We are delighted that you are using our products. Protecting your privacy and personal data when using our products is important to us. Therefore, we adhere strictly to the rules of data protection laws. We collect personal data only insofar as necessary for the use of our services. The following explanations help you understand how we ensure this protection and which data is collected and for what purpose.
VisualHype GmbH, Therese-Giehse-Allee 26, 81739 München (see our imprint) (“VisualHype”), email address: email@example.com (“Email Address”), process your personal data when you use our apps (“Apps”) or website (“Website” and, together with the Apps, “Products”). The processing of your personal data takes place in compliance with the General Data Protection Regulation (“GDPR”).
The controller of data processing is VisualHype. You can contact us via email under the Email Address.
2.2 Data Protection Officer
Our data protection officer can be contacted under the Email Address. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.
3. Which Data We Collect And Process
3.1 In General
VisualHype processes personal data that you as a user of the Products make available to us, for example by using our Products, and that others provide to us (“Data”).
3.2 Data You Provide to Us
When using our Products, you have the option of transmitting health and movement data (namely steps, distance, climbing stairs, activity energy, training, gender, height, weight) in our app, which are stored on your mobile device. You can undo this step by turning off the respective approvals in the “Apple Health” app on your mobile device. When you create an account with us, this information will be broadcast to one of our servers and made visible for a defined group of users according to your specifications.
3.3 Data from Others
Registration via Facebook
If you register a VisualHype account via Facebook (Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”), we will receive the following information: First and last name, email address, gender, birthdate, profile picture.
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 Products, but do not store it.
Import Fitness Activity Information from Connected Accounts
Apple HealthKit. We use Apple’s (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) HealthKit (for more information see here) framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with the user’s explicit consent – lets apps communicate with the HealthKit store to access and share this data. We process the following Data, obtained through the HealthKit framework and the Apple CoreMotion processor (for more information see here), for the purposes described below and with explicit consent by the user: gender, steps, weight, height, calories, distance, floors walked and duration. New data attributes may be added to the HealthKit framework, which will be portrayed in the Product and which you have to consent to. VisualHype and VisualHype’s analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. VisualHype does not use information gained through the HealthKit framework for advertising or similar services. You can always stop VisualHype from accessing your data by changing the settings of your mobile device.
3.4 Service Use
Google Analytics for Mobile
General. For Apps on iOS and Android we use Google’s Google Analytics for Mobile (for more information see here). User data is transmitted in an anonymized form to Google. Our Apps use identification for mobile devices, including the Google Advertising ID (“GAID”) and the ID for Advertising for iOS (“IDFA”), as well as technologies similar to cookies for the use execution of the Analytics for mobile service.
Purpose. We use Google Analytics to analyze and constantly improve the use of our Products. Through the statistics we are able to improve our services and make them more interesting for users. In those special cases in which personal data is transmitted to the USA, Google is certified via EU-US privacy shield. The basis for the processing of Data are our legitimate interests.
For Apps on iOS and Android we use Facebook Analytics (for more information see here). This allows us to us to track and analyze which marketing channels or sources, in connection with Facebook, are producing the best results for directing users to download the Products and to help us understand how our users are using our app. For this purpose, Facebook Analytics processes mobile identifiers such as the IDFA, GAID or similar mobile identifiers. For more information on Facebook Analytics, see here. The basis for the processing of Data are our legitimate interests.
3.5 Cookies and Similar Technologies
What Are Cookies. The Website uses “cookies” – small text files that are placed on your computer, mobile device and/or stored by the browser. The basis for the processing of Data via cookies are our legitimate interests.
The VisualHype Products include social media plug-ins, such as (i) Facebook; (ii) Google +, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; and (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, CA 94041, USA.
VISUALHYPE IS NOT RESPONSIBLE FOR THE USE OF, OR GUIDELINES REGARDING THE USE OF, PERSONAL DATA BY THIRD-PARTY PROVIDERS.
Users may recognize the respective plug-ins of third parties, e.g. by the respective logo or other characteristics typical for the respective social media platform on our Website. You can find an overview of Facebook plug-ins here. You can find an overview of Google+ plug-ins here. You can find an overview of Twitter plug-ins here.
- Facebook: http://www.facebook.com/about/privacy/
- Google+: http://www.google.com/intl/en/policies/privacy/
- Twitter: https://twitter.com/privacy
If users do not want to have the respective social media platform associate their visits to our Website with their social media account, users must log out from their social media account.
Do Not Track Signals
The Products do not recognize or respond to browser-initiated Do Not Track signals. To learn more about Do Not Track signals, you can visit https://allaboutdnt.com.
3.6 Device and Location Information
When you visit or leave our Products, we receive
- the URL of both the site you came from and the one you go to next, as well as date and 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.
4. Why We Process Data (“Purposes”)
4.1 Operating the Products
We process your Data to be able to provide you with a seamless user experience when using the Products.
Providing Services. To operate the Products and provide the services, including to
- authenticate your access to an account;
- track and display your health and fitness activities
- show your training progress and statistics; and
Connect with Friends. To make it easier for you to find and connect with others. We may use the information you have shared within the Products to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your friends’ use of the Products, and information you and others provide, to suggest people you may know or may want to transact with through our Products.
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 service team.
4.2 Business Needs
We process your Data to manage our business needs.
Performance. We process Data to monitor, analyse and improve the use of our Products, as well as protect the security or integrity of the Products, and their performance and functionality. For example, we analyze user behaviour and perform research about the way you use our Products.
Research and Development. We process Data, including public feedback, to conduct research for the further development of our Products, in order to provide you and others with a better, more intuitive and personalized experience, and drive user growth and engagement in our Products.
Marketing General. We process Data to deliver (tailored) marketing materials about VisualHype products and online services to you.
Email/Push Message Marketing. With your explicit consent we will send you marketing emails or push messages with information on fitness and health-related topics. 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 behavior when reading the emails with the help of so-called web beacons or tracking pixels. The information created by this is then linked to the information collected in 3.6, your email address, and an individual ID. With this merged information, we can create a user profile to personalize our marketing emails / push messages. We collect data on when you read our emails, or which links you click, and combine this with your actions in the Product.
We store and use your Data for the purpose of email marketing or marketing on the Website by VisualHype. You can revoke your consent to the marketing emails and push messages at any time, by clicking the link at the end of the email or changing your privacy settings concerning push messages. We store the tracking information as long as you are subscribed to our marketing emails.
Retargeting. You might see marketing messages (ads) on the platforms listed below, if you give us your explicit consent to share your advertising identifier (IDFA, GAID) with those platforms. In addition, other users who have similar characteristics to you on those platforms could see marketing messages on those platforms as well (i.e. Facebook Lookalike audience). An opt-out is possible at any time in your privacy settings. It may take a few days after the opt-out until you are removed from all audiences. List of other platforms: Facebook, Instagram, Google, Twitter.
4.3 Compliance and Enforcement
Compliance. We process your Data to comply with our obligations and in compliance with all applicable laws and regulations.
5. Sharing of Personal Data
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 VisualHype, our members, personnel, or
- if you have (explicitly) consented beforehand.
We attempt to notify you about legal demands for your Data when we think it is appropriate, unless 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 personal data, such as heart rate data or other health data, will never be shared with advertisers or similar agencies.
5.2 Our Services
Profile Your “Stepz Friends” profile is fully visible to your friends on Stepz by default. This means, as soon as you add friends in the Stepz app, those people will be able to see your profile. In your “Stepz Friends” settings you can set your profile visibility to “Privacy mode” to hide your steps activity from friends. Please note that your user name and profile picture are visible to everybody at all times. This is necessary to enable others to send you a friend request.
Leaderboard If you use the “Stepz Friends” feature, you will automatically join a Leaderboard of accumulated number of steps among your friends. This means, once a friend request is accepted, you will be part of the Leaderboard. You can opt out of the Leaderboard by removing all friends or deleting your “Stepz Friends” account.
5.3 Services You May Use
VisualHype lets you connect to third-party services. For example, to enable you to connect other accounts to your VisualHype profile or for sharing your activities with friends.
Health and Fitness Services. VisualHype transfers your information to other health and fitness services, such as Apple HealthKit only after you explicitly consent to the transfer when you connect to such services.
Social Networks and Messenger Services. You can decide to share finished activities via Facebook, Twitter, WhatsApp, 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, and cannot take any responsibility for the use of your Data by the respective messaging provider. Please see the messaging service’s respective privacy policies for details.
5.4 Service Providers and Other Third Party Services
Service Providers. We share your information to others, who help us provide and improve our Products (e.g. maintenance, analysis, audit, payments, fraud detection, marketing and development). Service providers will have access to your information as reasonably necessary to perform these tasks on our behalf, and are obligated not to disclose or use it for other purposes. We use processors such as Apple, Google, Facebook.
6. How Long We Store Data
6.1 Storage Period
We store your Data as long as you are a registered user of the Products. Beyond that, we only store Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
6.2 Account Deletion
We will delete your “Stepz Friends” account upon message to that effect. For this purpose, please use the email address firstname.lastname@example.org. After receiving your message with that effect, we will delete your “Stepz Friends” account as a whole and remove all data stored on our server. You can delete the data on your mobile device by deleting the app itself, however this will not delete the data stored by the “Stepz Friends”.
7. Which Rights You Have
7.1 Exercise your Rights
To exercise your rights defined in sections 7.2 to 7.8, please send a request via email to the Email Address or via mail to our postal address.
7.2 Revocation of Consent
You can revoke your consent – in those 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 limited to certain processing activities.
7.3 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.
7.4 Right to Rectification
You have the right to obtain the rectification of inaccurate Data concerning you from us. In case the Data processed by us is not correct, we will rectify these without undue delay and inform you of this rectification. Please note that (i) you can rectify much of your information in the settings and (ii) it is not technically possible for us to rectify all kinds of data in our Product.
7.5 Right to Erasure
You have the right to delete Data we store about you. Should you decide to do so, we will delete your “Stepz Friends” account upon message to that effect. For this purpose, please use the email address email@example.com. After receiving your message with that effect, we will delete your “Stepz Friends” account as a whole and remove all data stored on our server. You can delete the data on your mobile device by deleting the app itself, however this will not delete the data stored by the “Stepz Friends”.
7.6 Right to Restriction of Processing
You have the right to obtain a restriction of processing of your Data from us in the following cases:
- you make an inquiry pursuant para. 7.4, if you so request;
- you are of the opinion that the processing of your Data is unlawful, but are opposed to an erasure of Data;
- you still require the Data for the establishment, exercise or defense of legal claims; or
- you have objected to the processing pursuant para. 7.8.
7.7 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 can download a copy of your Data in your account settings on the Website.
7.8 Right to Object
You have the right to object at any time 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 processing of Data for direct marketing purposes.
7.9 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.
8. Further Important Information
8.1 Legal Bases
Data protection laws regulate that we are only allowed to collect and process your Data, if we have lawful bases for processing. 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 a satisfactory use of the Product; or
Our legitimate interests include protecting you, VisualHype, 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), enabling users to share their and connect via their fitness experiences, and express all fitness and health-related opinions.
8.2 Security Measures
We are committed to protecting your Data and implement appropriate technical and organizational security measures to protect it against any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. Those security measures are constantly revised to comply with the latest technological developments.
9.2 Material Changes
If we make material changes to it, we will provide notice directly in our Products, or by other means (e.g. via email), to offer 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.
9.3 Last Updated