The updates under the new EU General Data Protection Regulation (GDPR) will apply from 25 May 2018 and:
1. GENERAL
1. We, the team of Ewalia, (data see imprint), email address:
office@ewalia.at, process your personal data when you use our Ewalia APP
or Website. The processing of your personal data takes place in
accordance with the General Data Protection Regulation ("GDPR") and the
Austrian Data Protection Act in its current version.
2. In this
Privacy Policy ("Privacy Policy"), we seek to provide you with
information about us, the nature, scope and purpose of the collection
and use of the data and provide you with insights into the processing of
your personal information.
2. RESPONSIBLE ENTITY
1. Responsible entity. The entity responsible for the data processing is Ewalia. You can reach us by email under the email address kontakt@ewalia.at.
2. Data Protection Officer. Our data
protection officer can be reached at the email address
kontakt@ewalia.at. If you have any questions about the processing of
your personal information, you can contact him at any time.
3. WHAT DATA WE COLLECT AND PROCESS
1. General
Ewalia processes personally identifiable information you provide to us as a user of the products, such as: through the use of our products and those provided to us by others ("data").
2. Data that you provide to us.
3. Klar Attribution
We use the services of Klar (Klar Insights GmbH, Marktstr. 18, 80802 Munich, Germany) on our website. Klar, collects, processes and stores data on this website and its subpages for reach measurement, statistical analysis. This collection takes place on the following legal basis:
The user has given his consent in accordance with Article 6 (1) sentence 1 a GDPR and Section 25 (1) sentence 1 TTDSG, the data to be processed will be collected on a user-specific basis.
For the aforementioned different types of collection, different cookies are used to ensure the respective type of collection.
Mandatory information: You must provide us with certain information to register with us:
Payment and subscription information. We use payment providers (e.g.
credit card, Sofort, Vorkasse, PayPal, Klarna) to process payments.
Although we do not store any credit card information ourselves, we
register a Payment ID that is assigned by and can be assigned by a
particular person, as well as the duration of your subscription, the
price, the currency, VAT (based on country information) and payment
provider.
3. Service Terms
Google Analytics
This website uses Google Analytics, a web analytics service provided by
Google. Google Analytics uses cookies. We use Google Analytics to
analyse and constantly improve the use of our products. The products use
Google Analytics in conjunction with the "_anonymizeIP ()" option. This
means that IP addresses are processed in shortened form to prevent the
transfer of personal data. The basis for the data processing are our
legitimate interests.
The user has the option at any time to
refuse the use of cookies by selecting the corresponding option in the
settings of the browser. However, it should be noted that the
elimination of cookies may reduce the scope of the services or may
adversely affect the use of the services on the ewalia.at platform.
Google Analytics for mobile phones
General. For apps on iOS and Android we use Google Analytics for Mobile
from Google. The user data will be sent to Google in anonymous form.
Our apps use IDs for mobile devices, such as the Google Advertising ID
("GAID") and the ID for Advertising for iOS ("IDFA"), as well as
technologies similar to cookies for using Google Analytics for mobile
phones.
Purpose. We use Google Analytics to analyse and
constantly improve the use of our products. The statistics enable us to
improve our services and make them more interesting to our users. In
special cases where personal information is transferred to the US,
Google will be certified by the EU-US Privacy Shield. The basis for the
data processing are our legitimate interests.
Conversion measurement with the Facebook visitor action pixel
Within our website we use the "visitor action pixel" of Facebook Inc.,
1601 S. California Ave, Palo Alto, CA 94304, USA. It allows us to track
users' actions and track the effectiveness of Facebook's market research
ads after you've seen or clicked on a Facebook ad. The data collected
in this way is anonymous to us. We do not see the personal data of
individual users. However, the data is stored and processed by Facebook,
about which we inform you accordingly. Facebook can connect the data to
their Facebook account and also use it for their own advertising
purposes, according to Facebook's data usage policy. See Facebook
privacy You can enable Facebook and its affiliates to display ads on and
off Facebook. It can usually be a cookie stored on your computer. This
consent may only be declared by users older than 13 years old. If you
are younger, we ask that you ask your guardians for advice.
Google DoubleClick for Publishers
We use Google DoubleClick for Publishers ("DFP") in all products. DFP
uses cookies or similar technologies to provide user-relevant
advertising, improve campaign performance reporting, and prevent users
from seeing the same advertising multiple times. According to Google,
DFP cookies do not process personally identifiable information. The
basis for the data processing are our legitimate interests.
The
user has the option at any time to refuse the use of cookies by
selecting the corresponding option in the settings of the browser.
However, it should be noted that the elimination of cookies may reduce
the scope of the services or may adversely affect the use of the
services on the ewalia.at platform.
The Rocket Science Group
For the automated sending of newsletters, we use the services of The
Rocket Science Group, LLC (675 Ponce de Leon Avenue NE Suite 5000
Atlanta, GA 30308 USA). In this way we can send you newsletters at
certain intervals. With each newsletter from us you have the option to
click on the link "permanently unsubscribe" in the footer ("at the
bottom of the email"), and delete your data there.
4. Cookies and similar technologies.
Cookies
5.1. General. Several sections of the EWALIA pages and their partners
use "cookies", i.e. small text files stored on your computer and in your
browser. These are used by EWALIA and its partners to provide a more
user-friendly, effective and secure service. Cookies also allow EWALIA
and its partners to identify the browser used and to make certain offers
to the user. Cookies do not contain any information that can traced to
individuals.
5.2. Installation. The user has the option at any
time to refuse the use of cookies by selecting the corresponding option
in the settings of the browser. However, it should be noted that the
elimination of cookies may reduce the scope of the services or may
adversely affect the use of the services on the ewalia.at platform.
Plug-ins
Ewalia products contain plug-ins to social media like (i) Facebook;
(ii) Google+, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii)
Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA and
(iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219,
Mountain View, CA 94041, USA.
These plug-ins can be used to
collect the user's IP address and the page the user has accessed on the
ewalia.at website, and they may set up a cookie for the feature to
function properly. Some apps may use third-party features (such as
Facebook) through the third-party software development kit (SDK) that
can process general device information (such as device ID, etc.). Social
media plug-ins and widgets are either hosted by third parties or hosted
directly on our websites. User interaction with these features is
subject to the privacy policy of the company providing the feature. The
basis for data processing through plug-ins are our legitimate interests.
EWALIA IS NOT RESPONSIBLE FOR THE GUIDELINES AND PRACTICES OF
COLLECTION, USE, DISCLOSURE, INCLUDING PRACTICES, OF THIRD PARTIES.
Users can recognise the respective plug-ins of third parties, e.g. by
the respective logo or other features typical of the respective social
media platform on our website. By using a plug-in, for example by
clicking on the "Like" button or entering a comment while users are
logged into the social media account of Facebook, Google+ or Twitter,
users connect the content of the Ewalia pages with their respective
social media profile. In this way, Facebook / Google + / Twitter may
link the visit to the Ewalia site or the use of Ewalia products to the
social media account of a particular user. As a provider of the
products, Ewalia knows neither the content of the data transmitted nor
the way in which such data is used by Facebook, Google+ or Twitter. More
information for the data transfer of the respective social media
platform can be found on the following pages:
Facebook: Link
Google+: Link
Twitter: Link
If the user wants to prevent the corresponding social media platform
from connecting the visits of the Ewalia page with the social media
account, users have to log out of the corresponding social media
account.
Do Not Track signals
The products
do not detect or respond to browser-initiated Do Not Track signals. You
can learn more about Do Not Track signals at https://allaboutdnt.com.
5. Device and location information.
When you visit or leave our products, we receive:
4. WHY WE PROCESS DATA ("PURPOSES")
1. Operation of the products
We process your data to enable you to use the products without problems.
Customer support. To investigate, respond to your requests and resolve
complaints and service issues, e.g. to contact you about a question you
have asked our customer service team.
2. Business needs
We process your data to meet our business requirements.
Performance. We process data to track, analyse and improve the use,
performance and functionality of our products, as well as to protect the
security or integrity of our products. For example, we analyse user
behaviour and research how you use our products.
Research and
development. We process data, including user feedback, to conduct
research for the further development of our products, to provide you and
others with a better, more intuitive and personalised experience and to
drive user growth and engagement with our products.
General
marketing. We process data to provide you with (customised) marketing
materials via Ewalia products and online services.
Email/push
marketing. With your express permission, we will send you marketing
emails or push notifications with information on various animal themes.
We'd like to point out that we rate your user behaviour when reading
emails by using so-called web beacons or tracking pixels. The
information created in this way will then be linked to the information
collected in 3.6, your email address and an individual ID. With this
merged information, we can create a user profile for the purpose of
personalising our marketing emails / push messages. We collect data
about when you read our emails or which links you click, and combine
them with your interactions with the product. We store and use your
information for email marketing or marketing on the Ewalia website. You
may revoke your consent to marketing emails and push notifications at
any time by clicking on the link at the bottom of the email.
3. Compliance and enforcement.
Compliance with regulations. We process your data to fulfil our
obligations and in accordance with all applicable laws and regulations.
Enforcement. We process your information when we consider it necessary
for security purposes or to investigate possible fraud or other breaches
of our Terms and Conditions or this privacy policy or attempts to harm
our members or visitors.
5. TRANSFER OF PERSONAL DATA
1. General.
We transfer data to third parties
We
endeavour to inform you about legal claims regarding your data if we
think it appropriate, unless we're prohibited by law or court order, or
an emergency, from doing so. We can challenge such claims if we believe
that they are exaggerated, vague or inadequate.
2. Service providers and other services provided by third parties.
Service providers. We share your information with third parties who
assist us in providing and improving our products (such as maintenance,
analysis, audit, payments, fraud detection, marketing and development).
Service providers have access to your information as required to perform
these tasks on our behalf and are under an obligation not to disclose
or use them for any other purpose. We use order processors such as
Timely, The Rocket Science Group, Adjust, Google, Facebook, Amazon Web
Services, Inc., Emarsys eMarketing Systems AG, Pushwoosh, Inc.,
NewRelic, Inc., Apptimize, Inc. or Zendesk, Inc.
6. HOW LONG WE STORE DATA FOR
1. Retention period. We store your data for as long as you are a
registered user of the products. In addition, we only store data if
required by law (due to warranty, statute of limitations or retention
periods) or otherwise.
2. Deleting your Ewalia webshop account.
You can send us an email to kontakt@ewalia.at instructing us to delete
all your data. This email will also be forwarded to those third party
providers we have described above with the request to delete your data.
3. Deleting newsletter and sweepstakes data With each newsletter from
us you have the option of clicking on the link "permanently delete" in
the footer ("at the bottom of the email") in order to delete your data
there.
An instruction to delete has no effect on the data if the storage is legally necessary, e.g. for billing purposes.
7. YOUR RIGHTS
1. Exercising your rights. To exercise your rights under paragraphs 7.2
to 7.8, you may send a request by email to the email address or by post
to our postal address.
2. Revocation of consent. You can
revoke your consent - in those cases in which the consent for the
processing is required - at any time with effect for the future. The
lawfulness of the data processing on the basis of the consent before the
revocation remains unaffected. In certain cases, we may process your
information after you revoke your consent, if we have a different legal
basis for this, or when your revocation was limited to certain
processing activities.
3. Right to information. You have the
right to (i) receive a confirmation as to whether or not your data will
be processed by us, and, if so, (ii) obtain more accurate information
about the data. The more specific information includes, but is not
limited to, processing purposes, data categories, potential recipients,
or duration of storage.
4. Right to correction. You have the
right to have inaccurate data about you corrected. If the data processed
by us is not correct, we will correct it immediately and inform you
about this correction. Note that (i) you can correct many of your data
in settings and (ii) we are technically unable to correct all types of
data in our product.
5. Right to deletion. You have the right
to delete the data we store about you. You can send us an email to
kontakt@ewalia.at instructing us to delete all your data. This email
will also be forwarded to those third party providers we have described
above with the request to delete your data. Please note that data may
still be stored on your mobile phone after your account has been
deleted.
6. Right of restriction of processing. In the following cases, you have the right to restrict us from processing your data:
7. Right to data transfer. You have the right to (i) obtain a copy of
your data in a structured, common and machine-readable format and (ii)
transmit such information freely from us to another responsible entity.
You can download a copy of your data in your settings on the website.
8. Right to objection. You have the right to object at any time to the
processing of any data of which the legal basis is our legitimate
interests, including the creation of profiles on the basis of these
terms. You also have the right to object to the processing of data for
direct marketing purposes.
9. Right to lodge a complaint. You
have the right to lodge a complaint with your local regulatory authority
if you believe the data processing is in violation of applicable law.
8. OTHER IMPORTANT INFORMATION
1. Legal bases. The data protection laws stipulate that we may only
collect and process your data if we have the legal basis for this
processing. The lawfulness of the data processing results from:
Our legitimate interests include protecting you, protecting Ewalia or
others from security threats or fraud, complying with all applicable
laws, managing and improving our business (e.g. customer service,
reporting), including potential corporate transactions (such as mergers
and acquisitions ) that allow users to share their fitness experiences,
socialise, and express all opinions on fitness and health.
2.
Security measures. We are committed to protecting your information and
taking appropriate technical and organisational security measures to
protect it against unauthorised or unlawful processing and accidental
loss, destruction or damage. These security measures are constantly
adapted to the latest technological developments.
9. Changes to the data privacy policy
1. General. Ewalia may change this privacy policy.
2. Material changes. If we make any material changes, we will notify
you directly in our products or otherwise (e.g. by email) to give you
the opportunity to review the changes before they take effect. If your
consent is required, we will ask for it before the changes take effect.
3. Last amendment. The last amendment to this privacy policy was made on 03.03.2020.