WHICH DATA IS COLLECTED?
Information that identifies you or can be used to identify or contact you is defined as Personal Data. Examples may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and credit card information. Personal data can also include information regarding health such as your weight history.
We collect the following personal data:
your full name
your valid e-mail
your photo from a social media (Facebook)
your Identifier for Advertisers (IDFA)
This data is stored on our secure web servers, which are provided to us by Amazon Web Services, Inc. under the Service Agreement and Data Processing Agreement.
HOW IS YOUR PERSONAL DATA USED?
If You Use Our Online Products:
We gather data, sometimes it contains Personal Data that when you choose our Online Products is provided directly to us (available either for free or on a subscription basis) such as our Mobile Application “Fitspire”. We also gather data through surveys, questionnaires, self-assessment quizzes, contests which you provide directly to us. The information obtained in this way is used to tailor your customer experience whilst using our Online Products. Additionally, we gather data automatically including Personal Data when you visit our website or use our Online Products, such information includes your browser type, IP address, error logs, operating system and other similar data.
This aggregated data cannot be used to identify you and is utilized by us to monitor trends, to monitor Online Products use, administer the Online Products and to collect general information about how our Online Products are used.
The legal basis for such processing of your Personal Data are our legitimate interests (Art. 6(1)(f) GDPR) in customizing the content of our services in line with user preferences and in further improving our Online Products.
Part of our Online Products require the handling of information pertaining to your health such as your weight history. Such information will only be handled with your explicit permission consent according to Art. 9(2)(a) GDPR, except where permitted or required by applicable law.
It is important to note that providing us with your personal data is not a legal requirement. However, we will not be able to provide you with a complete range of Online Products without such information.
If You Become A User
To be able to access some of our Online Products e.g. food database, weight loss tools and our message board if you open an account for our e-shop you must first become a user. During this process you are required to provide us with personal information such as your name, address and email address. Additionally, if you become a user to one of our Online Products or open an account for our e-shop health related data including your weight history and credit/debit card and billing information will be processed. This data is used exclusively for billing and subscription purposes. The handling of such information is important for our services to work for users correctly. The legal basis for such processing of your Personal Data is therefore Art. 6(1)(b) GDPR. As regards health-related information, we will only process such da-ta with your prior consent according to Art. 9(2)(a) GDPR, except where permitted or required by applicable law. In order to adhere to the contract, you are required to provide such information, without this information we will be unable to undertake the services previously stated above.
The provision of demographic information (such as number of children or occupation) is optional. However, providing this information will allow us to tailor our services to you on our Online Products. The legal basis for such processing of your Personal Data are our legitimate interests (Art. 6(1)(f) GDPR) by tailoring our content to user preferences and continually improving our Internet Services.
Sending you Service Updates
Your Personal Data will be used to keep you updated on important service announcements, Online Products up-dates and if you subscribe such up-dates will also include your billing account status. We will communicate transactional information regarding your subscription or to verify login details when you become a user. These updates include important information regarding the use of our Online Products.
In order to maintain the performance of our products the handling of your Personal Data is extremely important. The legal basis for such processing of your Personal Data is therefore Art. 6(1)(b) GDPR. We will be unable to provide you with service-related communication without the provision of such Personal Data which you are contractually obliged to provide us with.
Contacting our Customer Service
We will respond to your queries and manage services such as subscriptions should you contact our customer service. The communications channel will be according to your preference (telephone, email etc.). Such processing of your Personal Data is necessary for the performance of our services; the legal basis for such processing of your Personal Data is therefore Art. 6(1)(b) GDPR. We will be unable to provide you with customer service-related communication without the provision of such Personal Data which you are contractually obliged to provide us with.
Subscription to Newsletters and other Marketing Communications
You will have the option to agree to receiving newsletters and additional information on our products and services when subscribing to our Online Products. You will be sent promotional newsletters and information regarding events and surveys by social media and email if you choose to “opt-in” The legal basis for such processing of your data is your consent (Art. 6(1)(a) GDPR) or – if you are a user – our legitimate interest (Art. 6(1)(f) GDPR) in providing you with relevant marketing information.
Without your Personal Data we will be unable to keep you informed on our products and services. However, please note you are not legally required to provide your Personal Data. At any time of your choosing you have the ability to opt-out of receiving such communication by following the steps regarding the handling of such information.
Using our Social Features
Features such as message and bulletin boards, recipe swaps and other similar activities where users can communicate with each other can be found on our Online Products. A “Public Profile” feature is also offered in addition. This allows you to share information about yourself. Including Personal Data if you choose to do so within the “Social Features” section of our Online Products. In utilizing this feature, you should be aware we have no control on how others might use your personal data. This includes receiving unsolicited messages from other users. You can contact us using the contact details below in the case that you wish for specific content generated by you to be removed. Any Personal Data posted via the Social Features are processed in order to provide you with the respective service and the legal basis is therefore Art. 6(1)(b) GDPR. Unfortunately, you will be unable to use the Social Features function without providing your Personal data even though you are not legally required to provide us with said information.
SOCIAL PLUG-INS AND OTHER THIRD-PARTY FEATURES
To the extent certain third-party website features are available on our Online Products, the following terms apply:
We use plug-ins of several social networks Facebook, Twitter, Instagram, Tik Tok, etc. to allow our Online Products users to share content found on our Online Products easily and connect with their friends via such social networks.
Your device establishes a direct connection to the servers operated by the provider of the social network whenever you view a page of our Online Products containing such a plug-in. This means, the content of the social plug-in is transferred by the network provider directly to your device and embedded in our Online Products being shown. Visiting our Online Products whilst being logged into your social network your visit will be sent to the network provider, then the provider of the social network can match your visit to our site with your social media account. It is important to be aware of the fact that a data transfer is started when you visit our Online Products whether or not you interact with the plug-in. In order to avoid this, you have to log out of your social network account prior to visiting our Online Products. In order to be aware of the privacy policies of Facebook, Twitter, Instagram, Tik Tok, etc. please refer to the respective privacy policies, data collection and analysis of such websites. This will allow you to modify your settings to protect your privacy.
The option to connect your Fitspire account with third party applications or devices such as a tracker is offered by our Online Products. A tracker is a device which tracks or measures the activity of the user. E.g number of steps and distance covered, or calories burned during a specific activity along with other metrics. Should you use such applications or tracers by connecting your Fitspire account the third-party provider will receive the information from us that you have a Fitspire account.
Apple HealthKit/Google Fit
Our users can connect to Apple’s Healthkit/Google Fit, which provides the ability to see your health and fitness data and helps you to keep track of your activities in the Fitspire application on your iphone and apple watch. Information collected through Apple's HealthKit/Google Fit framework is not used for advertising purposes. You can disable Fitspire’s ability to access your data by changing the settings on your mobile device.
HOW WE SHARE AND DISCLOSE PERSONAL DATA
Unless required by law we will not sell, share, or transfer or otherwise distribute your Personal Data to third parties. unless required by law according to Art. 6(1)(c) GDPR, unless required for the purpose of your contract according to Art. 6(1)(b) GDPR, unless the third party acts as a data processor on our behalf according to Art. 28 GDPR or you have given us express consent to do so according to Art. 6(1)(a) GDPR.
Some of your Personal Data is collected and shared by the following companies:
in order to provide external analytical services.
The collection of such data occurs through the Software Development Kit (SDK) built into our products.
We do not gain access to such data and do not store it on our servers. The above companies assume full responsibility for the storage and processing of such data.
To exercise your legal rights in accordance with the GDPR, you can make a request both directly to these companies and to us, rest assured, we will forward your request on time!
In order to facilitate or offer our services we also use third-party service providers and as such we share your Personal Data with said service providers to allow them to perform their service on our behalf. For example, we use a mailing company to distribute marketing messages via email, payment service providers for specialist providers for payment collection and fraud screening, to bill you for goods and services and for, a shipping company to fulfil orders, social media and other agencies to manage our social media and other advertising campaigns, a cloud provider for our CRM system and an external provider for the hosting of our e-shop. a call centre provider to facilitate customer service
Some of the companies described above are located outside of the European Economic Area with which we share your Personal Data
In order to maintain sufficient protection of your Personal Data in this context, we use standard data protection clauses adopted by the European Commission according to Art. 46(2)(c) GDPR with such companies or certifications of such companies according to Art. 45(1) GDPR. You can request further details by contacting us on the contact details below.
In order to respond to any claims, in protecting our rights or the rights of a third party, in ensuring the safety of any person or in preventing any illegal activity or in pursuing our legitimate interest in applying or enforcing our terms and conditions we can also disclose your information. (including for the purposes of fraud protection and credit risk reduction) according to Art. 6(1)(f) GDPR.
We will obtain your consent prior to sharing your Personal Data with other companies if required under applicable data protection laws. In such instances the legal basis is Art. 6(1)(a) GDPR.
IS MY PERSONAL DATA USED FOR ANY OTHER PURPOSES?
YOU HAVE THE FOLLOWING RIGHTS:
Right of access (Art. 15 GDPR):
You have the right to request confirmation as to whether we handle your Personal Data and where that is the case, to request access to the Personal Data we have about you.
Right to rectification (Art. 16 GDPR):
You have the right to request the correction of incorrect Personal Data.
Right to erasure (Art. 17 GDPR):
You have the right to request erasure of Personal Data without undue delay under certain circumstances, e.g. if your Personal Data is no longer necessary for the purposes for which it was collected or if you withdraw consent on which our processing is based according to Art. 6(1)(a) GDPR and where there is no other legal ground for processing.
Right to restriction of processing (Art. 18 GDPR):
You have the right to request us to restrict the handling of your Personal Data under certain circumstances, e.g. if you think that the Personal Data, we handle about you is unlawful or incorrect.
Right to data portability (Art. 20 GDPR):
You have the right to receive your Personal Data you have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so under certain circumstances.
Right to object (Art. 21 GDPR):
You have the right to object to the handling of your Personal Data under certain circumstances, in particular if we process your Personal Data on the legal basis of legitimate interests (Art. 6(1)(f) GDPR) or if we use your Personal Data for marketing purposes.
You can execute your abovementioned rights by contacting us on the contact details mentioned below.
RIGHT TO LODGE A COMPLAINT BEFORE THE DATA PROTECTION AUTHORITY
You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work or place of the alleged infringement if you consider that our processing of your Personal Data infringes the applicable data protection laws. Please contact us at the contact details mentioned below and we will assist you to identify the respective competent supervisory authority.
Your Personal Data is stored along with other information for as long as it is needed in order to ensure you can use our Online Products, in order to comply with relevant laws (including those regarding document retention) and provide services to you. Your Personal Data is also stored in order to resolve any disputes which may arise with any parities, and which are otherwise deemed necessary in order for us to conduct our business. Please contact us on the contact details listed below if you have any questions regarding the specific retention times for certain types of Personal Data.
AUTOMATED INDIVIDUAL DECISION-MAKING
Based on the automated processing of your Personal Data. We do not use your Personal Data to make decisions with legal or similar effects for you.
WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?