Data protection regulations. Terms and conditions
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DATA PROTECTION INFORMATION AfyaM APP
I. Scope
The following information relates to the Processing your Personal Data from users of AfyaM App (hereinafter referred to as “App”) (= “Data Subject” in terms of the GDPR; hereinafter referred to as “you” / “your”).
II. Definitions
For the purpose of this data protection information, the terms listed in this section II., when used in their capitalized form, shall have the meaning as set forth below:
“GDPR” means General Data Protection Regulation (Regulation (EU) 2016/679).
“Personal Data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (article 4 no. 1 GDPR).
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (article 4 no. 7 GDPR).
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law (article 4 no. 7 GDPR).
‘Data Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing (article 4 no. 9 GDPR).
III. Data Controller and its data protection officer
For the processing of your personal data as described under section IV., unless explicitly stated differently,
AfyaM has appointed a data protection officer which can be contacted via email (privacy@afyam.com).
IV. Situations, purposes and legal bases of the Processing of your Personal Data
1. Login
To use the App, you have to log in to the App with either the credentials of your AfyaM account you registered for (email and password), or with your Facebook or Google account credentials.
Once you register for an AfyaM account, we process your Afyam credentials (email address and password) when you log in or authentication.
For a login via Facebook or Google you will be forwarded to Facebook or Google, where you can log in with your Facebook or Twitter credentials and grant the App access to your Personal Data from your public profile (e.g. name, picture etc.) and – if you granted consent in your Facebook/Twitter platform settings – your email address, date of birth, and/or friends list.
These processing activities are necessary for the provision of our service, namely to provide you with dedicated access to your AfyaM profile (see sec. 2 of this data protection information) (legal base: article 6 para. 1 lit. b) GDPR).
2. AfyaM profile
When you log in to the App for the first time, we collect Personal Data from you in order to create and/or to complete your user profile.
This includes mandatory Personal Data like your name, your email address (if you registered via email/password), gender, as well as information on your fitness goals, preferred activities, and training habits. This processing activity is necessary to provide you with the core functionalities of the App, namely customized workout recommendations and training motivation based on your fitness and training interest, habits, and goals (legal base: article 6 para. 1 lit. b) GDPR).
In addition, we also process Personal Data, which you voluntarily provide us with, in order to provide you with additional functionalities and/or an even more customized user experience, such as
• date of birth,
• information on weight and height, which is necessary to provide you with a customized calculation of calories you burned during your workouts and/or
• information on your location, which is necessary to provide you with information on trainers and workout courses close to your location
(legal base: article 6 para. 1 lit. b) GDPR). These optional data can be deleted from your profile at any time (see section VI. 2. of this data protection information). This may, however, have the consequence that the described functions are no longer available.
3. Tracking, recording, and sharing of workouts
If you want to track and record your workouts we are Processing your workout data (e.g. date, duration, distance, or repetitions, speed, calories etc.). This data may be collected directly via
the App or indirectly through access to relevant data (e.g. heart rate) from third party applications (e.g. health app on your device) and/or (fitness) sensors and devices (e.g. GPS and/or gyroscope sensor integrated in your device, external heart rate monitors etc.), provided you granted prior consent that the App can access data from the relevant apps, sensors, and/or devices. This consent can be at any time amended or withdrawn in the account settings.
Once you finished a workout, this workout, including the recorded workout data, is stored in your AfyaM profile.
These processing activities are necessary to provide you with the opportunity to track, record, and share your workouts to the extent you wish (legal base: article 6 para. 1 lit. b) GDPR).
4. Location-related design of the app
If you granted consent that the app may access the location data of your end device, we will also use this data to adapt the contents of the app or to send out push notifications (see section 5 of this data protection information) in a site-specific manner. This way, we can for example automatically inform you about training opportunities and activities in your current environment and, thus, make your app experience even better (legal basis: article 6 para. 1 lit. a) GDPR).
You can prevent the location-based design of the app at any time by withdrawing your consent for location access through the app in your device settings. The withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.
5. Push Notifications
If you have granted consent to receive push notifications, we process your device token ID to send you push notifications to your App including information on about for example a new version of the App or on current campaigns (legal base: article 6 para. 1 lit a) GDPR).
You have the right to withdraw your consent at any time by disabling the push notifications for the App in your device settings. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
6. Analytics
We process personal data about your last accesses to the App (e.g. IP address, access time, and – if consent is granted to access location data – location of access).
In addition, we use analytic services from Google Ireland Limited (Google Analytics for Firebase), and Facebook Ireland Ltd. (Facebook Analytics) to evaluate and improve the App and its functionalities. These services use cookies and similar tracking technology to collect pseudonymized data on the usage of the App, so called screen visits and events (e.g. like logins, content viewed, started and/or finished workouts etc.). At collection of this data, your IP address is either not collected or anonymized. Data we collect with the help of these services are merged to aggregated reports on the usage of our app (e.g. numbers of users per day, visits/downloads of specific workouts etc.) and cannot be attributed to you. For more information on the data processing of these services please refer to the following links:
Google Analytics for Firebase
Facebook Analytics.
This Processing is necessary for the purposes of the legitimate interests pursued by us, namely analyses and statistics in order to improve our products (legal base: article 6 para. 1 lit. f) GDPR; sec. 15 para. 3 German Telemedia Act (“Telemediengesetz”; TMG)).
Right to object analytics:
You can object to this Processing at any time in the privacy settings of the App on your device by deactivating “Analytics”.
7. E-Mail-marketing
7.1 AfyaM e-mails
We use the email-address, which you provided for your AfyaM profile, to occasionally send you e-mails with information on news and campaigns in connection with the App.
This Processing is necessary for the purposes of the legitimate interest advertising our services/functions in connection with the App towards you
Right to object e-mail-marketing:
You can object to this Processing and unsubscribe from AfyaM e-mails at any time by sending an e-mail to our customer service (afyam@velobis.com) stating your wish to unsubscribe or by just clicking on the link “Unsubscribe”, which is included in every of our marketing e-mails.
7.2 AfyaM product newsletter
If you have subscribed to our email newsletter via “double opt-in” procedure we will send you from time to time newsletters to inform you about our products and promotions (legal base: Art. 6 para 1 lit. a) GDPR).
You can withdraw your consent and unsubscribe from our AfyaM product newsletter at any time by sending an email with your unsubscribe request to our customer service (afyam@velobis.com) and/or by clicking on the unsubscribe link which is contained in every newsletter email.
8. Target audience advertising for Afyam Athlets
8.1 AfyaM related personalization of e-mail-marketing
We use your e-mail address and certain demographic data of your AfyaM profile (name, gender, location), to tailor our email-marketing to target groups
You can withdraw your consent at any time by deactivating "Personalized Remarketing" in the privacy settings. The withdrawal of your consent does not affect the lawfulness of processing based on consent before its withdrawal.
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