Data protection information for the GYMWATCH® Fitness
Tracking System of GYMWATCH GmbH

1. An overview of data protection

General

The following gives a simple overview of what happens to your
personal information when you visit our website or use our .
Personal information is any data with which you could be personally
identified. Detailed information on the subject of data protection
can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this
website?

The data collected on this website are processed by the
website operator. The operator’s contact details can be found in the
website’s required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could,
for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when
you visit the website. These data are primarily technical data such
as the browser and operating system you are using or when you
accessed the page. These data are collected automatically as soon as
you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning
of the website. Other data can be used to analyze how visitors use
the site.

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).

What rights do you have regarding your data?

You always have the right to request information about your
stored data, its origin, its recipients, and the purpose of its
collection at no charge. You also have the right to request that it
be corrected, blocked, or deleted. You can contact us at any time
using the address given in the legal notice if you have further
questions about the issue of privacy and data protection. You may
also, of course, file a complaint with the competent regulatory
authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of
your surfing behavior. This happens primarily using cookies and
analytics. The analysis of your surfing behavior is usually
anonymous, i.e. we will not be able to identify you from this data.
You can object to this analysis or prevent it by not using certain
tools. Detailed information can be found in the following privacy
policy.

You can object to this analysis. We will inform you below
about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your
personal data very seriously. We treat your personal data as
confidential and in accordance with the statutory data protection
regulations and this privacy policy.

If you use this website, various pieces of personal data will
be collected. Personal information is any data with which you could
be personally identified. This privacy policy explains what
information we collect and what we use it for. It also explains how
and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via
email communication) may be subject to security breaches. Complete
protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

GYMWATCH GmbH
An der Tumpe 10
58791 Werdohl
GERMANY

Telephone: +49 2392 1680980
Email: service@www.gymwatch.com

The responsible party is the natural or legal person who alone
or jointly with others decides on the purposes and means of
processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your
express consent. You may revoke your consent at any time with future
effect. An informal email making this request is sufficient. The
data processed before we receive your request may still be legally
processed.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and
for the protection of the transmission of confidential content, such
as the inquiries you send to us as the site operator. You can
recognize an encrypted connection in your browser’s address line
when it changes from “http://” to “https://” and the lock icon is
displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer
to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any
time with information free of charge about any of your personal data
that is stored as well as its origin, the recipient and the purpose
for which it has been processed. You also have the right to have
this data corrected, blocked or deleted. You can contact us at any
time using the address given in our legal notice if you have further
questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published
in the context of website legal notice requirements with regard to
sending promotional and informational materials not expressly
requested. The website operator reserves the right to take specific
legal action if unsolicited advertising material, such as email
spam, is received.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your
computer and do not contain any viruses. Cookies help make our
website more user-friendly, efficient, and secure. Cookies are small
text files that are stored on your computer and saved by your
browser.

Most of the cookies we use are so-called “session cookies.”
They are automatically deleted after your visit. Other cookies
remain in your device’s memory until you delete them. These cookies
make it possible to recognize your browser when you next visit the
site.

You can configure your browser to inform you about the use of
cookies so that you can decide on a case-by-case basis whether to
accept or reject a cookie. Alternatively, your browser can be
configured to automatically accept cookies under certain conditions
or to always reject them, or to automatically delete cookies when
closing your browser. Disabling cookies may limit the functionality
of this website.

Cookies which are necessary to allow electronic communications
or to provide certain functions you wish to use (such as the
shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f
of DSGVO. The website operator has a legitimate interest in the
storage of cookies to ensure an optimized service provided free of
technical errors. If other cookies (such as those used to analyze
your surfing behavior) are also stored, they will be treated
separately in this privacy policy.

Server log files

The website provider automatically collects and stores
information that your browser automatically transmits to us in
“server log files”. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (b) DSGVO, which
allows the processing of data to fulfill a contract or for measures
preliminary to a contract.

Registration on this website

You can register on our website in order to access additional
functions offered here. The input data will only be used for the
purpose of using the respective site or service for which you have
registered. The mandatory information requested during registration
must be provided in full. Otherwise, we will reject your
registration.

To inform you about important changes such as those within the
scope of our site or technical changes, we will use the email
address specified during registration.

We will process the data provided during registration only
based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your
consent at any time with future effect. An informal email making
this request is sufficient. The data processed before we receive
your request may still be legally processed.

We will continue to store the data collected during
registration for as long as you remain registered on our website.
Statutory retention periods remain unaffected.

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.

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.

Registration with Facebook Connect

Instead of registering directly on our website, you may also
register using Facebook Connect. This service is provided by
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

If you decide to register with Facebook Connect and click on
the “Login with Facebook” or “Connect with Facebook” buttons, you
will be automatically redirected to the Facebook platform. There you
can log in with your Facebook username and password. This will link
your Facebook profile to our website or services. This link gives us
access to your data stored on Facebook. Including especially your:

  • Facebook name
  • Facebook profile picture
  • Facebook cover picture
  • Email address provided to Facebook
  • Facebook ID
  • Facebook friends
  • Facebook Likes
  • Birthday
  • Gender
  • Country
  • Language

This data will be used to set up, provide, and personalize
your account.

For more information, see Facebook’s Terms of Use and Privacy
Policy. These can be found at https://de-de.facebook.com/about/privacy/
and https://www.facebook.com/legal/terms/.

Data transferred when signing up for services and digital
content

We transmit personally identifiable data to third parties only
to the extent required to fulfill the terms of your contract with
us, for example, to banks entrusted to process your payments.

Your data will not be transmitted for any other purpose unless
you have given your express permission to do so. Your data will not
be disclosed to third parties for advertising purposes without your
express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which
allows the processing of data to fulfill a contract or for measures
preliminary to a contract.

Self-data-protection settings

Users can change their self-data-protection settings in their
account. In this way users can

  • decide to a certain extent what individualized information
    in respect of their person may be collected; and
  • define which persons can view the individualized
    information collected on them.
  • 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:

    • Private: Only you yourself can view this information
    • Protected: Only your confirmed friends can view this
      information.
    • Public – Anyone can view this information regardless of
      whether the person has a user account or not.

4. Crash and bug reports

Sentry

For our web portal at https://web.gymwatch.com we use the Sentry
service (Sentry, 132 Hawthorne St, San Francisco, CA 94107, USA) to
analyze errors and crashes. The data recorded includes the operating
system, browsertype and browser version and the time of the error.
We only need the data to be able to find and correct code errors
better. The data will never be used for advertising purposes or
other purposes. For more detailed information, please see Sentry’s
privacy policy: https://getsentry.com/privacy/

Crashlytics

For our apps we use the services of Crashlytics, Inc
(“Crashlytics”), a business group of Google, Inc (1600 Amphitheatre
Parkway, Mountain View, CA 94043, USA). We use Crashlytics to
capture and analyze app crashes. The collected data includes device
information such as device type, operating system and also
information about the cause of the crash. For further information we
refer to the data protection declaration of Crashlytics under the
following link: https://try.crashlytics.com/terms/

The use of Crashlytics in our apps only takes place if you
have consented to its use. You can revoke your consent at any time
in the privacy settings of the app.

5. Social media

Facebook plugins (Like & Share buttons)

Our website includes plugins for the social network Facebook,
Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The
Facebook plugins can be recognized by the Facebook logo or the Like
button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.

When you visit our site, a direct connection between your browser
and the Facebook server is established via the plugin. This enables
Facebook to receive information that you have visited our site from
your IP address. If you click on the Facebook “Like button” while
you are logged into your Facebook account, you can link the content
of our site to your Facebook profile. This allows Facebook to
associate visits to our site with your user account. Please note
that, as the operator of this site, we have no knowledge of the
content of the data transmitted to Facebook or of how Facebook uses
these data. For more information, please see Facebook’s privacy
policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to associate your visit to our
site with your Facebook account, please log out of your Facebook
account.

6. Analytics and advertising

Google Analytics

This website and our apps uses Google Analytics, a web analytics service.
It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain
View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text
files that are stored on your computer and that allow an analysis of
the use of the website by you. The information generated by the
cookie about your use of this website is usually transmitted to a
Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f)
DSGVO. The website operator has a legitimate interest in analyzing
user behavior to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization feature on this
website. Your IP address will be shortened by Google within the
European Union or other parties to the Agreement on the European
Economic Area prior to transmission to the United States. Only in
exceptional cases is the full IP address sent to a Google server in
the US and shortened there. Google will use this information on
behalf of the operator of this website to evaluate your use of the
website, to compile reports on website activity, and to provide
other services regarding website activity and Internet usage for the
website operator. The IP address transmitted by your browser as part
of Google Analytics will not be merged with any other data held by
Google.

Browser plugin

You can prevent these cookies being stored by selecting the
appropriate settings in your browser. However, we wish to point out
that doing so may mean you will not be able to enjoy the full
functionality of this website. You can also prevent the data
generated by cookies about your use of the website (incl. your IP
address) from being passed to Google, and the processing of these
data by Google, by downloading and installing the browser plugin
available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by
clicking on the following link. An opt-out cookie will be set to
prevent your data from being collected on future visits to this
site: Disable Google Analytics.

In our apps you can prevent the collection of your data by Google Analytcis in the privacy settings or directly after the installation.

For more information about how Google Analytics handles user data,
see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Demographic data collection by Google Analytics

This website uses Google Analytics’ demographic features. This
allows reports to be generated containing statements about the age,
gender, and interests of site visitors. This data comes from
interest-based advertising from Google and third-party visitor data.
This collected data cannot be attributed to any specific individual
person. You can disable this feature at any time by adjusting the
ads settings in your Google account or you can forbid the collection
of your data by Google Analytics as described in the section
“Refusal of data collection”.

Google Analytics Remarketing

Our websites use the features of Google Analytics Remarketing
combined with the cross-device capabilities of Google AdWords and
DoubleClick. This service is provided by Google Inc., 1600
Amphitheater Parkway, Mountain View, CA 94043, USA.

This feature makes it possible to link target audiences for
promotional marketing created with Google Analytics Remarketing to
the cross-device capabilities of Google AdWords and Google
DoubleClick. This allows advertising to be displayed based on your
personal interests, identified based on your previous usage and
surfing behavior on one device (e.g. your mobile phone), on other
devices (such as a tablet or computer).

Once you have given your consent, Google will associate your
web and app browsing history with your Google Account for this
purpose. That way, any device that signs in to your Google Account
can use the same personalized promotional messaging.

To support this feature, Google Analytics collects
Google-authenticated IDs of users that are temporarily linked to our
Google Analytics data to define and create audiences for
cross-device ad promotion.

You can permanently opt out of cross-device remarketing/targeting by
turning off personalized advertising in your Google Account; follow
this link: https://www.google.com/settings/ads/onweb/.

The aggregation of the data collected in your Google Account
data is based solely on your consent, which you may give or withdraw
from Google per Art. 6 (1) (a) DSGVO. For data collection operations
not merged into your Google Account (for example, because you do not
have a Google Account or have objected to the merge), the collection
of data is based on Art. 6 (1) (f) DSGVO. The website operator has a
legitimate interest in analyzing anonymous user behavior for
promotional purposes.

For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/.

Google AdWords and Google Conversion Tracking

This website uses Google AdWords. AdWords is an online
advertising program from Google Inc., 1600 Amphitheater Parkway,
Mountain View, CA 94043, United States (“Google”).

As part of Google AdWords, we use so-called conversion
tracking. When you click on an ad served by Google, a conversion
tracking cookie is set. Cookies are small text files that your
internet browser stores on your computer. These cookies expire after
30 days and are not used for personal identification of the user.
Should the user visit certain pages of the website and the cookie
has not yet expired, Google and the website can tell that the user
clicked on the ad and proceeded to that page.

Each Google AdWords advertiser has a different cookie. Thus,
cookies cannot be tracked using the website of an AdWords
advertiser. The information obtained using the conversion cookie is
used to create conversion statistics for the AdWords advertisers who
have opted for conversion tracking. Customers are told the total
number of users who clicked on their ad and were redirected to a
conversion tracking tag page. However, advertisers do not obtain any
information that can be used to personally identify users. If you do
not want to participate in tracking, you can opt-out of this by
easily disabling the Google Conversion Tracking cookie by changing
your browser settings. In doing so, you will not be included in the
conversion tracking statistics.

Conversion cookies are stored based on Art. 6 (1) (f) DSGVO.
The website operator has a legitimate interest in analyzing user
behavior to optimize both its website and its advertising.

For more information about Google AdWords and Google Conversion
Tracking, see the Google Privacy Policy: https://www.google.de/policies/privacy/.

You can configure your browser to inform you about the use of
cookies so that you can decide on a case-by-case basis whether to
accept or reject a cookie. Alternatively, your browser can be
configured to automatically accept cookies under certain conditions
or to always reject them, or to automatically delete cookies when
closing your browser. Disabling cookies may limit the functionality
of this website.

Facebook Pixel

Our website measures conversions using visitor action pixels
from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA
94304, USA (“Facebook”).

These allow the behavior of site visitors to be tracked after
they click on a Facebook ad to reach the provider’s website. This
allows an analysis of the effectiveness of Facebook advertisements
for statistical and market research purposes and their future
optimization.

The data collected is anonymous to us as operators of this website
and we cannot use it to draw any conclusions about our users’
identities. However, the data are stored and processed by Facebook,
which may make a connection to your Facebook profile and which may
use the data for its own advertising purposes, as stipulated in the
Facebook
privacy policy
. This will allow Facebook to display ads both on
Facebook and on third-party sites. We have no control over how this
data is used.

Check out Facebook’s privacy policy to learn more about protecting
your privacy: https://www.facebook.com/about/privacy/.

You can also deactivate the custom audiences remarketing feature in
the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
You will first need to log into Facebook.

If you do not have a Facebook account, you can opt out of
usage-based advertising from Facebook on the website of the European
Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

7. Newsletter

Newsletter data

If you would like to receive our newsletter, we require a
valid email address as well as information that allows us to verify
that you are the owner of the specified email address and that you
agree to receive this newsletter. No additional data is collected or
is only collected on a voluntary basis. We only use this data to
send the requested information and do not pass it on to third
parties.

We will, therefore, process any data you enter onto the
contact form only with your consent per Art. 6 (1) (a) DSGVO. You
can revoke consent to the storage of your data and email address as
well as their use for sending the newsletter at any time, e.g.
through the “unsubscribe” link in the newsletter. The data processed
before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be
used to distribute the newsletter until you cancel your subscription
when said data will be deleted. Data we have stored for other
purposes (e.g. email addresses for the members area) remain
unaffected.

MailChimp

This website uses the services of MailChimp to send
newsletters. This service is provided by Rocket Science Group LLC,
675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

MailChimp is a service which organizes and analyzes the
distribution of newsletters. If you provide data (e.g. your email
address) to subscribe to our newsletter, it will be stored on
MailChimp servers in the USA.

MailChimp is certified under the EU-US Privacy Shield. The
Privacy Shield is an agreement between the European Union (EU) and
the US to ensure compliance with European privacy standards in the
United States.

We use MailChimp to analyze our newsletter campaigns. When you
open an email sent by MailChimp, a file included in the email
(called a web beacon) connects to MailChimp’s servers in the United
States. This allows us to determine if a newsletter message has been
opened and which links you click on. In addition, technical
information is collected (e.g. time of retrieval, IP address,
browser type, and operating system). This information cannot be
assigned to a specific recipient. It is used exclusively for the
statistical analysis of our newsletter campaigns. The results of
these analyses can be used to better tailor future newsletters to
your interests.

If you do not want your usage of the newsletter to be analyzed
by MailChimp, you will have to unsubscribe from the newsletter. For
this purpose, we provide a link in every newsletter we send. You can
also unsubscribe from the newsletter directly on the website.

Data processing is based on Art. 6 (1) (a) DSGVO. You may
revoke your consent at any time by unsubscribing to the newsletter.
The data processed before we receive your request may still be
legally processed.

The data provided when registering for the newsletter will be
used to distribute the newsletter until you cancel your subscription
when said data will be deleted from our servers and those of
MailChimp. Data we have stored for other purposes (e.g. email
addresses for the members area) remains unaffected.

For details, see the MailChimp privacy policy at https://mailchimp.com/legal/terms/.

8. Plugins and tools

YouTube

Our website uses plugins from YouTube, which is operated by
Google. The operator of the pages is YouTube LLC, 901 Cherry Ave.,
San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a
connection to the YouTube servers is established. Here the YouTube
server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows
you to associate your browsing behavior directly with your personal
profile. You can prevent this by logging out of your YouTube
account.

YouTube is used to help make our website appealing. This
constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the
data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts
provided by Google. When you open a page, your browser loads the
required web fonts into your browser cache to display texts and
fonts correctly.

When you call up a page of our website that contains a social
plugin, your browser makes a direct connection with Google servers.
Google thus becomes aware that our web page was accessed via your IP
address. The use of Google Web fonts is done in the interest of a
uniform and attractive presentation of our website. This constitutes
a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is
used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq
and in Google’s privacy policy at https://www.google.com/policies/privacy/.




Data protection information for the GYMWATCH®
Fitness Tracking System
Version R.3.1
Status: 05/18