This Privacy Policy applies to the MeClub App (hereinafter referred to as "App" or "Services"). The Provider will update the privacy notice if necessary. The use of user data is subject to the current version, which can be accessed at [ https://www.branture.de/momclub-privacy-policy/ ]. 

 

 

Status July 2020 - 

  1. Responsible person

Responsible for the App is Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereinafter referred to as "MeClubApp" or the "Provider"), represented by the managing director Katja Thiere and Marcus Pappert.

 

  1. Contact for data protection inquiries and data protection officer

If the user has any questions about data protection to the provider or about exercising his rights (see below), he can contact the provider at [ support@meclub.app].

 

The data protection officer of Branture 01 GmbH can be contacted under the e-mail address [support@meclub.app] or by mail to Branture 01 GmbH, Pappelallee 78/79, 10437 Berlin, Germany.

 

 

III Which categories of data are processed?

 

We process the following categories of user data:

 

Data categoryExamples
Inventory data (required)Data provided during registration, such as name, title, e-mail address and password. Postal address, telephone number
Payment information (required for some functions)Shopping cart details and payment information (payment account, bank account, payment provider, etc.)
Voluntary profile informationOther personal information stored in his user profile, such as profile picture or profile text
Training basics (required for some functions)Data that are given as the basis for the training, such as 

- Aim of the app use

- Age

- Size

- Weight

- Fitness level

- Nutrition

- Details of the birth process and consequences 

Training goal (required for some functions)Data that is processed to determine the training goal, 

- desired training interval, 

- the target weight,

- Desired focus on special body parts

User behavior and telemetry (generated by the user's use of the app)User behavior (e.g. how often certain functions of the app are used, are there crashes), telemetry (information about the device used, language, country, etc.)

 

  1. For what purpose and on what legal basis are these data processed?

Personal data is processed for the following purposes or on the basis of the following legal bases:

 

  • To offer the app and to answer customer inquiries: In order to offer the app to the user or to answer customer inquiries, the data provided will be processed. The Provider creates a user profile from this personal data in order to offer the basic functionalities of the app services on different platforms (iOS, WebApp, Android). The processing of this data is carried out for the purpose of fulfilling the contract Utilization Agreement in accordance with Art. 6 para. 1 letter b DGSVO.

 

  • to optimize the Services: for example, to find out what particularly excites or disturbs users and how the Services can be improved; processing is carried out in our legitimate interest (Art. 6 I lit. f DSGVO) or, in the case of special types of processing, with the consent of the user (Art. 6 lit. a DSGVO)

 

  • to ensure operation: to detect and ward off attack patterns and to detect errors in the system, to prevent the user from receiving e-mails from the provider against his will, the processing is carried out in our legitimate interest (Art. 6 I lit. f DSGVO);

 

  • to process payments: in order to process orders of users of premium content, the processing of this data is carried out to fulfill the contract according to article 6 paragraph 1 letter b DGSVO ;

 

  • to cultivate customer relations and direct marketing on our own behalf: to inform the user about new offers and functions or to send the user personalized discounts, vouchers and offers, the processing is carried out in our legitimate interest (Art. 6 I lit. f DSGVO)

 

  • for the fulfilment of legal obligations, in particular commercial and tax obligations, if necessary also obligations to provide information to authorities and to defend or enforce claims, Art. 6 I lit. c DSGVO) 

 

  1. How long is the data stored?

We store your user profile and related data as long as you actively use your account. Data of inactive profiles will be deleted after 3 years, unless there is a legal retention period. These periods can be up to 10 years (see § 147 Abs. 3 Abgabenordnung).

 

We store all support requests for 13 months, unless longer periods are necessary for law enforcement, prosecution or similar purposes.

 

  1. To whom is data transmitted?

The Provider uses contract processors for processing. Your data will be transmitted to the following categories of recipients:

  • Technical service providers
  • Hosting service provider
  • E-mail dispatch service provider
  • E-mail marketing service provider
  • Services to provide customer support (e.g. Zendesk)
  • Affiliated companies

 

Otherwise, the Provider will only pass on personal data if the provider is legally obliged to do so or if this is necessary for legal enforcement. 

 

In case of doubt, data will be transmitted to the following categories of recipients:

  • Government agencies and authorities
  • Collection service provider
  • Lawyers and tax consultants

 

VII. Is data transferred to third countries?

Data transmissions to third countries take place, but only in compliance with the legal requirements for admissibility. Data transmissions to the following countries are carried out in compliance with the respective legal admissibility requirements:

 

  • USA using EU standard contract clauses

 

The EU standard contract clauses used can be viewed on the website of the EU Commission ( https://ec.europa.eu/info/law/law-topic/data-protection_en ).

 

VIII. rights of the user

The user has - partly under certain conditions - the right: 

 

  • to request free of charge information about the processing of your data, as well as to receive a copy of his personal data (see article 15 DSGVO),
  • to correct and complete his or her personal data (see Article 16 DSGVO) 
  • to delete or have his personal data blocked (see Article 17 DSGVO)
  • to have the processing of his personal data restricted (see Article 18 DSGVO)
  • to have his or her personal data transferred (see Article 20 DSGVO),
  • to object to the processing of his personal data on the basis of the weighing of legitimate interests (see Article 21 paragraph 4 DSGVO)
  • to revoke his or her consent to the processing of your data for the future (Article 7 DSGVO) and
  • to complain to a data protection supervisory authority about the processing of his personal data by the provider
  1. Information on special processing methods

HealthKit and Google Fit connection

Apple HealthKit. 

The Provider uses Apple's (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; "Apple") HealthKit framework (see here for more information), which provides a central location for health and fitness data on the iPhone and Apple Watch and - with the express consent of the user - allows apps to communicate with the HealthKit Store to access and share this data. This connection must be actively activated by the user via his system parameters. The HealthKit connection can be deactivated at any time by the user via his system parameters. From this point on no more data will be exported to the Provider. The Provider processes the following data obtained through the HealthKit framework and the Apple CoreMotion processor (for more information, please click here) for the purposes described below and with the user's explicit consent: steps, calories, distance, duration and heart rate. New data attributes can be added to the HealthKit framework, which are mapped in MomClubApp and the user must agree to them. 

 

Google Fit SDK 

The Provider uses Google's Fit SDK (click here for more information), an open platform that allows users to control their fitness data. The Provider processes the following data, which the Provider receives through the Google Fit SDK, for the purposes described below and with the explicit consent of the user: steps, calories, distance, duration and heart rate. New data attributes can be added to the Google Fit framework, which are mapped in the product and which the user must agree to.

 

Marketing optimization and evaluation of App usage behavior in MeClubApp(via adjust)

For the evaluation of the success of advertising campaigns as well as the evaluation of the usage behavior within MeClubApp the Provider uses the service Adjust, which is operated by adjust GmbH. The adjust GmbH has its seat in the Saarbrücker Str. 37A, 10405 Berlin. If a user interacts with the advertising campaigns played out by MeClubApp, this usage data is forwarded to adjust. Based on this data, adjust evaluates the reaction of users to the MeClubApp advertising campaigns and enables analyses of the effectiveness of the campaigns. The data processing includes IP address, MAC address, device identification number and HTTP header with associated information. Data collection extends from interaction with advertising campaigns (e.g. clicks on the ad), through downloading the app, to interaction with the app after download. MeClubApp uses the services of adjust within the scope of the DSGVO due to the legitimate interest to distribute advertising budgets more effectively and to optimize the advertising effect. 

 

Revocation / Opt-out possibility: If the user wishes to object to the processing of this data by adjust, he can send his revocation at any time by e-mail to support@meclub.app. We will then forward this request to adjust. adjust undertakes to follow the instructions forwarded by us. The deletion of the data is carried out in accordance with the legal requirements, i.e. legal storage and proof obligations are taken into account. In addition, if the user does not wish to receive any tracking by adjust, he can select the option https://www.adjust.com/forget-device/. 

In addition, the user can activate the option "Turn off tracking" in the MeClubApp in his profile under "Privacy Notice". This deactivates the data analysis by adjust.