This privacy and cookies policy applies to the following:
“Fitness facilities” includes gyms, health centres and physio practices.
The Site is operated, and the Applications are provided by eGym GmbH (referred to below as “eGym” or “we”, “us” or “our”). We are a limited company registered in Germany. Our registered company number is DE8170879400, and our registered office is at Prannerstraße 2-4, 80333 Munich, Germany. For the purposes of the Data Protection Act 1998, we are the data controller.
We are committed to protecting your privacy on-line. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.
We may collect and process the following information about you:
Please note that you are under no obligation to provide any such information, and you may decide whether, and to what extent, you do provide us with such information. If you have selected a type of training support to be provided by a fitness facility, this will play a role. If you no longer wish to be subject to this classification/allocation it can be cancelled at any time in accordance with the contract entered into with the fitness facility. You can contact the fitness facility directly in order to do so. However, if you should choose to withhold requested information, we may not be able to provide you with certain services. If you do not wish for your fitness facility to share information it hold with eGym, you should inform them. If you do not want trainers at your fitness facility to have access to your information you should inform them.
When you visit the Site or access or use any Application, we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Site and your IP address (the unique address which identifies your computer or mobile device on the internet) and your operating system, which are automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site or Application and to collect broad demographic information for aggregate use.
We will use the information you provide to:
You may share your training information with other eGym users (for example to receive comments on your training results), or through social media sites such as Facebook or Twitter. You can also share such information with your personal trainers.
The social features of eGym allow users to compare their performance with friends and other users of their gym in order to motivate each other. For this purpose, the following information is available in a user’s “ranking list” for other all users within one gym: user name or e-Gym alias (where no user name is provided, an e-Gym alias will be created using the local part, left of the @ sign, of the email address given), profile picture, eGym ranking score, and whether a user is an eGym Premium user or not.
This information is not accessible to the public through search engines.
Users may change their settings at any time or remain hidden from the “ranking list”. In addition to the gym’s ranking list, users may create their own “fitness team” by inviting other users, which have been identified by way of user names, eGym aliases, or the name of the fitness facility, or accepting other users’ friend requests. This allows sharing of additional data such as exercises completed or commenting on someone’s activities.
Please see Registration via Facebook Connect for more details.
In order to use the “Studisosuche.de” platform, you must provide your name, email address and telephone number. Telephone numbers are required for appointments, in particular for queries eGym or the selected fitness facility may have. These details will not be used for advertising purposes. Where a membership contract has been concluded with a fitness facility due to a free trial provided by a voucher campaign, eGym reserves the right to ask you for proof of this contract.
The fitness facility with which you are registered and its trainers, provided that they have been authorised by the facility, will have access to your exercise data. This is the default position, but you can opt-out of having your data shared in this way at any time.
Trainers have access to your exercise data in order to analyse the training and make recommendations in light of unhealthy or incorrect practices and, where required, to make personal recommendations allowing for the further optimisation of personal fitness goals.
We may disclose aggregate statistics about visitors to the Site, users of the Applications, customers and sales in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site or Application, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or Application or the rights, property or personal safety of any person.
For the registration of new users and for sending out the newsletter, which is part of the eGym range of services, we use the so-called “double opt-in” process (i.e. we will only send you a newsletter by e-mail if you have first expressly confirmed that you have registered under the corresponding e-mail address). For this purpose we then send you a notification e-mail and ask you to confirm that you have registered under this e-mail address by clicking on a link contained in this e-mail. You can unsubscribe from the newsletter at any time.
When you interact with the Site or Application, we try to make that experience simple and meaningful. When you visit our Site or access or use any Application, our Web server sends a cookie to your computer or mobile device (as the case may be). Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information about your use of the Site or Application (as the case may be). A number of cookies we use last only for the duration of your web or Application session and expire when you close your browser or exit the Application. Other cookies are used to remember you when you return to the Site or Application and will last for longer.
The acceptance of cookies is not a condition for visiting our Site or Applications. However, we would point out that use of the Site or Applications could be restricted if the cookie function is deactivated.
No personal data is stored in the cookies used by eGym. The cookies which we use can therefore not be assigned to any specific person and hence not to you either. When the cookie is activated, an identification number is allocated to it. No assignment of your personal data to this identification number is possible at any time and this is not attempted. Your name, your IP address or similar data which would enable a cookie to be assigned to you is never linked with this information. On the basis of cookie technology, all we receive is anonymised information, for example about which pages of our shop have been visited, which products have been looked at, etc. In individual cases it is permitted for our partner companies to collect, process or use data from our Site in the form described above by means of cookies. This applies in particular to the web analytics or social media services named below. In addition, data will be collected on the basis of cookie technology in order to optimise our advertising and the entire range of online services. This data too will not be used in order to identify you personally but will only serve to produce an anonymous evaluation of the use of the services. At no time will your data be put together with the personal data stored with us. Using this technology we can present you with advertising and/or particular offers and services where the content is based on the connection with the information obtained by the clickstream analysis. Our aim here is to make our range of online services as attractive as possible for you and to present you with advertising which corresponds to your areas of interest.
eGym uses the services of a few partners who help us to design the internet service and the eGym Site in a way which is interesting for you. Therefore, when you visit the eGym Site, cookies from partner companies will also be stored on your hard disk. These are temporary/permanent cookies which are automatically deleted after the pre-set time (see above). The cookies of our partner companies do not contain any personal data either. Only pseudonymous data under a user ID is collected. This data relates to such things as which products you have looked at, whether anything has been purchased, etc. In this context a few of our advertising partners also collect information via the eGym Site about which pages you have previously visited or which products you may for example have been interested in, so that advertising can be displayed to you which best corresponds to your interests. This data will at no time be put together with your personal data. It serves the exclusive purpose of enabling our advertising partners to approach you with advertising which might actually be of interest for you.
You can choose a setting in your browser which allows the storage of cookies conditional upon your consent. If you only want to accept the eGym cookies but not the cookies from our service providers and partners, you can select the setting “Block third-party cookies” in your browser. Generally there will be a display via the Help function in the menu list of your web browser telling you how to reject new cookies and disable ones already received. With shared-use computers which are set to accept cookies and flash cookies, we recommend that you always sign out completely after the end of a session.
Server log files
Each time you access the pages of the eGym Site or Applications, usage data is transmitted by the relevant internet browser and stored in server log files. The datasets stored in this case contain the following data: date and time of retrieval, name of the page accessed, IP address, referrer URL (the source URL from which you accessed the eGym Site), the volume of data transmitted plus product and version information for the browser used. The user’s IP addresses are deleted or anonymised after the end of use. Anonymising means that the IP addresses are altered in such a way that the particular details about personal or factual circumstances cannot be assigned to a specific or identifiable person, or only at disproportionately high expense in terms of time, costs and manpower. We evaluate the log file datasets in anonymised form in order to improve our range of services on the Site even further and make it more user-friendly, to locate and eliminate errors more quickly and to control server capacities.
Web analysis tools
In order to constantly improve and optimise our range of services, we use so-called tracking technologies. We use the services of Google Analytics, Google AdWords (Remarketing) Flurry Analytics, Smartly, Appsee Analytics, Crashlytics and Hockeyapp.
Google Analytics is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). eGym uses the Google Analytics functionality “User ID” via all platforms on the eGym Site /mobile Site, the eGym fitness application and the trainer application to gather pseudonymous (non-personal) information on the usage of our services, both locally and globally to improve and help us analyse the eGym services. In detail:
eGym Site / mobile website:
Google Analytics uses “cookies”, i.e. text files, which are stored on your computer and enable an analysis of the use of our range of services by Google. As a rule, the information gathered by the cookie about the use of our Site (including your IP address) is transmitted to a Google server in the USA and stored there. We would point out that on the web page “Google Analytics” has been expanded by the code “gat._anonymizeIp();” in order to ensure an anonymised collection of IP addresses (so-called IP masking). At our instigation, your IP address is therefore only collected by Google in abbreviated form, which guarantees anonymity and does not allow any conclusions as to your identity. In the case of the activation of IP anonymity on this web page, your IP address will first be abbreviated by Google within the member states of the European Union or in other states which are contracting parties 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 abbreviated there. Google will use the said information in order to evaluate your usage of our Site, to compile reports on Site activities for us and to provide us with other services associated with the use of web pages and the Internet. The IP address transmitted by your browser in the context of Google Analytics will not be put together with other Google data. A transmission of these data by Google to third parties only occurs on the basis of legal stipulations or when processing order data. In no case will Google put your data together with other data collected by Google. In your use of this Site you declare that you agree with the processing of data collected about you by Google and the ways and means in which the data is processed described above as well as with the purpose stated. You can prevent the storage of cookies by making a corresponding setting in your browser software; we would however point out that sometimes this will prevent you from using the functions of this Site to their full extent. In addition you can prevent the collection of the data produced by the cookie and relating to your use of the Site (including your IP address) for Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de). More information can be found on Google Analytics and data protection at http://tools.google.com/dlpage/gaoptout?hl=de or http://www.google.com/intl/de/analytics/privacyoverview.html.
Data on the usage of the Applications is gathered with the download, installation and usage of the Application on a mobile device. This contains the following data: device model, geographical information (only insofar as this is properly consented to and configured in the mobile device) or the operating system installed on the mobile device (iOS, Android) as well as aggregated data on the usage of the Application. An identification key allows differentiation between the individual users of the Application. However, this identification key allows no conclusion whatsoever with regard to the actual identity of the specific user. In particular, the user’s log-in information is not stored or processed. The resulting analyses on the usage of the Application helps us to improve our service, to develop new features and to optimise our focus on the needs of our users. The mobile data gathered by Google Analytics and the identification key are not collated or associated with other data from Google. You can opt-out from the collection of the data directly in the settings on your mobile device. For Applications on mobile devices from Apple (iOS operating system) you can perform the opt-out for your user account in the general settings (eGym fitness app/ trainer Application). For Applications on mobile devices with an Android operating system you can perform the opt-out in your profile settings within the Application. However, please note that sometimes this will prevent you from using the functions of the Applications to their full extent.
Google AdWords (Remarketing)
We also use remarketing functionalities on our Site provided by the Google AdWords service. Google AdWords is an online advertising service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). By using the remarketing functionalities we are able to present users of our Site with interest based advertising within the Google advertising display network (“Google adverts” on Google or on other websites). This is based on an analysis of our users interaction with the Site, e.g. which services and offers the user was interested in, in order to present the users with interest based advertisement on other websites after the user has visited our website. To do so, Google stores a number, a so-called “cookie”, in the web browsers of users who visit certain Google services or websites within the Google display network. These users' visits are gathered via the cookie. The cookie allows the unique identification of a web browser on a specific computer, but does not allow Google or us to identify a person. As a rule, the information gathered by the cookie about the use of our Site (including your IP address) is transmitted to a Google server in the USA and stored there. We would point out that on this Site “Google Adwords” (remarketing) has been expanded by the code “gat._anonymizeIp();” in order to ensure an anonymised collection of IP addresses (so-called IP masking). At our instigation, your IP address is therefore only collected by Google in abbreviated form, which guarantees anonymity and does not allow any conclusions as to your identity. In the case of the activation of IP anonymity on this web page, your IP address will first be abbreviated by Google within the member states of the European Union or in other states which are contracting parties 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 abbreviated there. You can prevent the storage of cookies by making a corresponding setting in your browser software; we would however point out that sometimes this will prevent you from using the functions of this website to their full extent. In addition you can deactivate interest based adverts on Google as well as interest-based Google adverts on other websites (for websites that are part of the Google display network) in your browser, by visiting the “deactivation settings” on www.google.de/settings/ads and click on the link “deactivate”. Furthermore, you can also opt-out from interest-based advertisements on http://www.networkadvertising.org/choices/?partnerI=1//Cookies. Please note, that this opt-out requires the storage of an opt-out cookie on your computer.
For our mobile Applications we use Flurry Analytics, a service provided by Yahoo! and Flurry Inc., 360 3rd street, Suite 750 San Francisco, CA 94107, US. We use Flurry Analytics within the eGym mobile Applications (fitness application/ trainer application) to allow a pseudonymous analysis of the usage and performance of our Applications to continuously improve our Applications and to detect potential errors at an early stage. When using the Application, this contains the following data: platform, version, version of software development kit, API key, beginning/end of session, IMEI (International Mobile Equipment Identity) number, Media Access Control (MAC) address, device model, device manufacturer, name of provider, device operating time, battery life, place, time zone and network status (e.g. WIFI). Device based identification data such as platform, IMEI number and MAC address are automatically replaced by a code by Flurry, so our users are not personally identifiable. Your log-in information is not stored. You can opt-out from the collection of the data by following the instructions on http://www.flurry.com/legal-privacy/end-user-opt-out. For more information, please visit http//www.flurry.com/legal-privacy/privacy-policy-updated as well as http://info.yahoo.com/privacy/us/analytics/details.html.
We use the tool Smartly.io to create and manage Facebook and Instagram advertisements. Smartly.io is a service provided by Solutions Inc., Itämerenkatu 1, 00180, Helsinki, Finland. As soon as a user clicks on an eGym advertisement on Facebook or Instagram and is taken to the eGym gym finder website, the following data will be collected and sent to Smartly: Facebook advertisement identification and the time at which the advertisement was clicked on. In addition, the browser (e.g. user-agent) will provide information to Smartly when requests are made. Please note that the tool's relevant settings have been selected in order to prevent any personal data being transferred to Smartly. For more information regarding data protection at Smartly.io, please visithttps://www.iubenda.com/privacy-policy/543561/legal.
Appsee Analytics Service
Appsee Analytics Service is a system provided by Shift 6 Ltd., 3 Menorat Hamaor Street, Tel Aviv, Israel, which detects and analyses users' behaviour when using (mobile) Applications. we use Appsee Analytics within our Applications to analyse users' behaviour when using these Applications, to allow us to detect potential causes of defects and to continually improve the users' experience. Anonymous activity data – screen, tap and swipe actions, scrolling or user interactions - will be collected and stored in order to do so. Please note that the relevant settings have been selected in order to prevent any personal data being transferred to Appsee. In addition there will be no connection with other applications users have installed on their devices. For more information regarding data protection at Appsee, please visit http://www.appsee.com/legal/privacypolicy.
_Other tracking based analytics _
In addition, for our mobile Applications we also use Crashlytics, a service provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A, and HockeyApp, a service provided by Bit Stadium GmbH, Konrad-Zuse-Straße 1, 85716 Unterschleißheim, Germany. Both services support the improvement and troubleshooting of our Applications by collecting and storing anonymous usage data. Personal data is not stored or transferred for these purposes. More information in relation to these services can be found by visiting https://try.crashlytics.com/terms/privacy-policy.pdf and [http://hockeyapp.net/privacy>http://hockeyapp.net/privacy).
The Site and Applications may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.
Our Site uses social plug-ins (“plug-ins”) for the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plug-ins are identified with a Facebook logo or the addition of “Facebook Social Plugin”. If you call up a web page on the Site or Applications which contains a plug-in of this kind, your browser produces a direct connection with the Facebook servers, which may be besd in the United States or elsewhere outside Europe. The content of the plug-in is transmitted by Facebook direct to your browser and is integrated by this into the web page. With the integration of the plug-ins, Facebook receives the information that you have called up the corresponding page of our Site or Applications. If you are logged into Facebook then Facebook can assign the visit to your Facebook account. If you interact with the plug-ins, for example by clicking on the “Like” button or leaving a comment, the corresponding information will be transmitted by your browser directly to Facebook and stored there. Please refer to the Facebook data protection instructions for the purpose and scope of the data collected and the further processing and use of the data by Facebook as well as your rights in this respect and the possible settings to protect your privacy. If you do not want Facebook to collect data about you via our Site, you must log out of Facebook before visiting our Site. Even if you are not logged in with Facebook, data is sent to Facebook by websites with active Facebook elements. Each time the website is called up, Facebook sets a cookie with an identification which is valid for two years. As your browser sends this cookie along with every connection with a Facebook server without asking, in principle Facebook could use this to set up a profile of the websites which have been called up by the user attached to the identification. It would then also be possible for this identification to be assigned back to a person at a later stage – perhaps when subsequently logging in to Facebook. If you do not want Facebook to collect data about you via these cookies, you can select the “Block third-party cookies” function in your browser settings. Then, with embedded contents from other suppliers, the browser does not send any cookies to the server.
To use our services we also offer the possibility to register for eGym with your Facebook credentials. If you want to register using your Facebook profile, please note that an active Facebook user account is required. Facebook is a social network operated by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland.
To register with your Facebook credentials you must first link your Facebook account with your eGym account. This can be done by selecting the “Apps” tab within your eGym account settings and clicking on “connect/link” in the Facebook section. You will be transferred to Facebook, where you’ll be asked to log in to Facebook in case you’re not already logged in to Facebook at that time. If you are not a Facebook user, you’ll be asked to create an account on Facebook.
Next you’ll be asked to permit eGym access to the following data: public profile (name, profile picture, gender, language, age range, country, public information), e-mail address, birthday, current place of residence. Provided that you allow access to this data, it will be added to your eGym account.
Lastly, eGym will ask your permission to make public any of our posts on your Facebook page. Permission is required in order to display your training results on your timeline. Please note that eGym cannot automatically make your posts public, you will be able to decide whether a post can be made public or not. In addition, you will be able to select which of your Facebook friends will be able to view the optional public post.
Following a successful connection you will be taken back to your eGym account and will see a success message.
You can delete the connection with your Facebook profile in your Facebook profile settings at any time. Alternatively/in addition, you can also delete the connection in your eGym account settings. Please note that in this case, data such as training progress will be deleted and that you’ll have to register for eGym again if you want to keep using our services.
Your Facebook log-in data will not be stored by eGym. Other than stated above, there will be no further processing of your Facebook profile data by eGym.
You can request that eGym no longer processes any of the aforementioned data transferred to eGym by Facebook to create an user account at any time with future effect by contacting us (e.g. by email to email@example.com).
Protecting the safety of children when they use the Internet is very important to us. We recommend that children receive permission from their parent or guardian before gaining access to the Site or any Application or sending personal information to us or anyone else online.
The Site and Applications may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet.
We place great importance on the security of all personal data associated with our users. We have security measures in place to safeguard our website and other systems against the loss, destruction, access, misuse,alteration and distribution by unauthorised persons of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, destruction, access misuse,alteration or distribution of information by unauthorised persons will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site or Application whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
Information that you submit via the Site or Application is sent to and stored on secure servers located in the EU/the European Economic Area (EEA). This is necessary in order to process the information. Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above (see information sharing), which may be situated in the United States or elsewhere outside the EEAand may be processed by staff operating outside the EEA. The countries concerned may not have similar data protection laws to the EEA. In particular, the law in the United States in respect of law enforcement authority access to data is significantly different from Europe.
Where we transfer your information we will take all reasonable steps to ensure that your privacy rights continue to be protected. By submitting information via the Site or Application, you agree to this storing, processing and/or transfer.
Where you make orders or log in your personal data will be securely transferred by us via encryption. eGym exclusively uses TLS (Transport Layer Security) 1.0 to 1.2 for the communication between eGym devices and servers. Older versions of TLS will not be relied upon. Older versions of PFS (Perfect Forward Security), used by eGym for encryption (cipher), will also not be relied upon. eGym only uses HSTS-processes which are younger than one year. The encryption will be commonly referred to as SSL (the coding system) The above described processes ensure a high level of security for data transfers.
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.
If you have any concerns about data protection at eGym, please contact via post, fax or email at:
eGym GmbH, Prannerstraße 2-4, 80333 Munich, Germany
Fax: +49 89 921 31 05 99