Privacy Policy

Effective: 25^th March 2024

This Privacy Policy (“Policy”) describes how Oner Active Austria GmbH (referred to hereafter as “Oner Active,” “we,” “our” or “us”) collects, uses, discloses, and protects your personal information in connection with our websites (“Site”) and social media pages that we own and control (collectively, the “Services”). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, and how you can reach us to get answers to your questions. Please note, our privacy practices are subject to the applicable laws of the places in which we operate.

1. Categories and Sources of Personal Information We Collect

The personal information we collect depends on how you interact with us, the Services you use, and the choices you make. We collect personal information about you in different ways and from different sources, including through the Services we provide.

Personal Information You Provide to Us

You provide personal information to us in various ways, including when you create or modify an account with us, use our Services, make a purchase from us, ask us for information about our Services, sign up for an event, enter a contest or sweepstakes, contact the customer relationship center, or otherwise communicate with us. For example, we collect:

• Identifying information such as your name, email address, billing address, delivery address, phone number, profile data, such as your username and password that you set to establish an online account with us and other information you may choose to submit or include in your account profile, such as your birthday, size, interests, height, fitness habits and goals.

• Commercial information such as information related to your orders that you place; payment transactions; payment data required to process your payment (such as your credit or debit card numbers and other payment or billing information) and your order history as well as such as records of products or services purchased, obtained, considered, sold, or used.

• Communications data such as information within messages we exchange when you communicate with us, when you request support, contact us with questions or feedback, communicate with us, complete our surveys, or engage with us on social media.

• Audio data, or similar information such as audio recordings from customer service calls.

• Other information not specifically listed here, which we will use in accordance with this Policy or as otherwise disclosed at the time of collection.

Information Automatically Collected

We, our service providers, and third-party partners may automatically collect information about you and your device that you connect to the Services, including:

• Device and network data such as the type of device, hardware model, MAC address, operating system, version, settings, configuration, network-related information (for example, IP address, mobile network provider, etc.), the website you visited before browsing to our website, and general location information such as city, state/province, or geographic area.

• Internet or other electronic network activity information such as the following information when you browse our Site or use our other online Services: information about your online activity and interaction with our Services such as access times, webpages or content viewed, features used, how the webpage or online feature performed, and other websites visited.

• Geolocation data from your device, depending on your settings. You may use device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information necessary for certain Services, those Services may not function correctly or be available for use.

Information We Generate About You

We generate personal information from the personal information we collect. For example:

Internet or other electronic network activity information, such as when you search for products on our Site, we generate results that fit your criteria and allow you to save results, so they are available to you in future visits. When you browse our Site, we may infer your zip code/postal code, city, province, state, and/or country location based on your IP address in order to provide you with relevant information.

We may also process inferred preferences data, such as when we use information about your past purchases for marketing, advertising, or other purposes.

Information From Other Sources

We obtain personal information from others when you direct them to disclose information to us and from these sources:

• Data providers: We may receive personal information about you from information services and data licensors, where we are permitted to do so under applicable privacy laws.

• Publicly available sources: We may obtain personal information (such as demographics) from publicly available sources such as government databases or other data in the public domain as well as information that is publicly available online on social media, networking, and other sites, where we are permitted to do so under privacy laws. If you communicate with us or mention us via social media (such as Meta Twitter, Google) or other third-party online platforms, we may collect information about you, such as the communications, your name, your user ID, and/or username associated with that platform and any information or content you have permitted the platform to share with us. The platform provider’s privacy notice, if any, will apply to your interactions with the platform and its collection, use, sharing, and other processing of your personal information (including when you interact with pages we maintain on social media platforms). You should check your privacy settings in your social media or other third-party accounts to understand and change the information available to us through those services.

• Business partners: With your consent where required under applicable law, we receive personal information from other companies we work with to offer services to our customers or to reach potential customers with our marketing messages.

• Law enforcement agencies, courts, regulatory agencies, and others: We may receive personal information from government agencies or courts for legal compliance purposes, to protect your personal safety or the safety of others, to protect our or others’ rights or property, or to investigate fraud.

• Parties to corporate transactions: We may receive personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or at transfer, divestiture, or sale of all or part of a business or assets.

We may combine personal information about you that we receive from any of the above sources and use that combined information for the purposes set out in this Policy.

Cookies and Other Similar Data Collection Technologies

Our Site uses cookies, pixels, tags, trackers, and similar digital technologies to operate and to help collect data. Cookies serve to make our offer more user-friendly, effective and secure, and to enable the provision of certain functions. Cookies are small text files placed on your computer and stored by your browser. A cookie contains a characteristic character string that enables your browser to be uniquely identified when you visit the website again.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted at the end of your visit or your browser session (so-called transient cookies). Other cookies remain stored on your end device for a specified period of time or until you delete them (so-called persistent cookies). These cookies enable us to recognize your browser on your next visit. On written request, we are happy to provide further information on the functional cookies used. Please use the above contact information.

You can set your browser so that you are informed about the settings of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. You can regularly obtain the procedure for deactivating cookies via the 'Help' function of your Internet browser. If cookies are deactivated, the functionality and/or the full availability of this website may be restricted. For further cookie-specific setting and deactivation options, please see the individual explanations below for the specific cookies and associated functions/technologies used when you visit our website.

Some of the cookies that we use on our website are from third parties that help us analyze the effectiveness of our website content and the interests of our visitors, measure the performance and performance of our website. For example, our Site uses third-party tools (such as Google Analytics and other Google service as well as Hotjar), to support the operation and performance of our online Services and to analyze your interactions and experiences with our Services.

Our Site also allows third-party advertising partners to use cookies and other digital technologies to collect or receive information regarding your activities on those Sites (e.g., your IP address, page(s) visited, time of day, and other identifiers). We may also disclose such information we have collected to advertising and analytics companies. These companies may use this information (and combine it with information collected over time and across other websites, apps, or other digital services) to deliver targeted advertisements to you, to provide measurement services when you use our Services, and when you interact with other websites. This practice is commonly called “interest-based advertising” or “online behavioral advertising.”

Our use of the cookies and other third-party marketing technologies could be considered a “sale/sharing” or “targeted advertising” in certain jurisdictions where you may have the right to opt-out.  Please refer to section titled, How to Exercise Your Privacy Rights for information on opting out of the use of your data for advertising purposes.

2. Our Use of Personal Information

We use the personal information we collect for purposes described in this Privacy Notice or otherwise disclosed to you. For example, we have in the past used and may use personal information for these purposes:

• Delivery of our Service. We may use your personal information to provide and deliver our Services, including to: provide, operate, and improve the Services and our business; develop and/or improve products or services; create and administer your account; provide customer service (including to respond to your requests, resolve disputes, and/or troubleshoot problems); fulfill your orders and process your payments; administer your participation in our Loyalty Club and other offers and promotional programs we may provide, such as contest and sweepstakes; and communicate with you about the Services, including sending you announcements, updates, security alerts, and administrative notifications (such as security or support and maintenance advisories).

• We may work with third-party advertisers and social media companies that display ads on our Services and other sites. These companies may use cookies and other technologies to tailor the ads you see to your interests. These ads are known as interest-based advertisements.

• Marketing and Promotional Communications. We may send you offers. You can opt out of our marketing and promotional communications as described in the Opt-Out of Marketing Communications section.

• Compliance and Protection. We may use your personal information to support our compliance with valid inquiries and directives from law enforcement, government agencies, or others; in the event of exigent circumstances; to enforce the terms and conditions that govern the Services; to prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical, or illegal activity (including cyberattacks, identity theft and other violations of law and/or contracts) to protect the rights, safety, privacy of us or others.

3. Our Disclosure of Personal Information

We disclose your personal information as described below and as otherwise described in this Privacy Notice or at the time of collection.

• Service providers. We may share your personal information with companies and individuals that provide services on our behalf or help us operate the Services or our business (such as customer support, payment processors, vendors that help us verify your eligibility for a student discount, hosting, analytics, email delivery, and marketing). Our service providers are not authorized to use personal information for their own purposes.

• Professional advisors. We may disclose your personal information to professional advisors such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

• Advertising and Data Analytics Companies. See the Cookies and Other Similar Data Collection Technologies section of this Policy for a description of how we work with advertising and digital analytics providers.

• Social Media Platforms. We may disclose your hashed email address from our marketing database or other information we have collected as described in this Privacy Notice to social media advertising platforms, such as Meta, so that they can create custom audiences and deliver advertisements on our behalf to you and others.

• Law Enforcement Agencies, Courts, Regulatory Agencies, and Others. We may disclose your personal information when we believe that doing so is necessary to: comply with applicable law or respond to valid legal process (including from law enforcement, other government agencies, the courts or others);detect, investigate, prevent or otherwise address fraud or privacy issues; operate and maintain the security of our products, including to detect, investigate, prevent, stop, or remediate an attack on our information systems or networks; protect the rights or property of ourselves or others (including by enforcing our agreements, terms, and policies).

• Parties to Corporate Transactions. We may disclose your personal information as part of a proposed or completed corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution or proceedings involving a transfer, divestiture, or sale of all or a portion of our business or assets. This may include disclosures to recipient parties’ representatives.

4. Our Retention of Your Personal Information

Except as otherwise permitted or required by applicable law or regulation, to satisfy any legal or regulatory obligations, or to resolve disputes, we will retain your personal information for as long as necessary to fulfil the purposes for which we collected it. In determining what constitutes an appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and whether those purposes can be achieved through other means.

5. Choice and Control of Personal Information

Privacy rights. You may be able to exercise privacy rights with respect to the personal information we process as described in the “Your Rights” section of this Policy.

Opt-outing of Marketing Communications.

• Email communications. You may opt-out of marketing-related emails by following the unsubscribe instructions provided at the bottom of any email you receive from us. Despite opting out of marketing-related emails, you may continue to receive service‑related and other non-marketing communications (including notices of updates to our Terms & Conditions and/or Privacy Policy).

6. Your Privacy Rights

You may have certain rights regarding our processing of your personal information. Depending on your jurisdiction, applicable law may entitle you to additional consumer rights, including the right:

• Right to Know/Access. You can request information about the categories of personal information we have collected; the categories of sources from which we collected personal information; the business or commercial purposes for our collecting, sharing, and/or selling personal information; the categories of any personal information that we have sold or disclosed for a business purpose; and the categories of any third parties to whom we sold or shared personal information, or disclosed personal information for a business purpose. Where available under the applicable law, you can request that we transfer to you your personal information in a commonly used electronic format to allow you to transfer the personal information to another entity.

• Right to Correct. You can request that we correct inaccurate personal information that we have collected about you.

• Right to Delete. You can request that we delete your personal information. Please note that once we process a deletion request, we may be unable to provide support to you for past products or services you may have purchased.

• Opt out of Targeted Advertising/Sale. You can direct us not to “sell” your personal information for valuable or other monetary consideration, or “share” your personal information for cross-context behavioral advertising and targeted advertising.

• Right to Appeal. Depending on your state of residence you can appeal the decision on your request by emailing us at info@oneractive.com.

• You can exercise the rights described above free from discrimination as prohibited by applicable laws.

We do not use “sensitive personal information” for the purpose of inferring characteristics about you or other reasons besides those permitted by applicable laws. For this reason, we do not treat the sensitive personal information as subject to a right to request that we limit its use and, therefore, we do not offer a way for you to submit such a request.

We do not have actual knowledge that we have sold or shared the personal information of individuals under 16 years of age.

7. How to Exercise Your Privacy Rights

• Right to know/access, correct, and delete. You may submit requests to exercise these rights by submitting the form HERE for each specific request, by contacting as at info@oneractive.com. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

• Opt out of sale and sharing for targeted advertising. If you would like to opt out of sale and sharing of personal information other than through cookies or other online tracking technologies, you can do so by filling out the request form HERE. You can also submit a request to opt-out of sale and sharing for targeted advertising through online tracking technologies (such as certain cookies) by clicking the Your Private Choices link in the footer of our site. Your request to opt out of online tracking technologies will apply only to the browser of the device from which you submit the request. California and Colorado residents may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to ensure that the browser or browser extension you use supports the GPC signal.

• Verification of Identity. We will need to verify your identity to process your right to know, access, correction, or deletion requests. To verify your identity, as permitted by applicable law, we may require authentication into your Services account, personal information that we can match against information we may have collected previously, or confirmation of your request using the email address or telephone number associated with your Services account.

• Authorized Agents. As available under applicable law, you may use an authorized agent to make requests on your behalf to exercise your rights. In responding to an agent’s request(s), we will require the agent to provide proof that you gave the agent signed permission to submit the request(s). Depending on the circumstances, we may also require you to (i) verify your identity directly with us and (ii) confirm with us that you provided the authorized agent permission to

8. Children and Minors

Our website is not intended for or directed to children under the age of 16. We do not knowingly collect or use any information from consumers younger than 16 years of age.  We do not knowingly collect personal information directly from children under the age of 16 without parental consent. If we become aware that a child under the age of 16 has provided us with personal information, we will delete the information from our records.

9. California’s “Shine the Light” Law

If you are a California resident, you are entitled, once a year, free of charge, to request information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year.

10. Notice of Financial Incentive and Notice of Loyalty Program

We may offer various programs (such as a loyalty club and a student discount program (Programs)) that may constitute a financial incentives or loyalty programs under applicable privacy laws. We provide details regarding these programs in the chart below. The following parties are our Program Partners and the benefits they provide to you as part of the Program:

You have the right to withdraw from these programs and may do so by following the instructions provided in accordance with the relevant program’s terms. To withdraw from each of the relevant programs, you may contact us at [add email] and indicating the Program from which you wish to withdraw.

The value of the incentives provided in relation to the relevant programs depends on various factors such as: the benefits and insights that we realize and expect to realize when you continue to use our Services; sales directly or indirectly generated from participation in each program; whether the sales generated by the program exceeds the cost to us of offering the program; how many users sign up for the program; and increased goodwill toward us.

11. Changes to this Privacy Policy

We will update this Privacy Notice from time to time for any reason in our discretion. If we make material changes to the Privacy Notice, we will notify you by providing a new notice and changing the effective date listed in this Privacy Notice. Any modifications to this Privacy Notice will be effective upon our posting of the modified version as described above (or as otherwise indicated at the time of posting).

13. How to Contact Us

ONER ACTIVE Austria GmbH

Eduard Bodem Gasse 3

6020 Innsbruck, Austria

info@oneractive.com