TERMS OF USE and DATA PROTECTION REGULATIONS

 

THE USER AGREES TO THE PROCESSING OF THE PROCESSED DATA IN THE EXTENT OF ARTICLE 7. THE USER CAN REVOKE THIS DECLARATION OF CONSENT ANYTIME AT FITAPP. 


FITAPP, the app installed on this terminal device (in the following: app) is developed and operated by FITAPP GmbH, Nikolaiplatz 4, A-8020 Graz, Austria (in the following: FITAPP).


Contact details:
FITAPP GmbH
Nikolaiplatz 4
A-8020 Graz
AUSTRIA
Web: www.fitapp.info
Email: support@fitapp.info


1. Scope of service:

FITAPP provides an app for their users so that the users of the app can gather, save and share their fitness performance and distance covered. FITAPP reserves the right to change, to supplement, to delete or to completely remove the scope of service of the app as well as the presented services without prior notice and without giving reasons.


2. Subscription
In order to use the full scope of service of FITAPP the user has to conclude an agreement with FITAPP („FITAPP Premium“) in return for payment. The parameter of this agreement accrues from the terms of service of the app store. 


3. Liability:
FITAPP assumes no liability for damages that arise because of the use of this app. Moreover, FITAPP assumes no liability for success, results or the availability of the app, the range of functions and the accurate function of the app.

Provided that it is admissible, claims against FITAPP are restricted to grossly negligent conduct and willful misconduct. This does not apply to damage to persons. The liability of FITAPP is excluded for data loss or damages of the particular terminal device as well as damages of particular data.


4. Device authorizations:
The app only uses the functions (APIs) provided by the operating system of the terminal device in the described way of the operating system. The user has the possibility to prevent the collection of this data by changing the settings on the terminal device.


5. Access to the device position:
The user agrees to the access to the GPS of the terminal device.


6. Internet connection:
The app requires the access to the Internet in order to directly obtain and then provide data to the user. The processing and preparation of the data takes place at FITAPP.

The app exclusively conveys data in the scope of the data protection regulations shown below. 


7. Data protection regulations:
The app saves and processes data only for the purpose of the Austrian Data Protection Act 2000. The user agrees to the processing of their data in the following extent:

The following data is saved by FITAPP:

User data:
FITAPP saves the entered data of the user respectively the data that arises from using the app (email address, social media ID of Facebook or Google, first name, surname, creation date, date of the last activity, height, weight, desired weight, date of birth, sex, language, country), as well as technical data of the software (IP-address, app version, language version, operating system information).

The login data remains saved at FITAPP, as long as the user account is not deleted. The login data will only be used for the administration of the user account.

Activity data:
FITAPP saves the following activity data: date, time, duration, duration of breaks, calories, distance, heart rate, GPS coordinates (lat, lon, timestamp, speed, meters in altitude), average speed, maximum speed, count of steps, note, mood smiley, meters of altitude uphill, country, city.


Ranking list:
FITAPP publishes the user name and the profile picture along with the position in the ranking list of FITAPP.


User search:
The user agrees to the enrollment of their user name and profile picture into the search list of FITAPP-profiles so that the user can be found by other FITAPP users.


Contents:
In addition, FITAPP only passes on personal data and other contents to third parties if the user provides this data to other users by actively using the feature “share”. 

Purpose of the processing of the data:
The personal data the user provides is used by FITAPP

  1. to allow the user to use FITAPP, to interact with other users and to publish contents;
  2. to send messages by using new features of the platform;
  3. to improve the services, especially to create user-friendly advertising and contents;
  4. to adjust the services to the preferences of the user, to examine the effectivity of the network and the services of FITAPP and to develop new tools for the user; as well as
  5. to prevent the misuse of the services and to pursue unauthorized access.


FITAPP does not save or process personal data beyond that.

All data processed by FITAPP will be transferred from the terminal device to FITAPP secured with end-to-end encryption.

The user can revoke the declaration of consent on processing in the settings of the app anytime. In this case FITAPP deletes the data; the use of FITAPP is then not possible anymore.


8. Consent to the transmission of advertising:
The user agrees that FITAPP sends the user information and advertising according to § 107 Abs 2 Telekommunikationsgesetz 2003 (Telecommunications Act 2003) via email to the stated email address of the user. The user can revoke this declaration of content anytime by mail in writing to FITAPP GmbH, Nikolaiplatz 4, A-8020 Graz, Austria or by email to support@fitapp.info.