Privacy Policy

Last updated: February 02, 2024, Version 2.1

MyWhoosh Technology Services LLC (hereinafter referred to as “we”, “us”, “our”, “company”), based in Abu Dhabi, UAE is a limited liability company and the ‘data controller’ in respect of your personal information. We specialize in developing and maintaining a virtual cycle platform (MyWhoosh) through our applications (Apple, Android, Windows and MacOS) and website. Our services encompass the application, its services, features, etcetera (collectively referred to as “Services“, “App”) and www.mywhoosh.com (“Site”).

We understand the importance of protecting the personal information of our customers (hereinafter referred to as “Customer”, “you”, “user”, “Data Subject”). This Privacy Notice outlines how we process any personal information collected from you, third parties, or provided by you. We encourage you to read this Privacy Notice thoroughly so that you are familiar with our practices concerning your personal information, privacy, and security while using MyWhoosh.

For general queries, please use the “Contact Us” section of the website or App and concerns related to data privacy, please reach out to the MyWhoosh Data Protection Office at privacy@mywhoosh.com.

WHAT PERSONAL INFORMATION WE COLLECT

We collect the following categories of personal information:

Personal Identifiers: Name, date of birth, country, location, billing address, email address, and phone number.
Protected Class Information: Age and gender (self-identified).
Sensitive Personal Information: Height, weight, heart rate, race results, and cycling performance information (ride-related data such as scores and rankings, etcetera).
Account Login and Device Information: User ID and encrypted password, IP address, device details, and web browser information.
Audio and Visual: Video recordings and photographs (as part of live stream for verification purposes to participate in any premium event) and, recordings of customer service calls for training and quality purposes.
Customer Satisfaction Survey: Answers to any customer satisfaction surveys or market research (unless these are provided anonymously).
Financial Information: Bank account details (for the purpose of prize money payouts) and In-App purchases.
Marketing Preferences: Marketing preferences that you may choose during the account registration process and any modifications made to them by you at a later stage.
Cookie Data: We store certain data that gets collected automatically at our end, for example through cookies and other similar technologies. You have full control to customize non-essential cookies. For more information on the cookies, please refer to the Cookie Notice.

HOW AND WHEN WE COLLECT YOUR PERSONAL INFORMATION

We collect your personal information when you:

Visit our website or use the application, including activities such as registering on our website or in the application, leaving reviews or comments, filling in forms (e.g., signing up for newsletters, entering events or championships such as competitions, contests, prize draws, raffles, or sweepstakes), and engaging in workouts.
Process In-App purchases from our application or subscribe to any of our paid services.
Attend our cycling and other events.
Contact us through the “Contact Us” form, reach out to the Customer Service Department via email, online Chat Support, call, or request information through any other means.
Participate in our customer satisfaction surveys or other market research initiatives.
Communicate with us through social networking websites, third-party applications, or similar technologies.

We may also collect information about you from third-party sources, such as from your use of other websites/applications, the use of devices and hardware to access and use the services and application, from tracking and rider profile platforms (e.g., Strava), and from social media platforms (e.g., Instagram, Facebook, and any social rider communities and events.) In such cases, we ensure that the proper legal basis and/or prior consent is in place before collecting such information. It is important to note that you have control over your access and consent for each of these platforms and companies. You can revoke consent at any time if you choose not to have the data controller process and share your information.

WHY WE COLLECT YOUR PERSONAL INFORMATION

MyWhoosh uses the data collected from the users and visitors as well as other relevant individuals to maintain our website and supply relevant support and services to them.

The personal information we gather and/or otherwise receive is processed for the following purposes:

Allowing new users to register to our website and/or application and allow existing users to register for premium events.
Authenticating and recognizing you as a separate user and distinguishing you from other users.
System administration and internal operations including troubleshooting, data analysis, testing, research, statistical, and survey purposes.
Analyzing your preferences to personalize your training regime.
Supplying technical and non-technical support related to MyWhoosh ensuring a satisfactory level of customer service.
Customizing marketing or advertising to be more relevant to you.
Letting you know of all developments and/or any changes to keep you informed.
Sending news, updates, and marketing communications related to MyWhoosh to the registered email address.
Letting you know about upcoming events and community rides in your location.
Analyzing race performance to validate results and prevent cheating.
Making the experience free of bullying, illicit usage, and abuse, ensuring security and fraud prevention, and monitoring to police our races to prevent cheating.
Ensuring that our Site and App are safe, secure, and free of glitches and errors, catering to the diverse needs during your usage of the App.
Monitoring your use of our Site and the App to improve the user experience and ensure that content is presented in the most effective manner for you and your device.
Ensuring compliance with applicable laws and regulations.

We may also match personal information that you provide to us directly with other information about you obtained from or held by third-party sources (such as social media, training, and fitness platforms). This may include your contact details, demographic data, your social media interactions, preferences, geographic location, and age or age range. We may use this personal information to predict and analyze your performance or to tailor and show advertisements more relevant to you either on our website and/or application or on third-party websites (including social media platforms).

LEGAL BASIS FOR COLLECTING AND PROCESSING YOUR PERSONAL INFORMATION

We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:

Consent: For example, where you have provided your consent to receive certain marketing from us and/or where you have provided your explicit consent for us to process certain physical information as part of your use of the App (as described above).
Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services, and effectively operate as an indoor fitness and cycle racing app, provided in each case that this is done in a legitimate way that does not unduly affect your privacy and other rights.
Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, when you may purchase products/services from us, and we need to use your contact details and payment information in order to process your order.
Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
Vital interests: In some limited cases, we may need to process your personal information where it is necessary to protect your vital interests or the vital interests of another person.

For example, we may need to process your personal information to provide you with medical assistance in an emergency.

We will always take steps to ensure that the processing of your personal information is fair and lawful, and that it does not unduly affect your privacy. You have a number of rights in relation to your personal information, including the right to access, correct, and delete your personal information. You can exercise these rights by contacting MyWhoosh Data Protection Office at privacy@mywhoosh.com.

HOW LONG WE STORE YOUR PERSONAL INFORMATION

We take diligent measures to ensure that the personal information you provide to us is retained only for as long as necessary for the purpose for which it was collected.

We may keep a record of our correspondence with you, such as in the case of a complaint, for as long as is necessary to protect us from potential legal claims. If we have gathered your personal information based on your consent and lack any other lawful basis to continue processing, and if you subsequently withdraw your consent by writing to us at dataprivacy@mywhoosh.com, requesting deletion, we will promptly delete your personal information.

Please be aware that in the event of your unsubscribing from our marketing communications, we will retain a record of your email address to ensure that no further marketing emails are sent to you in the future.

This Section Pertains to Users in the UK and/or the EEA.

The personal information we collect may be transferred to, and stored at, a destination outside the EEA or the UK, including countries that have less strict or no data protection laws compared to those in the EEA or the UK. Whenever we transfer your information in this manner, we will take steps that are reasonably necessary to ensure adequate safeguards are in place to protect your personal information and to ensure it is treated securely and in accordance with this Privacy Notice. When relevant, we rely on approved data transfer mechanisms (such as standard contractual clauses) to ensure your information is subject to adequate safeguards in the recipient country. If you are situated in the UK or the EEA, you can reach out to us at dataprivacy@mywhoosh.com to request a copy of the safeguards we have implemented to protect your personal information and privacy rights under these circumstances.

PERSONAL INFORMATION OF CHILDREN

We are deeply committed to safeguarding the privacy of minors and ensuring compliance with applicable laws pertaining to the collection and processing of the personal information of children. We do not intentionally or knowingly collect any personal information related to children or individuals under the age of 16, nor do we encourage their usage of the website and application. If you have not reached the age of 16, you are prohibited from using the website and application

unless supervised by an adult. By accessing the MyWhoosh website and application, you affirm and guarantee that you are 16 years of age or older. We hold no liability for any unsolicited information provided by you, and you consent to the usage of such information in accordance with this Privacy Notice.

For users between the ages of 16 and 18, we may require written consent from their parents or guardians. If the company becomes aware that a child under the age of 16 has given their personal information, MyWhoosh reserves the right to promptly delete the information collected from its records. We remain steadfast in our commitment to safeguarding the privacy needs of children and encouraging parents and guardians to actively participate in the online activities and interests of their children.

If the winner of any premium race event is between the ages of 16-18, we may require either (a) consent from their parents or legal guardian or (b) the personal (financial) information from their parents or legal guardian before awarding them the prize money. Such personal information will be stored for audit and legal record purposes.

SECURITY MEASURES

MyWhoosh is committed to safeguarding and protecting personal information. We have implemented and maintain appropriate technical and organizational measures to ensure a level of security that is fitting to protect any personal information provided to us. This includes protection against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information during transmission, storage, and processing.

On our website and application, you may find links to third-party websites and services, including our business partners and advertisers. It is important to note that these third-party entities have their own privacy notices, and we do not bear any responsibility or liability for them. We strongly advise reviewing the privacy notices of these third-party websites or services before submitting any personal information to them.

INFORMATION SHARING

We prioritize the security and privacy of your personal information. In certain circumstances, we may share your personal information within our group of companies, which includes our subsidiaries. Additionally, we may share your personal information with our suppliers, business partners, and service providers. This sharing may occur, for example, with providers of fitness tests and other functionalities, as well as entities helping us in marketing, advertising, and delivering our

services to you. These companies do not have any independent right to further share or disseminate this information.

We may also share your personal information as follows:

a. FOR COMMUNITY BUILDING: Given our emphasis on bringing your fitness community to your home, we share specific information with other users when you connect with them. For instance, when you challenge someone or engage in a conversation in the application’s chat section. The credentials made available to other users include your name, gender, age, height, weight, and the country from which you are operating. No further information is shared with the community unless you explicitly enable it.

b. FOR SOCIAL SHARING: MyWhoosh facilitates connections with various social fitness apps such as Today’s Plan, Training Speaks, and Strava, along with other social networking apps. When you connect your MyWhoosh account with these apps, some of your information will be shared with them. You maintain control over this information, as the decision to link your MyWhoosh account with such apps is entirely yours. Once connected, you can share your training records, gaming feats, and similar information on these apps.

c. USE OF PRIVATE CHAT FEATURE: Users are advised not to share personal or sensitive information, avoid misconduct, and refrain from sharing critical data while using the Private Chat feature. Misuse or violations may result in action per our Terms and Conditions.

d. FOR BROADCASTING RACES: Subject to your explicit consent, we may share your personal information, including actual and generated workout details and in-app activity data, with broadcasters and other content platforms. This sharing enables them to broadcast, stream, or otherwise provide live data when you participate in our races.

e. OTHER: We may share your personal information with affiliates, partners, service providers, group entities, and non-affiliated companies under various circumstances, including:

- Financial information (e.g., method of payment and payment-related information) with payment processors and gateways for secure transactions.
- We may share information with statutory authorities, government institutions, law enforcement agencies, or other bodies where required for compliance with legal requirements.
- We may use the information to respond to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights, or defend against legal claims.
- We may share information where we believe it is necessary in order to investigate, prevent, or take action against any illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
- We may share information where we believe it is necessary in order to protect or enforce MyWhoosh’s rights, usage terms, intellectual or physical property, or for the safety of MyWhoosh or associated parties.
- We may share information about you if MyWhoosh is acquired by or merged with another company after ensuring such company offers an equivalent level of protection for personal data.
- We may share information about you for research, evaluation, and analysis purposes.

YOUR RIGHTS

You have certain rights in relation to the personal data we store about you as described below.

For Users in the EEA (“European Economic Area”), United Kingdom, and United Arab Emirates.

Right to be informed: You can have clear and concise information about what is done with your personal data and why.
- Right of access: You can access the personal data we store about you.
- Right of data portability: You may receive the personal data provided to a controller, in a structured, commonly used, and machine-readable format and may send that data to another controller.
- Right of correction: You can have incorrect personal data updated or removed.
- Right of erasure: You can have your personal data removed.
- Right to restrict processing: You may object to how the processing of your personal data is conducted based on our legitimate interests or for direct marketing purposes.
- Right to object: You have the right to have a mechanism to opt out of marketing communications at any time.
- Right not to be subject to automated decision making: You cannot be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affects you

2. For Residents of Kuwait:

Right to access: You can access the personal data we hold about you.
Right to rectification: You have the right to request us to change or rectify the data or remove it.
Right to erase, destroy or anonymize: You have the right to request us to remove your personal data upon the request for consent withdrawal or if the personal data is not required any longer to us for services provided by us.

3. For Residents of Bahrain:

Right to be informed: You can have clear and concise information about what is done with your personal data and why.
Right to object: You have the right to object to the processing of your personal data If the processing of that data for the specific purpose that it was collected for, ceases to exist or where there are reasonable grounds according to which, processing for the specific purpose is likely to cause unwarranted substantial damage.
Right to access: You can access the personal data we hold about you.
Right to deletion, rectification or blocking: You have the right to request to rectify, block or erase your personal data when the processing of such data is inaccurate, incomplete, or outdated.
Right to not be subjected to automated decision making: You cannot be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affects you.
Right to data portability: You have the right to request a copy of any and all data collected by us in a machine-readable and easy-to-read format.

4. For Residents of Oman:

Right to withdraw consent: You have the right to revoke any consent that we may have obtained from you at any stage of your browsing journey from further processing.
Right to request a modification to data collected: You have the right to request data collected on you by us to be changed, updated, or withheld in case it is incomplete or obsolete.
Right to data portability: You have the right to request a copy of any and all data collected on you by us in a machine-readable and easy-to-read format.
Right to erasure: You have the right to request that we remove your personal data.
Right to be notified: You have the right to be notified of any data breaches or changes to the organization’s data collection and storage mechanisms.

5. For Residents of Qatar:

Right to withdraw consent: You have the right to revoke any consent that we may have obtained from you at any stage of your browsing journey from further processing.
Right to object to processing of personal data: You have the right to object to the processing of your personal data if such processing is not necessary.
Right to omission or erase of personal data: You have the right to request the erasure or deletion of your personal data if the processing is not necessary or the purpose of the processing ceases to exist.
Right to correction: You have the right to request corrections to your personal data by means of a verified request.
Right to access: You can access the personal data we hold about you.

6. For Residents of Saudi Arabia:

Right to information: You have the right to know the exact purpose for which your data is being collected, the methods used for data collection, and whether such data will be shared or sold to others.
Right to request correction: You have the right to request the correction of any data that has been collected about you if it is incomplete, inaccurate, or outdated.
Right to request destruction: You have the right to request the destruction of any data that has been collected about you.
Right to limit or restrict processing: You have the right to limit or refuse the processing of your personal information by the organization under specific circumstances.
Right to data portability: You have the right to obtain your personal data in a clear and readable format and request its transfer to another data controller.

7. For General Users:

If you are a data subject living outside the territories of the above-mentioned countries, the following rights are generally applicable and can be exercised by you:

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to the processing of your personal data.
Request restriction of your personal data.
Request transfer of your personal data.
Right to withdraw consent.

To exercise any of your rights, please contact us at privacy@mywhoosh.com. Please note that before responding to any requests to exercise your rights, we will require you to provide us with proof of identity and your address. We must respond to a request by you to exercise those rights

without undue delay and at least within one month (although this may be extended in certain circumstances with prior notification to the requestor).

You will have control over changing your account particulars, including your height, weight, and other profile information through your profile settings. Similarly, you will also have the choice to unsubscribe from promotional emails by clicking on the “unsubscribe” link in each email. You may, however, still receive non-promotional emails, for instance, of updates available, password changes, etcetera. You may also opt out of push notifications generated by the App by changing your device settings. Please note that even after you remove certain information, we may still retain some of it to fulfill certain legal requirements in accordance with our data retention policy.

INTERPRETATION

This policy is written in English (US) and supersedes any other translated version of the same document or the meaning it may imply.

CHANGES TO THIS PRIVACY NOTICE

We may change this Privacy Notice from time to time. If there are any changes, you will be notified via email, or a notice will be displayed on the MyWhoosh website. The date this Privacy Notice was last updated appears at the top of this document.