Privacy policy - Be Stimulated

Privacy policy

BeStimulated is a free mobile app that urges people to enjoy an active lifestyle and the results achieved. The BeStimulated mobile application and all its content (text, graphs, figures, sounds, videos, layouts, design, brands, promotions, offers, physical activities, etc.) is hereinafter referred to as the BeStimulated App.
The BeStimulated App is owned and operated by Sollers Consulting, a Limited Liability Company, registered in the Republic of Latvia, hereinafter referred to as the Company.
The BeStimulated App includes offers of third parties to complete a certain physical activity in exchange for a specified prize in the form of a discounted price for a product or service to be purchased from the third party. If the BeStimulated App user is able to accurately perform the physical activities requested by third parties, who are specified in the BeStimulated App, he/she may qualify for a prize from the third party concerned.
In addition, a list of the most active users over a certain period of time, whom the Company may randomly, at its discretion and free will, reward with stimulating prizes, is deployed in the BeStimulated App. This is the right rather than a duty of the Company.

1. Consent to the Privacy Policy
This Privacy Policy applies to personal data collected in connection with products and services offered by the Company or by other interactions by the Company where a link or other appropriate reference of incorporation to this Privacy Policy is made, for example, in connection with the products offered by the Company, websites, BeStimulated App and other applications, other types of services offered by the Company typically in electronic form, as well as customer events, or promotions and campaigns.

Products and services offered by the Company may also contain links to other companies’ websites and other third party services that have privacy policies of their own. The Company recommends that you carefully read such privacy policies. The Company is not responsible for the privacy practices or contents of any such third party services.
By using BeStimulated App and other services and products offered by the Company you consent to the collection, use and transfer of your personal data for processing in Republic of Latvia as described in this Privacy Policy. Please read carefully this Privacy Policy, as your access to and use of the products and services offered by the Company signifies that you have read and agree to all terms of this Privacy Policy. If you do not agree at that time, you are not permitted to use BeStimulated App and other products and services offered by the Company. In such case please do not access or continue to use any of the services or products offered by the Company.

The Company reserves right, at its discretion, at any time without prior warning or notice, amend or modify this Privacy Policy. Company may ask you to review and to explicitly agree to or reject a revised version of the Company’s Privacy Policy. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use BeStimulated App and other products and services offered by the Company.

1. Data collection
1. The Company collects your personal data when you use BeStimulated and other products and services offered by the Company, enter into sales promotion or campaign, or otherwise interact with the Company.

2. Categories of the personal data collection by the Company and data collection ways:
2.1. When you register into the BeStimulated App or for other services or products offered by the company, the Company may collect your registration and demographic details (e.g. name, username and password, e-mail address, date of birth, and location). Such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you, as well as information uploaded by you such as location, route information, pictures, gender, fitness and physical characteristics and sport preferences.

2.2. The Company may collect technical information of your devices. For the most part, you may visit the Company’s websites or use Company’s products or services without having to identify yourself. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the ad banners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication.

2.3. The Company may collect or request information relating to your purchase or use of our products or services as well as your other interactions with the Company or third parties who offer their services and products via BeStimulated App or via other products, applications or services provided by the Company. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), purchasing details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and these third parties, records of contacts and communications, information and details relating to the content you have provided to the Company with and other such transactional information. The Company may, in accordance with applicable law, record your communication with our customer care or with other similar contact points.

2.4. Certain services may involve the use of your location data. The Company may collect precis location data as part of the functionality of the BeStimulated App or other services provided by the Company. For example, if you want to map your running, cycling or walking route with the BeStimulated App application, the Company will collect your location data as you run, cycle or walk along the route and produce a map for you. The Company collects the location data trough the services offered by the Company, so the Company the Company can offer you certain location services (like route tracking described above), provide advertisements that are relevant to your geographical location, and conduct analytics to improve the services offered by the Company. The Company may collect your location data in the several ways: from your wireless carrier; trough a wearable or other device you have connected (for example wiressly) to the Company services; directly from the device on which you use the services or applications provided by the Company. If you are accessing the services trough the BeStimulated App, the way the Company collect location data will differ depending on your mobile device’s operation system. In all events the Company will no longer collect your location data, unless you have allowed its collection.

2.5. The Company may collect other information that you provide to the Company. The Company may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. Some of the Company services may allow you to submit information about other people, for example, if you make an order for a product that you wish the Company to send directly to another recipient.

2.6. The Company may collect data of your athletic performance, such as time spent doing activity, speed, distance, cadence and hydration. A well as the Company may collect details about your athletic or recreational activities, such as type of activity, exercise frequently, and performance goals.

2.7. You may choose to log into or sign in BeStimulated App or other services provided by the Company, trough various social media or social networking services, such as Facebook, WeChat or Twitter. When you connect using your social networking services accounts, the Company may collect your personal data that you have provided to that social networking service. For example, when you log in with your Facebook credentials, with your consent the Company may collect your personal data from your Facebook profile that is permitted under Facebook’s terms of use, such as your e-mail address, profile picture and friend list. If you do not want to provide the Company with such information, you will need to amend the privacy settings on your social networking services account. For more information please contact your social networking service provider or review the privacy disclosures and terms of your social networking services account.

1. The Purpose of processing and usage of data collected
The Company may processes your personal data for the purposes described in this Privacy Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously.
1. The Company may process and use your personal data to provide you the product or service you have requested, fulfill your other requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and the Company. The Company may also process and use your personal data to ensure the functionality and security of our products and services, to identify you, and to prevent and detect fraud and other misuses.

2. The Company may process and use your personal data to develop the Company’s products and/or services. However, for the most part the Company only uses aggregate and statistical information in the development of the products and services, and not data directly identifiable to you. The Company may also process and use your personal data to personalize our offerings and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising. The Company may combine personal data collected in connection with your use of a particular product and/or service with other personal data the Company may hold about you, except where such personal data was collected for a different purpose.

3. The Company may process and use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. The Company may process and use your personal data for marketing. Marketing purposes may include using your personal data for personalized marketing or research purposes in accordance with applicable laws, for example, to conduct market research and to communicate our products, services or promotions to you via our own or third parties’ electronic or other services.

4. Some of the Company’s products and services may be used to promote products and services of other companies. However, the Company does not disclose your personal data to such companies for their marketing purposes without your prior consent.

5. The Company may process and use your personal data for profiling for such purposes as targeted direct marketing and improvement of our products or services. The Company may also create aggregate and statistical information based on your personal data. Profiling includes automated processing of your personal data for evaluating, analyzing or predicting your personal preferences or interests in order to, for example, send you marketing messages concerning products or services best suitable for you.

1. Transfers of your personal data
The Company may disclose your personal data to third parties solely as stated below in this Privacy Policy, or as obligated by mandatory law. This disclosure is limited to the situations where is permitted to do so under applicable European and national data protection laws and regulations.
6. The Company may be requested, subject to applicable law, to disclose your personal data, if: 1) it is reasonably necessary to comply with legal process (court order, subpoena, search warrant a.o.) or other legal requirements of any governmental authority; 2) it is necessary to protect Company’s legal rights or property; 3) it is necessary to protect the legal rights or property or physical security of others, or for the prevention or detection of crime and such disclosure is lawful.

7. The Company may transfer your personal data to authorized third parties who process personal data on behalf of the Company for the purposes described in this Privacy Policy, such as e.g., technical, logistics and other service providers. These third parties may have access to your personal data, but only to the extend it is necessary for them: 1) to provide their products and services; 2) to provide you the products and services that you have requested. Such third parties are not permitted to use your personal data for any other purposes than for what your personal data was collected, and the Company requires them to act consistently with applicable laws and this Privacy Policy as well as to use appropriate security measures to protect your personal data.

8. Products and services provided by the Company may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred outside the country where you use our services to other European Union counties. In such cases the Company takes steps to ensure that adequate protection for your personal data is provided as required by applicable laws.

9. If the Company decides to sell, buy, merge or otherwise reorganize its businesses in certain countries, this may involve disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers, for the purposes of such transactions.

1. Data security
The Company implements appropriate technical and organizational security measures to prevent and minimize risks associated with providing and processing personal data. The Company recommends that you take additional measures to protect yourself and your information, such as installing anti – virus software, closing browsers after use, keeping confidential your log – in credentials and passwords, and making sure that you regularly update software and mobile applications you have downloaded to ensure you have enabled the latest security features on your devices.
The Company’s security measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors, sufficient training of the Company’s personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, the Company may also take back-up copies and use other such means to prevent accidental damage or destruction of your personal data.

1. Use of cookies and web beacons
1. Cookies are data files stored within your browser when you interact with a website. These data files allow the site to recall important information about your visit and help improve your experience. The Company may use cookies to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session. Cookies are also used for website traffic analysis and profiling.

2. Some of the Company’s websites and services such as e-mail updates may contain electronic images called web beacons (also sometimes known as one pixel GIFs, clear GIFs or pixel tags). Web beacons allow the Company to count visitors who have viewed content on websites or pages. In promotional e-mail messages and newsletters, web beacons allow the Company to count how many subscribers have read them. They also allow the Company to develop statistics and features that most interest out customers and end users in order to provide more personalized content. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be personally identifiable.

3. If you wish to disable cookies, or want to be notified before they are placed, you may do this in your browser settings. However, the Company may not be able to provide certain services or you may not be able to view certain parts of this site if you have disabled cookies. Some of the Company’s business partners whose content is linked to or from the Company’s website or BeStimulated App may also use cookies or web beacons. However, the Company has no access to or control over these cookies.

4. You acknowledge and agree to the storage of cookies, other local storage technologies, beacons and other information on your devices and to the access of such cookies, local storage technologies, web beacons and information by the Company and by the third parties mentioned above.

1. Your rights
You have the right to request information and access to the personal data the Company has collected from and of you. You also have the right to request that the Company replenish, rectify, anonymize or delete any incomplete, incorrect, unnecessary or outdated personal data the Company holds on you. However, the Company cannot delete such personal data that is necessary for compliance with binding legal obligations or if the personal data must be retained according to applicable laws. You have the right to request and receive the personal data the Company has collected on you in a commonly used and machine-readable form. In case you consider your personal data collected by the Company to be inaccurate, you do not wish your personal data to be deleted where the processing of your personal data has been deemed unlawful or the personal data is no longer necessary, or you have objected to the processing and the existence of legitimate grounds for processing is still under consideration, you may request restriction of processing of your personal data.

You may also at any time object to your personal data being processed for direct marketing purposes, sending promotional materials, profiling, or for the performance of market research. Further, where your personal data is processed based on your consent, you have the right to withdraw your consent for such processing at any time.
In case you wish to make use of your rights mentioned above, you may, as appropriate and in accordance with applicable laws, exercise such rights by contacting us through the contact points referred in the marketing materials or below in this policy. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that the Company may not be able to continue to provide the services to you. The Company encourages you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it.

Please note that the Company may need to identify you and to ask for additional information in order to be able to fulfill your above requests. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights.

2. Support Team
If you have any questions about these Terms and/or use of the BeStimulated App, do not hesitate to contact the Company Office address: Kuģu street 26-92, Riga, Republic of Latvia, LV-1050, or by