FitCrowd

 

FITCROWD PRIVACY POLICY

Last updated: June 25, 2020

Table of content

  1. OVERVIEW:
    1. Interpretation
    2. Definitions
  2. COLLECTING AND USING YOUR PERSONAL DATA
    1. Types of data colected:
    1. 2.1.Personal Data
      1. Registering with Facebook or Google
      2. Usage data
      3. Payments data
    1. 2.2.Tracking Technologies and Cookies
  1. All about cookies
    1. 1.3.Location Data
    2. 1.4.Access rights
    1. Use of your personal data

2.1 FitCrowd Community Profile

2.2 Purposes of Data usage

2.3 Push notifications

2.4 FitCrowd marketing purposes

2.5 Google Analytics

  1. RETENTION OF YOUR PERSONAL DATA
  1. TRANSFER OF YOUR PERSONAL DATA
    1. Business Transactions
    2. Law enforcement
    3. Other legal requirements
  2. SECURITY OF YOUR PERSONAL DATA – YOUR RIGHTS
    1. Information on the option to lodge a complaint
    2. Information on withdrawal of consent
    3. Right in the event that data is processed for direct marketing purposes
    4. Information on right to object in the case of balance of interests
    5. The right on data portability
  3. LINKS TO OTHER WEBSITES
  4. CHANGES TO THIS PRIVACY POLICY
  5. CONTACT US

 

Kudos Technologies SRL welcomes your interest in this website. We take your privacy seriously and want you to understand our practices with respect to the handling of your personal data. This privacy statement explains how we do this.

 

This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the FitCrowd service and tells you about your privacy rights and how the law protects you.

 

We use your personal data to provide and improve the service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

A. OVERVIEW

1. Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

2. Definitions

For the purposes of this Privacy Policy:

 

The term “GDPR” means General Data Protection Regulation (GDPR), which is the law created by the European Parliament and Council (EU) 2016/679 dated April 27th 2016, regarding the protection of natural persons under the processing of personal data.

 

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Company (referred to as either ”the Company’’,  ”We”,  ”Us” or ”Our” in this Agreement) refers to Kudos Technologies SRL , located in Romania, Cluj County, Campia Turzii, Baii Street, no. 16, Apt. 18.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where  ″control″ ; means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for you to access our Service or parts of our Service.

Website refers to FitCrowd, accessible from https://www.fitcrowd.net/

Service refers to the Website.

Country refers to:  Romania

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

Personal Data is any information that relates to an identified or identifiable individual.

Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

B. COLLECTING AND USING YOUR PERSONAL DATA

1. Types of Data Collected

1.1 Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

 

We only collect personal data if you provide it to us, for example when you contact us, in particular by registering a FitCrowd account, placing an order, requesting information or publishing personal data in our FitCrowd Apps in your profile or in the feed.

We use the personal data you provide only to the extent that your data is necessary for rendering or processing our services.

 

i) Registering with Facebook or Google

We also offer you the opportunity to create your FitCrowd account using your Facebook or Google account, or to link your FitCrowd account to your Facebook or Google account. You can register or log in to FitCrowd using your Facebook or Google account if you simply use Facebook or Google instead of the other options while registering your FitCrowd account. You will then be forwarded to Facebook or Google (where you must be logged in or require an account) and receive an explanation of which of your data we need from Facebook or Google, namely your public profile information such as first and last name, gender, picture, and the email address you are using there. This information is required for identification purposes in order to create a secure FitCrowd account for you. When you log in using your Facebook account, this allows us to show you which of your friends are already with FitCrowd. Your Facebook or Google account and your FitCrowd account will be permanently linked using your email address. We store your email information in-house and will send you information using this address as needed. We can also tell that you have logged in using Facebook or Google. As soon as you log in to Facebook or Google, you can log in to FitCrowd. We will not submit any information on you to Facebook or Google without your consent.

 

Important: We do not record your Facebook or Google login data in any way, and cannot post anything to your Facebook or Google profile without your having expressly consented to this.

 

ii) Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

 

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device. We collect this data 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 personal data. As the data mentioned above is technically required for the provision of our service in order to offer you our website and also guarantee stability and security, in particular protection against misuse, we have reached the conclusion that, with a state-of-the-art oriented data security guarantee, this data can be processed whereby appropriate consideration will be given to your interest in data protection compliant processing.

 

iii) Payments Data

When you make payments or conduct transactions through FitCrowd’s website or application we provide, we will receive your transaction information. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. FitCrowd website or application will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by FitCrowd. When you make a transaction, we may also receive your name, email, billing or shipping address and in some cases your transaction history to authenticate you.

 

When we conduct fraud monitoring, prevention, detection, and financial compliance activities or provide such services to our users, we will receive Personal Data from you (and your device) and about you through our Service and from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may collect Personal Data about you and use technology to help us assess the risk associated with an attempted transaction by you with a FitCrowd account.

 

1.2 Tracking Technologies and Cookies

 

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service.  Cookies can be  ″Persistent″ or ″Session″ Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. Learn more about cookies: 

 

  1. All About Cookies

We use both session and persistent Cookies for the purposes set out below:

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  Type: Persistent Cookies

  Administered by: Us

Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

 

    1. Location Data

Some of our Services, such as mobile applications, may collect geo-location data (which determines your current location) to provide location-related Service functionality. We may link location data to other information we have collected about you for the purposes described in this Privacy Policy. Based on your location, you can also find training spots and users near you, as well as adjust your training plan to your current environment. At training spots, you can check in after your workout and show the other users in your community where you exercised.

You may stop sharing your location data by adjusting your mobile device’s location services settings. For instruction on changing the relevant settings, please contact your service provider or device manufacturer.

 

    1. Access rights

We require these access options and information to ensure the technical function of our app and to provide the services offered with the app, in particular to access your camera or your photos, to determine your running distances and your activity calories 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 approval. You can revoke access rights manually in the settings for each operating system. You can find out how this works in the manufacturer instructions for your mobile OS. However, please note that you can only use the app to a limited extent or you cannot use it at all without the relevant approval.

 

Before you use the app for the first time, we will request the following permissions: Camera – for taking photos for profile/feed; Photo library – selection of photos for profile/feed, Location tracking – calculation of running distance, statistical analysis, Delivery of push notifications – receipt of push notifications, Mobile data/WLAN (granted by the operating system) – use of internet and downloading of new content.

 

 

2. Use of Your Personal Data

 

    1. 2.1 FitCrowd Community Profile

 

You need a FitCrowd account in order to use our service both on mobile app and your browser. The data collected for this purpose has already been explained above. To provide you with the best FitCrowd experience possible, our approach is partly based on publishing specific information relating to our users within the FitCrowd community, i.e. even your information. We are going to introduce our program to you in more detail below so that you can decide for yourself whether and which data you want to publish. This introduction includes the following data in particular which is visible to other users such as admin and trainers:

You become visible in the FitCrowd App with the data in your public profile. This information helps FitCrowd admin and trainers to find you in FitCrowd App. At the same time, they can see your name and surname (if provided), your training location, your motivation and your profile photo, and they can recognize you using this information if necessary. You have already agreed under our General Terms and Conditions of Business that upon beginning your FitCrowd journey and provided that you make no changes to your privacy settings, all FitCrowd admins and trainers will be able to view your profile, your training data, your posts, your training spots, etc., without special consent. This is designed to make it easier to connect with your trainers and/or allow them to support you during your journey with comments and motivation.

PLEASE NOTE: FitCrowd application has an extension app called Compete, where users can register an collect points based on their level of activity. In order to monitor the user's level of activity we use HealthKit in iOS to collect such data.
We also use your information to make inferences and show you more relevant content.
Here are some examples:

 

 

    1. 2.2 Purposes of data usage

The Company may use Personal Data for the following purposes:

 

 

We may share your personal information in the following situations:

 

 

2.3 Push notifications as part of the user experience

 

We require your consent 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 can disable push notifications in settings at any time.

 

2.4 FitCrowd marketing purposes

Email addresses collected when registering for a FitCrowd account (via our app or our website) are used for direct marketing of our own and similar products and services (the FitCrowd Coach in particular). If you no longer wish to receive direct marketing, you can refuse to allow the use of your email address at any time. The unsubscribe link can be found in the masthead of every email or in your profile settings. Alternatively, you can send us an email to contact@kudostech.ro.

 

2.5  Google Analytics

We use the Google Analytics service to analyze our website visitors. Google uses cookies to track the use of the online product or service by users and the information is generally transferred to a Google server in the USA and stored there.

 

Google will use this information on our behalf to evaluate the use of our online products and services by users, to compile reports on the activities within these online products and services and to provide us with further services associated with the use of these online products and services and the use of the internet. Pseudonymous user profiles can be created from the processed data.

 

We use Google Analytics only with IP anonymization enabled. This means that Google will truncate the IP address of users within Member States of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent cookies from being stored by adjusting the settings to their browser software accordingly.

 

The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. Users can prevent the collection of data generated by cookies by downloading and installing the browser plug-in that is available here. Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation.

 

If you do not wish to be tracked by Google Analytics in the future, you can opt out at any time by writing an email to contact@kudostech.ro.

C.  RETENTION OF YOUR PERSONAL DATA

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or we are legally obligated to retain this data for longer time periods.

D. TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. The transfer could happen under following circumstances:

 

1. Business Transactions

If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

 

2. Law enforcement

Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

3. Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

 

 

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

E. SECURITY OF YOUR PERSONAL DATA

The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. The General Data Protection Regulations (GDPR) applies to all companies based in the EU and those with EU citizens as customers. As of 25 May 2018, the current GDPR regulations imply that Each data subject has the right of access in accordance with Article 15 GDPR, the right to rectification in accordance with Article 16 GDPR, the right to erasure in accordance with Article 17 GDPR, the right to restriction of processing in accordance with Article 18 GDPR, the right to object in Article 21 GDPR and the right to data portability in Article 20 GDPR. The limitations according to Articles 34 and 35 BDSG apply to the right of access and to the right to erasure.

 

YOUR RIGHTS:

    1. Information on the option to lodge a complaint

You also have the right to lodge a complaint with the competent data protection authority about our processing of your personal data.

    1. Information on withdrawal of consent

We use consent and legitimate interest as the GDPR basis to store and process your data. You can withdraw your consent with us to process personal data at any time. This also applies to withdrawals of a declaration of consent that were given to us before the General Data Protection Regulation came into effect, i.e. before May 25, 2018. Please note that this withdrawal will only apply prospectively. This does not affect processing that took place prior to a withdrawal.

    1. Right in the event that data is processed for direct marketing purposes

You have the right pursuant to Article 21 (2) GDPR to object to the processing of personal data concerning you. In the event that you object to processing for direct marketing purposes, we will no longer process your personal data for this purpose. Please note that this withdrawal will only apply prospectively. This does not affect processing that took place prior to a withdrawal.

    1. 4.Information on right to object in the case of balance of interests

If we process your personal data based on a balance of interests, you can object to such processing. If you exercise this right to object, please state the reasons why we should not process your data as we have described. If your objection is justified, we will review the situation and either stop or adjust data processing or explain our compelling legitimate reasons for processing to you.

    1. The Right to Data Portability

If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have.

F. LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

G. CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the  ″Last updated″ date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

 

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us by email, at contact@kudostech.ro.