11. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, FUEL BETTER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

 

12. Limitation of Liability

We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services.

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To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Fuel Better, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; © damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Fuel Better has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Fuel Better, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

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In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user's Personal Data, © any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

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To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services' prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

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If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

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If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Fuel Better's own fraud, recklessness, gross negligence or willful misconduct.

 

13. Indemnification

If you are a resident of the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold Fuel Better, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, © your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user's Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

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If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold Fuel Better, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, © your use or misuse of any user's Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

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If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Fuel Better's own fraud, recklessness, gross negligence or willful misconduct.

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14. Governing Law

If you are a resident of the United States or any non-European Union location: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

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If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

 

15. Disputes and Arbitration, Jurisdiction and Venue

To the maximum extent permitted by applicable law, you and Fuel Better agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.

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Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

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The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

• the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;

• the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

• any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

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You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

• You are giving up your right to have a trial by jury;

• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and

• You must file any claim within one (1) year after such claim arose or it is forever barred.

 

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.

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This agreement to arbitrate will not preclude you or Fuel Better from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Fuel Better from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Fuel Better's intellectual property rights.

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In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys' fees, and all other related expenses incurred in such litigation or arbitration.

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If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fuel Better cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.

• In addition, nothing in these Terms limits your rights to bring an action against Fuel Better in the local courts of your place of domicile. All disputes arising under the Terms between you and Fuel Better will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.

 

If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fuel Better cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board or other corresponding body.

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If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fuel Better cannot resolve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: cfk@kfst.dk).

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If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against Fuel Better in the local courts of your place of domicile.

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16. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

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We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals", you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Fuel Better or its affiliates to any registration requirement within such jurisdiction or location.

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The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.

If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.

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If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier "to the maximum extent permitted by law" and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

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If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

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If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

 

17. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 9 (Physical Activities and Dietary Guidance), 11 (No Warranties), 12 (Limitations of Liability), 13 (Indemnification), 15 (Disputes and Arbitration, Jurisdiction and Venue), and 17 (Survival).

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18. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms and any Product-Specific Terms constitute the entire agreement between you and us with respect to your use of the Services.

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Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

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You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

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Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

 

19. Contact Us

If you have any feedback, questions or comments about the Services, please contact our Support Team by email, or by mail at: Fuel Better, 10 Bolt Court, London, EC4A 3DQ, United Kingdom, and include the subject as "Attn: Legal - Terms and Conditions of Use". Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.

 

Thanks for reading all of this and welcome to Fuel Better!

 

Residents of the European Economic Area and the United Kingdom  

 

   a. If you elect not to provide personal data

You may choose not to provide Fuel Better with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

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   b. How to exercise your rights

Fuel Better takes steps to keep your Personal Data accurate and up to date. If you reside in the European Economic Area, you have certain rights to the Personal Data that we have collected about you. To exercise your rights to your Personal Data, please contact us through our Support Team or at the address listed below. Subject to applicable law and in exceptional circumstances only, we may charge for this service and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

 

You have the following rights:

• Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).

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• Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.

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• Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.

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• Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of Fuel Better override your grounds.

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• Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.

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• Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

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   c. How we may disclose your Personal Data

The GDPR and national laws of European Union member states implementing the Regulation permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in our Privacy Policy under the heading "How We Disclose Personal Data" if we are permitted to do so under applicable European and national data protection laws and regulations.

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   d. Health Data

Some Fitness and Wellness Data that we collect -namely, the amount of hours an Athlete sleeps and his or her heart rate measurements-may be considered personal health data under the GDPR and its interpretation by the European data protection supervisory authorities if recorded over a longer period of time. We use Athlete sleep data to help you track your sleep patterns over time, coach you on improving your sleep habits, and help you better understand how your sleep may be impacting your performance as you strive to meet your fitness and wellness objectives. Two types of heart rate measurements may be captured via certain devices that integrate and operate with our Services - your resting heart rate (RHR) and the heart rates you generate during your workouts. This heart rate data is designed to provide you with additional information that you can incorporate into your evaluation of your progress toward your fitness and wellness objectives; it should not, however, be considered professional medical advice and is not intended to be used for diagnostic purposes.

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   e. Fuel Better Privacy Shield Statements

Fuel Better Limited has self-certified that it complies with the EU-U.S. Privacy Shield Framework ("Privacy Shield") and the Swiss-U.S.- Privacy Shield regarding the collection, use, and retention of Personal Data from European Union member states, Switzerland, and the United Kingdom (UK).

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Fuel Better Limited's Privacy Shield certifications do not extend to the Fuel Better connected fitness apps (e.g., the certifications do not cover data collected using any of the FuelBetter App apps). We have implemented other mechanisms to legitimize transfers of Personal Data from the Fuel Better apps to the United States.

For EU, Swiss, and UK Personal Data received in the United States under the Privacy Shield, Fuel Better has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the standards of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles govern. To learn more about the Privacy Shield program, please visit the US Department of Commerce Privacy Shield website. To view our certification page, please visit the Privacy Shield List.

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Under the Onward Transfer Principle, we may remain liable for the processing of European Personal Data that we transfer to our third party agents or service providers. In some instances, we may also be required to disclose Personal Data to comply with valid requests from public authorities, including for national security or law enforcement purposes.

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In compliance with the Privacy Shield, Fuel Better commits to resolve your complaints concerning data privacy and our collection or use of your Personal Data. We welcome you to bring any concerns directly to us through our Support Team. Eligible unresolved privacy complaints related to violations of the Privacy Shield Principles can be reported to JAMS, an alternative dispute resolution provider located in the United States and Canada. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Fuel Better, please visit https://www.jamsadr.com/eu-us-privacy-shield for information on how to file a complaint with JAMS.

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Note that if your complaint is not resolved through either a direct interaction with Fuel Better, or JAMS, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

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For the purposes of enforcing compliance with the Privacy Shield, Fuel Better is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

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   f. Marketing communications

Where we are legally required to do so, we ask you for your prior consent before providing you with promotional materials or information. When required by local law, when marketing consent is obtained, we use the double-opt-in method (confirmation of your email address by email before sending you promotional messages) in order to verify your consent. You may revoke your consent at any time (this will not affect the processing of your Personal Data undertaken until the revocation). If you want to stop receiving promotional materials, etc., you can do so at any time as outlined in the Change Consent Settings for Communication Preferences section.

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   g. Additional use of Personal Data

Additional use of your Personal Data that is not described in this Privacy Policy will only take place as required by statute or when we have obtained your consent.

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   h. Legal Basis for Processing under the GDPR

In this section we provide information on the legal basis for our processing of your Personal Data as required by Art. 13 and 14 of the GDPR:

• When you register for an account or interact with our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

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• When you input Fitness and Wellness Data within our Services: For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

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• When you use or interact with a wearable or other connected device.

  • For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

  • For non-sensitive Personal Data which we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

  • With regard to other non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance our Services.

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• When we collect precise Location Data following your prior consent, we process such data on the basis of your prior consent, Art. 6(1)(a) GDPR. In other cases where we process your Location Data without consent, for example in order to provide our Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

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• ​When you communicate with us or sign up for promotional materials, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.

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• When you participate in special activities, offers, or programs.​

  • For sensitive data (health data) (including health data or biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

  • For non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages or to allow you to participate in our special activities, offers or programs.

 

• When you engage with our online communities or advertising and we actively collect your Personal Data in this context, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages.

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• When you access third party products and services and we obtain Personal Data about you from such third party sources:

  • For Personal Data that we need in order to perform the Services (e.g. if you pay for third party products through our Services), (e.g. if you pay for third party products through our Services), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.​

  • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to improve our Services.

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• When you connect with us through social media:

  • Where we collect your consent in such case, for instance for marketing purposes, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

  • Where we do not collect your consent in such case, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).

 

 

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• When we collect data from third parties or publicly-available sources:

  • For Personal Data which we need in order to perform the Services (e.g. for email verification purposes), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

  • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use our Services more efficiently.

 

• When we leverage and/or collect cookies, device IDs, Location Data, data from the environment, and other tracking technologies, we process such data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, where we do not obtain your consent and our legitimate interest is to provide you with better Services or marketing.

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• When we track you in Store, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest in enhancing your shopping experience as well as loss or crime prevention.

 

• When we use coarse location and data from sensors, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).

 

• When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.

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• When you sign up for our services that consist of social sharing and communication with others (including linking you to friends across platforms:

  • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

  • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

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• When you take fitness tests or assessments, share content or achievements, or invite friends to use the Services:

  • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

  • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

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• When we provide you geographically relevant Services, offers, or advertising:

  • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

  • Where we do not collect your consent in such case, for such data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

  • Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services, Art. 6 (1) (f) GDPR).

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• When you ask us to customize apparel, products, or Services:

  • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

  • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

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• When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:

  • Where we collect your consent in such case, we process such data on the basis of your prior consent, Art. 6 (1) (a) GDPR

  • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better Services and marketing.

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• When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).

 

• When we conduct analytics, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.

 

• When we investigate suspected illegal or wrongful activity, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.

 

   i. Right to lodge a complaint before the Data Protection Authority

We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

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   j. Changes to this Privacy Policy

In order to enhance our Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

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   k. How to contact us or our Privacy Office

In case of questions about the processing of your Personal Data please contact us at EUprivacy@fuelbetter.co.

If we are required under applicable law to appoint a data protection officer (DPO), you can contact the DPO that is responsible for your country/region at EUprivacy@fuelbetter.co.

Fuel Better Limited is the data controller for Fuel Better Apps

 

Residents of New Zealand

 

Fuel Better takes steps to keep your Personal Data accurate and up to date. If you reside in New Zealand, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us through our Support Team or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

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Residents of the United States of America

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Your California Privacy Rights

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California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third party's direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

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Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request to our Support Team, or in writing to:

 

Fuel Better Limited

10 Bolt Court, London, EC4A 3DQ, United Kingdom

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It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.

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Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to the Services. Requests can be made to our Support Team. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third party we do not own or control may copy the posting and repost it elsewhere.