This privacy policy ("Privacy Policy") describes how Letsense S.r.l. (“Letsense” or “Wiva” or “we” or the “Data Controller”) collects and uses your information and personal data through a variety of digital means. By accessing or using Wiva’s website, Wiva’s mobile applications or other Letsense’s products or services on any computer, mobile phone, tablet, console or other device (collectively, the "Device"), you consent to our Privacy Policy.

Letsense may modify this Privacy Policy at any time effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates thereof.

This Privacy Policy is incorporated into, and is subject to, the Terms and  Condions.

Any processing of personal data of the User under this Privacy Policy shall be carried out in accordance with the Italian Data Protection Act 196/2003, as subsequently amended (“Data Protection Act”).

This Privacy Policy is provided also for the purposes of Article 13 of the Data Protection Act.

1. Data Controller and Owner

The users using the products and services, applications, website, provided by Letsense (the “Users”), including, but not limited to, users of the Wiva Apps and Wiva’s website, acknowledges that the data controller of his/her personal data and information is Letsense S.r.l. – Strada Maggiore 90, 40100 Bologna, Italy, tax code and VAT number n. 03200291205, services@e-wiva.com

Letsense processes the data of the Users in a proper manner, according to the terms and conditions set forth in this Privacy Policy, and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the same.

2. Information collected

We collect the following data and information (collectively, the “Information”):

a. information you give us or permit us to access: this kind of information may include, but is not limited to, your name, image, birth date, email and physical address, telephone number, gender, contact lists, social media information and profile, activity and performance information, and when necessary, credit card information;

b. the data of your sport performances (depending on the sport’s app you are using);

c. data and information regarding your interaction with, and use of, our products and services. Information we may collect in this respect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

The personal data of the Users may be freely provided by the User, or collected automatically when using Letsense’s applications, software, platforms, devices, and websites.

Users are responsible for any data or information of third parties obtained, published or shared through Letsense’s applications, software, platforms, and websites and confirm that they have the third party's consent to provide such data and information.

The User is the sole responsible for the correctness, completeness and truthfulness of any data and information provided, recorded or uploaded or however made available to Letsense.

3. Interaction with third-parties for the purpose of acquiring data

We may combine information you give us with other information available directly to Letsense as a result of any upload made by you (on the website, in connection with the purchase, or otherwise). We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

4. How we collect Information

Letsense may automatically collect information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools").

5. Children's Privacy

We do not knowingly collect or solicit personal information from children under 13.

6. Using of the Information and data processing

We may use (including using, recording, storing and processing) your Information to do the following:

a. allow you to use the features of the Apps and Wiva’s websites, such as registration of the user in our website, and calculation and recording of your sport and activity performances;

b. enhance, customize and personalize your experience of the Sports Wiva App, and Wiva’s website, and communications with or to Letsense;

c. operate, provide, improve and maintain Letsense’s products and services, including analyzing User’s behavior, habits, performances, sport results, sport activity, and trends;

d. perform any obligations and enforce any rights relating to the sale and use of Letsense’s devices, products and services, including in connection with enforcement and court proceedings, and perform any accounting, fiscal, and legal obligations related thereto (whether merely internal or external);

e. send you administrative messages and communicate with you about your purchase, account information or customer service; send bills (if applicable);

f. send you promotional and commercial messages and other information about Wiva, Letsense’s products and services and events (via courier, e-mail, and SMS); send newsletters to you (via courier, e-mail, and SMS); perform commercial and selling activities (including direct/indirect selling);

g. processing/storing/recording of the Information, including for (i) the purposes of developing new products and services; and (ii) accounting, legal and tax purposes (invoicing and administrative management);

h. processing/storing/recording of the Information for ‘big data’ purposes and/or for market research purposes, statistical purposes and/or to analyze your taste/preferences and habits (whether in an aggregated or disaggregated form);

i. sell and/or transfer, directly or indirectly, your Information, whether anonymous or not, in isolated, disaggregated or aggregated form, to any third-party for ‘big-data’ purposes and/or for commercial purposes (including for delivery of commercial materials and direct/indirect selling), and/or for marketing/statistical/research purposes, in Italy, or in any country of the European Union and all non Eurepean Union Countries.

It is understood that, to the extent allowed and granted under applicable laws, the data and Information on which Letsense has been granted the right of use hereunder – shall be considered and deemed as owned by Letsense, provided the rights and limitations set forth under Article 7 or elsewhere in the Data Protection Act or under applicable laws and regulations.

7. Methods of processing

The Information will be processed using tools and procedures which are appropriate for assuring the security and confidentiality of the data, and may be done on both hard paper copy and using electronic data processing tools.

8. Place

The Information is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located.

9. Retention time

The Information is kept for 15 years, and the User can always request that the Data Controller suspend or remove his/her data/Information.

10.Obligation to provide the requested data

The Information that we collect from you is required for the regular performance of the features of the Wiva Sports Apps and of the services and features of the Wiva’s website. It should be noted that the non-provision, the impossibility to acquire or the subsequent request for deletion of any data required, shall cause the impossibility to start or continue any such services, features, and use by the User.

11.Communication, dissemination and knowledge of the data

The data shall not be transmitted to unspecified persons or entities in any form whatsoever, save as otherwise provided for hereunder. The data may be communicated to one or more specified persons or entities under the following terms:

a. to Letsense’s employees;

b. to public authorities and agencies (including Garante per la Protezione dei Dati Personali);

c. persons or entities who may access the data pursuant to EU and national laws and regulations or on the basis of court decisions, within the limits of such laws, regulations and decisions;