1. General information

This page (together with the documents to which it refers) informs you about the Privacy Policy and how Sphery ltd processes your data as controllers under the European Union General Data Protection Regulation (GDPR).

2. About us

www.sphery.ch is operated by Sphery AG, Industriestrasse 26, 9434 Au SG, Switzerland („we“ or „Sphery“). We are registered in Switzerland under the VAT number CHE-284.816.563 and have our registered office at the above address and a Gym in Zurich at the Asylstrasse 64, 8032 Zurich.

3. Addressee of message

Please contact as directly if you have difficulties understanding anything in this document. All messages you send to us must be sent to:

Sphery AG

Industrial road 26

9434 Au SG

Switzerland

Email: info@sphery.ch

Website: https://www.sphery.ch

We have a designated person who is responsible for the compliance of personal data usage at Sphery ltd outlined and explained in this document. The person serves as contact point for the Data Protection Authority (DPO) and individuals.

4. Content of the document

The following document will outline how we use your personal data in terms of purpose, extend and duration. In addition, we give an overview of who has access to your data and what are your rights in relation to the processing of your personal data.

All the data you provide will be anonymized, pseudonymized and secured as much as possible to avoid any personal damage.

4.1 Why do we collect your personal data?

a) to repair and improve the game and the training setup for different kinds of user groups constantly:

b) to guarantee the best individualized training experience possible

c) to enable the functioning of all Sphery games and the Sphery game network

d) to create statistics contributing to the improvement of the game and to get insides of the usage of our products

4.2 What kind of  personal data are you collecting?

a) identification data (Avatar, nickname or UserID and email address under which you are registered, etc.);

b) training data (how often you train, what do you train, performance of your training i.e. HR statistics, loss of weight, reaction time, etc.);

c) technical data (data about your device etc.);

d) data concerning the usage of our products (when, where, how and how successfully you play the game).

4.3 More details regarding the necessarity of the use of your data

a) We need your personal data described above (identification data, training data, technical data and game use data) so that the game is functional and providing the best experience possible in terms of training results but also attractiveness of the game. You give your explicit consent for the usage of this personal data in particular to the training data as it is a requirement and condition for being able to use our products and hence a necessity to fulfil the agreement between you and us.

b) All the personal data collected gets anonymized or pseudonymized with a serial code so that nobody except Sphery is able to match the data to your personal user-id.

4.4 How will you process my personal data?

With regard to the above-mentioned reasons, it is necessary to process your data in a way that enables your identification. However, the information gets processed in an aggregated, non-identifiable and pseudonymized way/form.

4.5 Do you need my consent for the processing?

Yes, we do not need your explicit consent for the usage of your data and in particular for the usage of the training and health related data according to the European Union General Data Protection Regulation (GDPR).

4.6 For how long will you process my personal data?

Your data will be stored in an aggregated, non-identifiable and pseudonymized way until you delete your Sphery account. However, most of the data is kept in the aggregate form only (when you cannot be identified) and only for as long as necessary. Be aware that the game platform steam and unity also keep some data until you fully erase your account on those platforms.

4.7 Do I have to give my personal data to you? Do you have to process this data?

If you want to play a Sphery game, the collection and processing is needed to guarantee the functionality of the game. Therefore, it is not possible to play our games without giving us your personal data in a form mentioned above.

4.8 To whom do you transfer my personal data?

a) Your personal data stays at a secured data base from Sphery for the whole time. Some partners do get aggregated statistics but no personal data.

b) Your personal data are also processed by the platforms through which you have purchased our games:

• • Steam

c) Your personal data are also processed by Unity, which ensures the creation and management of statistics concerning our game as mentioned above. (Privacy policy available at: https://unity3d.com/legal/privacy-policy)

4.9 What rights do I have?

The fact that Sphery collects, processes and stores data in the way described above, you may assert certain rights which we would like to explain to you in the section below. Please assert all the rights in writing to the communication address mentioned above.

a) Right to access

You have the right to access your processed personal data. Most of it is for your personal development and will be provided to you via our web-based app solution. If more data is needed, please send us a personal E-Mail with a clear identification and we will provide you with additional information free of charge

b) Right to rectification

You have the right to the rectification of your personal data in case it was processed incorrectly.

c) Right to erasure

Under any circumstances you have the right to demand that we erase your personal data. However, this is not always possible.

If you think that your personal data are no longer needed for the purpose for which they have been processed; if you believe that your personal data are processed by Sphery illegally; or if the personal data processed belongs to a person under 18 years without having any parental consent for such processing, you may demand that we erase your personal data.

However, if we delete your profile and erase your data you would no longer be able to play Sphery games.

d) Right to data portability

Another right you may assert is the right to data portability based on which we will hand over the personal data provided by you in a commonly used, structured and machine-readable format or if you require, we will transfer them to another controller of your own choice, where such transfer is technically feasible.

e) Right to restriction of processing

If you believe that your personal data processed by Sphery ltd are incorrect, you have the right to demand that we restrict the processing of your personal data for a period necessary to verify the accuracy of your personal data and to rectify them if needed. You also have this right if the processing of your personal data is illegal but you do not wish for your personal data to be erased; if Sphery ltd no longer needs your personal data for the above-specified processing purposes but you demand that your personal data are preserved for the purposes of the determination, exercise or defense of your legal claims; or if you have objected to the processing of your personal data on the basis of Sphery ltd legitimation interest.

f) Right to object to processing on the basis of legitimate interest

With regard to the fact that some of your personal data we process on the basis of our legitimate interest, you have the right to object to this processing. Based on the objection we will consider whether it really is in our interest to process your personal data for the given purpose. If we conclude that we do not have any significant legitimate reasons that prevail over your interests, rights or freedoms, we will terminate the processing of and destroy such personal data.

However, it needs to be stressed that such objection should be well-founded. Therefore, we recommend you to firstly obtain all the necessary information at the above-mentioned email address.

g) Right to complain

If you find the above-specified rights insufficient or if your opinion is that Sphery games are in any way infringes upon your rights, you have the right to file a complaint with a supervisory body or a court.