PRIVACY POLICY

This privacy policy (“Privacy Policy”) governs your use of the software application: Aktivo (the "Mobile Application") for mobile devices that was created by Aktivolabs Pte Ltd.

The Mobile Application seeks to support you in making the right lifestyle choices and sharing your progress with family, friends and colleagues. The Mobile Application measures the combined impact of daily physical activities and sleep on long-term health. This provides a single measure and a truly meaningful indicator of the healthiness of your physical lifestyle.​
 

The Aktivo Score® is calculated every day by using Aktivo’s proprietary and scientifically derived algorithm that analyses the amount of exercise, light physical activities, sedentary behaviour and sleep.Aktivo Score® measures the health risk posed by your levels of physical activity and amount of sleep. The Aktivo Score® is your guide to maintaining a healthy physical lifestyle for long-term health.​

Aktivo is your daily companion in making the right lifestyle choices. A good Aktivo Score® is your scientific guide to living a long and healthy life.

This Privacy Policy sets out the basis upon which any personal data that is collected from you by Aktivolabs Pte Ltd and/or its subsidiary(ies) and/or affiliates (hereinafter collectively referred to as the "Company", “we”, “us” or “our”) will be processed. Aktivolabs Pte Ltd is the controller responsible for the Mobile Application.

Our full details are:

Full name of legal entity: Aktivolabs Pte Ltd, 10 Anson Road, #22-02, International Plaza, Singapore 079903

Data Protection Officer: Ken Baylor

Email address: dpo@aktivolabs.com

EU Representative: Jack Baylor, 2 Ashton Place, Gardiner’s Hill, Cork, Ireland

This Privacy Policy is intended to apply to all personal data submitted by you, third parties authorized by you via www.aktivolabs.com, its sub-domains, and any other websites, media platforms, applications including the Mobile Application operated by the Company, and/or the Company (hereinafter collectively referred to as the "Channels") and any personal data that we receive from other third parties.

You should read this Privacy Policy carefully in order to understand the Company's policy and practices with regard to the treatment of personal data provided by you on the Channels. This Privacy Policy is applicable to all users of the Mobile Application, and the provisions herein may be updated, revised, varied, or amended from time to time as the Company deems necessary.

You have a right to make a complaint at any time to the Personal Data Protection Commission of Singapore however we would request that you contact us in the first instance to offer us the opportunity to address any issues that you may have.

1. The Personal Data That We Collect

1.1. In the course of using the Channels, you may disclose or be asked to provide personal data. In order to benefit from and enjoy the various services offered by the Channels, it may be necessary for you to provide the Company with your personal data. Although you are not obliged to provide the information and/or data as requested on the Channels, the Company will not be able to render certain services on the Channels in the event that you fail to do so.

1.2. We collect and process personal data from you to provide scores and metrics you can use to track and improve your health. The types of data collected in order to provide this service include:

(i) Identity Data;


(ii) Contact Data;

(iii) Device Data;

(iv) Content Data;

(v) Profile Data;


(vi) Usage Data;

(vii) Marketing and Communications Data;

(viii) Location Data;

 

(ix) Health Data; and
 

(x) Biometric Data.

 

Please see the Glossary below for details of these categories of personal data.

1.3. We also collect, use and share aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Mobile Application feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

2. How Personal Data is Collected

2.1. We will collect and process the following personal data about you:
 

2.2. Information that you give us. This is information (including Identity, Contact and Marketing and Communications Data) that you consent to giving us about you by providing information through the Channels, or by corresponding with us directly (for example, by email or chat) or through our third party commercial partners. It includes information that you provide when you register to use the Mobile Application, download or register the Mobile Application, subscribe to any of our Services, as defined below, or enter a competition, promotion or survey and when you report a problem with the Mobile Application, the Channels or our Services. If you contact us, we will keep a record of that correspondence.
 

2.3. Information that we collect about you and your device. Each time you visit one of the Channels or use the Mobile Application we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see the section on cookies below for further details.
 

2.4. Location Data. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
 

2.5. Information that we receive from your use of your device. We also collect personal data including Identity Data, Contact Data, Health Data, Location Data, and Biometric Data through the use of the Channels or Mobile Application to provide a progress report, which contains your Aktivo score, steps taken, calories burned, resting heart rate, sleep and distance covered. When your device syncs with our servers (including through background syncs on your Mobile Application), the forms of Data recorded on your device are transferred from your device to our servers are as follows:

 

(i)  Device Data;

(ii)  Health Data;

 

(iii)  Location Data; and
 

(iv)  Usage Data.

2.6. Information that we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

 

(i)  Device Data, from the following parties:

(a)  our Services through unique application numbers, when they are installed

or updated;

(b)  analytics providers, including Google and Apple that have operations globally; and
 

(c)  any other aggregator of wearables and fitness trackers.

(ii)  Contact Data, from providers of technical and delivery services;
 

(iii)  Identity and Contact Data, from data brokers or aggregators that may be based globally; and
 

(iv)  Identity and Contact Data, from publicly available sources.

3. COOKIES
 

3.1.  We use cookies and/or other tracking technologies to distinguish you from other users of the Mobile Application, the distribution platform or the Channels and to remember your preferences. This helps us to provide you with a good experience when you use the Mobile Application or browse any of the Channels and also allows us to improve the Mobile Application and the Channels.
 

3.2.  The Company generally uses such automatically collected information and data to estimate the audience size of the Channels, gauge the popularity of various parts of the Channels, track your usage / traffic patterns and the number of sign ups to the Company's promotional activities and special events and administer the Channels.
 

3.3.  The Channels' server software will also record the domain name server address and track the pages you visit and store such information in cookies, and gather and store information such as internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files.
 

4. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
 

4.1.  We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

(i)  where you have consented before the processing;

(ii)  where we need to perform a contract that we are about to enter or have entered with you;

(iii)  where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and

(iv)  where we need to comply with a legal or regulatory obligation.

4.2.  Please refer to the table and Glossary below to find out more about the types of lawful basis that we will rely on to process your personal data.
 

4.3.  We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
 

4.4.  We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Purposes and basis of usage of data

4.5.  The Company strives to collect only personal data which is necessary and adequate but not excessive in relation to the purposes set out above.
 

4.6.  The Channels are not intended for children and we do not knowingly collect personal data relating to children.
 

4.7.  If you are not a child but are under the age of 18, the Company will require the prior consent of your parent or guardian, who may contact the responsible personnel of the Company at support@aktivolabs.com to register you as a member of the Channels. The parent or guardian concerned will be required to consent in each instance that consent is required during the course of your relationship with the Company.
 

4.8.  If the Company requires your personal data for a purpose other than those set out hereinabove, the Company shall request your prescribed consent to the same.

5. Disclosure or Transfer of Data

 

5.1.  When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table above:

(i)  Third Parties as set out in the Glossary;

(ii)  third parties who are advertisers on the Channels; and
 

(iii)  third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

5.2.  You acknowledge that the Company may receive money or other property in return for providing your personal data to third parties. You also acknowledge that your personal data may be shared with your employer or third parties that contract with your employer. The Company shall however remove personal data from which you may be directly identified before it shares personal data with any third parties.
 

5.3.  The Company shall take all practicable steps to keep all of your personal data confidential and/or undisclosed other than in accordance with this Privacy Policy.
 

5.4.  Personal data collected via the Channels may be transferred, stored, and processed in any country in which the Company operates. By using the Channels, you agree to, consent to, and authorise the Company to disclose and/or transfer your personal data under the circumstances stated above, as well as to any transfer of your personal data outside of the country in which you are located.
 

6. EU Data Subjects Only
 

6.1. Please note that when you provide personal data to us (or a third party on our behalf) it may accordingly be accessed and used in countries outside of the EEA. In relation to such transfers, you acknowledge that you have been made aware that (i) such countries may not be deemed to have an adequate level of protection for personal data as determined by the European Commission; (ii) some countries outside the EEA provide levels of protection of personal data which are substantially poorer than those of countries within the EEA and (iii) in respect of such countries it is possible that this personal data might be intercepted and accessed by governmental and other authorities / agencies in those countries.
 

7. Amendment of your Personal Data by Third Parties
 

Pursuant to our commercial arrangements with our partners, you may have been provided access to the Mobile Application. In the event that you were provided access to the Mobile Application by your insurer, your insurer will have access to edit your personal information. In the event that you were provided access to the Mobile Application by your employee through their insurance broker, your employer will have access to edit your personal information. The list of relevant personal information is as follows:

(i)  department and team assignment;
 

(ii)  first, middle and last name;
 

(iii)  gender;
 

(iv)  contact information; and
 

(v)  area of interest.

8. Google Analytics
 

8.1.  Google Analytics advertising features ("Features") are implemented on the Channels. The Features which the Company has implemented are based on Google Analytics demographics and interest reporting.
 

8.2.  Google Analytics is a web analysis service provided by Google, which utilises the data collected to track and examine the use of the Channels to prepare reports on your activities and share them with other Google services. Google may use the data collected to contextualise and personalise the marketing materials of its own advertising network.
 

8.3.  You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
 

9. Security
 

9.1.  The security of your personal data is important to the Company. The Company has implemented appropriate electronic and managerial measures in order to safeguard, protect, and secure your personal data.
 

9.2.  All personal data provided by you is only accessible by the authorised personnel of the Company or its authorised third parties, and such personnel shall be instructed to observe the terms of this Privacy Policy when accessing such personal data. You should safeguard your unique username and password by keeping them secret and confidential and by never sharing these details with anyone.
 

9.3.  The Company follows generally accepted industry standards to protect the personal data submitted by you to the Channels, both during transmission and once the Company receives it. However, no method of transmission over the internet, or method of electronic storage, is completely secure. Therefore, while the Company strives to protect your personal data against unauthorised access, the Company cannot guarantee its absolute security.
 

9.4.  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
 

10. Retention of Personal Data
 

10.1.  Once the Company has obtained your personal data, it will be maintained securely in the Company's system. Subject to legal requirements, your personal data will be retained by the Company after deactivation of the relevant service until you request the Company in writing to erase your personal data from the Company's database or terminate your membership of the Channels.
 

10.2.  In some circumstances you can ask us to delete your data: see the section on your legal rights below for further information.
 

10.3. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
 

11. Changes to this Privacy Policy
 

11.1.  The Company reserves the right to update, revise, modify, or amend this Privacy Policy

at any time as the Company deems necessary.
 

11.2.  This version was last updated on 17 July 2019. It may change and if it does, these changes will be posted on this page and where appropriate, notified to you by email OR when you next start the Mobile Application. The new policy may be displayed on- screen and you may be required to read and accept the changes to continue your use of the Mobile Application or Channels.
 

11.3.  It is important that the personal data that we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
 

12. Third Party Links
 

12.1. Our Channels may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that the Company does not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these services.
 

13. Your Legal Rights
 

13.1.  Under certain circumstances you have the following rights under data protection laws

in relation to your personal data.

(i)  Request access to your personal data.

(ii)  Request correction of your personal data.

(iii)  Request erasure of your personal data.

(iv)  Object to processing of your personal data.

(v)  Request restriction of processing your personal data.

(vi)  Request transfer or your personal data.

(vii)  Right to withdraw consent.

13.2.  Please refer to the Glossary below to find out more about these rights.

13.3.  You also have the right to ask us not to continue to process your personal data for marketing purposes.

13.4. You can exercise any of these rights at any time by contacting us at dpo@aktivolabs.com.

14. Governing Law and Jurisdiction

14.1. Nothing in this Privacy Policy shall limit your rights under the Personal Data Protection Act 2012 of Singapore, the General Data Protection Regulation or any other data protection or privacy related law that is applicable to you. This Privacy Policy shall be governed by the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts.

GLOSSARY

LAWFUL BASIS

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Service providers, acting as processors based in Singapore and other jurisdictions globally who provide IT and system administration services. These include Amazon Web Services.

Data Intermediaries, being organisations that process data on our behalf. Such processing services include recording, retrieval, organisation and destruction of data.

Professional advisers including lawyers, bankers, auditors and insurers based in Singapore and other jurisdictions globally, who provide consultancy, banking, legal, insurance and accounting services to the Company or its clients.

Tax and other authorities based in Singapore who require reporting of processing activities in certain circumstances.

Third parties involved in any situation in which the Company needs to protect and defend its rights and property.

Third parties to which the Company considers disclosure necessary in order to comply with the applicable laws and regulations, including without limitation, compliance with a judicial proceeding, court order or legal process served on the Channels.

Third parties to whom the Company considers disclosure necessary in order to maintain and improve the Services.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a)  if you want us to establish the personal data’s accuracy;
 

(b)  where our use of the personal data is unlawful but you do not want us to erase it;
 

(c)  where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
 

(d)  you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

DESCRIPTION OF CATEGORIES OF PERSONAL DATA


Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender, photographs, video images.

Contact Data: billing address, delivery address, email address, mobile or other telephone numbers.

Device Data: includes the type of mobile device you use, device model number, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, and time zone setting.

Content Data: includes information stored on your Device, including friends’ lists, login information, photos, videos or other digital content and check-ins.

Profile Data: includes your username and password, your interests, preferences, feedback and survey responses and any other relevant information concerning your user profile.

Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Location Data: includes your current location disclosed by GPS technology.


Health Data: includes physiological data, activity, sleep, and exercise data (such as calories burnt, steps walked, distance and speed travelled), and drinking and smoking profiles.

Biometric Data: includes thumbprints, facial images, voice recording or any personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person”.