Privacy
1. Controller
The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
GAINS COACH PTY LTD
2. General
2.1. Scope of Personal Data Processing
Our approach to processing personal data revolves around minimizing it to what is essential for the smooth functioning of our website and app, as well as for delivering content and services. In most cases, we will only process your personal data after obtaining your explicit consent. However, there may be certain situations where obtaining prior consent is not feasible, but the data processing is still permissible under the law.
2.2. Legal Basis for Personal Data Processing
The processing of personal data is conducted based on the following legal grounds, unless stated otherwise in our privacy policy:
a) Consent: We rely on Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) as the legal basis when you provide consent for specific processing operations of your personal data.
b) Contractual Performance: When the processing of personal data is necessary for the performance of a contract in which you are involved, we rely on Article 6 (1) (b) GDPR. This also applies to processing activities required for pre-contractual measures.
c) Legal Obligation: We rely on Article 6 (1) (c) GDPR as the legal basis when processing personal data is necessary to fulfill a legal obligation that our company must adhere to.
d) Vital Interests: In situations where the processing of personal data is essential to protect your or another person's vital interests, we rely on Article 6 (1) (d) GDPR.
e) Legitimate Interests: If processing personal data is necessary to safeguard a legitimate interest of our company or a third party, and such interests do not override your fundamental rights and freedoms, we rely on Article 6 (1) (f) GDPR as the legal basis for the processing.
2.3. Data Deletion and Storage Period
Unless specified otherwise in subsequent sections of our privacy policy concerning data deletion and retention periods, the following principles apply:
We will delete or block your personal data as soon as the purpose of its storage no longer applies. However, in some cases, data storage may be required by European or national laws, regulations, or Union regulations applicable to our organization. Additionally, data will be blocked or deleted when any storage period mandated by the aforementioned standards expires, unless further data storage is necessary to fulfill or perform a contractual obligation.
2.4. Marketing and Advertising of Products and Services
We may use personal data to deliver tailored content and advertising, provided it is permitted by applicable law. This may include activities such as email campaigns, personalized advertising, and custom audiences advertising. However, we want to assure you that we will not utilize or disclose any health and fitness data for advertising or marketing purposes.
3. Data that you enter yourself in the app
3.1. Description and Scope of Data Processing
To utilize the app, certain information must be provided by you, including:
(1) Gender
(2) Training experience
(3) Bodyweight
If you choose to register, you will need to enter your email address and a password of your choice to authenticate yourself.
In order to create a personalized training plan tailored to your needs, we require the following information from you:
(1) Fitness goal
(2) Preferred muscle split
(3) Training duration
(4) Available equipment
Additionally, we store specific training data to:
a) Present your training progress to you.
b) Offer suitable progression recommendations.
This training data includes:
(1) Selected exercises
(2) Number of sets
(3) Number of repetitions
(4) Weight used
3.2. Legal Basis for Data Processing
The legal basis for processing the personal data you enter in the app is Article 6 (1) (b) of the EU General Data Protection Regulation (GDPR), as this data collection is essential for fulfilling a contract in which you are a party or for implementing pre-contractual measures.
3.3. Purpose of Data Processing
We process the data you enter in the app for the following purposes:
(1) To authenticate your access to your app account.
(2) To generate a customized workout plan based on your needs.
(3) To provide suitable progression recommendations.
(4) To display your workout progress.
(5) To show your workout duration and date.
(6) To respond to your inquiries, conduct research, and resolve service issues.
(7) To meet our business needs.
(8) To improve and analyze the performance and usage of our app.
(9) To conduct research to enhance our products and provide you with a better app experience.
Your data will be processed in compliance with all relevant laws and regulations to fulfill our obligations.
If we believe it is necessary to investigate potential fraud or other violations of our Terms of Service or this privacy policy, we will process your data.
3.4. Storage Period
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For instance, this occurs when you delete your account.
3.5. Possibility of Objection and Removal
If you delete your account, all your data will be removed.
However, if data storage is legally required, a deletion request will not affect the data.
4. Apple HealthKit
4.1. Description and Scope of Data Processing
We utilize Apple's HealthKit framework (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; "Apple"), which serves as a central repository for health and fitness data on iPhones and Apple Watches. With your explicit consent, this framework enables apps to communicate with HealthKit to access and share this data.
We access or share the following data with the HealthKit framework only with your explicit consent:
(1) Activity energy
(2) Weight
(3) Body fat percentage
(4) Exercise
4.2. Legal Basis for Data Processing
The legal basis for processing personal data synchronized with the HealthKit framework is Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR), as the processing is based on your consent.
Please refer to Apple's privacy policy for Apple Health, as it explains the legal basis for Apple Health storing your data: https://www.apple.com/ios/health
4.3. Purpose of Data Processing
We store the data received from the HealthKit framework to display it to you in the app in lists and graphs. Additionally, bodyweight data is used to calculate the total weight moved during exercises that involve body weight.
We do not use this data for advertising purposes or similar services, and it is not shared with third parties.
Data shared with the HealthKit framework can be analyzed in the Apple Health app.
4.4. Storage Period
The data will be deleted from our app when it is no longer necessary to achieve the purpose for which it was collected. For instance, this occurs when you delete the data in Apple Health or our app.
Please refer to Apple's privacy policy for Apple Health, as it explains the retention period of your data in Apple Health: https://www.apple.com/ios/health
4.5. Possibility of Objection and Removal
You can enable or disable the automatic synchronization of data between the app and the HealthKit framework at any time in the settings of your iPhone.
You also have the option to irrevocably delete data in our app. To delete data synced from Apple Health to our app, it must first be deleted from Apple Health.
Please refer to Apple's privacy policy for Apple Health, as it explains the deletion of your data in Apple Health: https://www.apple.com/ios/health
For more information about HealthKit, please visit: https://developer.apple.com/documentation/health
5. Provision of the app and creation of log files
5.1. Description and Scope of Data Processing
To use this app, registration with the App Store or Google Play Store is required, where you must provide relevant personal data such as name, email address, account customer number, time of download, payment information, and individual device identification number.
We have no control over this data collection and are not responsible for it. We process this data only to the extent necessary for the execution of the contract.
For the purpose of app usage and future app improvement, we collect the following data when you install the app on your mobile device:
(1) Login data of your mobile device (including the device ID).
(2) Anonymized IP address.
(3) Date and time of the call, time zone difference to Greenwich Mean Time (GMT), access jams/http status code.
(4) Transmitted data volumes, messages about successful transmissions to your mobile device.
(5) Data generated through your app usage, including the pages you access and your entries, such as searches.
This data will be stored separately from all other personal data provided by you.
5.2. Legal Basis for Data Processing
The legal basis for processing this data is Article 6 (1) (f) of the EU General Data Protection Regulation (GDPR).
5.3. Purpose of Data Processing
Our legitimate interest in data processing, as per Article 6 (1) (f) GDPR, is that this data is technically necessary for us to provide the functions of our app and to ensure its stability and security.
5.4. Storage Period
As soon as the data is no longer required to achieve the purpose for which it was collected, it will be deleted. In log files, this occurs at the latest after 7 days. Data storage beyond this period is possible, in which case your IP address will be deleted or anonymized.
5.5. Possibility of Objection and Removal
The collection of data for app provision and storage in log files is mandatory for app operation. Therefore, you do not have the option to object to this data processing.
6. Firebase
6.1. Description and Scope of Data Processing
We utilize Firebase, a service provided by Google (Gordon House, Barrow Street, Dublin 4, Ireland; "Google Ireland Ltd."), for analyzing your usage behavior, conducting A/B tests, and sending push notifications. Firebase offers various services for app developers.
Certain Firebase services process personal data, but in most cases, this data is limited to so-called instance IDs with timestamps. These instance IDs are used only once and associated with specific events or processes. The data collected in this manner is not personally identifiable, and we do not take steps to subsequently personalize it.
Information about the instance IDs used can be found here: https://firebase.google.com/support/privacy/manage-iids
Information about Google's use of data for marketing purposes can be found here: https://www.google.com/policies/technologies/ads
Google's privacy policy can be found here: https://www.google.com/policies/privacy
Google is certified under the Privacy Shield agreement, providing a guarantee of compliance with European data protection law: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI
6.2. Legal Basis for Data Processing
The legal basis for data processing is Article 6 (1) (f) of the EU General Data Protection Regulation (GDPR).
6.3. Purpose of Data Processing
The data is used to improve the quality of our app and the effectiveness of our mobile ad campaigns.
6.4. Storage Period, Possibility of Objection, and Elimination
You can restrict the use of your advertising ID in the device settings of your mobile device.
For iOS: Go to Settings > Privacy & Security > Tracking.
For Android: Go to Settings > Google > Ads > Reset advertising ID.
You can object to interest-based advertising by Google marketing services here: http://www.google.com/ads/preferences
You can deactivate push notifications in the settings of your mobile device and also reactivate them at any time.
7. Provision of the website and creation of log files
7.1. Description and Scope of Data Processing
Whenever you access our website, our system automatically records data from the operating system of your accessing device in server log files. The following data is collected:
(1) Your browser type and version.
(2) Your operating system.
(3) Your internet service provider.
(4) Your IP address.
(5) The date and time of your access.
(6) Websites from which your system accessed our website.
(7) Websites that are accessed by your system through our website.
Option 2: The log files do not contain any IP addresses or other data that could be directly associated with you.
This data is also stored in our system's log files. However, your IP addresses or other data that could be used to identify you are not linked or combined with this data. We do not store this data together with your other personal information.
7.2. Legal Basis for Data Processing
The legal basis for processing this data is Article 6 (1) (f) of the EU General Data Protection Regulation (GDPR).
7.3. Purpose of Data Processing
Our legitimate interest in processing this data, as per Article 6 (1) (f) GDPR, is that it is technically necessary for us to provide you with the functionalities of our website and ensure its stability and security.
7.4. Storage Period
As soon as the data is no longer required to fulfill the purpose for which it was collected, it will be deleted. If the data is stored in log files, it will be deleted after 7 days at the latest. However, storage of your data beyond this period is possible, in which case your IP address will be either deleted or anonymized.
7.5. Possibility of Objection and Removal
The collection of data for providing the website and its storage in log files is essential for the operation of the website. Therefore, you do not have the option to object to this data processing.
8. Newsletter
8.1. Description and Scope of Data Processing
On our website, you have the option to subscribe to a free newsletter. When you register for the newsletter, we collect your email address from the input mask. Additionally, the following data is gathered during registration:
(1) IP address of the device used for registration.
(2) Date and time of registration.
For data processing, we obtain your consent during the registration process and refer you to this privacy policy.
No data will be shared with third parties in connection with the data processing for sending newsletters. The data is solely used for delivering the newsletter.
8.2. Legal Basis for Data Processing
The legal basis for processing data after your registration for the newsletter is your consent, according to Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR).
The legal basis for sending the newsletter as a result of the sale of goods or services is Article 7 (3) of the German Unfair Competition Act (UWG).
8.3. Purpose of Data Processing
Collecting your email address is for the purpose of delivering the newsletter.
Collecting other personal data during the registration process is to prevent misuse of the services or the email address used.
8.4. Storage Period
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Your email address will be stored as long as the subscription to the newsletter is active.
Other personal data collected during the registration process is usually deleted after a period of seven days.
8.5. Possibility of Objection and Removal
You can unsubscribe from the newsletter at any time by using the corresponding link provided in each newsletter. This also allows you to revoke consent to the storage of personal data collected during the registration process.
9. Google Fonts
Our website uses Google Fonts fonts (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).
The privacy policy of the provider can be found here: https://www.google.com/policies/privacy
10. Social media appearances
We use social networks and platforms for customer communication and information. On these platforms, the terms and conditions and privacy statements of the operators apply. We process your data when you contact us on these platforms.
11. Your rights
The following list includes all your rights against the controller according to the GDPR. Rights that are not relevant to our website and app do not need to be mentioned. In this respect, the list can be shortened.
11.1. Right of access
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If there is such processing, you can request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or the categories of recipients to whom the personal data relating to you have been or will be disclosed;
(4) the planned storage period of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from you;
(8) the existence of automated decision-making including profiling according to Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for you.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards according to Art. 46 GDPR in connection with the transfer.
11.2. Right to rectification
You have a right of rectification and/or completion against the controller, if the processed personal data concerning you are inaccurate or incomplete. The controller shall make the correction without undue delay.
11.3. Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request the restriction of the use of the personal data instead;
(3) the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
(4) if you object to the processing according to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a member state.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
11.4. Right to deletion
a) Obligation to delete
You may request the controller to delete the personal data concerning you without delay, and the controller is obliged to delete such data without delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing according to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Art. 21 (2) GDPR. (4) The personal data concerning you has been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or member state law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered according to Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it according to Art. 17 (1) GDPR, he or she shall take reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
c) Exceptions
The right to deletion does not exist insofar as the processing is necessary to
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation which requires processing under Union or member state law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health according to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes according to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the establishment, exercise or defense of legal claims.
15.5. Right to information
If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the data controller.
15.6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent according to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract according to Art. 6 (1) (b) GDPR and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
15.7. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right to object in connection with the use of information society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.
15.8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
15.9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the member states to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests or
(3) is carried out with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include, at least, the right to obtain the intervention of a person of the controller, to express his or her point of view and to contest the decision.
15.10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
12. Amendment of the privacy policy
We reserve the right to change or adapt this data protection declaration at any time in compliance with the applicable data protection regulations.
The last change to this privacy policy was made on September 01, 2023.