Privacy policy for the Hoi by Kettler App
Person responsible for data processing:
Trisport AG
Bösch 67
6331 Hünenberg
Preamble
This service (hereinafter “App“) is provided by [specific company name, legal form, address, further contact details of the responsible party] (hereinafter “we” or “us“) as the responsible party within the meaning of the applicable data protection law.
Within the scope of the app, we enable you to retrieve and display the following information:
Videos, Audios, Training Plans, Mini Workouts, Biometric Insights, Responsive Guidance.
When you use the app, we process personal data about you. Personal data means any information relating to an identified or identifiable natural person. Because protecting your privacy when using the App is important to us, we would like to inform you in the following which personal data we process when you use the App and how we handle this data. In addition, we inform you about the legal basis for the processing of your data and, insofar as the processing is necessary to protect our legitimate interests, also about our legitimate interests.
You can access this privacy policy at any time under the menu item “Privacy Policy” within the app.
1. information on the processing of your data
Certain information is already processed automatically as soon as you use the app. We have listed below for you exactly which personal data is processed:
1.1 Information collected during downloading
When downloading the app, certain required information is transmitted to the app store selected by you (e.g. Google Play or Apple App Store), in particular the user name, the email address, the customer number of your account, the time of the download, payment information as well as the individual device identification number may be processed. The processing of this data is carried out exclusively by the “Hoi by Kettler”- App beyond our control.
1.2 Information that is collected automatically
As part of your use of the App, we automatically collect certain data that is required to use the App. These include: internal device ID, version of your operating system, time of access.
This data is automatically transmitted to us, but not stored, (1) in order to provide you with the service and the associated functions; (2) to improve the functions and performance features of the app and (3) to prevent and eliminate misuse and malfunctions. This data processing is justified by the fact that (1) the processing is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b) GDPR for the use of the App, or (2) we have a legitimate interest in ensuring the functionality and error-free operation of the App and in being able to offer a service that is in line with the market and interests, which here outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR.
1.3 Creation of a user account (registration) and login
When you create a user account or register, we use your access data ([email address and password]) to grant you access to and manage your user account (“mandatory data“). Mandatory data within the scope of registration are marked with an asterisk and are required for the conclusion of the user contract. If you do not provide this data, you will not be able to create a user account.
In addition, you can provide the following voluntary information as part of the registration process: e-mail address, photo, birthdate and sex.
We use the mandatory information to authenticate you when you log in and to follow up on requests to reset your password. We process and use the information you provide during registration or login to (1) verify your eligibility to manage the User Account; (2) enforce the App’s Terms of Use and any rights and obligations associated therewith; and (3) contact you to send you technical or legal notices, updates, security messages, or other communications relating to, for example, the management of the User Account.
We use voluntary information to [display it within the app according to the settings you have made and make it available to other app users at your request].
This data processing is justified by the fact that (1) the processing is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b) GDPR for the use of the App, or (2) we have a legitimate interest in ensuring the functionality and error-free operation of the App, which here outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) GDPR.
1.4 Use of the app
Within the scope of the app, you can enter, manage and edit various information, tasks and activities. This information includes, in particular, data about the Videos, Audios, Training Plans, Mini Workouts, Biometric Insights andResponsive Guidance.
The app also requires the following permissions:
-Internet access: This is required in order to [save your entries on our servers].
– Camera access: This is required so that [you can take photos of your documents and store them in the app and on our servers].
The processing and use of usage data is carried out for the provision of the service.
2. Disclosure and transmission of data
In addition to the cases explicitly mentioned in this data protection declaration, your personal data will only be passed on without your express prior consent if this is permitted or required by law. This may be the case, for example, if the processing is necessary to protect the vital interests of the user or another natural person.
2.1 The data provided by you during registration will be shared within our group of companies [name] for internal administrative purposes, including joint customer care, to the extent necessary.
Any disclosure of personal data is justified by the fact that we have a legitimate interest in disclosing the data for administrative purposes within our group of companies and that your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) GDPR are not overridden.
2.2 If it is necessary for the clarification of illegal or abusive use of the app or for legal prosecution, personal data will be forwarded to law enforcement agencies or other authorities and, if necessary, to injured third parties or legal advisors. However, this only happens if there are indications of unlawful or abusive behavior. A transfer may also take place if this serves the enforcement of terms of use or other legal claims. We are also legally obliged to provide information to certain public authorities upon request. These are law enforcement agencies, authorities that prosecute administrative offences subject to fines, and the tax authorities.
Any disclosure of personal data is justified by the fact that (1) the processing is necessary for compliance with a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. f) GDPR in conjunction with. national legal requirements to disclose data to law enforcement authorities, or (2) we have a legitimate interest in disclosing the data to the aforementioned third parties if there are indications of abusive behaviour or to enforce our terms of use, other conditions or legal claims and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) GDPR do not override this.
2.3. We rely on the following third party companies / external service providers to provide our service: Pear Sports, LLC
Any disclosure of personal data is justified by the fact that (1) we have a legitimate interest in disclosing the data for administrative purposes within our group of companies and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) GDPR do not override and (2) we have carefully selected our third-party companies and external service providers as processors within the framework of Art. 28 (1) GDPR, regularly checked them and contractually obliged them to process all personal data exclusively in accordance with our instructions.
2.4 As our business evolves, we may change the structure of our business by changing its legal form, establishing, buying or selling subsidiaries, divisions or components. In such transactions, customer information may be transferred along with the part of the business being transferred. In any transfer of personal information to third parties to the extent described above, we will ensure that it is done in accordance with this Privacy Policy and applicable data protection law.
Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances as necessary and that your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) GDPR are not overridden.
3. Data transfers to third countries
We also process data in countries outside the European Economic Area (“EEA“). This concerns in detail: Pear Sports, LLC
For the U.S., the European Commission has taken a decision of 12 July 2016 that an adequate level of data protection exists under the rules of the EU-U.S. Privacy Shield (adequacy decision, Art. 45 GDPR). Pear Sports LLC is a company comply with EU-U.S. Privacy Shield.
4. Changes of purpose
Processing of your personal data for purposes other than those described above will only take place if permitted by law or if you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you about these other purposes prior to further processing and provide you with all other relevant information.
5. Data storage period
We delete or anonymize your personal data as soon as they are no longer required for the purposes for which we have collected or used them in accordance with the above paragraphs.
Specific statements in this data protection declaration or legal requirements for the retention and deletion of personal data, in particular data that we are required to retain for tax reasons, remain unaffected.
Rights of the data subject
You have a right to information, correction, deletion or restriction of the processing of your stored data at any time, a right to object to the processing as well as a right to data portability and to lodge a complaint in accordance with the requirements of data protection law.
- Right of access by the data subject:
You can request information from us as to whether and to what extent we process your data.
- Right to retification:
If we process your data that is incomplete or incorrect, you can request that we correct or complete it at any time.
- Right to erasure (right to be forgotten)
You can demand that we erase your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate interests in protection. Please note that there may be reasons that prevent immediate erasure, e.g. in the case of legally regulated retention obligations.
Irrespective of the exercise of your right to erasure, we will immediately and completely erase your data, insofar as there is no legal or statutory obligation to retain data in this respect.
- Right to restriction of processing:
You may request us to restrict the processing of your data if
- you dispute the accuracy of the data, for a period of time that allows us to verify the accuracy of the data.
- the processing of the data is unlawful, but you refuse erasure and instead request restriction of the use of the data,
- we no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
- you have objected to the processing of the data.
- Right to data portability:
You may request that we provide you with the data you have provided to us in a structured, commonly used and machine-readable format and that you may transfer this data to another controller without hindrance from us, provided that
- we process this data on the basis of a revocable consent given by you or for the performance of a contract between us, and
- this processing is carried out with the aid of automated procedures.
If technically feasible, you may request us to transfer your data directly to another controller.
- Right to object:
If we process your data for legitimate interest, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims. You may object to the processing of your data for the purpose of direct marketing at any time without giving reasons.
- Right of appeal:
If you are of the opinion that we are violating Swiss or European data protection law in the processing of your data, please contact us so that we can clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert any of the afore mentioned rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.
9. Contact
If you have any questions or comments about our handling of your personal data, or if you wish to exercise any of the data subject rights set out in sections 6 and 7, please contact Trisport AG using the following contact details: marketing@kettlersport.com
Our data protection officer can be reached at the following contact details:
Project 29 GmbH & Co. KG, Ostengasse 14, 93047 Regensburg, Germany
10. Changes to this privacy policy
We always keep this privacy policy up to date. Therefore, we reserve the right to change it from time to time and to update any changes in the collection, processing or use of your data. The current version of the privacy policy is always available under “Privacy Policy” within the app. Status: November 1st 2021
