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WUNDERBODY PRIVACY POLICY

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:

  • make it easier for you to understand which data we collect and how we use it
  • give you more control over your data
  • provide detailed information about your user rights

1. GENERAL

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: [support.en@wunderbody.com] (“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.

1.2. In this privacy policy (“Privacy Policy”) we want to provide you with information about us, the nature, scope and purpose of the data we collect and use, in order to give you insights into the processing of your personal data.

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 RIPE query in individual cases, but we do not perform this. Nevertheless, this Website may be accessible for both static and dynamic IP addresses assigned.

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:

  • email address
  • first name

ii. Optional Information: Certain information is optional during registration and can also be added or deleted later on. This information is:

  • last name

3.2.2. Health & Fitness Activity Information

  • fitness activities: e.g. start time, duration
  • training plan information: e.g. start date, training plan, associated fitness activities
  • photos

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:

  • first and last name
  • email address
  • gender
  • birthdate
  • profile picture

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.

To find out more about how Google handles privacy settings using Google’s privacy policy, please visit (https://policies.google.com/privacy?hl=en-US) and terms of use (https://policies.google.com/terms?hl=en). These also include the applicable conditions for the previously specified option of logging in and registering to WunderBody.

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:

  • first and last name
  • email address
  • gender
  • birthdate
  • profile picture

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.

To find out more about how Facebook handles privacy settings using Facebook’s privacy policy, please visit (https://www.facebook.com/policy.php) and terms of use (https://www.facebook.com/legal/terms). These also include the applicable conditions for the previously specified option of logging in and registering to WunderBody.

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 system you can create a WunderBody account for yourself that you can use to log in to all of our services. We make use of cookies – small files – on your browser to identify you. All data that you save to your account is stored in a WunderBody database as per applicative data protection rules. Some of our services may only be accessible if you have set up your WunderBody account. We will request this data when you register (some of it is required). In addition, you must take note of and accept our Privacy Policy and Terms and Conditions.

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:

  • public profile (photo, first name, last name, training location, motivation)
  • fitness (progress, desired objective, skills)
  • training information (duration and type of training, total number of training sessions, notes, photos)
  • social media profile (Facebook, Twitter, Instagram)
  • recipes  (meal type, notes, photos)
  • followed by/follows (persons who follow the user, persons followed by the user)

You become visible in WunderBody App with the data in your public profile. This information helps other users to find you in the WunderBody App. At the same time, other users can see your name and last name (if provided), your training location, your motivation and your profile photo. If necessary, they can also recognize you using this information. You have already agreed (and also agree by accepting this Privacy Policy) under our Terms and Conditions that upon beginning your use of the WunderBody Platform, all WunderBody users will be able to view your profile, your training data, your posts, your training spots, etc., without special consent. This is so that it is easier for others to follow you and/or support you during your use of the Platform by leaving comments and by motivating you.

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 push notifications to inform you about new followers or comments. During the installation procedure or before you use the app for the first time, we request permission to access individual functions and information. We will only access these functions with your permission. You can revoke access rights manually in the settings for each operating system. To find out how this works, go to the manufacturer instructions for your mobile OS. However, please note that you can only use the app to a limited extent. Without the relevant approval you may not use it at all. Before you use the app for the first time, we may request some necessary permissions from 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

6.1. Cookies and tracking pixels. We use cookies to improve our web service and to improve your user experience. Cookies are small text files that are saved on your computer when you visit our Platform. They facilitate the repeated allocation of your browser. Cookies save information, such as your language settings, duration of your visit to our Platform or the entries you made. This means that the required data does not need to be entered every time you use the service.  Moreover, cookies help us to recognize your preferences and adjust our Platform to your areas of interest. Most browsers accept cookies automatically. If you want to prevent cookies from being saved, you can select the ‘Accept no cookies’ option in your browser settings. To find out exactly how this works, please consult your browser manufacturer’s instructions. You can delete cookies that have already been saved on your computer at any time. Please bear in mind, however, that our Platform service can only be used to a limited extent without cookies. Moreover, every time our Platform is loaded, we record how often it is visited and clicked on by using tags on our Platform, so-called tracking pixels, likewise without any interference and intervention for your computer.

6.2. Cookies

6.2.1. What Are Cookies. The Platform uses ‘cookies’, which are small text files that are placed on your computer, mobile device and/or stored by your browser. The basis for the processing of Data via cookies are our legitimate interests.

6.2.2. Cookie Policy. For more information on the cookies we use and which, if any, Data they collect, please see our Cookie Policy below. There you will also learn how to disable them.

6.2.3. Our Cookies Policy explains what cookies are, how we use them, how third-parties we may partner with us to use cookies on the Service, your choices regarding cookies and any further information.

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.

How we use cookies

When you use and access our Service, we may place a number of cookie files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, and to enable advertisements delivery, including behavioral advertising.

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.

Third-party cookies

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?

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

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/

6.3. Plug-Ins

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

Such plug-ins can recognize a user’s IP address and the page the user visited on the WunderBody Platform and, possibly, store cookies, so that the services offered by WunderBody work properly. Some apps may use certain functions of third parties (e.g. Facebook) through their SDK (Software Development Kit), which may process general device data (e.g. device ID, etc.). Social media plug-ins and widgets are hosted either by third-party providers or directly by us. Your interactions with these plugins are subject to this Privacy Policy or the privacy policy of any third party that offers such features. The basis for the processing of Data via plug-ins are our legitimate interests.

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 a user interacts with the plug-ins, e.g. by clicking on the Facebook “Like” button or by entering a comment while being logged in to his/her Social Media account on Facebook, Google+, or Twitter, the user links the contents of the WunderBody Platform to his/her respective social media profile. Thereby, Facebook/Google+/Twitter can associate a user’s visit or use of the WunderBody Platform with the user’s social media account. WunderBody, as the provider of the WunderBody Platform, does not have any knowledge of the content of the transmitted data or its usage by Facebook, Google+, or Twitter. Users can find more information on the issue of data transmission in the privacy policy of the respective social media platform:

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:

  • the URL of both the site you visited and the one you clicked on next, as well as date, time stamp and time zone
  • IP address, access status/HTTP status code
  • transmitted data volume
  • proxy server, operating system, web browser (including language and version of the browser software) and add-ons
  • device identifier and features; and/or
  • ISP or your mobile carrier; and/or
  • GPS information or other phone-related location data (e.g. via WiFi or Bluetooth), after your explicit opt-in

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 a seamless user experience. Therefore we process your Data.

8.1.1. Providing Services. The WunderBody Platform and provides the following services:

  • authenticate your access to an account
  • track and display your health and fitness activities
  • show your training progress and statistics

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:

  • gender
  • age
  • language
  • activity data (e.g. duration of training, type of training, etc.)

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 [support.en@wunderbody.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.

9.2. Enforcement. We process your Data if we believe it’s necessary for security purposes or to investigate possible fraud or other violations of our Terms & Conditions or this Privacy Policy and/or attempts to harm our members or visitors.

10. SHARING OF DATA

10.1. General

We share Data with third parties:

  • if this is necessary, for the Purposes
  • due to a request from a national authority
  • due to a court ruling
  • if required by law
  • if necessary to investigate and defend ourselves against any third-party claims or allegations
  • to exercise or protect the rights and safety of WunderBody, our members, personnel, or
  • if you have (explicitly) consented beforehand

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

11.2.1. These usage profiles serve to analyse visitor behaviour and are evaluated to improve and design our services based on demand. In addition, we use cookies to measure and analyse technical performance data (e.g. response and load times) and application data (hardware and software used) in order to improve the performance of our products. These are text files saved on your computer that allow us to analyse how you use our Platform. The pseudonymous usage profiles are not associated with Data on the bearer of the pseudonym without the concerned party’s explicit consent. You can object to future data collection and storage for the purpose of web analysis at any time by simply deactivating cookies in your browser settings. You can find the individual privacy notices for the providers here:

11.2.2. Social Plugins. WunderBody uses social plugins from the following providers:

  • Facebook (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA)
  • Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).

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:

  • user interactions (posts, likes, etc.)
  • Facebook cookies
  • demographic data (e.g., based on information regarding age, place of residence, language, or gender)
  • statistical data on user interactions in aggregated form, that is, without the possibility to relate the information to any particular persons (e.g., page activities, page impressions, page previews, likes, recommendations, articles, videos, page subscriptions, incl. source, times of day).

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 third party services providers. We only share your Data on to third parties if:

  • you have given your explicit consent
  • forwarding data is necessary for the assertion, exercise or defence of legal claims and if there is no reason to assume you have an overriding legitimate interest in your data not being passed on
  • in the event that we have a legal obligation to forward data, and
  • this is legally permissible and required for the performance of the contractual relationship with you
  • in the case of data transfer outside the European Union, the high European level of data protection essentially does not exist. It may happen that an EU Commission adequacy decision in accordance with Article 45 (1) (3) GDPR is not currently in place. This means the EU Commission has not yet decided that the level of data protection in the respective country corresponds to the level of protection in the European Union based on the GDPR. We have therefore put the appropriate guarantees, referred to above, in place. Potential risks, which cannot be ruled out completely in connection with data transfer, are in particular:
  • your Data could be processed over and above the intended purpose.
  • moreover, it may happen that you can’t exercise your rights in relation to data protection, for example your right of access, rectification, erasure or data portability, on a consistent basis and enforce these.
  • it may also be highly likely that data is processed incorrectly and in quantitative and qualitative terms, the protection of Data fails to meet the requirements of the GDPR in full.

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):

  • Any details you published publicly (e.g. routes, comments on other registered users’ sport activities, will be anonymized, i.e. it will be made clear that such details were provided by a deleted user).
  • Any Data required for WunderBody’s performance of contractual obligations or compliance with statutory retention obligations shall not be deleted, however, it will be minimized to the necessary extent.

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:

  • If you make an inquiry pursuant this Clause 13, if you so request
  • If you feel that the processing of your Data is unlawful, but are opposed to an erasure of Data
  • If you still require the Data for the establishment, exercise or defence of legal claims; or
  • If you have objected to the processing pursuant this Clause 13

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 states that we are only allowed to collect and process your Data, if we have lawful basis for doing so. The lawfulness of processing of Data stems from:

  • your (explicit) consent in cases where you have given (explicit) consent to the processing
  • the necessity for the performance of your user contract, e.g. where Data is needed for the Product to work properly; or
  • legitimate interests pursued by WunderBody or a third party, e.g. our use of cookies, plug-ins, or targeted advertising. Our legitimate interests include protecting you, WunderBody, or others from security threats or fraud, complying with all applicable laws, managing and improving our business (e.g. customer service, reporting) including possible corporate transactions (e.g. M&A). This will enable users to share their and connect via their fitness experiences, and express all fitness and health-related opinions.

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. CHANGES TO THE PRIVACY POLICY

15.1. General. WunderBody may change this Privacy Policy.

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.