz Account) or it is necessary for the purposes of our legitimate interests.
   3. Analytics Cookies: These Cookies collect information about how people are using our website or app. The types of analytical information that are collected include the date and time the App accesses our servers, App version, the approximate location of the device (country), user behaviour (e.g., features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the App functions. FulGaz uses this data to improve the quality and functionality of FulGaz app; to develop and market products and features that best serve you and other users; and to help identify and fix App stability issues and other usability problems as quickly as possible. All information these Cookies collect is grouped together with information from other people’s use of our website. If you are accessing our websites with a European IP address, you have been asked to consent to the use of these Cookies. You are free to deny your consent. FulGaz uses the following third party vendors for analytic services:
      • Google: Google Analytics is used to track site statistics and user demographics, interests and behaviour on websites. We also use Google Search Console to help understand how our website visitors find our website and to improve our search engine optimisation. How to opt-out of having your data used by Google Analytics.
      • Microsoft Crash Reporting : Microsoft’s crash reporting system is used to help us better understand usage of the FulGaz Mobile app to improve user experience and to identify and resolve the root causes of app crashes, it sends us information on bugs that cause FulGaz to crash.
      • Apple Crash Reporting: You can also opt in to send your crash data to Apple when you first install FulGaz.
3. Social Media Cookies: In order to enhance your internet experience and to make the sharing of content easier, some of the pages on our website may contain tools or applications that are linked to third-party social media service providers such as Facebook or Twitter. Through these tools or applications, the social media service provider may set its own Cookies on your device. We do not control these Cookies and you should check the social media service provider’s website for further details about how they use Cookies.
   Mobile devices: If you enter our website or apps via a device with activated location-based services, your device’s operating system may collect information about your current location. No user location data is transmitted to FulGaz servers. Most devices provide the possibility to disconnect from location-based services or to deactivate those. Please note, in some older operating systems this user location data is required to discover Bluetooth devices which are necessary during a FulGaz ride.
   How can you manage Cookies? If you would prefer not to accept Cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a Cookie, which lets you choose whether or not to accept it; (ii) disable existing Cookies; or (iii) set your browser to automatically reject Cookies. Please note that doing so may negatively impact your experience using our websites and apps, as some features and services on our websites and apps may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all Cookies.

Your Cookie settings can typically be adjusted in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.

• Cookie settings in Microsoft Edge
• Cookie settings in Firefox
• Cookie settings in Chrome
• Cookie settings in Safari web and iOS

We also use clear gifs in HTML-based e-mails sent to our newsletter subscribers to track which e-mails are opened and which links are clicked by them. The information allows for more accurate reporting and improvement of our Services. You can set your e-mail options to prevent the automatic downloading of images that may contain these technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Additionally, we support the self-regulatory principles for online advertising (Principles) published by the Digital Advertising Alliance (DAA). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found http://www.aboutads.info/. If you want to “opt out” of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an “opt-out” cookie on your device indicating that you do not want to receive interest-based advertisements.  Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt-out of interest-based advertisements across all your browsers and devices, you will need to opt-out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt-out again.

Please note that when you “opt-out” of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on the Services.  It means that the online ads that you do see from DAA program participants should not be based on your interests.  We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of the Services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

We want you to understand your rights and choices regarding how we may use your personal data.

Individual Rights. You have specific rights under applicable privacy law in respect to your personal data that we hold, including a right of access and erasure and a right to prevent certain processing activities.

If you wish to delete your account, please visit the following link for additional information: HOW TO DELETE YOUR ACCOUNT

1. Your European Union Rights

If you are located in the European Union, you have the following rights in respect to your personal data that we hold:

• Right of access. The right to obtain access to your personal data.
  
• Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
  
• Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
  
• Right to restriction. The right to obtain the restriction of our data processing in certain circumstances, such as, where you contest the accuracy of your personal data, for a period of time enabling us to verify the accuracy of that personal data.
  
• Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another. It only applies to personal data that you have directly provided to us.
  
• RIGHT TO OBJECT. YOU HAVE A RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO THE USE OF YOUR PERSONAL DATA FOR MARKETING ACTIVITIES FOR ANY REASON WHATSOEVER.

If you wish to exercise one of these rights, please contact us using the contact details below.

For Cookies or e-mail marketing, we provide the following easily usable options:

• Cookies Settings and Preferences. You may disable cookies and similar technologies through the settings in your browser.
•  E-Mail Settings and Preferences. If you no longer want to receive marketing e-mails from us, you may choose to unsubscribe at any time by clicking this link: https://fulgaz.activehosted.com/unsubscribe/2.

In addition to the foregoing listed rights, if you are located in the European Union, you also have the right to lodge a complaint with a data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

2. Your Nevada Privacy Rights

Under Nevada law, Nevada residents may opt out of the “sale” of their personal information, where the information is exchanged for monetary consideration.  If you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law by sending a message to our data protection team on email gdpr@rouvy.com.  Please note we will take reasonable steps to verify your identity and the authenticity of the request.

3. Your California Privacy Rights

California law requires us to disclose certain information regarding the categories of personal data we collect.  Please see below for a detailed description of the categories of personal data we collect, the purposes for which we use your personal data and the third parties we might share personal data with.

If you are a resident of California, you have the following rights in respect to your personal data that we hold:

• The Right to Know.  The right to have us disclose to you any or all of the following information relating to your personal data we have collected and disclosed in the last 12 months, upon verification of your identity:
  1. The specific pieces of personal data we have collected about you;
  2. The categories of personal data we have collected about you;
  3. The categories of sources of the personal data;
  4. The categories of personal data that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  5. The categories of personal data we have sold and the categories of third parties to whom the information was sold; and
  6. The business or commercial purposes for collecting or selling the personal data.
     
• The Right to Request Deletion.  The right to obtain the deletion of personal data we have collected from you, subject to certain exceptions.
  
• The Right to Opt Out of Personal Information Sales.  FulGaz does not “sell” personal data about our customers as most people would typically understand that term.  However, we do allow certain third-party advertising partners to collect information about the users of our Services for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting.  To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the Cookies and similar technologies section of the Privacy Policy for more information about how we share personal data within ROUVY and with a variety of third parties for our business purposes.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal data (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

You may submit a request to exercise your California consumer rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal data from you or require you to log into your account, if you have one.  In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

• To exercise your Right to Know and/or your Right to Request Deletion, please contact gdpr@rouvy.com.

Do Not Sell My Personal Information

• To opt out or control the use of your personal information by social media, advertising and analytics partners, please see the Cookies and similar technologies section of the Privacy Policy.

4. Your Australia Privacy Rights

In Australia, your personal data is collected, used or disclosed in accordance with the Australian Privacy Act and the APPs. For the avoidance of doubt, reference to “process” or “processing” in the Privacy Policy includes a reference to the collection, use or disclosure of personal data.

If you are located in Australia, you have the following rights in respect of your personal data that we hold:

• The Right to Access Information: You may request access to personal information that we hold about you.
• The Right to Correct Information: You may request the correction of your personal information if it is inaccurate, out-of-date, incomplete, irrelevant or misleading.

You can ask for access or correction of your personal data by contacting us at gdpr@rouvy.com.  We will endeavour to respond to your request within 30 days.  We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible.  If we refuse to give you access to, or correct, your personal data, we must notify you in writing setting out the reasons.

If you have any queries or complaints about this Privacy Policy or consider there has been any breach of the APPs, please contact us in writing. If you are dissatisfied with the outcome of the complaint or the way in which the complaint was handled, then you may contact the Office of the Australian Information Commissioner (“OAIC”).

5.  Your New Zealand Privacy Rights

In New Zealand, your personal data is collected, used or disclosed in accordance with the New Zealand Privacy Act 2020 (NZ Privacy Act).

If you are located in New Zealand, you have the following rights in respect of your personal data that we hold:

• The Right to Access Information: You may request access to personal information that we hold about you.
• The Right to Correct Information: You may request the correction of your personal information if it is inaccurate, out-of-date, incomplete, irrelevant or misleading.

You can ask for access to and/or correction of your personal data by contacting us at gdpr@rouvy.com.  If you are requesting correction of your personal data, you may also provide to us a statement of the correction sought (Statement of Correction).  We will endeavour to respond to your request as soon as reasonably practicable, and no later than 20 days from the request.  We will ask you to verify your identity before we give you access to your information or correct it, and we will try to make the process as simple as possible.

If we refuse to give you access to, or to correct, your personal data, we must notify you in writing setting out the reasons.  In the case of a request for correction of personal data, if we do not agree to make the correction you may provide us with a Statement of Correction, if you have not already done so, and we will take reasonable steps to ensure that the Statement of Correction is attached to the information so that it is always read with the information.

If you have any queries or complaints about this Privacy Policy or consider there has been any breach of the IPPs, please contact us in writing.  If you are dissatisfied with the outcome of the complaint or the way in which the complaint was handled, then you may make a complaint to the Office of the Privacy Commissioner (“OPC”).

If you have any questions or concerns about out Privacy Policy or if you want to exercise your rights, please send an email to gdpr@rouvy.com.

FulGaz Privacy

We may make changes to our Privacy Policy from time to time.  Please review our policies regularly as updated policies will apply to your future use of our Services.