VR Motion Learning GmbH & Co KG, an Austrian limited liability company with its principal address at Spinozagasse 20, 1170, Vienna, Austria ("VR Motion Learning", "us", or "we") respects the privacy of its (registered) users and website visitors ("you") and recognizes the importance of providing a secure data processing environment for them. Therefore, when using your personal data ("data"), we are observing all data protection regulations, including but not limited to the provisions of the EU General Data Protection (hereinafter: "GDPR").
1. How we use your data
a. User Registration / Use of App
For users to be able to access and use our App, a prior registration is necessary. Registration is done either by email and password or with an existing user account from Facebook/Oculus. If you decide to register using Facebook/Oculus and click on the respective registration button, you will automatically be redirected to Facebook/Oculus. There you can log in to your Facebook/Oculus user account. In consequence, your Facebook/Oculus user account will be linked with our App. This gives us access to your data stored at Facebook/Oculus, which is in particular: name, email address and profile picture. This data is used exclusively to create and set up, provide and personalize your user account.
We further collect different types of data to improve and provide our App to you. In particular, we use the following data for the administration of the user account, providing and maintaining our App, notifying you about changes to our App, allowing you to participate in interactive features of our App when you choose to do so and to provide user support: Name, date of birth, address, province, ZIP/Postal code, city, state, email address, date of birth, telephone number, height, left- or right-handed player and data relating to your preferences and interests in the context of tennis.
We use the data of (registered) users for the fulfilment of (pre-)contractual obligations pursuant to Art 6 para 1 lit b GDPR within the framework of the contractual relationship, such as the performance of (pre-)contractual duties of protection, due diligence and clarification, the provision of the App as well as the settlement of claims arising from the contract or invoicing.
Without this data, we cannot fulfil the contract with you. The data regarding height, left- or right-handed player and data relating to your preferences and interests is needed so that the App can provide you with best possible execution of your movements and make optimal suggestions for improvement.
In addition, we use the data of (registered) users for the fulfilment of legal or internal compliance obligations in accordance with Art 6 para 1 lit c and Art 6 para 1 lit f GDPR, in particular to protect and defend the rights or property of VR Motion Learning, to prevent or investigate possible wrongdoing in connection with the App, to protect the personal safety of users of the App or the public or to protect against legal liability.
We store the aforementioned data in any case for the duration of your active user account and beyond that in accordance with the statutory retention and documentation obligations (e.g. in accordance with the Austrian Civil Code - ABGB, the Austrian Company Code - UGB and the Austrian Federal Tax Code – BAO).
b. User Tracking & Analytics (App and Website)
We may also collect information on how the Services are accessed and used in order to gather analysis or valuable information so that we can improve our Services and to detect, prevent and address technical issues.
We collect this data automatically with cookies and or similar tracking and analytics tools provided by third-party providers on the basis of your consent pursuant to Art 6 para 1 lit a GDPR (or in conjunction with Sec 165 para 3 Austrian Telecommunications Act (TKG), in the case of so-called "persistent" cookies, which are stored on your terminal device).
You can reject the storage of individual cookies or the application of other tracking or analytics tools (by means of configuration in the cookie banner) or object to the storage at a later point in time by means of browser or app configuration. When cookies are set / tracking or analytics tools are applied on the basis of your voluntary consent, your data may be transferred to recipients in third countries outside the EEA, in particular to the USA. The USA has not been certified by the European Court of Justice as having an adequate level of data protection; in particular there is a risk that your data may be viewed by US authorities for control and monitoring purposes. With your consent, you agree that cookies and tracking as well as analytics tools from third-party providers in the USA or from other insecure third countries may be used and you accept a possible lower level of data protection (Art 49 para 1 lit a GDPR).
Cookies that are absolutely necessary for the structure or functioning of the web site (technically necessary cookies) cannot be deactivated. The storage period of a persistent cookies can vary and amount to a maximum of 6 month.
c. Subscription to our newsletter
If you subscribe to our newsletter, we process your data (name and email address) in order to send you newsletters and other information that may be of interest to you at regular intervals.
The data processing is based on your explicit consent according to Art 6 para 1 lit a GDPR in connection with Section 174 Abs 3 Austrian Telecommunications Act (TKG). You can withdraw your consent at any time with eff for the future (by E-mail to email@example.com or via the "unsubscribe button" in the respective newsletter E-mail). Your data will be stored until your valid withdrawal.
2. Controlling Your Data
If you believe that any data, we are holding on you is incorrect or incomplete, please write to or email or fill-in contact form in your user account us as soon as possible. We will promptly correct any information found to be incorrect.
3. Transfer of Data
In the course of providing our Services, it may be necessary for us to share data with other recipients, who assist us in providing those Services.
In case your data should be transferred outside the EEA, we will make sure that your data is transferred on the basis of Standard Contractual Clauses (currently 2021/914) or – if the European Commission has not decided that there is an adequate level of data protection in place in the country where the recipient of your data is seated – in accordance with Articles 46, 47 or 49 GDPR.
In case we transfer your data to processors according to Art 4 No 8 GDPR, we make sure to oblige them to comply with data protection in accordance with the relevant provisions, in particular Art 28 GDPR.
In individual cases and to the extent necessary, your data may also be transferred to legal representatives, notaries, courts and administrative authorities.
We transfer your data in particular to the following recipients:
In the course of processing, your data transferred to our hosting provider, Hetzner Online GmbH, based in Gunzenhausen, Germany.
You may access our Services, in particular our App, via Oculus Platform, provided by Facebook Technologies LLC, and by using Oculus devices ("Oculus"). Oculus transfers the data to us, which is necessary for the correct deployment of the App, in particular microphone data, camera data, headset position and hand tracking. For further information with regard to Oculus and its processing of data, please see information on their Privacy Policies here https:/www.oculus.com/legal/privacy-policy/ or https://store.facebook.com/at/legal/quest/privacy-policy-for-oculus-account-users/.
Azure PlayFab (processor)
We use Azure PlayFab, a solution as provided by Microsoft corporation, as a backend solution for our App. With the exception of your IP address, we do not transfer any other data to Azure PlayFab. For further information with regard to Azure PlayFab and its processing of data, please see information on Microsoft Corporation's Privacy Policies here https://privacy.microsoft.com/en-us/privacystatement.
Google Analytics (processor)
In the course of our Services, we use Google Analytics, which is a web analytics service offered by Google Corporation that tracks and reports website traffic. Google Analytics uses the data collected to track and monitor the use of our Services. This data may be shared with other Google services. Google Corporation may use the collected data to contextualize and personalize the ads of its own advertising network (and might act as a controller in this regard).
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://google.com/privacy?hl=en
4. Link to Other Sites. Social Media Plugins
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-part sites or services.
5. Your Data Protection Rights under the GDPR
The right to information and access You are entitled to obtain information by VR Motion Learning as to which data are being processed and to get access to that data upon your request. We will provide you with one copy of the data undergoing processing free of charge, unless the disclosure may adversely affect the rights and freedoms of others.
The right to rectification and erasure You are entitled to request rectification of inaccurate data or completion of incomplete data concerning you without undue delay. You are further entitled to request erasure of data without undue delay, if:
- Data are no longer necessary in relation to the purposes for which they were collected,
- You object to the processing
- Data have been unlawfully processed
- Data have to be erased for compliance with a legal obligation applicable to VR Motion Learning
However, VR Motion Learning is not obliged to execute such erasure if processing is necessary
- for exercising the right of freedom of expression and information,
- for compliance with a legal obligation to which VR Motion Learning is subject,
- for the establishment, exercise or defense of legal claims.
The right to object You have the right to object on grounds relating to your particular situation, at any time to processing of data concerning you which is based on our legitimate interests according to Art 6 para 1 point f GDPR. If you object to processing of your data we shall cease to process this data unless our legitimate interests to processing your data prevail.
The right to restriction You have the right to request that we restrict the processing of your data in the following circumstances and for the following periods of time:
- you contest the accuracy of the data concerning you; restriction of processing may be affected for a period enabling us to verify the accuracy of the relevant data,
- the processing is unlawful and you oppose the erasure of the data and request the restriction of their use instead,
- we do no longer need the data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims,
- you have objected to processing, for the period until the verification whether our legitimate grounds override those of you.
The right to data portability You are entitled to data portability, namely to receive your data which you have provided to us and which is processed
- based on the concluded contract
- and by automated means
in a structured, commonly used and machine-readable format.
You are entitled to request that the data is transmitted directly to another controller by us, where technically feasible. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
The right to withdraw consent You also have the right to withdraw your consent at any time where VR Motion Learning relied on your consent to process your data by contacting us under firstname.lastname@example.org.
Right to complaint You have the right to complain to a Data Protection Authority about our collection and use of your data. For more information, please contact your local data protection authority in the European Economic Area (EEA). In Austria, the competent Data Protection Authority is the Datenschutzbehörde (www.dsb.gv.at(www.dsb.gv.at)).
7. In case you have a question