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PRIVACY POLICY

PRIVACY POLICY

Preamble

Fit-Up GmbH (hereinafter: FIT-UP, provider), based in Linz, operates the website www.fit-up.com (hereinafter: website) and the FIT-UP app (hereinafter: app, offer, product) for Android, iOS and web.

The following data protection notice provides information on what types of personal data of users are processed by FIT-UP, for what purposes and to what extent. The data protection information applies to all processing of personal data carried out by FIT-UP, both in the context of the provision of services and in particular on the website and in the FIT-UP app, which users can install on their mobile device, as well as within external online presences, such as in the social media profiles of FIT-UP (hereinafter collectively referred to as "online offer").

1. data protection at a glance

1.1 General information

The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is all data with which you can be personally identified. Personal data (e.g. email address, fitness data in the app, etc.) is only processed by the provider in accordance with the provisions of the applicable data protection law. The following provisions provide information on the type, scope and purpose of the collection, processing and use of personal data.

1.2 Encryption

All data, both in communication with the apps and in communication with third-party providers, is transmitted in encrypted form both inbound and outbound. The encrypted connection when using the FIT-UP website can be recognized in the address bar of the browser used by the fact that the browser line begins with "https://" and by the encryption symbol located there. Encryption means that the transmitted data cannot be read by third parties.

1.3 Data acquisition

On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form. Other data is collected automatically by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter our website.

Data processing on this website is carried out by the website operator. You can find the operator's contact details in the legal notice of this website.

1.4 Use of your data

  • Provision of online offers and contract fulfillment in accordance with our GTC, including billing

  • Storage of photos uploaded by the user and any vital data entered

  • Personalization of the offer

  • Self-promotion and third-party advertising as well as market research and reach measurement to the extent permitted by law or based on consent

  • Individual product recommendations by e-mail (advertising to existing customers) - You can object to the use of your data for advertising purposes at any time by sending an email to office@fit-up.com or by clicking on the unsubscribe link in the advertising email.

1.5 Disclosure of your data

Your personal data will only be disclosed by us to third parties if this is necessary for the fulfillment of the contract, if we or the third party have a legitimate interest in the disclosure or if you have given your consent. In addition, data may be transferred to third parties if we are obliged to do so by law or by an enforceable official or court order.

 

The following only applies to private customers:
We reserve the right to use service providers for the collection and processing of data. Service providers only receive the personal data from us that they require for their specific activity. Service providers may also be commissioned to provide server capacity. Service providers are generally integrated as so-called processors who may only process the personal data of users of this online offering in accordance with our instructions. We use external payment service providers.

 

Depending on which payment method you select in the ordering process, we will pass on the data collected for processing payments (e.g. bank details or credit card details) to the credit institution commissioned with the payment or to payment service providers commissioned by us. 

1.6 Storage of your data

We store your data for as long as this is necessary to provide our online offering and the associated services or as long as we have a legitimate interest in further storage. In all other cases, we delete your personal data with the exception of data that we must continue to store in order to fulfill contractual or statutory (e.g. tax or commercial law) retention periods (e.g. invoices). Contractual retention periods may also result from contracts with third parties (e.g. holders of copyrights and ancillary copyrights). We block data that is subject to a retention period until the period expires.

1.7 Your rights regarding your data

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of data protection. You also have the right to lodge a complaint with the competent supervisory authority (Art. 77 GDPR).

1.8 Analysis and third-party tools

When you visit our website, your surfing behavior may be statistically evaluated. This is mainly done using cookies and so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information on this can be found in the following privacy policy.

2. notes and mandatory information

2.1 Data protection

As the operator of this website and the FIT-UP app, we take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. When you use this website and/or the mobile app, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

However, we would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

The controller responsible for data processing on this website is:
Fit-Up GmbH
Langgasse 10
4020 Linz, Austria

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

2.2 Personal data when using the FIT-UP app

2.2.1 Mandatory information when creating a personalized user account

In order to use the app, the user can enter an e-mail address and password as mandatory information. These are used to identify the user and for communication between the provider and the user. The e-mail address and all other user data cannot be viewed by other users. The data is stored on the basis of the consent of each user in accordance with Art. 6 para. 1 lit. a GDPR.

2.2.2 Using the app with the "Sign in with Apple" function

iOS users can also use the "Sign in with Apple" button to sign in to the app. When signing in via Apple ID, the personal email address can be hidden or shared with FIT-UP. Using "Hide email address", the user can create a generic alias address with Apple's email relay service, which is used to forward messages from FIT-UP to their private email address. "Sign in with Apple" uses two-factor authentication; no additional password is required.

2.2.3 Using the app with the "Sign in with Google" function

The user has the option of creating a FIT-UP account via their Google account or linking it to their Google profile. They can register or log in to FIT-UP with their Google account by clicking the "Sign in with Google" button when registering their FIT-UP account on the website and in the app.

log in". FIT-UP collects and stores personal data via the user's Google account, such as the user's e-mail address, optionally also first and last names and the user's profile picture. The user can individually adjust the data transfer to FIT-UP in their Google account under privacy settings.

2.2.4 Data provided by the user

The following data is collected and stored when the personalized user account is created:

  • First name
  • Last name
  • User name
  • E-mail address
  • password

FIT-UP also collects data provided by the user, which can be entered when using the app. This includes a user profile, which consists of the optional body and health data listed below:

  • Age/date of birth

  • Gender

  • Body size

  • Fitness goal (e.g. losing weight, building muscle, etc.)

  • Registered activities

  • Calorie intake & activity calories

  • Steps

  • Recorded meals

The data is collected on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR. The provision of additional data is not absolutely necessary in order to be able to use the functions of the app. However, this allows the app to be personalized much better for the respective user. In particular, the specification of weight, gender, date of birth and height is important for optimal use of the FIT-UP app.

This data is used exclusively for the stated purposes and cannot be viewed by third parties.

2.2.5 Data collected automatically by FIT-UP

When the app is installed, it is recorded once:

  • Date of installation

  • Date of registration,

  • Operating system of the device used (Android/iOS/Web)
  • Country and language

 

The collection of this data serves to improve and personalize our services and is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR.

2.2.6 Data collected during use of the app

While using the app, FIT-UP also records

  • the current IP address,
  • the version of the app used in each case
  • the current time zone

The collection of this data serves to improve and personalize our services and is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR.

2.3 Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw your consent at any time (Art. 7 (3) GDPR).
All you need to do is send us an informal message by e-mail (office@fit-up.com). 

The legality of the data processing carried out until the revocation remains unaffected by the revocation.

2.4 Right to lodge a complaint with the competent supervisory authority

In the event of breaches of data protection law, the data subject has the right to lodge a complaint with the data protection authority (Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna, telephone: +43 1 531 15 - 202525, e-mail: dsb@dsb.gv.at).

2.5 SSL or TLS encryption

Both this site and FIT-UP use SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

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

2.6 Information, blocking, deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data (Art. 15 GDPR), its origin and recipient and the purpose of the data processing and, if applicable, a right to correction (Art. 16 GDPR), blocking or deletion of this data (Art. 17 GDPR).

You can contact us at any time at the address given in the legal notice if you have further questions on the subject of personal data.

2.7 Right to restriction of processing (Art. 18 GDPR)

Under the conditions of Art. 18 GDPR, the user may request the restriction of the processing of personal data concerning you.

2.8 Right to data portability (Art. 20 GDPR)

The user has the right to receive the personal data provided by him/her in a structured, commonly used and machine-readable format or to transmit those data to another controller, provided that the processing is based on consent and the processing is carried out by automated means.

2.9 Right to object (Art. 21 GDPR)

Users can exercise their right to object to the creation of user profiles and the processing of their personal data at any time, provided that the processing is based on Art. 6 para. 1 lit. e or f GDPR. Personal data will no longer be processed unless there are compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the user. If a user's personal data is used for the purpose of direct advertising, the user naturally has the right to object to such processing at any time.

2.10. Right not to be subject to an automated decision (Art. 22 GDPR)

The user has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

3. data exchange with third parties

FIT-UP also collects and stores data provided by third-party providers on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR and

transmits corresponding data to them. Subject to legal or contractual permissions, FIT-UP processes or has the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. Processing is carried out, for example, on the basis of special guarantees, such as compliance with officially recognized special contractual obligations ("standard contractual clauses"). These are the following providers and data.

3.1 Google Fit / Health Connect

FIT-UP offers its users the option of connecting the app with Google Fit or Health Connect, a health platform of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Fit / Health Connect logs the physical activities of the respective user with the help of sensors on the mobile device or activity sensors. The following data may be transmitted to FIT-UP in the event of a link:

  • Total activity

  • Total calorie consumption

  • Completed workouts (time, duration, type, calorie consumption, altitude profile)

  • Steps (distance, number of steps)

  • Risen steps / floors

  • Weight

Conversely, FIT-UP does not transmit any data to Google Fit / Health Connect!

FIT-UP has the option of accessing the Google Fit / Health Connect data pool directly at any time. Further data protection information, in particular on the purpose and scope of data collection and the further processing and use of the data by Google Fit / Health Connect as well as the relevant rights and settings options for data protection are available at https://policies.google.com/privacy.

The use of information that FIT-UP obtains from Google APIs and its disclosure to other apps is in accordance with the Google API Services User Data Policy, including the requirements for restricted use.

3.2 Apple Health

Users also have the option of connecting their app to Apple Health, a mobile app from the technology company Apple Inc, One Infinite Loop, 95014 Cupertino, USA. The following data may be transmitted to FIT-UP in the process:

  • Total activity

  • Steps (distance, number of steps)

  • Training sessions (time, duration, type, calorie consumption)

Conversely, no data is transmitted from FIT-UP to Apple Health!

FIT-UP can access the Apple Health data pool directly at any time. Apple Health collects health-related user data and displays it in the app. Further data protection information can be found at https://www.apple.com/de/privacy/.

3.3 Fitbit

FIT-UP also offers its users the option of linking the app with Fitbit. If the user makes use of this option, the following data may be transmitted to FIT-UP by Fitbit Inc, 199 Fremont St 14th Fl, 94105 San Francisco, USA:

  • Current weight of the user

  • amount of water consumed per day

  • Workouts that the user has recorded with Fitbit (time, duration, type, calories burned)

  • Total activity (calories burned), activity duration, number of steps in a day

Conversely, no data is transmitted from FIT-UP to Fitbit!

 

The fitness tracker from Fitbit Inc. is used to record and track the training sessions completed by a user. FIT-UP is notified by Fitbit as soon as data is available for retrieval. This data is then actively collected by FIT-UP. Further data protection information can be found at https://www.fitbit.com/global/de/legal/privacy-policy.

3.4 Garmin

If the user uses the option provided by FIT-UP to link the FIT-UP app with the Garmin tracker, the following data from Garmin Switzerland GmbH, Mühlentalstrasse 2, 8200 Schaffhausen, Switzerland, may be transmitted to FIT-UP:

  • Training sessions that the user has recorded with Garmin (time, duration, type, calories burned)
  • Total activity, distance traveled, number of steps during the day

Conversely, no data is transmitted from FIT-UP to Garmin!

 

The smart devices from Garmin are used to record the user's sporting activities, among other things. FIT-UP receives the data recorded via Garmin directly via push, so that the transmitted data can be retrieved in the app within a few minutes. Further data protection information is available at https://www.garmin.com/de-DE/privacy/global/.

4. data collection on the website

4.1 Cookies

In order to make the use of the websites more user-friendly and effective overall, FIT-UP itself or third parties commissioned by FIT-UP to do so store so-called cookies on the user's hard disk, provided the user has consented to this. The legal basis is Art. 6 para. 1 lit. f GDPR.

Cookies do not damage your computer and do not contain viruses. Cookies are used to make our website more user-friendly, effective 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 at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies to analyze your surfing behavior) are stored, these are treated separately in this privacy policy.

4.2 Server log files

The provider of the website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. 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

 

This data is not merged with other data sources. The basis for data processing is Art. 6 para. 1 lit. f GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

4.3 Contact form

If you send us inquiries, your details from the inquiry form, including the contact details you provide, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. The processing of your personal data is based on the implementation of pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR.
The data you enter will remain with us for the duration of the initiation of the business relationship so that it can be used to process and respond to your inquiry and in the event of follow-up questions. Beyond this, only the absolutely necessary data will be stored in accordance with the applicable statutory provisions and retention obligations.

5. analysis tools and advertising

5.1 Google Analytics & Firebase

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Ltd ("Google"), Google Building Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.

Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.

Firebase provides app developers with technical infrastructure and a variety of tools, including Google Analytics by Firebase. This enables FIT-UP to record and analyze user behavior in the app in order to adapt the app to the needs of users and to better control functions and events. Google Analytics and Google Optimize use cookies that enable an analysis of the use of the website by the user. The information generated by the cookie about user activity on this website (including the user's IP address) is usually transferred to a Google server in the USA and stored there. FIT-UP has activated IP anonymization by adding the code "gat._anonymizeIp();" on the websites, so that the IP address of the user is shortened beforehand by Google within member states of the EU or in other contracting states of the Agreement on the European Economic Area (so-called IP masking). Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of Fit-Up to evaluate user activity on the website, to compile reports on website activity for Fit-Up and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.

Google's privacy policy is available at https://www.google.com/policies/privacy.

5.2 Browser plugin

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=de.

5.3 Objection to data collection

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 website: Deactivate Google Analytics.
You can find more information on how Google Analytics handles user data in Google's privacy policy:
https://support.google.com/analytics/answer/6004245?hl=de.

5.4 Demographic characteristics in Google Analytics

This website uses the "demographic characteristics" function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".

6. plugins and tools

6.1 Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to Google's servers. This informs Google that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If your browser does not support web fonts, a standard font will be used by your computer. 

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy.

6.2 Google Maps

The FIT-UP mobile app uses the Google Maps map service via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. The use of Google Maps is in the interest of an appealing presentation of our offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. You can find more information on the handling of user data in Google's privacy policy: https://www.google.de/intl/de/policies/privacy/.

6.3 Social media plugins

On the basis of the legitimate interests of the provider within the meaning of Art. 6 para. 1 lit. f GDPR, the provider uses various social media plugins for web analysis, remarketing and retargeting to optimize its online presence and to be able to put together more targeted offers for users.

6.3.1 Facebook

FIT-UP uses the social plugin of the social network facebook.com on the website and in the app. This is operated by Meta Platforms Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA ("Facebook"). The plugins are recognizable by a Facebook logo or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook social plugins can be viewed here:

https://developers.facebook.com/docs/plugins.

When a user accesses a function of this online offering that contains such a plugin, a direct connection is established with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User profiles can be created from the processed data. FIT-UP therefore has no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge. By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, e.g. share the website via the "Share" button on Facebook, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany. If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their membership data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service.

Further information can be found in Facebook's privacy policy

  • https://www.facebook.com/about/privacy and at

  • http://www.aboutads.info/choices (US site) or

  • http://www.youronlinechoices.com (EU side)

    deposited.

The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

6.3.2 Instagram

Functions and content of the Instagram service may be integrated within the FIT-UP app and on the website. The provider is Meta Platforms Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. This may include, for example, content such as images, videos or texts and buttons with which users can express their liking of the content, subscribe to the authors of the content or subscribe to our posts. If the user is also a member of the Instagram platform, Instagram can assign access to the above-mentioned content and functions to the user profile there. You can find out more about Instagram's privacy policy at: http://instagram.com/about/legal/privacy/

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