OuiLive App Privacy Policy

1. When can we collect personal data about you?

We receive and process certain information, which may include personal data about you when you access and use the App, including when you complete any information form on the App or when you register or update your user account information.

2. What personal data do we collect ?

A) User details 

When you contact us via our website, by filling in the application forms for the creation of, and/or participation in a challenge, we will process your personal data in order to contact you again, by phone and/or by email in order to inform you about our services and promotional offers. The processing of your personal data is therefore based on your prior consent for us to contact you for promotional marketing purposes.

B) Connection data 

When you log in to the App we collect your login data, which is information that is automatically recorded by our servers when you access or use the App. We also collect data related to the device you use to connect: operating system and version, phone model, manufacturer.

C) PHYSICAL ACTIVITY data AND CHALLENGE PERFORMANCE

When you use the App, you may share certain data about yourself with other users, such as sports performance and movement data, in particular as part of the sports challenges in which you decide to participate via the App. This collection is done mainly via Android through the “OuiLive Pedometer”.  The pedometer specific to the App is directly connected to the sensors in your phone. Using these sensors, our pedometer can calculate the number of steps you take every day.

Some challenges also involve taking or sending photos and/or videos to OuiGroup’s database in order to accomplish certain objectives related to those challenges. These photos/videos can only be viewed by OuiGroup staff for verification and moderation purposes and by other challenge participants if the user has agreed to such sharing.

D) PHYSICAL ACTIVITY data COLLECTED via THIRD-PARTY SERVICES

Some phones do not have the sensor needed to run the App. To be compatible with all mobile devices, OuiGroup offers an API (application programming interface) with certain third-party apps so as to retrieve your physical activity data.

OuiGroup will only be able to retrieve the physical activity data collected by these third-party apps after having obtained your explicit consent to such collection. When using these third-party apps, we will also only access the data that is strictly necessary for the operation of our App, i.e. data relating to your sports and movement performance.

However, we will not access data that is not required for the operation of our App that may otherwise be collected by these third-party apps, for example, your geolocation. This collection of your data via third-party apps can be done in different ways, depending on the service concerned:

• Health (Apple): The App asks permission to connect to your “Health” app that is installed on your phone by default. The requested permissions are: ‘Distance (walking and running)’, ‘Number of steps’. Once the permissions are granted, OuiLive retrieves your total steps and distance walked directly from ‘Health’. OuiLive does not have access to the other data listed in your Health app.
• Fit: You can connect your user account on the App to the Google Fit App.  You have to set up the Fit app with your Google account and grant the necessary permissions. Once Fit is set up you choose the same Google account in the App. OuiGroup then has access to the number of steps and distances collected by the Fit app.
• Fitbit: you can connect your Fitbit account to our app so that we can retrieve your user ID, which we can use to access step and distance data from your Fitbit devices.
• Garmin Connect: you can connect your Garmin Connect account to our app so that we can retrieve login information that we can use to access step and distance data from your Garmin devices.
• Huawei Health: The App asks permission to connect to the “Huawei Health” app which is set up on Huawei phones by default. The requested permissions are: ‘Distance walked’, ‘Number of steps’. Once the permissions have been granted, OuiLive will retrieve your total steps and distance walked directly from ‘Huawei Health’. OuiLive does not have access to any other data listed in your Huawei Health app.
• Polar:
• Strava:

OuiGroup does not collect this information initially, but we encourage you to read the privacy policy and terms and conditions of use specific to these third-party services.

3. For what purposes and legal bases do we collect your personal data?

We collect, process and store your personal data for the following purposes and on the following legal bases:

• When you use the App and create a user account, your contact and login details will be processed and stored to allow the creation of your user account and your connection to the App, following the commitments of our terms and conditions. The processing of your personal data is therefore necessary for the execution of the user contract with OuiGroup when you decide to use our App,
• As part of the correct administration of the App, we may also use your contact details to send you emails regarding your registration on the App, information emails, technical notifications, updates and security alerts. The processing of your personal data is therefore also necessary for the execution of the user agreement entered into with OuiGroup when you decide to use our App and also based on our legitimate interest in administering our App,
• We also process your image (photographs and videos taken during challenges) as well as data relating to your physical activity and your performance in the challenges you participate in. This data is processed to allow you to participate in the challenges organised via the App. The processing of this data is based on your specific consent to the collection of such data by OuiGroup. Where this data is otherwise collected by the organisation responsible for the challenge concerned, we will only process this data on the instruction of and as a subcontractor of that organisation. We therefore encourage you to refer to the applicable privacy policies within that organisation to exactly understand the purposes and legal basis for which your organisation processes personal data about you and collects them via our App.

4. Who will have access to your personal data?
   

Your personal data will only be accessible by authorised persons within OuiGroup and for the strict purpose of the performance of their tasks. This may include members of the following teams: customer service, support and technical support.

We may also share your personal data in the following situations:

• Your personal data will be stored within the infrastructure of our host located in Europe, allowing us to provide access to the App in compliance with the contractual conditions signed with this hosting provider and not derogating from the conditions of this privacy policy.
• Your personal data may be made available to our technical service providers, including our App error report analysis service provider, and our email routing and push notification service providers.  Some of these service providers are located in the United States, a third-party country not recognised by the European Commission as having an adequate level of protection concerning personal data. However, we have taken care to ensure that these service providers respect the confidentiality of our personal data and have concluded the European Commission’s standard contractual clauses with them to regulate this transfer of data to the United States.
• Your personal data may also be given to the police if need be, (on judicial requisition) or to any person legally entitled to receive this information (by court order). Where appropriate, you are also reminded that the organisation to which you belong, and which has allowed you to use the App to participate in a challenge will also have access to your personal data.  This same organisation may also collect personal data about you via the App, for its own purposes.

We therefore also encourage you to refer to the privacy policies applicable within your organisation in order to understand how it processes your personal data and how it collects if via the OuiGroup App. 

In compliance with European data protection regulations, OuiGroup has entered into a subcontracting agreement with your organisation to host and process your personal data on behalf of that organisation.

5. How will your data be hosted and stored?
   

We ensure that users’ personal data is correctly and appropriately secured and have taken the necessary precautions to preserve and ensure that our hosting company preserves the security and confidentiality of the data and, in particular, prevents it from being misrepresented, corrupted or communicated to unauthorised persons.  If necessary, you will be notified of any security breach in strict compliance with the applicable regulations.

All personal data will be destroyed immediately upon deletion of your user account on the App or upon withdrawal of your consent concerning the data collected based on your consent.

Sports performance and rankings related to sports challenges on the App are also deleted within one month of the end of the challenge.

6. Exercising your rights

In compliance with the European data protection regulations, you have the following rights: 

• A right of access allowing you to know at any time whether or not your personal data are being processed by our services and when they are, to have access to this personal data and to the information required by law regarding how these data are processed.
• A right of rectification allowing you to request that any inaccuracies concerning personal 
• Data concerning you be corrected as soon as possible,
• A right to deletion, allowing you to request that your personal data be deleted as soon as possible when (i) their retention is no longer necessary for the purposes for which they were collected (ii) you have objected to the processing and therefore wish that they be deleted (iii) the data have been subject to unlawful processing; (iv) the data must be deleted to comply with a legal obligation that is provided for either by European Union law or by French law,
• A right restrict the processing of your personal data (i) when you dispute the accuracy of the personal data collected during the period necessary to verify the accuracy of them, (ii) when following processing established as non-compliant you prefer the restriction of processing to the complete deletion of the data (iii) when the personal data are no longer necessary for processing but are still necessary for the establishment, exercise or defence of legal claims; (iv) when you have objected to the processing and you wish to restrict the processing for the period necessary to verify whether the legitimate reason invoked is justified,
• A right to portability allowing you to receive your personal data in a structured, commonly used and machine-readable format, or to request that this personal data be transferred to another data processing party, provided that this request for portability relates to personal data that you have directly provided and that concerns you and that this request for portability does not infringe the rights and freedoms of third parties,
• A right to object to the processing of your personal data for reasons relating to your particular situation, when the processing in question will then be terminated unless there are compelling legitimate grounds justifying the continuation in compliance with the applicable regulations,
• The right to specify guidelines relating to the storage, deletion and disclosure of your personal data after your death,
• If the processing of your personal data is based on your consent, you also have the right to withdraw this consent at any time.

These rights can be exercised by contacting us directly at the following email address : confidentialite@ouilive.co

Complaints relating to the use of your personal data may, if necessary, also be addressed to the Commission Nationale de l’Informatique et des Libertés, 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX