PRIVACY POLICY
Version 1.0 – 1st October 2021
Your privacy matters to us!
Our goal is to keep your personal data safe and to make sure you know how we use, share and store your personal data, when you use AthleticWare’s mobile app or website (“MASS”).
1. WHO ARE WE?
AthleticWare ApS is the owner of MASS and the data controller responsible for the processing of your personal data as described in this privacy policy.
If you have any questions regarding the privacy policy or our processing of your personal data, you are always able to contact us as described in this privacy policy or at:
AthleticWare ApS
Business Reg. No. (CVR): 42327697
Anne-Maries Vej 10
7400 Herning
Denmark
Email: gdpr@athleticware.eu
2. WE PROCESS YOUR PERSONAL DATA – ATHLETES
When you create a MASS account and use MASS as an athlete, we collect, processes and share your personal data for the purposes described in this section.
BASIC USER INFORMATION
When you create an account, we process your name, email address, password, information about your connection to a club and or trainer and your payment details.
(1)
We process your email address and password, so you are able to sign into your account and to be able to protect your personal data. The legal ground is to be able to provide our services to you and our legitimate interest in securing your account.
(2)
We process your name and email address for the purpose of sending you important information regarding MASS, your account, security information, policy updates and other service messages. The legal ground is our legitimate interest in communicating important updates and messages to you.
(3)
We process your name and email address to send marketing information regarding similar and other products and services to you. The legal ground is our legitimate interest in marketing of similar products and services to MASS or your explicit consent with regards to marketing of other AthleticWare products and services.
(4)
We process your personal data to send push messages regarding our services, updates and marketing material from the app. The legal ground is your explicit consent.
(5)
If you create an account without a club or trainer’s administration, we process your email address and payment details to be able to charge you for our services and products. The legal ground is that the processing is necessary for us to be able to provide our services to you in accordance with our agreement.
(6)
If you create an account with a club or trainer’s administration, or if you connect your account to your club or trainer’s administration account, we process information regarding your connection to the club or trainer to be able to charge the club or trainer for our services. The legal ground is that the processing is necessary for us to be able to provide our services to you in accordance with our agreement.
PERSONAL PROFILE
When you create your personal profile in MASS, we process information regarding your gender, sport, age, height, weight, sleep and diet patterns, psychical and mental training patterns, workout locations (countries), professional sporting level, achievements, and goals.
(1)
We process your personal data to be able to analyze and monitor your training, developments, achievements, your personal reflections and to be able to provide guidance on how to further develop or achieve your goals. The legal ground is that the processing is necessary for us to be able to provide our services to you in accordance with our agreement.
(2)
When analyzing your personal data to be able to provide guidance on how to further develop or achieve your goals, your personal data will be subject to automated processing activities (profiling), but we do not make any decisions by automated means. The legal ground is our legitimate interest in providing our services to you and your explicit consent.
The processing of your personal data for this purpose is necessary to be able to provide our services to you; consequently, we cannot provide our services to you in MASS, if you do not consent to such processing activities.
(3)
We process your personal data in an aggregated manner to analyze usages and to develop and improve our services. The legal ground is our legitimate interest in being able to provide relevant and high-quality services to you.
ACTIVITIES AND TRAINING
When you or your trainer provide personal data regarding your training sessions to your personal profile in MASS, we process the personal data you provide, including but not limited to information regarding training activities, location, physical or mental state before, during and after the training sessions.
(1)
We process your personal data to be able to analyze and monitor your training, developments, achievements, your personal reflections and to be able to provide guidance on how to further develop or achieve your goals. The legal ground is that the processing is necessary for us to be able to provide our services to you in accordance with our agreement.
(2)
We do not process special categories of personal data about you in MASS, and we ask that you do not upload such sensitive data in MASS. If you or your trainer provide such sensitive data in MASS, the legal ground is your consent.
(3)
When analyzing your personal data to be able to provide guidance on how to further develop or achieve your goals, your personal data will be subject to automated processing activities (profiling), but we do not make any decisions by automated means. The legal ground is our legitimate interest to provide our services to you and your explicit consent.
The processing of your personal data for this purpose is necessary to be able to provide our services to you, consequently we cannot provide our services to you in MASS, if you do not wish to give consent to such processing activities.
(4)
We process your personal data in an aggregated manner to analyze usages and to develop and improve our services. The legal ground is our legitimate interest in being able to provide relevant and high-quality services to you.
JOINT DATA RESPONSIBILITIES
If you allow a trainer or club to gain access to your personal profile, we share your personal information with the trainer or club, including the personal data as described in this privacy policy (we do no share information about your password and private settings in MASS).
When we share your personal data with your club or trainer, we and your club or trainer are jointly responsible for the processing of your personal data in MASS.
This means that we and your club or trainer determine the means and purposes of the processing of your personal data in MASS jointly, and that you can make use of our rights under the GDPR towards AthleticWare as described in this privacy policy and towards your club or trainer.
AthleticWare is solely responsible for the technical and organizational security measures in MASS.
To the extent that your trainer or club processes your personal data outside MASS, your trainer or club is solely responsible for such processing activities.
If you created an account without connection to a trainer or club, we are solely responsible for the processing of your personal data in MASS.
3. WE PROCESS YOUR PERSONAL DATA – TRAINERS
When you create a MASS account and use MASS as a trainer, we collect, process and share your personal data for the purposes as described in this section.
BASIC USER INFORMATION
When you create an account, we process your name, email address, password, sport, trainer profile, years of experience, age, information about your professional sporting level, your connection to a club and athletes as well as your payment details.
(1)
We process your email address and password, so you are able to sign into your account and to be able to protect your personal data. The legal ground is that the processing is necessary for us to be able to provide our services to you and our legitimate interest in securing your account.
(2)
We process your name and email address for the purpose of sending you important information regarding MASS, your account, security information, policy updates and other service messages. The legal ground is our legitimate interest in communicating important updates and messages to you.
(3)
We process your name and email address to send marketing information regarding similar and other products and services to you. The legal ground is our legitimate interest in marketing of similar products and services to MASS or your explicit consent with regards to marketing of other AthleticWare products and services.
(4)
We process your personal data to send push messages regarding our services, updates and marketing material from MASS. The legal ground is your explicit consent.
(5)
If you create a professional account without a club’s administration, we process your email address and payment details to be able to charge for our services and products. The legal ground is to be able to provide our services to you in accordance with our agreement.
(6)
If you create an account under a club’s administration or if you connect your account to your club’s account, we process information regarding your connection to the club to be able to charge the club for our services. The legal ground is to be able to provide our services to you and the club in accordance with our agreement.
ATHLETE ACTIVITIES AND TRAINING
When you provide information to an athlete’s personal profile, we process the information you provide, including your notes and comments regarding the athlete.
(1)
We process this personal data to be able to analyze and monitor the athlete’s training activities, achievements, your personal reflections and to be able to provide guidance on how to further develop or achieve the athlete’s goals. The legal ground is to be able to provide our services to you, the club and athletes in accordance with our agreement and the athlete’s consent.
(2)
We do not process special categories of personal data about you or the athletes in MASS, and we ask that you do not upload such sensitive data in MASS. If you provide such sensitive data in MASS, the legal ground is your and the athlete’s consent.
(3)
When analyzing the athlete’s personal data to be able to provide guidance on how to further develop or achieve goals, the personal data provided in MASS will be subject to automated processing activities (profiling), but we do not make any decisions by automated means. The legal ground is our legitimate interest in providing our services to you and your and the athlete’s explicit consent.
The processing of personal data for this purpose is necessary to be able to provide our services to you, the club and athletes; consequently, we cannot provide our services to you in MASS, if you or the athletes do not consent to such processing activities.
(4)
We process the personal data in an aggregated manner to analyze usages and to develop and improve our services. The legal ground is our legitimate interest in being able to provide relevant and high-quality services to you.
4. WE PROCESS YOUR PERSONAL DATA – COOKIES
When you consent to cookies on our website, we process your IP address and information regarding your preferences and the sites you visit on our website.
(1)
We process this personal data to manage our website and for statistical and marketing purposes. The legal ground is your explicit consent.
You can read more about cookies in our cookie policy: www.athleticware.eu/privacypolicy
5. HOW DO WE SHARE YOUR PERSONAL DATA?
Default settings for your personal profile, your activities and training sessions are “private”, and we only share your personal profile with third parties if you give them access to your personal profile.
If you give your trainer or club access to your profile, we share your personal data with your trainer or club as described in this privacy policy.
When we share your personal data with data processors (e.g. cloud service providers) we make sure only to use data processors who can guarantee appropriate technical and organizational measures in such a manner that the processing meets the requirements of the GDPR.
In some cases, we may transfer your personal data to international organizations or organizations based in third countries (countries outside of the European Economic Area). We only initiate or approve such transfers, if we have a legal basis for the transfer, including one of the following:
(1)
The EU Commission has decided that there is an adequate level of protection in the country in question in accordance with article 45 of the GDPR,
(2)
Other appropriate safeguards have been taken, such as the use of the EU Commissions Standard Contractual Clauses in accordance with article 46(2)(c) of the GDPR, or
(3)
If one or more of the exceptions in article 49 of the GDPR applies.
6. IF YOU WISH TO WITHDRAW YOUR CONSENT
If we process your personal data based on your consent, you may withdraw your consent at any time.
If you wish to manage your consent to third party access to your personal profile, please follow the instructions in the privacy settings in MASS.
If you wish to withdraw your consent to cookies, please follow the instructions on our website.
If you wish to withdraw your consent to marketing emails or push messages, please follow the instructions in your privacy settings in MASS.
The processing of your personal data for the purpose of profiling is necessary to be able to provide our services in MASS, consequently we cannot provide our services to you in MASS, if you do not consent to such processing activities. If you wish to withdraw your consent to profiling, please follow the instructions to delete your account under privacy settings in MASS.
If you otherwise wish to withdraw your consent, please contact us as described above in section 1.
If you choose to withdraw your consent, we may continue to process your personal data, e.g. if the processing is necessary to establish or defend a legal claim.
Furthermore, please note that withdrawing a consent will not affect the legality of our processing of your personal data based on your previous consent and up to the time when we received notification of the withdrawal, nor our processing of your personal data on another basis than consent. Therefore, if you withdraw your consent, the withdrawal will take effect from the time when we receive notification hereof.
7. RETENTION
We retain your personal data as long as your account is active.
If you wish to delete your account, please follow the instructions in the privacy settings in MASS. Furthermore, see below under “your rights” for a description of your right to erasure.
When you delete your account, we anonymize your personal data to the extend that the data cannot be associated with you. The anonymized data is used for statistical purposes.
If you granted a trainer or club access to your MASS account, please note that the trainer or club may process your personal data outside of MASS. AthleticWare is not responsible for such processing activities, and we recommend that you contact the club or trainer if you wish to make use of your rights with regard to such personal data.
8. CHILDREN
We request individuals under the age of 15 not to create a MASS account. If we learn that we have created an account based on personal data from a child under the age of 15, we will take steps to delete the account and the personal data associated herewith as soon as possible.
9. SECURITY MEASURES
Data protection and data security is of high priority to us, and our focus is therefore on processing your personal data in compliance with applicable data protection legislation.
To protect your personal data in the best possible way, we continuously assess the risks that may be associated with our processing activities. We pay particular attention to protecting your personal data against discrimination, identity theft, financial loss, loss of reputation and data confidentiality.
We have adopted internal information security rules, which contain instructions and measures to protect your personal data from being destroyed, lost/altered and against any unauthorized disclosure or unintended access.
To avoid loss of personal data, we continuously back up our systems, and we make use of encryption or other security measures where necessary, and we train our employees in handling personal data.
In the event of a data breach which involves high risk to your rights, we will notify you of the breach as soon as possible under the given circumstances.
10. YOUR RIGHTS
When we process your personal data, you have the following rights subject to the conditions set out in the GDPR:
(1)
You are entitled to access to the personal data, we process about you
(2)
You are entitled to have any incorrect personal data rectified
(3)
Under specific circumstances, you have the right to have your personal data erased prior to the time of our ordinary general erasure
(4)
Under specific circumstances, you have the right to request that our processing of your personal data shall be limited to storage
(5)
Under specific circumstances, you have the right to object to our processing of your personal data, including when our processing of your personal data is based on our legitimate interest
(6)
Under specific circumstances, you are entitled to receive your personal data in a structured, commonly used, and machine-readable format and to have such personal data readily transferred from one data controller to another.
If you would like to make use of your rights, please contact us as described above in section 1.
11. COMPLAINT TO THE DATA PROTECTION AUTHORITIES
If you are dissatisfied with the way in which we process your personal data, you have the right to file a complaint to your national data protection authority or the Danish Data Protection Agency. The Danish Data Protection Agency’s contact information and information on complaints can be found at www.datatilsynet.dk.