The terms “Data Protection Officer”, “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Data Transfer” “Processing”, “Purposes of processing” and “Supervisory Authority” shall have the same meaning as in Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data (“GDPR”), and their cognate terms shall be construed accordingly. Canyon undertakes to comply with the provisions of the GDPR and with any applicable privacy and data protection laws. Canyon technical and organizational measures aimed at assuring compliance with the GDPR and/or any other applicable data protection laws.

Collection and Use of Personal Data

Personal Data is data that can be used to identify or contact a single person.

You, as a Data Subject, may be asked to provide your Personal Data anytime Data Subject is in contact with Canyon and Canyon Affiliated Company*. Canyon on its own acts as a Data Controller of your Personal Data. Canyon and its Affiliates may share this Personal Data with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. Data Subject is not required to provide the Personal Data that we have requested, but, if Data Subject chose not to do so, in many cases we will not be able to provide Data Subject with our products or services or respond to any queries Data Subject may have.

Here are some examples of the types of Personal Data Canyon may collect and how we may use it:

What Personal Data we collect

When Data Subject download a software, software updates, connect to any services, we may collect a variety of information, including your age, Store ID number, IP address, location information, location information history, email, phone number, moniker of user, phone moniker, safety zone location, phone’s contact information, emergency numbers, chat history (which is encrypted), pulse history, password to control the device, general device settings, gender, weight, height, steps history, sleep history, training history.

Purpose of processing

Data Processor may process your Personal Data: for the purposes described in this Privacy Policy, with your consent, for compliance with a legal obligation to which Canyon is subject, for the performance of a contract to which Data Subject is party, in order to protect your vital interests, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by Canyon or a third party to whom it may be necessary to disclose information. If Data Subject have questions about this legal basis Data Subject can contact Data Protection Officer.

The Personal Data we collect allows us to keep Data Subject posted on Canyon’s latest product announcements, software updates, and upcoming events.

We also use Personal Data to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

We may use your Personal Data, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of account holders.

From time to time, we may use your Personal Data to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Canyon, Data Subject may not opt out of receiving these communications.

We may also use Personal Data for internal purposes such as auditing, data analysis, and research to improve Canyon’s products, services, and customer communications, and development. We do not attempt to re-identify individuals who may appear therein.

Collection and Use of Non-Personal Data

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-Personal Data for any purpose. The following are some examples of non-Personal Data that we collect and how we may use it:

We may collect information such as occupation, language, post code, area code, unique device identifier, referrer URL, location, and the time zone where a Canyon product is used so that we can better understand customer behaviour and improve our products, services, and advertising.

We may collect information regarding customer activities on our website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered nonPersonal Data for the purposes of this Privacy Policy.

With your explicit consent, we may collect data about how Data Subject use your device and applications in order to help app developers improve their apps.

If we do combine non-Personal Data with Personal Data the combined information will be treated as Personal Data for as long as it remains combined.

Cookies

Like most retail websites, Canyon uses “cookies”, which are small piece of data sent to the your browser that allow Canyon to identify you when you access Canyon’s website. Despite some concerns about the privacy implications of the use of cookies, it is important to understand that cookies cannot receive information about you, that you have not yet voluntarily disclosed. The vast majority of Internet users currently value cookies as a convenient feature for online shopping. For more information, please see our Cookies policy.

Disclosure to Third Parties

At times Canyon may provide third parties with certain Personal Data to provide or improve our products and services, including to deliver products at your request, or to help Canyon market to consumers. When we do, we require those third parties to handle it in accordance with relevant laws. Personal Data will never be shared with third parties for their marketing purposes. For example, when Data Subject purchases and activates your Keyboard, Data Subject authorises Canyon and your carrier to exchange the information Data Subject provides during the activation process to carry out service, including information about your device. If Data Subject is approved for service, your account will be governed by Canyon and your carrier’s respective privacy policies.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Canyon to disclose your Personal Data. We may also disclose information if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.  This could include providing information to public, and/or governmental authorities, and/or Supervisory Authority. Additionally, in the event of a reorganisation, merger, or sale we may transfer any and all Personal Data we collect to the relevant third party.

Protection of Personal Data

Canyon will refrain from undertaking any Data Transfer outside of the European Union and/or the Republic of Belarus in relation to Personal Data transmitted. If any Data Transfer is required for Canyon to conduct its activities, Canyon undertakes to notify the Data Subject prior to the commencement of the Data Transfer and provide information in relation to the territory of transfer and the instrument in place to govern such transfer.

Canyon takes the security of your Personal Data very seriously. When your personal data is stored by Canyon, we use computer systems with limited access housed in facilities using physical security measures.

When Data Subject uses some Canyon services or application or post on a Canyon website, the Personal Data and content Data Subject share is visible to other users and can be read, collected, or used by them. Data Subject is responsible for the Personal Data which Data Subject chooses to share or submit in these instances. For example, if Data Subject list the name and email address in a forum posting, that information is public. Please take care when using these features.

The Existence of Automated Decision-Making, Including Profiling

Canyon does not take any decisions involving the use of algorithms or profiling that significantly affects you.

Integrity and Retention of Personal Data

Canyon makes it easy for Data Subject to keep your Personal Data accurate, complete, and up to date. We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Policy and our service specific privacy summaries. When assessing these periods, we carefully examine our need to collect Personal Data at all and if we establish a relevant need, we only retain it for the shortest possible period to realise the purpose of collection unless a longer retention period is required by law.

Access to Personal Data

For other Personal Data we hold, we will provide Data Subject with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate or delete the data if Canyon is not required to retain it by law or for legitimate business purposes.

We may decline to process requests that are frivolous/vexatious, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier.

Location-Based Services

To provide location-based services, Canyon may collect, use, and share precise location data, including the real-time geographic location of your computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless Data Subject provide consent, this location data is collected anonymously in a form that does not personally identify Data Subject and is used by Canyon to provide and improve location-based services. For example, your device may share its geographic location with the application when Data Subject opt in to the location services.

ThirdParty Sites and Services

Canyon websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties.

Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage Data Subject to learn about the privacy practices of those third parties.

Our Companywide Commitment to Your Privacy

To make sure your Personal Data is secure, we communicate our privacy and security guidelines to Canyon employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If Data Subject have any questions or concerns about Canyon’s Privacy Policy or data Processing, Data Subject can contact our Data Protection Officer, or if Data Subject would like to make a complaint about a possible Personal Data Breach, please also contact Data Protection Officer. Data Subject can always contact us by phone at the relevant number.

Data Subject may at any time refer your complaint to the Supervisory Authority in your jurisdiction if Data Subject is unsatisfied with a reply received from us. If Data Subject ask us, we will endeavour to provide Data Subject with information about relevant complaint avenues which may be applicable to your circumstances.

Where your complaint indicates an improvement could be made in our handling of privacy issues, we will take steps to make such an update at the next reasonable opportunity. In the event that a privacy issue has resulted in a negative impact on Data Subject or another person, we will take steps to address that with Data Subject or that other person.

Canyon may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

* For the purposes of this document a Canyon “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with another entity or Canyon brand or products. As used herein, “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of fifty percent (50%) or more of the voting equity securities or other equivalent voting interests of the entity.