Your privacy and the confidentiality of your personal information is very important to us. We believe that it is important for our users to have a full understanding of how their information is used, to what purpose, and to have entirely the control of that information. This Privacy Policy describes the privacy practices for our devices, applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe. Please note that you have the right to know precisely which information we keep, and how it is processed. You also have the right to download a record of that information at any time and to remove your consent for us to process your information or delete the information we keep at any time, as described in the GDPR, effective 25th of May 2018.

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This Privacy Policy covers the following topics:

• Information We Collect

• How We Use Information

• How Information Is Shared

• Your Rights To Access and Control Your Personal Data

• Data Retention

• Analytics and Advertising Services Provided by Others

• Our Policies for Children

• Information Security

• Our International Operations and Data Transfers

• Changes to This Policy

• Who We Are and How To Contact Us

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INFORMATION WE COLLECT

When you use our Services, we collect the following types of information.

User age,

user's mobile phone number (if you have registered using your phone number), user's email address, country, picture, height, nickname, gender, weight, metric system chosen, blood pressure data, number of steps, heart rate data, sleep data, cycling data,

Alarm setting information, automatic heart rate collection setting, sedentary reminder setting, location data (only when you activate the workout / private coach mode and for the duration of your exercise sessions).

 

INFORMATION FROM THIRD-PARTY SERVICES

If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

If you purchase Abyx Fit merchandise on our website, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code and billing address. We do not store this payment information. We store your delivery address to fulfil your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

USAGE INFORMATION

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, Abyx Fit or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

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HOW WE USE INFORMATION

 

PROVIDE AND MAINTAIN THE SERVICES

Using the information we collect, we are able to deliver the Services to you and honour our Terms of Service contract with you. For example, we need to use your information to provide you with your Abyx Fit dashboard tracking your exercise, activity and other trends; and to give you customer support.

 

IMPROVE, PERSONALISE AND DEVELOP THE SERVICES

We use the information we collect to improve the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services. In that case your information is never used in relation to your identity and is only used anonymously under a depersonalized form.

COMMUNICATE WITH YOU

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using the “Unsubscribe” link in an email.

 

HOW INFORMATION IS SHARED

We do not share your personal information except in the limited circumstances described below.

 

FOR EXTERNAL PROCESSING

We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services maintenance, customer support, product development, sales and marketing. The information we and our service provider have access to is exclusively used for the purpose of providing the abyx Services to you and to present you new products and features as described in the Privacy Policy and in abyx Terms of Service. It is never transferred, sold or communicated for any other purpose. You can request a list of our service provider by addressing a mail to our representative in the European Union.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

 

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

Most of your account and profile information can be edited directly from our mobile application. Additional request to modify information that would not be editable from the application can be addressed through our support page. We also give you the possibility to request a copy of all the data we keep about you. Such a copy can be obtained by using the data download option in our mobile application. Depending on the version of the application you use this action will either trigger an automated download of your data to your cell phone or send a request to us or our service providers to send you an email with a copy of your data. This latter option may take a few days. 

 

We also give you the possibility to withdraw your consent and delete your account and all the data we keep at any time by selecting that option in our application. This process can take a few days. When completed your account and all copies of your data are deleted permanently. You will not be able to use the abyx service with that account anymore.

 

If you need further assistance regarding your rights, please contact us at Privacy@Abyx-Fit.com, and we will consider your request in accordance with applicable laws. If you reside in a Designated Country, you also have a right to lodge a complaint with your local data protection authority. We also have a representative in the European Union for matters related to Data protection and privacy.

 

DATA RETENTION

We keep your account information, like your name, email address and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding friends on the Services, we delete the list after it is used for adding contacts as friends. We keep other information, like your exercise or activity data, for a period of 90 days from their recording. Depersonalized information might be kept longer than 90 days as is it not linked to your identity anymore.

 

OUR POLICIES FOR CHILDREN

Abyx Fit does not permit any person below the age of 16 years old to use its Service without the consent of its parent or legal tutor.

By accepting our Terms of Service you certify that you are above 16 years old. This is asked you explicitly during the registration process. Parents and legal tutors can still create an account on behalf of a user younger than 16 years old. In such case, they give their consent for the collection and processing of the user as described in this Privacy Policy and abyx Terms of Service.

 

INFORMATION SECURITY

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact Customer Support.

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OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and transfer information to our service providers in Hong Kong, Thailand and China for the purposes described in this policy.

For a list of the locations where we have offices, please contact our legal representative in the European Union. If you later wish to withdraw your consent, you can delete your Abyx Fit account.

 

CHANGES TO THIS POLICY

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.

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WHO WE ARE AND HOW TO CONTACT US

Abyx Fit is a brand operated by Onyx Group Limited, an Hong Kong incorporated company. If you have questions, suggestions, or concerns about this policy, or about our use of your information, please contact us at privacy@abyx-fit.com 

 

You may also contact us at:

Abyx Fit

Onyx Group Limited

5F heng Shan CTR

145 Queen’s Road East

Wanchai, Hong Kong

 

Representative in the European Union:

RICKERT Rechtsanwaltsgesellschaft m.b.H. (i.e. law firm)

Kaiserplatz 7 - 9, 53113 Bonn,

GermanyHRB 9262, AG Bonn

- GF/CEO: Thomas Rickert