Privacy Policy

Personal Data Protection Policy (“Privacy Policy”)

Effective Date:  9th April, 2019

This Privacy Policy outlines how Actxa Pte. Ltd. and its related entities deal with and manage Personal Data (as defined below) and other personal information, in compliance with the requirements of the Personal Data Protection Act 2012 and other applicable laws.

By accessing or using the Services (as defined below) and/or Actxa Products (as defined below), you expressly consent to Actxa collecting and processing your personal data and you acknowledge that you have read, understood and agreed to be bound by all the terms of this Privacy Policy and the Terms of Use of the Services at <https://actxa.com/sg/terms-of-use/>. If you do not agree to these terms, please do not access or use the Services and/or Actxa Products.

Actxa may from time to time update this Privacy Policy to ensure that this Privacy Policy is consistent with its business needs and/or any changes in legal or regulatory requirements.  Subject to your rights at law, you agree to be bound by the prevailing terms of this Privacy Policy as may be updated by Actxa from time to time.

  1. DEFINITIONS
    1. In this Privacy Policy, unless there is something in the subject or context inconsistent therewith, the following expressions bear the following meanings, namely:“Account” refers to the account when you register, create and sign up for a personal account with Actxa on the Website, Actxa App, Online Store or other Actxa online platforms with an e-mail address, username and password;“Acquired Data” refers to data acquired from the use of the Actxa App and/or Actxa Products, including but not limited to weight, height, body measurements, body mass index, total body fat, bone mass, muscle mass, sleep activity, raw sleep data, calories burnt, calorie intake, physical activity, performance goals, heart rate, heart rate data, heart rate variability, blood glucose levels, blood pressure, exercise frequency, step count, active time, speed, distance, hydration, intensity minutes, VO2 Max, Fitness Age, hydration levels, body temperature, dietary information, sports preferences and any other data relating to your fitness and personal characteristics;“Actxa” refers to Actxa Pte. Ltd. and its related entities;“Actxa App” refers to the mobile application developed and made available by Actxa to its users for purposes including but not limited to tracking activities;“Actxa Products” refers to products manufactured by Actxa, including but not limited to Actxa Spur, Actxa Spur+, Actxa Swift, Actxa Swift+, Actxa Tempo 2, Actxa Stride, Actxa Stride+ and Actxa Glo fitness trackers, Actxa Sense weighing scale, any other products by Actxa’s Partners that Actxa is authorised to distribute and any other products or IOT devices that Actxa may manufacture and/or sell from time to time;
      Actxa’s Partners” refers to Actxa’s partners with whom Actxa has a business relationship, including but not limited to Firstbeat and other third party companies or organisations;
      Firstbeat” refers to Firstbeat Technologies Oy, a company incorporated in Finland which provides a lifestyle assessment service;
      Fitness Age” interprets your VO2 Max in terms of age;
      IOT” means internet of things;
      Online Store” refers to Actxa’s online store at <https://sgstore.actxa.com/> currently operated by Shopify Inc., or any other third party e-commerce platform service provider as Actxa may appoint or change from time to time;
      PDPA” refers to the Personal Data Protection Act 2012, statutes of Singapore;
      Personal Data” means any data about an individual who can be identified:

      1. (a) from that data; or
      2. (b) from that data and other information to which Actxa has or is likely to have access to including data in Actxa’s records as may be updated from time to time;

      Services” refer to the Actxa App, Online Store and such addition of services that may be provided by Actxa from time to time;
      Shopify” refers to Shopify Inc., the current e-commerce platform service provider for the Online Store;
      Third Party Apps” refer to any third party mobile applications developed and made available by third parties (such as Actxa’s Partners) which are compatible with the Actxa Products by integrating a toolkit supplied by Actxa to such third parties;
      VO2 Max” is the maximal amount of oxygen an individual can consume over one (1) minute during incremental exercise to determine an individual’s aerobic fitness level or cardiorespiratory fitness. VO2 Max is measured in millilitres of oxygen per kilogram of body weight per minute (ml/kg/min); and
      Website” refers to Actxa’s website at <https://actxa.com.

  2. PERSONAL DATA
    1. Actxa collects, uses and discloses the personal information of users of the Website, Services and Actxa Products.
    2. Types of Personal Data that may be provided to or collected by Actxa include but are not limited to:
      1. (a) your name, date of birth, age and gender;
      2. (b) contact details such as your telephone or mobile number, e-mail address, fax number, mailing address and country of residence;
      3. model and serial number of your mobile device accessing the Website, Actxa App and/or the Online Store, including but not limited to any information related to your mobile device, such as the mobile device’s operation system and version, software log, data synchronisation log, Bluetooth address and universal product code;
      4. (c) Acquired Data;
      5. (d) for the purpose of creating an Account on the Website, Actxa App, Online Store or other Actxa platforms, your username and password;
      6. (e) for the purpose of transacting with Actxa, such as purchasing products from the Online Store, your billing address, mailing address, e-mail address and contact details; and
      7. (e) any other personal information relating to you or other individuals that you have provided to Actxa.
    3. Actxa does not collect or retain your financial information such as your credit card number and expiry date when you transact on the Online Store. For the purposes of facilitating your transaction with the Online Store, Shopify or any other e-commerce platform service provider appointed by Actxa to operate the Online Store may collect your financial information such as your credit card number and expiry date.
    4. By providing your Personal Data to Actxa or using any products or services offered by Actxa, you agree and consent to Actxa collecting, retaining, processing, using, disclosing and transferring your Personal Data to Actxa’s related entities, authorised service providers and relevant third parties in the manner set out in this Privacy Policy.
    5. This Privacy Policy supplements and does not supersede nor replace any other consents you may have previously provided to Actxa in relation to your Personal Data. Your consents shall be valid and effective notwithstanding any current or future registration made by you on the Do-Not-Call-Registry and are additional to any rights that Actxa may have at law to collect, retain, process, use, disclose or transfer your Personal Data.
  3. COLLECTION OF PERSONAL DATA
    1. Actxa may collect your Personal Data in the following ways:
      1. (a) when you register, create and sign up for an Account;
      2. (b) when you submit any form relating to Actxa Products and/or Services, including but not limited to order forms and customer enquiry forms;
      3. (c) when you link and use the Actxa Products in conjunction with the Actxa App and/or the Third Party Apps;
      4. (d) when you input information into the Actxa App, the Website or Online Store;
      5. (e) when you use other products and/or services offered by Actxa’s Partners;
      6. (f) when you transact with Actxa or use any of the Services or Actxa Products;
      7. (g) when you participate in any contests, challenges or competitions using the Actxa Products within the Actxa App and/or Third Party Apps;
      8. (h) when you interact with Actxa’s officers, employees, representatives and agents via telephone calls, letters, fax, face-to-face meetings, events, social media platforms and e-mails;
      9. (i) when you request for Actxa to contact you or include you in its e-mail mailing lists, newsletters or other subscription-based distribution materials in connection with Actxa’s products and services;
      10. (j) when you respond to Actxa’s marketing promotions, surveys, questionnaires, contests or other initiatives or when you are contacted by and respond to Actxa’s officers, employees, representatives and agents;
      11. (k) when you enter into any agreement or provide other documentation or information in relation to your interactions with Actxa;
      12. (l) when you respond to Actxa’s request for additional information to supplement your Personal Data;
      13. (m) when Actxa requests for and receives your Personal Data in connection with your business relationship with Actxa, for example, from your social media accounts, public agencies and relevant authorities;
      14. (n) when your photographs or videos are taken by Actxa when you attend its events;
      15. (o) when you provide Actxa with your third party account credentials to services provided by third party websites and mobile applications such as Facebook, Instagram, Google or Twitter, whereby your Personal Data contained in these third party websites and mobile applications may be transmitted to Actxa; and/or
      16. (p) when you provide, submit or disclose your Personal Data to Actxa for any other reasons.
    2. If you provide Actxa with any Personal Data relating to a third party, you represent to Actxa that you have obtained the consent of that third party to provide Actxa with such Personal Data.
    3. You shall make reasonable efforts to ensure that all Personal Data provided to Actxa is complete, accurate, true and correct. Further, you shall give Actxa notice in writing as soon as reasonably practicable should your Personal Data be updated or changed after such disclosure, in accordance with Clause 8 below.  Failure to do so may result in Actxa’s inability to provide to you the services under any products and services as requested.
  4. PURPOSES FOR THE COLLECTION, RETENTION, PROCESS, USE, DISCLOSURE AND TRANSFER OF PERSONAL DATA
    1. Actxa collects, retains, processes, uses, discloses and transfers your Personal Data for and in connection with the following purposes:
      1. (a) verifying your identity;
      2. (b) registering, creating and maintaining the Account;
      3. (c) processing Personal Data to generate personalised reports in relation to your wellness, fitness and weight management derived from the usage of Actxa Products and/or Services;
      4. (d) generating personalised statistics such as your Fitness Age and VO2 Max;
      5. (e) billing you for Actxa Products and/or Services;
      6. (f) facilitating your transactions on the Website and/or the Online Store;
      7. (g) facilitating the organisation of contests, challenges or competitions and generating leadership boards in relation to the contests, challenges or competitions within the Actxa App and/or Third Party Apps;
      8. (h) facilitating the provision of services offered by Actxa’s Partners;
      9. (i) providing any of Actxa Products and/or Services to you, which may include personalising your user experience, charting and presenting the progress of your wellness, fitness and weight management;
      10. (j) providing information relating to Actxa Products and/or Services to you, which you may have indicated your interest in;
      11. (k) storing your Personal Data on Actxa’s servers or cloud-based platforms;
      12. (l) transferring and using your Personal Data within the Third Party Apps, where applicable;
      13. (m) providing marketing materials and relevant information to you, including but not limited to promotions, special deals, information and any updates on Actxa Products and/or Services, newsletters and any upcoming events organised by Actxa;
      14. (n) sending electronic notifications and alerts to you via various electronic means such as e-mail, messaging functions on third party social media platforms, SMS messages or Actxa App, if you have enabled push notifications on your mobile device;
      15. (o) requesting, responding to, processing and handling your queries, feedback, complaints and requests;
      16. (p) conducting market research, surveys and/or analysis for statistical, profiling or other purposes in connection with Actxa’s business and/or to review, develop and improve Actxa’s product and service offerings;
      17. (q) providing information in relation to lucky draws, surveys or contests to participants and to notify winners and award prizes;
      18. (r) providing and improving customer service and support (including but not limited to customer relationship management and providing follow-up calls, administrative support and service-related announcements);
      19. (s) responding to, processing and handling your queries, feedback, complaints and requests;
      20. (t) if you use the Website, Actxa App, the Online Store, Actxa’s online services or online registration and payment systems, displaying your Personal Data on such websites, mobile applications or online registration and payment systems to facilitate the provision of Actxa’s services to you;
      21. (u) registering and tracking the mobile device that you use to download the Actxa App or access the Website or Online Store;
      22. (v) administering and processing your requests, including creating and maintaining profiles of Actxa’s customers in Actxa’s system database for administrative purposes;
      23. (w) managing and planning the administrative and business operations of Actxa and complying with its internal policies and procedures;
      24. (x) monitoring or recording telephone calls and customer interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
      25. (y) in connection with any claims, actions or proceedings (including but not limited to obtaining legal advice and facilitating dispute resolution) and/or protecting and enforcing Actxa’s contractual and legal rights and obligations;
      26. (z) complying with any applicable laws, regulations, rules, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on Actxa (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
      27. (aa) administering debt recovery and debt management;
      28. (ab) taking or filming photographs and videos at events, which may or may not be organised by Actxa, for corporate publicity or marketing purposes and featuring your photographs, videos and/or testimonials in Actxa’s articles and publicity materials and/or on the Website, Actxa App or Online Store;
      29. (ac) organising campaigns and promotional events; and/or
      30. (ad) any other purposes which are reasonably related to the business relationship between Actxa and you.
    2. If you have provided Actxa with your telephone number, fax number, mailing address and/or e-mail address and indicated that you consent to receiving information from Actxa via telephone calls, voice over IP calls, SMS messages, data messages, messaging platforms and applications associated with your telephone number, fax, post or e-mails, Actxa may contact you from time to time using the foregoing methods for the purposes listed in this Clause 4.
    3. In relation to the provision of Actxa’s products or services to you or in your interactions with Actxa, Actxa may have notified you of other purposes for which it collects, retains, processes, uses, discloses or transfers your Personal Data, in addition to those listed in Clause 4.1 above. Actxa may collect, retain, process, use, disclose or transfer your Personal Data for such additional purposes, unless specifically excluded.
  5. DISCLOSURE OF PERSONAL DATA
    1. Actxa may disclose or transfer your Personal Data to the following entities or parties for the purposes listed above in Clause 4 where necessary:
      1. (a) Actxa’s affiliates;
      2. (b) Actxa’s professional advisers such as consultants, auditors and lawyers;
      3. (c) Actxa’s Partners;
      4. (d) Third Party Apps;
      5. (e) companies providing insurance-related services to Actxa;
      6. (f) agents, contractors, sub-contractors or third party service providers who provide operational and logistics services to Actxa, such as courier services, telecommunications, information technology, payment, printing, billing, debt recovery, processing, technical services, transportation, training, market research, call centre, security or other services;
      7. (g) Actxa’s e-commerce platform provider operating the Online Store to facilitate your transactions on the Online Store;
      8. (h) Actxa’s vendors, sponsors, third party service providers or marketing and business partners, in connection with Actxa’s marketing events, promotions, surveys, contests or the provision of Actxa’s products and services;
      9. (i) Actxa’s vendors, sponsors, third party service providers or marketing and business partners, in connection with your transactions on the Online Store;
      10. (j) Actxa’s successors, assigns or any third party to whom Actxa sells all or a part of its assets, or which acquires or merges with Actxa;
      11. (k) any party to whom Actxa determines in its sole discretion that such disclosure is appropriate or necessary to prevent the violation of Actxa’s terms of use or other agreements, prevent liability that may potentially be incurred by Actxa, protect the rights and property of Actxa, maintain and protect the security and integrity of Actxa’s products and/or services or investigate and defend Actxa from any third party allegations or claims;
      12. (l) external banks, credit card companies, other financial institutions and their respective service providers;
      13. (m) relevant government ministries, regulatory bodies, courts of law, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or directives imposed by any governmental authority; and/or
      14. (n) any other party to whom you authorise Actxa to disclose your Personal Data to.
    2. (o)The Actxa App may facilitate transactions or transmissions of cryptocurrency on an approved exchange.
    3. (p)Users of Actxa Products and/or Services shall not receive currency in exchange for completing tasks such as downloading other applications, posting to social media and encouraging other users to download the Actxa App and/or third party applications.
  6. RETENTION OF PERSONAL DATA
    1. Actxa shall retain your Personal Data as may be required for its legal or business purposes until such time that Actxa reasonably determines that such Personal Data is no longer necessary for its legal or business purposes.
    2. Actxa protects and keeps your Personal Data safe by:
      1. (a) only disclosing your Personal Data to such entities or parties listed in Clause 5 above; and
      2. (b) taking reasonable measures to protect your Personal Data from unauthorised access, use or disclosure.
    3. Actxa is committed to maintaining the confidentiality of your Personal Data, and under no circumstances shall Actxa sell, rent or share your Personal Data with any unrelated third parties.
  7. USE OF ACTXA’S WEBSITE AND SERVICES
    1. When you visit the Website and/or use the Services, the following information may be automatically tracked and collected by Actxa:
      1. (a) IP address and location;
      2. (b) domain server;
      3. (c) type of computer and/or device used to access the Website and/or Services;
      4. (d) type of web browser used to access the Website and/or Services;
      5. (e) the previous website which directed you to the Website and/or Services; and
      6. (f) other information based on your online behavioural patterns, preferences and interests in the course of using and accessing the Website and/or Services.
    2. When you visit or interact with Actxa or its authorised service providers’ websites, Actxa or its authorised service providers may use cookies, web beacons and other similar technologies for collecting and storing information to provide you with a better, faster, and safer web experience. The terms “cookies” or “similar technologies” may be used interchangeably to refer to all technologies that Actxa may use to collect or store information in your browser or device or that collect information or assist in identifying you as a unique user in the manner described above.
    3. The information collected by Actxa or its authorised service providers may recognise a visitor as a unique user and may collect information including but not limited to how a visitor arrives at its websites, what kind of browser a visitor is on, what operating system a visitor is using, a visitor’s IP address and a visitor’s click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page). By visiting or interacting with Actxa or its authorised service providers’ websites, you are deemed to have consented to the collection of the aforesaid information.
    4. Actxa offers certain site features and services that are available only through the use of these technologies. You may block, delete, or disable these technologies if your browser permits.  However, if you decline cookies or other similar technologies, you may not be able to use certain site features or services tools on the Websites.
    5. The Services may contain links to other websites operated by third parties, including but not limited to the Website or Actxa’s service providers or business partners. Actxa shall not be responsible for your compliance with the data protection practices of such third party websites that are linked to the Services.  You are encouraged to read the data protection policies of such third party websites. If you have any feedback regarding such other websites, please contact us at <support@actxa.com>.
  8. WITHDRAWAL OF CONSENT, ACCESS AND CORRECTION OF PERSONAL DATA
    1. You may withdraw your consent for Actxa to use your Personal Data for the purposes listed in Clause 4 above, in accordance with this Clause 8. Upon receiving such notice from you, Actxa may require up to thirty (30) days to process the withdrawal of your consent and securely dispose your Personal Data.  During this period, Actxa shall be entitled to continue using your Personal Data for the purposes listed in Clause 4 above.  Notwithstanding any withdrawal of consent by you, Actxa may contact you for other purposes in relation to the existing products and/or services that you have requested or purchased from Actxa.
    2. If you:
      1. (a) have any questions or feedback relating to your Personal Data or this Privacy Policy;
      2. (b) would like to withdraw your consent to use of your Personal Data as set out in this Privacy Policy; or
      3. (c) would like to obtain access and/or make corrections to your Personal Data records, please contact our Data Protection Officer as follows:
        (a) Telephone No.: +65 6837 0366
        (b) E-mail: support@actxa.com
        (c) Address: 10 Eunos Road 8, #13-08 Singapore Post Centre, Singapore 408600
    3. If your Personal Data has been provided to Actxa by a third party on your behalf, you should contact that organisation or individual to make any such queries, complaints, and access and correction requests.
    4. If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, Actxa may not be in a position to continue providing its products and services to you, which in turn may result in the termination of any agreements or transactions between Actxa and you, and your being in breach of your contractual obligations or undertakings. Actxa’s legal rights and remedies in such event are expressly reserved.
  9. SECURITY
    1. The security of your Personal Data is important to Actxa. As such, Actxa uses reasonable security measures to protect against the loss, misuse, unauthorised access or disclosure, alteration and deletion of your Personal Data under Actxa’s control. This includes the use of firewalls and encryption such as Secure Sockets Layer on the Services.
    2. Actxa recommends that you take additional measures to protect your personal information, such as using secure passwords, installing anti-virus software and exercising caution to prevent unauthorised access.
    3. Actxa trains its employees who are authorised to handle Personal Data to maintain confidentiality and your privacy.
    4. Notwithstanding our attempts to protect your Personal Data in good faith and through reasonable efforts, Actxa does not guarantee that:
      1. (a) all methods of transmission over the Internet or methods of electronic storage are secure and that your Personal Data under Actxa’s control will remain free from loss, misuse, unauthorised access or disclosure, alteration or deletion; and
      2. (b) the security measures that Actxa has put in place will prevent “hackers” or other unauthorised third parties from illegally accessing and obtaining your Personal Data under Actxa’s control.
  10. INDEMNITY
    1. You shall indemnify Actxa and its officers, employees, representatives and agents against all actions, claims, demands, losses, damages, expenses and costs arising out of any of your acts, omission or negligence in the course of using or accessing the Website, the Services and/or Actxa’s Products that cause or result in Actxa to be in breach of the PDPA or other applicable laws.
  11. GOVERNING LAW
    1. This Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of Singapore.