Data protection information for the GYMWATCH® Fitness Tracking System of GYMWATCH GmbH
Part A: General part
1. Scope of application
GYMWATCH GmbH (hereinafter GYMWATCH) is the offerer of the GYMWATCH® Fitness Tracking System (hereinafter System), which can be used by yourself as user via our web portal or with the aid of a mobile application (app).
As a German company under private law GYMWATCH is subject in the first place to the terms of the German Federal Data Protection Act and of the German Telemedia Act.
In the sense of the afore-mentioned acts, this information on data protection explains on the one hand what personal data GYMWATCH collects during your registration process and during your use of the system and how this data is processed and used by ourselves (part B).
On the other hand this data protection information explains what settings you yourself can carry out within the system in order to prevent the transmitting of information on your training units, to permit this in a targeted manner to selected third users, to permit this to all users or to permit this to the socially networked public (part C).
However this explanation does not hold good for enterprises which possibly make reference to our web portal with a link or for enterprises, to whose web sites we make reference with a link.
GYMWATCH reserves the right to modify the information made available in this data protection declaration to meet changes in the law, in accordance with case law or in accordance with business processes and to do this in each case without prior notice. Holding good is the latest version as published here. In so far as this is necessary under law, we will request your agreement once again.
2. Agreement; withdrawal and objection to the use of data for advertising purposes
With your registration, ordering of our newsletter by way of the double-opt-in process, making of contact as well as with each input and transmitting of your personal data such as the mandatory statement of your e-mail address or the voluntary statement of, for example, your first name, surname, address and telephone number as well as with the making of comments and news and the transmission of training information within the system you declare your personal agreement to our processing and using your data for the carrying out of the services made use of and for the making available of the system as well as also for the further purposes stated below.
The agreement text reads:
I am in agreement with the application of the data protection information.
2.2 Withdrawal and objection to the use of data for advertising purposes
You have the right at all times to withdraw your agreements with effect for the future. In addition, you may at any time – subsequent to your having given your agreement to the use of your data for purposes of advertising or market and opinion surveys – withdraw this agreement in writing with effect for the future. After you have withdrawn your agreement the use of the data for the afore-mentioned purposes is impermissible.
3. Collecting and processing of data when you register / make contact
Fundamentally, you can visit our system without making statements about your person. If you wish to use particular functions of our system, then for this we will collect the necessary personal data from you.
Specifically, you can find all the mandatory statements such as name, sex, birth date and e-mail address as well as the voluntary statements, which we collect within the framework of your signing-in, ordering of the newsletter or contacting process or, as the case may be, with the aid of your input from the input screens able to be called down in our system.
Several areas of the system use “cookies”, i.e. small text files that are stored in the computer and in the browser. These are used by GYMWATCH in order to offer a more user-friendly, more effective and safer service. Cookies also permit us to identify the browser being used and to make offers aimed at the user.
5. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
As an alternative to the browser Addon or within browsers on mobile devices, you can click this link deactivate Google Analytics in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain). An opt-out cookie will be stored on your device, which means that you’ll have to click this link again, if you delete your cookies.
6. Use of different social media plugIns within the framework of the GYMWATCH® Fitness Tracking System
This web portal uses social plugins (“plugins”) of the social network facebook.com which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are detectable with one of the Facebook logos (white “f” on a blue tile or a “thumbs-up” character) or are characterized with the addendum “Facebook Social Plugin”. A list of and the appearance of the Facebook social plugins can be seen here:
When a user calls a web site of this offer which contains such a plugin, his browser builds up a direct link with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and is linked from this into the website. Accordingly, Offerer has no influence on the extent of the data which Facebook collects with the aid of this plugin and accordingly informs its users on its state of knowledge in this respect:
Through the linking in of the plugin Facebook gets the information that a user has called the relevant page of the offer. When the user has logged in at Facebook, Facebook can assign the visit to the user’s Facebook account. If you as a user interact with the plugin, for example by actuating a button or making a comment, the relevant information is transmitted by your browser directly to Facebook and is stored there. Even if a user is not a member of Facebook, it is still possible for Facebook to get to know the user’s IP address and to store this. According to Facebook an IP address is stored only in anonymized form in Germany. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting opportunities for the protection of the private sphere of users can be taken from Facebook’s data protection information: http://www.facebook.com/policy.php.
If a user is a Facebook member and does not want Facebook via this offer to collect data about him and link this with his membership data as stored at Facebook, then he must log out at Facebook prior to visiting the Internet presence.
Similarly, it is possible to block Facebook social plugins for your browser, for example with the “Facebook Blocker”.
6.2 +1 button of Google+
This system uses the +1-button of the Google Plus social network which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). The button can be detected with the character +1 on a white or coloured background.
If a user calls a website of this offer, which website contains such a button, the browser builds up a direct link with the Google servers. The content of the +1 button is transmitted by Google directly to the user’s browser and from this is linked with the website. Accordingly, Offerer has no influence on the scope of the data which Google collects with this button. According to Google no personal data is collected without a click on the button. Such data – including amongst other things the IP address – is collected and processed only from logged-in members.
The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights in this respect and opportunities for making settings to protect your private sphere can be taken from Google’s data protection information on the +1 button: http://www.google.com/intl/de/+/policy/+1button.html and the FAQ: http://bit.ly/r3Qmer.
This portal uses the buttons of the Twitter service. These buttons are operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. They are detectable with terms such as “Twitter” or “Follow”, linked with a stylized blue bird. With the aid of the buttons it is possible to share a contribution or page of this offer at Twitter or to follow Offerer at Twitter .
When a user calls a web page of this Internet presence, which page contains such a button, the user’s browser builds up a direct link with the Twitter servers. The content of the Twitter buttons is transmitted directly by Twitter to the user’s browser. Accordingly, Offerer has no influence on the scope of the data which Twitter collects with the aid of this plugin and herewith informs its users on its state of knowledge in this respect. According to our state of knowledge only the IP address of the user and the URL of the particular website are transmitted with the actuation of the button and this information is not used for purposes other than the representation of the button.
Further information can be found in Twitter’s data protection information under http://twitter.com/privacy.
6.4 Further social media plugins
In so far as we use other social media plugins, you will find more detailed information on data protection in the particular data protection information of these offerers. If you should not be able to find this please do not hesitate to contact us at firstname.lastname@example.org.
7. Data security
Your personal data is transmitted via the Internet coded in accordance with the SSL process (Secure-Socket-Layer). We safeguard our web portal and other systems with the aid of technical and organizational measures against loss, destruction, access, changing or distribution of your data by unauthorized persons. Access to your account is only possible following entering of your personal password. You should always treat your access information in a confidential manner and close the browser window when you have finished communicating with us, in particular if you use the computer together with others.
8. Right to obtain information; correcting, blocking or deleting; making contact
Our system permits you to change, process or remove the information you made available when registering or making contact via the web portal.
In accordance with the German Federal Data Protection Act you have the right to get free-of-charge information on the data stored on your person.
You have a claim to having corrections made if the data stored on your person is incorrect. You can carry out certain corrections yourself within the website at any time.
In addition you may have in certain circumstances the right to have personal data stored on your person deleted, for example if the storing of data was impermissible or if knowledge of your personal data for fulfilling the purpose of storing / for fulfilling the tasks lying within the area of competence of the responsible post is no longer necessary.
In place of the right to claim deletion there is the right to have the data stored on your person blocked if a retention period prevents it being deleted, if there is reason to assume that the interests of the person in question would be impaired by a deletion, if deletion would only be possible with an unreasonable amount of expense or if the correctness or incorrectness of the data cannot be established.
Should you have questions on the collection, processing or use of your personal data, if you have questions on obtaining information, on having data corrected, blocked or deleted or on revoking agreements that have been issued please contact the responsible post: email@example.com.
9. Information on the responsible post in the sense of the data protection law
|An der Tumpe 10|
|Fax +49 (0) 2392 1680 989|
|Managing director: Thorsten Kruse|
|Data protection officer:|
|Registry court: Local court, Darmstadt|
|Commercial Register number: HRB 92515:|
|Registernummer: HRB 92515 USt-ID-Nr: DE291069759|
Part B: Collecting and use of data by Offerer, namely GYMWATCH GmbH
1. Collecting and processing of data in the course of the use of our system by Offerer
1.1 Access data / log files
We (or, as the case may be, our webspace provider) collect data on each accessing of the system (so-called server log files). Access data include:
1.1.1 Name of the web page called, file,
1.1.2 Date and time of the call,
1.1.3 Quantity of data transmitted,
1.1.4 Message on successful calling down,
1.1.5 Browser type and version,
1.1.6 User’s operating system,
1.1.7 Referrer URL (the previous page visited),
1.1.8 IP address and the
1.1.9 Provider asking.
We use the log data only for statistical evaluations for operational purposes as well as for safeguarding and optimizing our system. However, we reserve the right to check the log data retrospectively if there are concrete reasons for suspecting that there has been illegal use.
1.2 Making of contact
When contact is made with us (for example by contact form or e-mail) the statements of the user are stored for purposes of processing the enquiry as well as for the situation that follow-up questions arise.
1.3 Signing-in; opening of a user account
When you sign in we store your mandatory and voluntary statements such as name, e-mail address, postal address, contact information, payment information, age, height, weight, state of fitness, state of health, resting heart rate, body fat level, muscle mass etc. You can see all the mandatory and voluntary statements, which we collect in the course of your signing-in process or, as the case may be, from your input, in the input masks which can be called down in our system.
Please also observe all the data protection information of third party offerers in so far as you sign in with us via a mobile app or a social network such as Facebook®-Connect.
1.4 Use of the system: Collection and use of training information
Through the use of the system we collect – depending on the system settings as carried out by yourself and which you are able to change at any time – information, which is detailed to a greater or lesser extent, on the training units carried out by yourself.
2. Use, passing on and safe-keeping of your personal data
We use the data communicated to us by yourself as well as that collected by the system and in the course of the use of the stored data for our own purposes, namely for the operating and making available of our system and in particular for making it possible for the user to carry out checks on his training and to optimize his training units; we do not pass on this data to external third parties in so far as there is no official requirement for us to do this and in so far as you have not explicitly and separately given your agreement thereto, for example by explicitly actuating a publication button for social networks.
In addition, we use your inventory, user and use data including training data in anonymized and/or pseudonymized form for improving our system, for market and health research and for other scientific and economic purposes. Recipients of this data are not entitled and as a rule are also not in a position to establish a relationship between this data and yourself (to your personal data).
Users agree explicitly that information, that cannot be related to a particular person, may be passed on to advertising networks, which are a part of mobile applications, for the displaying of advertising banners (e.g. Admobs).
On the basis of your agreement which you give separately with the double-opt-in process we use your e-mail address for sending you our newsletter whereby you can cancel the sending of this at any time per mouse click / button actuation on the deactivation link provided in each newsletter. In respect of the frequency of publication and content of our newsletter please see our concrete information within the framework of the newsletter ordering process. The stating of your first name and surname within the framework of ordering the newsletter are voluntary. We use this personal data solely for personalizing our newsletter. We do not pass the data on to third parties.
The agreement text is:
I wish to subscribe to the GYMWATCH® newsletter.
On the termination of the user relationship or, as the case may be, if the user changes, we remove the ability for user data to be called down without delay.
With permissible data storage the data is kept for the duration of the safe-keeping times permissible in accordance with the legal regulations or, as the case may be, as otherwise prescribed.
Part C: Self-data-protection by privacy by design
The GYMWATCH® Fitness Tracking System (hereinafter System) is based in part on the publication of particular information by users for other users by this data being made accessible on the GYMWATCH® Fitness Tracking System.
The collecting, administration and use of personal data by the GYMWATCH® Fitness Tracking System is carried out in accordance with the current data protection law whereby it is ensured that each user can decide himself by configuring his system settings what parts of his personal information may be made visible for other users.
Of particular importance here is the tracking function: The GYMWATCH® Fitness Tracking System contains a tracking function which – when it is activated – permits third parties to view information such as the duration, scope and intensity of a training unit of a user within the system in accordance with voluntary enabling. The activation and deactivation of the tracking function is carried out within the area of the setting of the profile.
2. Categories of the personal data information collected by the GYMWATCH® Fitness Tracking System
GYMWATCH collects individualized information relating to the use of the system such as age, height, weight, state of fitness, state of health etc. as well as other information on activities, such as on the length and type of the activity, physical loading and stress, power input etc.
3. Self-data-protection settings
Users can change their self-data-protection settings in their account. In this way users can
3.1 decide to a certain extent what individualized information in respect of their person may be collected (see below, section 3.1); and
3.2 define which persons can view the individualized information collected on them (see below, section 3.2).
3.1 With the aid of the self-data-protection settings users can decide to what extent information on their activities such as length and type of the activity, physical load and stress, power input etc. may be transmitted to GYMWATCH whereby this can be done either (1) as a standard setting for each activity carried out or (2) by the user being asked following each activity that is carried out.
3.2 In respect of the following information each user can decide via his self-data-protection settings who can view such information: 1. News-line, 2. Profile data, 3. Fitness activities, 4. Training statistics, 5. Events, 6. Photos. The individual settings available are:
3.2.1 Private: Only you yourself can view this information
3.2.2 Protected: Only your confirmed friends can view this information.
3.2.3 Public – Anyone can view this information regardless of whether the person has a user account or not.
4. Use and passing on of individualized and non-individualized information to third parties
By signing in you as a user agree explicitly to the fact that GYMWATCH is entitled to use your personal data in accordance with your self-data-protection settings for GYMWATCH® Fitness Tracking System purposes and to pass this data on to third parties. Apart from this we do not pass on personal data to third parties unless this necessary under the law or unless the user has given his explicit agreement thereto.
Data protection information for the GYMWATCH® Fitness Tracking System