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Privacy Policy of the mobile app FiTS

Updated on 4-Dec-2017

1. General

This privacy policy describes the collection, storage and processing of personal data using the mobile application “FiTS” (hereinafter referred to as the “app”) by vitaliberty GmbH, Augustaanlage 54-56, 68165 Mannheim (hereinafter referred to as “vitaliberty”) as the provider of the app and therefore the controller.

It is essential for the use of the app, that vitaliberty collects, processes and collects certaion personal data from you. This also includes health data which contains special personal data in the sense of § 3 paragraph 9 German Data Protecion Law (Bundesdatenschutzgesetz (BDSG)) or Art. 9 paragraph 1 General Data Protection Regulation (GDPR), which we are only allowed to process on the basis of your informed and voluntary consent. For this reason, we would like to draw your attention to the following data protection regulations, which describe which personal data is collected by you during registration and use of the app, in the context of personalized participation and how these data are processed and used by vitaliberty.

The purpose of any data processing is to use the app as described in more detail in the terms of use of the app. Data processing for other purposes or any transfer of data to third parties will only take place in anonymized form, unless expressly stated otherwise in these data protection regulations.

The protection of your personal data and the guarantee of your right to informational self-determination are very important to us. vitaliberty collects, processes and uses your personal data in compliance with all relevant national and European data protection laws. In addition, vitaliberty offers additional data security.

Therefore your data will be stored in a particularly secure way to protect you against unauthorized attacks by separating registration and usage data, which cannot be overcome by an attacker. Furthermore all data will be stored and processed exclusively in a separated cloud located in Germany. In addition, all usage data is stored without personal reference and would not be assigned to any natural person in case of unauthorized access.

By activating the checkbox on the start page of the registration process you expressly consent to the following collection, processing and use of your personal data including the health data specified below for the provision of contractual services and for the use for advertising and market research by vitaliberty.

This Privacy Policy complements the Terms of use of the App.

2. Type, scope and purpose of data usage

2.1 Collection of data

a) Registration with your name and e-mail adress

When registering for the first time, the user must choose a user name and password ("access data") which identify him/her as an authorized user of the services. After entering the user's registration data as well as his or her consent to these terms of use and to vitaliberty's privacy policy, the user will receive an e-mail to the provided e-mail address. In order to complete the initial registration, the user must confirm this via the hyperlink contained in the e-mail. Alternatively, an active Facebook account (see paragraph b) or Google Account (see paragraph c) can be selected for the initial login.

When registering for the first time with your name and e-mail address in the app, you must provide various personal data (hereinafter referred to as "registration data"). We store this data on our systems for the duration of the contract of use in accordance with our terms and conditions of use, which you agree to when registering.

We collect the following mandatory information as part of registration:

The following information may be provided optionally upon registration and added or deleted by the user at a later date:

We treat all registration data confidentially. These data are not disclosed to third parties unless this privacy policy expressly states otherwise, such disclosure is required to comply with a statutory duty or orders from a competent state authority, or you have consented to a disclosure of your data in advance.

b) Login with Facebook account

We offer you the possibility to register for our service with your Facebook account. To register, you will be redirected to the Facebook page where you can log in with your username and password. The following data will be sent to Facebook during the forwarding process:

Of course, vitaliberty does not take note of your Facebook login data. If you are already registered on Facebook, this step will be skipped. This will link your public Facebook profile to our service. The user confirms this with the "OK" button. By linking, Facebook Inc. transmits the following personal information to FiTS:

With this information, we create a user for you in the FiTS systems and you can continue to enter the data listed in a) above. There is no further permanent link between the user account and the Facebook account. Name and e-mail address are no longer required for this variant. For more information about logging in via Facebook and the privacy settings, please see the Privacy Notice and Terms of Use of Facebook Inc.

c) Login with Google Account

Initial login with Google is the same as when you first logged in with Facebook. The following data will be forwarded to Google during the forwarding process:

The public profile includes the following data that Google transmits to FiTS:

All registration data will be treated confidentially by vitaliberty. A passing on to third parties does not take place in principle, unless such a passing on is for the fulfilment of a legal obligation or you have agreed in advance in a passing on of your data.

d) Use of the app

When you use the app, we also collect and process the following data (hereinafter referred to as “usage data”) which you provide directly through or via the app or generate by your use of the app:

Please note that such health-related data allow inferences to be drawn about your state of health and that these are sensitive personal data (special categories of personal data according to § 3 para. 9 BDSG or Art. 9 para. 1 GDPR).

e) Analysis of use "adjust"

The FiTS app uses the app usage analysis tool "adjust", a product of adjust GmbH, Berlin. adjust collects data about the installation and the first opening of the app on your mobile device as well as about your interaction within the app (e. g. about which functions or offers you have selected in FiTS). This allows us to understand how our users interact with our apps. It also enables us to analyse and improve our mobile advertising campaigns. For this analysis only the Advertising ID for iOS (IDFA) or the Google Play Services ID as well as your anonymized IP and MAC address will be transmitted to adjust GmbH. The data is so anonymized that it is not possible to identify you or your mobile device. If you don't want tracking by adjust, please deactivate this in our app in the "Profile" area under the "Settings" section.

2.2 Use of collected information

The personal data which you enter upon registration and which are created in the course of app usage are used by vitaliberty for the contractually agreed purposes (i. e. to enable use of the app and the services provided by it), for contract-related communication and for protection against misuse.

In particular, the app’s technology analyses the respective registration and usage data for the creation, adaptation and display of individual training and diet plans in automated form. The app therefore enables a dynamically adaptive user experience by displaying individual recommendations regarding training, behaviour and/or diet to the user on the basis of the user’s registration and usage data and/or the user’s feedback. In addition, assistance regarding personal motivation and barriers is provided on this basis.

We also analyse registration and usage data in an automated way for advertising purposes, in order to send you information and offers (e.g. programme-related reminders and tips, information about products and services from the health and exercise sector, promotions or competitions) adapted to your personal interests by email or push notification, unless you object.

In e-mails you can delete yourself from the mailing list of the respective e-mail format via a unsubscribe link. Push messages can be unsubscribed via the profile in the app or the operating system settings.

3. Push notifications on devices

If you have permitted it at the time of installation, the app can send push notifications to your mobile terminal.

The app uses these push notifications to provide you with programme-related reminders and tips, information about products, promotions, competitions and news about our services. You can configure the settings for receiving push notifications at any time in the settings of your operating system.

4. Disclosure to third parties

vitaliberty will not pass on your personal data to third parties without your prior express consent or without any legal obligation. Unless otherwise specified in a statutory obligation, data will only be passed on in anonymous form, so that conclusions about your person are excluded.

5. Consent and revocation

Where you expressly consent to a particular further usage of your data by means of the app, this is always done on an informed and voluntary basis.

You have the right to revoke this consent at any time with effect for the future. Your account will then be deleted according to § 7.

Please contact us at any time for this purpose, preferably by email to privacy@joinfits.com. The legal notice contains further contact information.

6. Information

You can at any time in accordance with § 34 BDSG (or from 25 May 2018 in accordance with Art. 15 GDPR) request information from us about the personal data stored on your person (by letter post with signature and copy of your identity card).

A request for information shall be addressed to:

vitaliberty GmbH
Augustaanlage 54-56
68165 Mannheim
Germany

Your copy of your identity card will be used exclusively for the verification of your identity data and will be destroyed immediately afterwards. You may black out unnecessary data such as your image or eye color in the passport copy sent to you.

7. Deletion of your data and further data protection rights

Your personal data will remain stored until your termination becomes effective. Within a period of 3 working days your data will be made anonymous, unless there are legal storage obligations. In the latter case, the data is locked for further use.

If your data is made anonymous, any reference to you in the data stored about you will be removed, so that subsequent re-identification of the data is impossible.

In addition, you are entitled to further rights of the data subject, in particular the right to correction, deletion (right to be forgotten), blocking (restriction of data processing), opposition and data transferability, in accordance with the requirements of Art. 12 - 23 GDPR.

8. Amendment of the data protection information

Due to the further development of the FiTS-App or technical changes, an adaptation of this Privacy Policy may become necessary. vitaliberty therefore reserves the right to amend the Privacy Policy for FiTS at any time and without giving reasons.

vitaliberty will refer to the changed data protection declaration by e-mail and in the FiTS-App. If you do not agree to the revised Privacy Policy within 4 weeks, the features of the FiTS app will be disabled. They can be released again within a period of 6 weeks by agreeing to the amended Privacy Policy.

9. Data protection officer

If you have any questions regarding the implementation of data protection or the extent to which your data is stored in the FiTS-App, please do not hesitate to contact the data protection officer of vitaliberty. You can contact him by e-mail at the following address: privacy@joinfits.com

10. Supervisory authority

You also have the right to lodge a complaint with the competent data protection supervisory authority, the State Commissioner for Data Protection and Freedom of Information Baden-Württemberg.