Last updated: 23rd Jan 2020
Your personal data protection is extremely important to us at WunderBody and our aim is to provide you with the best possible experience. When collecting and processing your personal data, we fully comply with the legal requirements. Below you will find more information about the scope and purpose of collecting data from our customers.
Recent updates are due to the new EU General Data Protection Regulation (GDPR), effective as of May 25, 2018 will:
1.1. We, Netcom Interactive, s. r. o., a company incorporated and registered in Slovak Republic in full compliance with the local laws with its registered legal seat at Pestovateľská 13, 821 04 Bratislava, Slovakia and registration No. 45339881 (“Company”, “WunderBody”, “we”), email address: [firstname.lastname@example.org] (“Email Address”), process your personal data when you use our App (“App”) or website (“Website”) if it has been made accessible to you (altogether the Website (where applicable) and App hereinafter also as “WunderBody Platform” or “Platform”). The processing of your personal data takes place in compliance with the General Data Protection Regulation (“GDPR“) and the Slovak Republic Data Protection Act in its current valid and effective form.
1.3. In principle, our Platform can be used without providing personal data. The use of individual services and offers on our Platform, and in particularly our App, can entail divergent regulations, which in this case are explained further down below in this document. The legal basis for data protection can be found in the GDPR.
1.4. When accessing our Platform or App only, some information is transferred such as your IP address as well as information about the device you used (computer, smartphone, tablet etc.), the browser you used (Internet Explorer, Safari, Firefox etc.), the time you visited the Website, the so-called referrer as well as the volume of data transferred.
1.5. We cannot use this data to identify an individual user. This information is only used to determine how attractive our offers are and to improve their performance or content. If we feel it’s necessary, we will improve the design to make it more appealing to you.
1.6. In the case of a static IP address, personal identification is possible by
2. DATA CONTROLLER
2.1. Controller. WunderBody is the controller of data processing and you are welcome to contact us via email under the Email Address.
2.2. Data Protection Officer. If one is assigned due to legal requirements, our data protection officer (“DPO”) can be contacted via the Email Address provided. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact the DPO.
3. WHICH DATA WE PROCESS
3.1. In General. WunderBody processes personal data (“Data”) that you as a user of the WunderBody Platform make available to us, for example by using our WunderBody Platform, and that others provide to us (“Data”).
We only collect Data that you provide, for example when you contact us, when you register a WunderBody account, when you place an order, request information or by publishing Data in our WunderBody App in your profile or in the feed.
This Data is only used for rendering or processing our services.
We store your data for as long as we need it or until you delete your account, or for as long as legal retention periods require data to be stored. Your data is subsequently deleted in accordance with legal requirements or when processing is restricted.
In the case of use purely for information, i.e. if you do not register or send us information in any other way, we only collect Data that is transferred by your browser to our servers. If you want to view our Platform, we collect the data that we need for technical purposes in order to show you our content and guarantee stability and security (legal basis is a legitimate interest pursuant to Article 6 (1) (f) GDPR).
In the context of the balance of interests in accordance with Article 6 (1) (f) GDPR, we have considered and weighed up our interest in website provision and your interest in data protection compliant processing of your Data. As the data below is technically required in order for our Platform to be available for you, to guarantee stability and security and to prevent any misuse, we have reached the conclusion that, with a state-of-the-art oriented data security guarantee, this data can be processed. Appropriate consideration will be given to your interest in data protection compliant processing.
3.2. Data You Provide to Us
3.2.1. Registration Information
i.Mandatory Information: You have to provide us the following information in order to register with us:
ii. Optional Information: Certain information is optional during registration and can also be added or deleted later on. This information is:
3.2.2. Health & Fitness Activity Information
3.2.3. Payment and Subscription Information
We may use payment providers (e.g. Apple, Google, PayPal) to process payments. Although we do not store any credit card information ourselves, we do store a payment ID number that is given out by the respective provider. This can be allocated to a person by that payment provider, as well as the duration of your subscription, price, currency, VAT (based on country information), and payment provider.
3.2.4. Phone Book Contact List
If you give us permission to access your phone book, we will compare the email addresses of your contacts with the email addresses from registered users of WunderBody and send you a list with friend suggestions. This information is not stored by us.
3.3. Data from Others
3.3.1. Registration via Google
If you register a WunderBody account via social login, Google Inc. (1600 Amphitheater Parkway, Mountain View, CA, 94043, USA, “Google”) may provide us with the following information:
We offer you the opportunity to create your own WunderBody account using your Google account, or to link your WunderBody account to your Google account. This is done to make it easier for you. Instead of using other options when registering your WunderBody account, you can register or log in to WunderBody using your Google account if you simply use Google account. You will then be forwarded to Google (where you must be logged in or have an account) and receive an explanation of the data we need from Google, like your public profile information such as first and last name, gender, and the email address you are using there. This information is required for identification purposes in order to create a secure WunderBody account for you. When you log in using your Google account, this allows us to show you which of your friends already have a WunderBody account. Your Google account and your WunderBody account will be permanently linked through your email address. We store your email information in-house and will send you information by using this address. We will also be able to tell when you have logged in using Google. As soon as you log in to your Google account, you can log in to WunderBody. We will not submit any information to Google without your consent.
IMPORTANT: We do not record your Google login data in any way, and cannot post anything to your Google profile without your consent.
3.3.2. Registration via Facebook
If you register a WunderBody account via social login, Facebook Inc. (1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”) may provide us with the following information:
To make it easier for you, we offer you the opportunity to create your WunderBody account using your Facebook account, or to link your WunderBody account to your Facebook account. You can register or log in to WunderBody using your Facebook account instead of having to register a WunderBody account. You will then be forwarded to Facebook (where you must be logged in or require an account) to find out what information we need from Facebook, like your first and last name, gender, and email address you are using there. This information is required for identification purposes to create a secure WunderBody account for you. When you log in using your Facebook account, we will be able to tell you which of your friends have a WunderBody account. Your Facebook account and your WunderBody account will be permanently linked using your email address. We store your email information in-house and will send you information by using this address as needed. We will also know when you have logged in using Facebook. When logging in to Facebook, you can also log in to WunderBody. We will not submit any information about you to Facebook without your consent.
IMPORTANT: We do not record your Facebook login data in any way, and we cannot post anything to your Facebook profile without your consent.
3.3.3. Facebook Friend List
We will receive information about your friends on Facebook if you explicitly allow us to access it. We will use this information to make friend suggestions in the WunderBody Platform, but do not store it.
3.4. Registration data. With our login
4. YOUR USE OF OUR SERVICES
4.1.WunderBody Profile. In order to use our WunderBody App, you need a WunderBody account. The data collected for this purpose has been explained herein. To provide you with the best WunderBody experience possible, our approach is partly based on publishing specific information that relates to our users within the WunderBody community, i.e. even your information. We will introduce our program to you in more detail below so that you can decide which data you want to publish. This introduction includes the following data that is visible to other users:
The WunderBody App may save all your successfully completed training units or the meals you have marked as prepared/cooked (if applicable) as well as related information such as photos or notes that you uploaded. That will allow other users to see this data and consider them as incentive for themselves, leave comments or decide whether they want to follow you.
Moreover, our WunderBody App offers users the option to be followed (‘followed by’) by others that can support or encourage them in their training experiences, or even to compete with one another. Users can therefore be searched for by the name registered in their public profile or, after linking a WunderBody account to a Facebook account, via their Friends list. You will be notified about new followers in the mobile app or by push notifications if you chose that option.
Consequently, some of your information is available to other users in the WunderBody App. We do this to ensure that nobody is left alone with their training. Instead, users’ performance is appreciated and can become an incentive for new members.
If you do not want to link your performance, you don’t have to provide any Data on your profile or training sessions or link your account to Facebook. Should this be the case, you should not save any training photos or enter any notes. We have therefore ensured that each user can change their personal information, which can be viewed by other users, and each user is free to use their own name or a fictitious name in their WunderBody App.
4.2. Limitations. Please bear in mind when entering or notifying limitations that we process special categories of Data, especially when it comes to Data relating to your health. Special categories of Data require particular protection and therefore the processing of special categories of Data is based on your consent. You are free to withdraw your consent at any time.
4.3. Access rights. We require these access options and information to ensure the technical function of our app and to provide the services offered, like access your camera or your photos, or to send you
5. OUR USE OF OTHER SERVICES
The WunderBody Platform may use other services in order to provide you with quality services. We will inform you about any changes in our third party providers.
6. COOKIES AND SIMILAR TECHNOLOGIES
6.2.1. What Are
6.2.4. What are cookies used for?
6.2.5. Cookies are small pieces of text sent by your web browser when you visit a website. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
6.2.6. Cookies can be “persistent” or “session” cookies.
When you use and access our Service, we may place a number of cookie files in your web browser.
We use both session and persistent cookies on the Service as well as different types of cookies to run the Service. These are called essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
What are your choices regarding cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer. You may also not be able to store your preferences, and some of our pages might not display properly.
Where can your find more information about cookies?
You can learn more about cookies at AllAboutCookies: http://www.allaboutcookies.org/
The WunderBody Platform includes social media plug-ins, such as:
i. Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA
ii. Google, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA
iii. WordPress, Automatic Inc, 60 29th Street #343, San Francisco, CA 94110, USA
WUNDERBODY IS NOT RESPONSIBLE FOR THE USE OF, OR GUIDELINES REGARDING THE USE OF DATA BY THIRD-PARTY PROVIDERS.
Users may recognize the respective plug-ins of third parties, either by their respective logos or by other characteristics typical for the respective social media platform on our WunderBody Platform. You can find an overview of Facebook plug-ins here. You can find an overview of Google+ plug-ins here.
If users do not want to have the respective social media platform associated with their visits to our Platform with their social media account, they must log out from their social media account.
6.4. Do Not Track Signals. The WunderBody Platform does not recognize or respond to browser-initiated Do Not Track signals. To learn more about Do Not Track signals, please visit https://allaboutdnt.com
7. DEVICE AND LOCATION INFORMATION
Here is a list of what we may receive when you visit or leave our WunderBody Platform:
7.1. Analysis of location data.
Based on your location, you can also find users near you, as well as adjust your training plan to your current environment. To find out where in the world most users are based, we perform a statistical analysis of your location data.
8. WHY WE PROCESS DATA (DATA PROCESSING PURPOSES)
8.1. Operating the WunderBody Platform. At WunderBody, it is important for us to provide you with
8.1.1. Providing Services. The WunderBody Platform and provides the following services:
8.1.2. Connect with Friends. We want to make it easier for you to find and connect with others. We may use the information you have shared within the WunderBody Platform, including GPS data, to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your use and your friends’ use of the WunderBody Platform. We also use information that you and others provide, to suggest people you may know or may want to transact with through our WunderBody Platform.
8.1.3. Customer Support. To investigate, respond to your requests, and resolve complaints and service issues, e.g. to contact you about a question you submitted to our customer support team.
8.2. Business Needs. We process your Data to manage our business needs.
8.2.1. Performance. We process your Data in order to monitor, analyse and improve the use of our WunderBody Platform. It is also important for us to protect the security or integrity of the WunderBody Platform, and their performance and functionality. For example, we analyse user behaviour and perform research about the way you use our WunderBody Platform.
8.2.2. Research and Development. We process Data, including public feedback, to conduct research so that we can develop and improve our WunderBody Platform. This is done to provide you and others with a better, more intuitive and personalized experience, and drive user growth and engagement in our WunderBody Platform.
8.2.3. Advertising. We target and measure the performance of ads to registered users and visitors directly or through DFP. We use the following data, either separately or combined:
8.2.4. Marketing General. We process Data to deliver (tailored) marketing materials about WunderBody products and online services that are offered to you.
8.2.5. Email/Push Message Marketing. We will only send you marketing emails or push messages with information on fitness and health-related topics if you give us your consent. We will ask you to confirm your email address before you receive any marketing emails.
We would like to inform you that we assess your user behaviour when reading the emails with the help of so-called web beacons or tracking pixels. The information created by this is then linked to other collected Data, your email address, and an individual ID. We use this merged information to create a user profile to personalize our marketing emails / push messages. We collect data when you read our emails, on which links you click, and combine this with your actions in the Product.
Your Data is stored by us for the purpose of email marketing or marketing on the WunderBody Platform. If you don’t want us to do that anymore, you are free to revoke your consent to the marketing emails and push messages at any time. Simply click the link at the end of the email or changing your privacy settings concerning push messages. We store the tracking information for as long as you are subscribed to our marketing emails.
8.2.6. Push notifications as part of the user experience. We need your permission if you wish to receive our push notifications on your mobile iOS device even if the app is not open. Our app only uses push notifications if you have given your explicit consent to these. You are free to disable push notifications in settings at any time.
8.2.7. Push notifications for marketing purposes. We also require your consent if you wish to receive our push notifications for marketing purposes on your mobile iOS device even if the app is not open. Our app only uses push notifications for marketing purposes with your explicit consent. You can disable push notifications in settings at any time.
8.2.8. Newsletter, newsletter personalization and analysis of user behaviour. You can subscribe to our newsletter if you want to receive regular updates or information about topics and products that are referred to in the declaration of consent. In order to do so, we need your valid email address. The provision of other separately highlighted data is voluntary and will be used when we want to contact you personally. This will only happen with your consent. When we send the newsletter, we analyse your user behaviour, i.e. opening and click behaviour. Technically, your user behaviour may be analysed by MailChimp. We are able to draw conclusions regarding your user behaviour in order to improve our newsletter and ensure that you only receive newsletters that are of interest to you. Your user behaviour is tracked only with your permission.
To double check if you actually want to receive information from us, we use the double opt-in procedure. That means that we will send an email to the email address you provided when you subscribed to our newsletter. If you do not confirm your subscription, your data will not be saved by MailChimp in our email dispatch tool. In addition, we save your IP address and dates of newsletter subscription and confirmation. The purpose of this procedure is to verify your subscription and, where appropriate, protect your Data of being misused.
Naturally, you can unsubscribe from the newsletter at any time. The unsubscribe link can be found in the masthead of every email or in your profile settings.
If you want to prevent personalization and tracking, or you do not agree to processing for the purposes indicated, you can refuse this by sending an email to [email@example.com] or by changing your profile settings accordingly.
9. COMPLIANCE AND ENFORCEMENT
9.1. Compliance. We process your Data to comply with our obligations and in compliance with all applicable laws and regulations.
10. SHARING OF DATA
We share Data with third parties:
In a case of legal demands for your data, we attempt to notify when we believe it is appropriate, unless it is prohibited by law or court order, or when the request is an emergency. We may dispute such demands when we believe that the requests are overbroad, vague or lack proper authority.
Special categories of Data, such as information about your heart rate or other health issues, will never be shared with advertisers or similar agencies.
10.2. Our Services
10.2.1. Profile. Your profile is fully visible to other users on WunderBody. This means that all users of WunderBody will be able to see your profile. They are able to see your name and surname (if provided), your city/town, your motivation and your profile photo and they can recognize you using this information if necessary.
10.2.2. News Feed. Our services allow viewing and sharing information through posts, likes and comments. Certain actions, such as tracking an activity, starting a training plan, upgrading to Premium Membership or establishing a new friendship connection, will automatically be posted in the News Feed.
10.2.3. Leaderboard. You will automatically join a Leaderboard of accumulated points based on duration. This means your data will be part of the Leaderboard.
10.3. Services You May Use. WunderBody allows you to connect to third-party services, like enabling you to connect other accounts to your WunderBody profile or to share your activities with friends.
10.3.1. Health and Fitness Services. WunderBody transfers your information to other health and fitness services, such as Apple HealthKit, only after you explicitly gave consent when you connect to such services.
10.3.2. Social Networks and Messenger Services. You can decide to share finished activities via Facebook, Twitter, WhatsApp, Viber, Telegram or any other messenger service you may use on your mobile device. Please note that we do not have any influence on or knowledge of the scope and the further use of the Data by the respective messaging service. Therefore we cannot take any responsibility for the use of your Data by other messaging providers. Please see the privacy policies of the respective messaging services for details.
11. SERVICE PROVIDERS AND OTHER THIRD PARTY SERVICES
11.1. Service Providers. Your information is shared to others, who help us provide and improve our WunderBody Platform (e.g. maintenance, audit, analysis, payments, fraud detection, development and marketing). Service providers will have access to your information as it is reasonably necessary to perform these tasks on our behalf, and they will not disclose or use it for other purposes. We use processors such as Google, Facebook, Amazon Web Services, Inc., Digital Ocean, MailChimp, WordPress.
11.2. Third-Party Services
11.2.2. Social Plugins. WunderBody uses social plugins from the following providers:
Plugins normally collect your data and transmit it to the server of the respective provider.
After being activated, the plugins record certain Data, such as your IP address, and send it to the server of the respective provider where it is stored. Active social plugins also create a cookie with a unique identifier when accessing the respective website. This allows the provider to create profiles on your usage behaviour. It even happens if you are not a member of the social network of the respective provider. If you are a member of the provider’s social network, and if you are logged in to the social network while visiting the Platform, your data and visit information will be associated with your profile on the social network. We cannot influence the exact scope of the data collected on you by the respective provider. Please refer to the privacy policies of the respective social network providers for more detailed information on the scope, manner, and purpose of data processing, and on your rights and setting options to protect your privacy. These can be found in the table above or you can visit the following addresses:
11.2.3. Social media fan pages. WunderBody maintains so-called fan pages with social media providers like Instagram and Facebook (both: Facebook Inc. Menlo Park, California) in order to communicate with customers, interested parties, and users who are active there, and to inform them about our products, services, and events. In doing so, the users’ data can be processed outside of the EU. The above-mentioned US providers are part of the EU-US Privacy Shield framework and thus guarantee the observance of European data protection laws.
In the opinion of the European Court of Justice (ECJ), WunderBody as well as Facebook are responsible for the processing of your Data. You can find the decision of the ECJ dated June 5, 2018 here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=298398
A Joint Controller Agreement exists with Facebook Inc. pursuant to Art. 26 GDPR, which can be found here: https://www.facebook.com/legal/terms/page_controller_addendum. Facebook Ireland pledges to assume the main responsibility in the context of the General Data Protection Regulation (GDPR) for the processing of Insights data and to fulfill all applicable obligations in the context of the GDPR with reference to the processing of Insights data (including, but not limited to Articles 12 and 13 GDPR, Articles 15 to 22 GDPR, and Articles 32 to 34 GDPR). Facebook Ireland will also make the essential information of this Page Insights Addendum available to the affected parties. Please contact Facebook to assume your rights as affected parties. The Data Policy of Facebook can be found here: https://www.facebook.com/privacy/explanation
When using the Facebook fan page, some (or all) of the following data will be collected from you for the purpose of user communication and target group advertising:
Facebook use Data for advertising purposes and we use the statistics function to find out more about visitors to our fan page. This enables us to adapt our content to the respective target group. For instance, we use the demographic information about the users’ age and location, whereby it is not at all possible for us to relate this information to persons.
Facebook saves cookies on the end device of the user in order to provide the social media service in the form of our Facebook fan page and to use the Insight function. These include session cookies, which are deleted when the browser is closed, and persistent cookies that remain on the end device until they expire or are deleted by the user.
We use the Facebook Insights function for statistical evaluation purposes, and this allows us to receive anonymized data concerning the users of our Facebook fan page. As a result, it is not possible for us to trace them back to you. For more information, you can refer to the cookie guideline https://www.facebook.com/policies/cookies/ of Facebook.
The Data of users are processed on the basis of our justified interest in effectively providing information to users and maintaining communication with the users, as well as for the purposes of statistical evaluation pursuant to Art. 6(I) (f) GDPR.
11.2.4. Analytics. We may use Appsflyer to collect information about visitor behavior and visitor demographics on some of our Services, and to develop and improve website content. This analytics data is not directly tied to your Personal Information. For more information about Appsflyer, please visit https://www.appsflyer.com/product/security-and-privacy.
11.2.5. Transfer of data to
12. HOW LONG DO WE STORE DATA?
12.1. Storage Period. We store your Data for as long as you are a registered user of the WunderBody Platform. Beyond that, we only store Data if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
12.2. Account Deletion. If you decide to delete your account, all Data we have about you will be deleted (usually within 30-60 days), with the following exceptions (if applicable):
A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.
13. WHICH RIGHTS DO YOU HAVE?
13.1. Exercise your Rights. To exercise your rights defined herein, please send a request via email to the Email Address (including any other dedicated email address) or via mail to our postal address.
13.2. Revocation of Consent. You can revoke your consent – such as in cases where consent for processing is necessary – for future data processing at any time. However, this does not affect the lawfulness of Data processing based on the consent before the revocation. In certain cases, we may continue to process your information after you have withdrawn consent, if we have another legal basis to do so or if your withdrawal of consent was only limited to certain processing activities.
13.3. Right of Access. You have the right to obtain (i) confirmation as to whether or not your Data is being processed by us and, if so, (ii) more specific information on the Data. The more specific information concerns, among other things, processing purposes, categories of Data, potential recipients, or the duration of storage.
13.4. Right to Rectification. You have the right to obtain the rectification of inaccurate Data concerning you from us. If the Data processed by us is not correct, we will immediately rectify these and inform you of this rectification. Please note that (i) you can change your information in the settings and (ii) it is not technically possible for us to rectify all kinds of data in our Product.
13.5. Right to Erasure. You have the right to delete any of the Data we store about you. Should you decide to do so, please go to your account settings on the Platform and delete your account there. If you are unable to do this, please contact us via the Email Address. As a safety measure, we will send you an email to confirm this deletion. Your Data will only be deleted after this confirmation email was sent. Please note that your phone may still have Data stored on it after your account was deleted.
13.6. Right to Restriction of Processing. You have the right to obtain a restriction of processing of your Data from us in the following cases:
13.7. Right to Data Portability. You have the right to (i) receive a copy of your Data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from us. You are entitled to ask us to provide you with a copy of your Data by email.
13.8. Right to Object. You may at any time object to the processing of Data for which our legitimate interests are the legal basis, including profiling based on those provisions. You also have the right to object to the processing of Data for direct marketing purposes.
13.9. Right to File a Complaint. You have the right to file a complaint with your local supervisory authority, if you think that the processing of Data infringes applicable law.
14. FURTHER IMPORTANT INFORMATION
14.1. Legal Bases. Data protection laws
14.2. Security Measures. We are committed to protecting your Data and implement appropriate technical and organizational security measures to do so. We will protect it against any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. Our security measures are constantly revised to comply with the latest technological developments.
15.2. Material Changes. If we make material changes to it, we will notify all our users directly in our WunderBody Platform, or by other means (e.g. via email). This will give you the opportunity to review the changes before they become effective. Material changes could, for example, include further tracking, profiling, and analytics services. Should your consent be necessary, we will ask for it before the changes become effective. If you object to any changes, you may need to close your account as it might not function properly.
16. CONTACT US
16.1. You can contact us by e-mail or by completing the contact form.
16.2. This Data will be used only for the purpose for which you make it available to us when you contact us.
16.3. If we request entries in our contact form which are required for establishing contact, we have marked them as compulsory (*). Any information without an asterisk is optional. We use this data to put your query into specific terms and handle your issues more effectively. Providing this data is entirely voluntary and will only take place if you give your consent. If the data in question refers to communication channels (for example, e-mail address, phone number), you also give consent for us to contact you or resolve your issue via these communication channels.
16.4. You are free to withdraw your declarations of consent for the future at any time. If you wish to do so, please contact the data controller.