Privacy Policy

Global Privacy Policy of NEW ERA SPORT TECHNOLOGIES S.r.l. operating under the designation T-NES

Effective date: July 1, 2020

Last updated: February 18, 2021

NEW ERA SPORT TECHNOLOGIES S.r.l. operating under the designation T-NES (hereinafter “T-NES”, “we” or “our”) and its affiliates recognize the importance of protecting the personal data we may collect from visitors, users and any other individual or entity (“Users”, “ her” or “his/her”). This Privacy Policy applies to the privacy and data collection practices of T-NES and when we collect personal data through your use of the website, www.T-NES.com and other T-NES related sites, software and applications accessible on or through any T-NES top level domain owned by us, including our mobile products (“Products” or “Apps” and collectively “Applications” or “ Apps"), via our social media pages that we monitor, and via email messages we may send to you (collectively, the "Services"). Note that this Privacy Policy excludes services claimed to be offered under a different privacy policy.

Our Privacy Policy explains: (1) what data we collect; (2) why we collect them; (3) how we use that data; (4) how we may share them; (5) the choices we offer, including how to access and update your data; (6) the measures we take to keep your data secure. Specifically, our Privacy Policy covers the following topics:

Please familiarize yourself with our privacy practices. Your use of the Apps or Services represents your consent to this Privacy Policy. If you do not accept this Privacy Policy, please do not use the Apps or Services.

Regardless of the country in which you live, you authorize us to transfer, store and use your data in the United States and in any other country in which we operate. In some of these countries, privacy and data protection laws and regulations regarding when government authorities can access your data may vary from those in the country where you live. More information about our data transfer operations can be found below in the “International Transfers” section. If you do not agree to the transfer, storage and use of your data in the United States and any other country in which we operate, please do not use the Applications or Services.

If you have any questions or comments about this Privacy Policy, please send a request to info@T-NES.com.

When does this Privacy Policy apply

Our Privacy Policy applies to all Services offered by T-NES or to the use of our Applications, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be shown to you, or other sites linked through our products or Services. Our Privacy Policy does not cover the information practices of other companies and organizations that advertise our Services and who may use cookies, pixel tags and other technologies to serve and serve relevant ads.

Terms of use

By accessing or using the Applications in any way, you also agree to be bound by T-NES Terms of Use ("Contract"). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, do not use the Products.

Data we collect

We collect information, including Personal Data, to provide better services to all of our Users. We use the term “Personal Data” to refer to any data that identifies you or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity such as a username or alias, information about your device and certain metadata.

“Sensitive Personal Data” refers to a narrow subset of Personal Data that is considered to be more sensitive to the individual, such as race, biometric data, physical health information, or gender.

When you use our Services, we collect Personal Data in the following ways:

Information you provide to us

Website

During your assessment of whether T-NES sports performance technology is right for you, you may choose to provide us with Personal Data about you, including your name and email address, by completing forms on our website, or when creating and 'log in to your account on our Applications. On our website, we will also collect financial data such as payment card information and bank account numbers in order to process transactions for certain services.

In some circumstances, you may choose to provide us with information relating to your location and address. You may also provide us with Personal Data about you when you report a problem or have a question about our services.

The Applications offer interactive and social features that allow you to submit content and communicate with us. You may provide us with Personal Data when you post information through these interactive and social features. Please note that your postings in these areas of the Applications may be publicly accessible or accessible to other Users.

Mobile products

Some data is required when you create an account to use our Services on mobile products, such as your name, email address and password.

Additionally, to enhance your experience with the Services, you may choose to provide additional information such as your gender, date of birth, height, weight, country location, race, fitness level, sporting activities, dietary habits, historical biometric data, and more information about fitness. You may choose not to provide certain information, but you may not be able to register on the T-NES or take advantage of some features of the Services.

When your device syncs with T-NES products, some data recorded on your device is transferred from your device to our servers.

Some of this data may be shared with Apple Health applications if you enable sharing of Apple Health information. Please note that Apple's privacy policy governs the treatment of any data stored in Apple Health products.

Data we obtain from your use of our Services

We collect certain data automatically, such as your operating system version, browser type and internet service provider. We also collect data about your interactions with the Services, such as creating or logging into your account, or opening or interacting with the Services on your mobile device. When you use our Products, we automatically collect and store this information in service logs. These include: details of how you have used our Products; the internet protocol address; cookies that uniquely identify your browser, the referring web page and the pages visited. We may also collect and process data about your current location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may retain or associate it with Personal Data we collect in other ways or receive from third parties.

Social Networking

When you use our Services or when you use the social networking services of certain third parties (for example, Facebook or Twitter) (both a “Social Network”), you may have the option to link your T-NES information or activity with that Social Network and its users, and to access some of your information on the Social Network, as indicated at the time you consent to the connection. The information we may share with a Social Network may include technical information about its activity on the T-NES and more. The information about you that we may access, with your consent, from a Social Network, may include basic information about the Social Network, data about your location, contact list, friends and followers, some information about your activities on the Social Networking and more. If you allow a Social Network to connect to T-NES, we and that Social Network may be able to identify you and associate the data we receive under that connection with the data we already hold about you. We advise you to familiarize yourself with the privacy policy and privacy control options of the Social Networks with which you choose to share data or connect a T-NES Service.

Cookies and similar technologies

We and our partners use various technologies to collect and store information when you visit one of our services and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with our partner services, such as advertising services. Our third party advertising and analytics partners include Google and similar partners.

The technologies we use for this automatic data collection may include:

Cookie. A cookie is a small file placed on your computer's hard drive. You can refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may not be able to access some parts of our services. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our services. For more information on our use of cookies, including details on how to refuse certain cookies, please view our Cookie Policy.

Web Beacon. The pages of our services or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that allow us, for example, to count Users who have visited these pages or opened an email and for other website-related statistics (for example, tracking the popularity of certain website content and verifying system and server integrity).

Data clickstream. Clickstream data is information collected by our computers when you request web pages from the Applications. Clickstream data may include information such as the page served, the time spent viewing the page, the origin of the request, the type of browser making the request, the previous page viewed, and similar information. Clickstream data allows us to analyze how visitors arrive at Applications, what type of content is popular, what type of visitors in the aggregate are interested in particular types of content on Applications.

Collected data

We obtain the categories of Personal Data listed above from the following categories of sources:

Directly from our customers or their agents.
Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing Services to them.
Directly and indirectly from your activity on our website (T-NES.com/) or applications. For example, from the details on the use of the website that are collected automatically. Also, like many companies, we use "cookies" which are small text files that a website can use to recognize repeat users, facilitate access and continued use of the site and to track usage behavior, to example, of the pages you visit.
From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram and Pinterest.
From third parties who help provide certain transactions and services, even if you have the impression that you have not left our Site.

How we use the personal data we collect

We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including the following purposes:

To present, operate and improve products and Services, including analysis of product activity;
To inform you about the Services and products available on the T-NES;
To validate your identity or verify communications from you;
To offer and administer programs;
To personalize or tailor your experience of the Services;
To communicate and administer your participation in special programs, surveys, contests, online campaigns, online programs, sweepstakes, sweepstakes, and other offers or promotions, and to provide relevant emails;
To send you confirmations, updates, security alerts and for administrative and support messages and to facilitate your use, and our administration and management, of the Services;
For marketing purposes, including to facilitate interest-based advertising, create traveler profiles, create custom audiences to target online and mobile advertising, deliver integrated marketing messages across channels and devices, tailor the marketing of emails we send you, sending other promotional materials, notifying you of special promotions, offers, events or opportunities that may be of interest to you and more;
To improve our customer service, conduct customer satisfaction surveys, market research and quality control;
To respond to and support users regarding their use of the products and Services;
To process job applications submitted through the Applications;
To administer general data retention;
To comply with all applicable legal requirements;
To perform data analysis and testing;
To use the statistical data we collect in any way permitted by law, including from third parties in connection with their business and marketing activities;
To enforce our Terms of Use and other agreements;
To investigate possible fraud and other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
To resolve disputes;
To otherwise fulfill the purpose for which the data was provided.

We and our service providers may use IP addresses to understand where our Users access the Services from. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We may also supplement the information we collect with data obtained from third parties. We will treat any information that we combine with your personal data as Personal Data in accordance with this Privacy Policy.

We use the information collected by cookies and other technologies to improve your user experience and the overall quality of our services. We may use your Personal Data to see which web pages you visit in our Applications, which website you visited before arriving on our Site and where you continue browsing after you leave our Applications. We can therefore develop statistics that help us understand how visitors use our Applications and how to improve them. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using the information for a purpose other than those set out in this Privacy Policy.

Our legal basis for collecting your personal data

We have set out below, in table format, a description of all the ways we expect to use your Personal Data and what legal basis we rely on to do so. We have also identified, where appropriate, what our legitimate interests are.

	Purpose/Activity		Data type		Legal basis for processing including the basis for legitimate interest
To register you as a new customer		● Identity (for example, data that identifies you) ● Contact (for example, your contact details)		Enter into a contract with her
● Manage payments, commissions and charges ● Collection and recovery of money owed to us		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Financial (for example, payment details) ● Transaction (for example, the services you purchase) ● Marketing Communications (for example, your direct marketing preferences)		● Stipulation of a contract with you; and/or ● Necessary for our legitimate interests (to effectively manage our business)
To provide you with analytical information about your training through the use of our apps		● Identity (for example, data that identifies you) ● Health data (for example, data collected by the sensor, such as glucose levels) ● Race data (for example, your ethnicity)		● Stipulation of a contract with you; and/or ● To the extent that the information we collect is a special category of personal data, we rely on your explicit consent to process the data
To manage our relationship with you which will include: ● Notify you of changes to our terms or privacy policy ● Asking you to leave a review or take a survey		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Profile (for example, your profile as a user of the services)		● Stipulation of a contract with you; and/or ● Necessary to comply with a legal obligation ● Necessary for our legitimate interests (to keep our records up to date and to study how customers use our products/services)
To allow you to participate in an event, prize draw, contest or complete a survey		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Profile (for example, your profile as a user of the services) ● Usage (for example, measurement method on sensor and product usage) ● Marketing Communications (for example, your direct marketing preferences)		● Stipulation of a contract with you; and/or ● Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business); and/or ● Agree (in some limited cases)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and data hosting)		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Technical (for example, data relating to personal use of the sensor or the products)		● Necessary for our legitimate interests (to run our business, the provision of administrative and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise); and/or ● Necessary to comply with a legal obligation
To offer you relevant content and advertising on the website and to measure or understand the effectiveness of the advertising we serve to you		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Profile (for example, your profile as a user of the services) ● Usage (for example, measurement method on sensor and product usage) ● Marketing Communications (for example, your direct marketing preferences) ● Technical (for example, data relating to personal use of the sensor or the products)		● Necessary for our legitimate interests (to study how our customers use our products/services, to develop them, to grow our business and to define our marketing strategy); and/or ● consent
To use data analytics to improve our website, products/services, marketing, customer relationships and customer experiences		● Technical (for example, data relating to personal use of the sensor or the products) ● Usage (for example, measurement method on sensor and product usage)		● Necessary for our legitimate interests (to define the types of customers for our products and services, to keep our website up-to-date and relevant, to develop our business and to define our marketing strategy); and/or ● Consent
To provide suggestions and advice on goods or services that may be of interest to you		● Identity (for example, data that identifies you) ● Contact (for example, your contact details) ● Technical (for example, data relating to personal use of the sensor or the products) ● Usage (for example, measurement method on sensor and product usage) ● Profile (for example, your profile as a user of the services)		● Necessary for our legitimate interests (to develop our products/services and grow our business); and/or ● Consent
To evaluate potential employee candidates and make hiring decisions		● Employment history (for example, previous workplaces) ● Training path (for example, details on training certificates) ● Membership in professional registers (e.g. details of professional associations) ● Membership of trade unions ● Reference checks as an employee		● Necessary to comply with a legal obligation

In view of this, however, we will evaluate the necessity of our processing for the purposes of your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of the processing and any safeguards which are or which could be implemented. In any case, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

Failure to provide Personal Data

The provision of Personal Data is required in order to use certain Services and programs. In some cases, if you do not provide such Personal Data, you may not be able to access and use our Services, or parts of our Services.

Our retention of your Personal Data

We use and store your Personal Data for as long as necessary to fulfill the purpose for which it is processed, to advance legitimate business interests, as well as based on applicable legal requirements (such as applicable statutes of limitation).

After the expiry of the applicable retention periods, your Personal Data will be deleted. If there is data that we are unable, for technical reasons, to completely remove from our systems, we will put in place appropriate measures to prevent any further use of that data.

Sharing of Personal Data

T-NES cannot disclose your Personal Data to commercial suppliers for commercial purposes.

Sale of Personal Data

In the previous twelve (12) months, we have not sold any Personal Data.

Your privacy choices

You may have certain rights relating to your Personal Data, based on local data protection law. Each time you use our services, we intend to provide you with a choice in how we use your Personal Data. Taking into account the applicable law, you may obtain a copy of your Personal Data that we hold. Furthermore, if you believe that any of your Personal Data that we hold is inaccurate, under applicable law, you may have the right to request that we correct or amend the data by contacting us as set out below in the “How to Contact Us” section.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make an application on your behalf, you must provide a valid power of attorney, a valid government-issued applicant ID, and a valid government-issued authorized agent ID.

Specific privacy rights for residents of the European Union

The European Union's General Data Protection Regulation ("GDPR"), and corresponding legislation in the United Kingdom and Switzerland, gives European, Swiss and United Kingdom residents certain rights in relation to the Personal Data they have shared with us. If you are a resident of the European Economic Area, you may have the following rights:

The right to be informed. You have the right to be informed about the use of your Personal Data. This Privacy Policy provides you with that information.
Right to restriction of processing: You can request us to limit the processing of your personal data in specific cases, for example, where we no longer need it, but it is necessary for you, for the establishment, exercise or defense of legal claims judicial basis on the basis of our legitimate interests to allow us to verify whether our interest prevails over yours.
The right of access. You have the right to request a copy of your Personal Data that we hold.
The right to correction. You have the right to request the correction or modification of your Personal Data if it turns out to be incorrect or out of date.
The right to withdraw consent. You have the right to withdraw your previously given consent for the processing of your Personal Data for a specific purpose.
The right to be forgotten. You have the right to ask us, at any time, to delete your Personal Data from our servers and to delete your Personal Data when it is no longer necessary for us to keep such data. Please note, however, that deletion of your Personal Data will likely impact your ability to use our services.
The right to object (denial). You have the right to refuse consent for certain uses of your Personal Data, such as direct marketing, at any time.
The right to data portability. You have the right to a “transferable” copy of your Personal Data that you have sent to us. Typically, this means that you have the right to request that we move, copy or transmit your Personal Data stored on our servers or IT environment to another service provider's or IT environment's servers.
The right to refuse to be subjected to automated decision-making, including profiling. You have the right not to be subjected to a choice and to demand human intervention if the decision is based on automated processing and produces a legal effect or an equally significant effect on you.
The right to lodge a complaint with a supervisory body. You have the right to complain about our data processing activities by lodging a complaint with us or the Irish Data Protection Commission. You can contact her by emailing: info@dataprotection.ie. You can also contact your local contact person. A list of the Supervisory Bodies is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

You can exercise any of the rights described in this section by sending an email to info@T-NES.com. Please note that we may ask you to verify your identity and your request before taking further action on your request. We may respond to your request by letter, email, telephone or any other suitable method.

Our consent/deny policy

By providing an email address in the T-NES Applications or Services, you consent to us contacting you if we change this Privacy Policy, to provide you with any notices related to the Service, or to provide you with information about our events, invitations or educational information related.

For purposes of this Privacy Policy, “consent” is generally defined as any affirmative action by a User to send or receive information, as applicable.

We currently provide the following opportunities to opt-out:

1. At any time, you can follow a link provided in offers, newsletters or other email messages (except e-commerce confirmation or service alert emails) received from us to unsubscribe from the service.

2. At any time, you can contact us at info@T-NES.com or to the postal address or telephone number provided below to unsubscribe from the service and to refuse consent to our right, under this Privacy Policy, to share your Personal Data.

Notwithstanding any other provision in this Privacy Policy, please note that we always reserve the right to contact you if we change this Privacy Policy, or to provide you with any service-related notices.

Third Party Links

The Applications may contain links to web pages operated by parties other than T-NES. We do not control such websites and are not responsible for their contents or for the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites, or any association with their operators. Furthermore, it is the User's responsibility to take precautions to ensure that any links the User selects or any software the User downloads (whether from this Site or other websites) is free of materials such as viruses, worms, Trojan horses, defects and other materials of a destructive nature. These websites and services may have their own privacy policies, to which the User will be subject when linking to the third party's website. T-NES strongly advises each User to review the terms and policies of the third party.

International transfer

We may, directly or indirectly through third party entities around the world, process, store and transfer the information you provide, including your Personal Data, as described in this Privacy Policy. In particular, the information and Personal Data that we collect may be transferred to and stored in a location outside your jurisdiction. It may also be processed by personnel operating outside your jurisdiction who work for us or for one of the organizations described in this Privacy Policy in relation to the activities described therein. By submitting your information and Personal Data using the Applications, you acknowledge this transfer, storage or processing. We will take all necessary steps to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. We have implemented commercially reasonable technical and organizational procedures to safeguard the information and Personal Data we collect on the Applications.

Automated decision making.

We do not expect decisions to be made about you using automated means.

How we protect Personal Data

T-NES maintains administrative, technical and physical safeguards to protect your Personal Data and other information from accidental, illegal or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls and Secure Socket Layer (SSL) software or secure hypertext transfer protocol (HTTPS) to protect Personal Data.

While we take reasonable steps to protect your Personal Data, please note that no security system or means of data transmission over the internet guarantees total security (due to viruses, malicious software and hacker attacks). We cannot and do not ensure or guarantee the security of your Personal Data or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise that we will prevent such access, and we are not responsible for any damages or losses caused by any such incidents to the greatest extent permitted by law. Where required by law, we will notify you of any such loss, misuse or alteration of Personal Data that may affect you, so that you can take appropriate action.

To protect your privacy, please keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information in any emails you send to us. If you become aware of any violation of the terms of this Privacy Policy or the security of the Services, please notify us by email at privacy@T-NES.com.

Privacy of minors

The Applications and Services are not designed or intended for use by persons under the age of 16. If you are under the age of 16 (or if you are a minor in the jurisdiction where you access our Applications or Services), do not use the Services, do not make purchases through the Services, do not use any of the interactive features of the Services, do not post no Personal Data on our Applications, nor do you submit any Personal Data through the Services. We do not knowingly or intentionally collect Personal Data from children under the age of 16. If a minor has provided us with Personal Data, a parent or guardian of that minor may contact us to remove the data from our records. If you believe that we may possibly hold data about an individual under the age of 16 in the relevant jurisdiction, please contact us at privacy@T-NES.com. If we become aware that we have inadvertently collected Personal Data from an individual under the age of 16, or the equivalent minimum age in the jurisdiction, we will endeavor to delete the data as soon as possible and will cease using such data in accordance with the applicable law.

Direct marketing and “Do Not Track” signals

T-NES does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites track your browsing activities when they serve you content, which allows them to personalize what is presented to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to refuse consent to the collection of data by these technologies.

Changes to this Privacy Policy

Our Privacy Policy may change over time. We will not reduce your rights under this Privacy Policy without your consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide more prominent notice (including, for certain services or programs, email notifications or privacy policy changes). We will also keep previous versions of this Privacy Policy in an archive for your reference.

How to contact us

If you have any questions, comments or concerns about this Privacy Policy, or if you wish to exercise any of the above choices, please contact us:

Via email: info@T-NES.com

Or by writing to:

New era sport technologies s.r.l. Via Nomentana 175, 00161 Rome (RM)