Privacy Policy - Smart Fitness

Privacy Policy

Effective date: Oct 25, 2019

This Privacy Policy explains what personal data is collected when you (you or User) use the Smart Fitness or one of the private branding of SMART WORKOUT APP mobile application (We) and the services provided through it (together the “Service”), and how this personal data will be used and shared.

Please read the Privacy Policy carefully before using our Service.  We may update this Privacy Policy from time to time and in this case, we will notify you about it. Our Terms of Service is available here https://www.smartfitnessapp.com/termsofservice/.

BY USING THE SERVICE, YOU AGREE AND ASSERT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS PRIVACY POLICY YOU ASSERT YOU ARE OF LEGAL AGE (18 YEARS OLD)

If you disagree with these assertions and promises, you must (a) delete your account using the functionality found in “Settings” in the Smart Fitness or one of the private branding of SMART WORKOUT APP, or contact us and request deletion of your data; (b) cancel any subscriptions using the functionality provided by Apple (if you are using iOS) or Google (if you are using Android); and (c) delete the Smart Fitness or one of the private branding of SMART WORKOUT APP from your devices.

 

Definitions:

“Personally identifiable information” any data that could potentially be used to identify a particular person.

“GDPR” the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

“EEA” includes all current member states to the European Union and the European Economic Area.

“Process”, in respect of personal data, includes to collection, storage, and disclose to third parties.

  1. CATEGORIES OF PERSONAL DATA COLLECTED

1.1.        DATA PROVIDED BY USER

When the User registers for and/or use the Service User provide Smart Fitness or one of the private branding of SMART WORKOUT APP with full name, age, physical data, training level, and and-mail.

When the User uses Services, the Smart Fitness or one of the private branding of SMART WORKOUT APP may collect User’s weight, height, health conditions, and injuries.

1.2.        Data provided by third parties

When the User decides to log in using a third party service similar to (Google, Facebook, and Twitter) Smart Fitness or one of the private branding of SMART WORKOUT APP gets personal data from respective User’s account. This includes User’s age and name. Unless User choses to opt out on the login screen, Smart Fitness or one of the private branding of SMART WORKOUT APP will also collect other data, such as email address. For more information, please refer to the policies of third party services chosen for log in.

1.3.        Data collected automatically:

1.3.1.    Reference data

Smart Fitness or one of the private branding of SMART WORKOUT APP collect data about User’s referring to Smart Fitness or one of the private branding of SMART WORKOUT APP or URL. It may be the app or place on the Web where User were when were tapped on Smart Fitness or one of the private branding of SMART WORKOUT APP’s advertisement.

1.3.2.    Advertising ID’s

Smart Fitness or one of the private branding of SMART WORKOUT APP collects User’s Apple Identifier for advertising (“IDFA”) or Google Advertising ID (“AAID”) (depending on the operating system of User’s device). User can typically reset these numbers through the settings of User’s device’s operating system (but Smart Fitness or one of the private branding of SMART WORKOUT APP does not control this).

1.3.3.    Device and Location data.

Smart Fitness or one of the private branding of SMART WORKOUT APP collects data from User’s mobile device. Examples of such data include: device settings, model of a device, hardware ID, operating system, language settings, IP address, time zone, Internet service provider, mobile carrier, Facebook ID,  Google ID, and Twitter ID.

1.3.4.    Usage data

Smart Fitness or one of the private branding of SMART WORKOUT APP records how the User interacts with the Service. For example, Smart Fitness or one of the private branding of SMART WORKOUT APP logs

 User’s taps on certain areas of the interface,  features, and content the User interacts with, how often User use the Smart Fitness or one of the private branding of SMART WORKOUT APP. User’s training program progress, trainings User do, the time and duration of User’s trainings, how long User is in the Smart Fitness or one of the private branding of SMART WORKOUT APP and User’s subscription orders. Smart Fitness or one of the private branding of SMART WORKOUT APP also record the advertising in Smart Fitness or one of the private branding of SMART WORKOUT APP with which User interact (and links to which those advertising lead).

1.3.5.    Apple’s Health App and the Apple HealthKit API

Users may authorize Smart Fitness or one of the private branding of SMART WORKOUT APP to synchronize training information and collect information from Apple iOS Health App Data. The user can decide what information is placed into the Health App. Users can also modify which specific data Smart Fitness or one of the private branding of SMART WORKOUT APP can collect and access through Health App settings. Smart Fitness or one of the private branding of SMART WORKOUT APP request access to User’s weight, heart rate, and active energy burned. Additionally, Smart Fitness or one of the private branding of SMART WORKOUT APP requests permission to write info to active energy burned and training type. User Health App Data is considered personally identifiable data. The information provided directly in the Health App (i.e., not through Smart Fitness or one of the private branding of SMART WORKOUT APP) is governed by the Apple Terms and Conditions and Privacy Policy. Personal Information from the Health App is not shared by Smart Fitness or one of the private branding of SMART WORKOUT APP to third parties for the purpose of advertising or other use-based data mining purposes other than improving health, or for the purpose of health research.

1.3.6.    Location Information.

If the User has enabled location services on mobile device, Smart Fitness or one of the private branding of SMART WORKOUT APP collects location information to calculate quantity of steps in a day, running length, and reading the miles with voice. User can disable location services on his phone.

  1. PURPOSES FOR COLLECTION OF PERSONALLY IDENTIFIABLE DATA

2.1.        Provision of Service

Smart Fitness or one of the private branding of SMART WORKOUT APP collects personally identifiable data to provide service to its User’s. It includes enabling the User to use the Service in a seamless manner and preventing or addressing service errors or technical issues.

2.2.        Communication regarding use of Service

Smart Fitness or one of the private branding of SMART WORKOUT APP may communicate with User’s by push notifications or e-mails. Such communicating may include motivational messages and reminders encouraging the User to follow training plan, or other information about the Smart Fitness or one of the private branding of SMART WORKOUT APP. Users may receive a push notification every day at a particular time reminding to train. User may also opt out of receiving push notifications by changing the settings on the mobile device.

Smart Fitness or one of the private branding of SMART WORKOUT APP may collect data concerning the date and time when the message was viewed by User, as well as when User interacted with it, such as by clicking on links included in the message.

2.3.        Customization of User’s experience

Smart Fitness or one of the private branding of SMART WORKOUT APP processes User’s personally through identifiable data, such as physical characteristics, to adjust the content of the Service and make offers tailored to User’s personal preferences. Due to such processing, users get access, for example, to a personal injury sport injuries program.

2.4.        Management of accounts and provision of customer support

Smart Fitness or one of the private branding of SMART WORKOUT APP processes User’s personally identifiable data to respond to User’s requests for technical support, service information or to any other communication the  user initiates. This includes accessing User’s account to address technical support requests. Smart Fitness or one of the private branding of SMART WORKOUT APP may send User notifications or emails about the performance of Service, security, payment transactions, notices regarding Terms of Service or this Privacy Policy.

2.5.        Sending of marketing communications

Smart Fitness or one of the private branding of SMART WORKOUT APP processes User’s personally identifiable data for marketing purposes. The User may receive information about products, such as for example, special offers.

Smart Fitness or one of the private branding of SMART WORKOUT APP may also show advertisements and send push notifications for marketing purposes. To opt out of receiving push notifications, User need to change the settings on device.

2.6.        Personalization of marketing

Smart Fitness or one of the private branding of SMART WORKOUT APP use User’s personally identifiable data to tailor advertising and possibly show them to User at the relevant time.

User may opt out or influence personalized advertising by editing following settings.

iOS: Go to “Settings,” then “Privacy” and tap “Advertising” to select “Limit Ad Track”. Also User can reset advertising identifier in the same section.

Android: Open the Google Settings, tap “Ads” and enable “opt out of interest-based ads”. User can reset advertising identifier in the same section.

Google Ads is an advertisings delivery service provided by Google. It allows Smart Fitness or one of the private branding of SMART WORKOUT APP to tailor the way the advertisements appear. For example, show an advertisement to users who have purchased a subscription. Some other examples of events that may be used for tailoring advertisings includes, installing Smart Fitness or one of the private branding of SMART WORKOUT APP, finishing a training session or training program. Google allows its users to opt out of Google’s personalized ads and to prevent their data from being used by Google Analytics.

2.7.        To enforce our Terms of Service and to prevent and combat fraud

Smart Fitness or one of the private branding of SMART WORKOUT APP uses personal data to enforce agreements and contractual commitments, to detect, prevent, and combat fraud. Smart Fitness or one of the private branding of SMART WORKOUT APP may share User’s information with others, including law enforcement agencies (in particular, if a dispute arises in connection with Terms of Use).

2.8.        Researching and analyzing of use of the Service

Smart Fitness or one of the private branding of SMART WORKOUT APP performs researching and analyzing to, maintain, improve, innovate, plan, design, analyze operations, and to modernize Smart Fitness or one of the private branding of SMART WORKOUT APP. This data is also used to test and improve offers, for statistical analysis purposes. It allows to better understand what features and training plans of Users like more, what categories of Users use Smart Fitness or one of the private branding of SMART WORKOUT APP.

Smart Fitness or one of the private branding of SMART WORKOUT APP uses Google Analytics to help analyze how Users use it. Google Analytics for mobile apps provides a platform to measure User interactions. This tool allowing Smart Fitness or one of the private branding of SMART WORKOUT APP to better understand and optimize User’s engagement with application.

Smart Fitness or one of the private branding of SMART WORKOUT APP use Fabric, which is an analytics service provided by Crashlytics, a business division of Google.

 

 

 

2.9.        To comply with legal obligations

Smart Fitness or one of the private branding of SMART WORKOUT APP may process, use, or share User’s data when the law requires it, in particular, if a law enforcement agency requests particular User’s data by available legal means.

  1. LEGAL BASIS FOR PROCESSING OF PERSONALLY IDENTIFIABLE DATA (Applies only to EEA-based Users)

This section explains what legal basis used my Smart Fitness or one of the private branding of SMART WORKOUT APP for each particular purpose of processing. For more information on a particular purpose, please refer to Section 2. This section applies only to EEA-based Users.

Smart Fitness or one of the private branding of SMART WORKOUT APP processes EEA-based User’s personally identifiable data under the following legal bases:

3.1.        to perform our contract with User;

Under this legal basis Smart Fitness or one of the private branding of SMART WORKOUT APP:

  • Provide Service (in accordance with Terms of Service)
  • Customize User’s experience
  • Manage User account and provide User with customer support
  • Communicate with User regarding User’s use of Service

3.2.        for other legitimate interests, unless those interests are overridden by User’s interests or fundamental rights and freedoms that require protection of personal data;

Smart Fitness or one of the private branding of SMART WORKOUT APP rely on legitimate interests:

  • to communicate with User regarding User’s use of Service

This includes, for example, sending push notifications reminding to exercise at appropriate times. The legitimate interest Smart Fitness or one of the private branding of SMART WORKOUT APP rely on for this purpose is interest to encourage User to use Service more often. Smart Fitness or one of the private branding of SMART WORKOUT APP also take into account the potential benefits to User of following training, which may lead User to a better and healthier lifestyle.

  • to research and analyze User’s use of the Service

Smart Fitness or one of the private branding of SMART WORKOUT APP’s legitimate interest for this purpose is interest in improving Service so Smart Fitness or one of the private branding of SMART WORKOUT APP understands Users’ preferences and is able to provide User with a better experience.

  • to send marketing communications

The legitimate interest Smart Fitness or one of the private branding of SMART WORKOUT APP rely on for this processing is interest to promote Service in a measured and appropriate way.

  • to personalize advertising

The legitimate interest Smart Fitness or one of the private branding of SMART WORKOUT APP rely on for this processing is interest to promote Service in a reasonably targeted way.

  • to enforce Terms of Service and to prevent and combat fraud

Legitimate interests for this purpose are enforcing Smart Fitness or one of the private branding of SMART WORKOUT APP’s legal rights, preventing and addressing fraud and unauthorised use of the Service, non-compliance with our Terms of Service.

3.3.        To comply with legal obligations.

  1. SHARE OF PERSONALLY IDENTIFIABLE DATA

Smart Fitness or one of the private branding of SMART WORKOUT APP shares information with third parties that help operate, provide, improve, integrate, customize, support, and market Service. Smart Fitness or one of the private branding of SMART WORKOUT APP may share some portion of personally identifiable data, such as, for purposes indicated in Section 2 of this Privacy Policy. The types of third parties Smart Fitness or one of the private branding of SMART WORKOUT APP share information with include, in particular:

4.1.        Service providers

Smart Fitness or one of the private branding of SMART WORKOUT APP share personally identifiable data with third parties  Smart Fitness or one of the private branding of SMART WORKOUT APP hires to provide services or perform business functions on Smart Fitness or one of the private branding of SMART WORKOUT APP’s behalf, based on instructions. Smart Fitness or one of the private branding of SMART WORKOUT APP share User’s personal information with the following types of service providers:

  • measurement partners
  • cloud storage providers
  • marketing partners (in particular, social media networks, marketing agencies, email delivery services)
  • data analytics providers

4.2.        Apple HealthKit or Google Fit (together the “Health App”)

Smart Fitness or one of the private branding of SMART WORKOUT APP shares data about User’s activity with Health App applications installed on User’s device, provided that the User gave express permission on such device. Before User decide to share data with the Health App, Smart Fitness or one of the private branding of SMART WORKOUT APP encourages the User to review the Health App’s privacy policies, as data will be subject to those policies. For more information on the Apple HealthKit, please see http://www.apple.com/ios/health/, and on the Google Fit, please see https://www.google.com/fit/.

4.3.        Law enforcement agencies and other public authorities

Smart Fitness or one of the private branding of SMART WORKOUT APP may use and disclose personally identifiable data to enforce Terms of Service, to protect Smart Fitness or one of the private branding of SMART WORKOUT APP’s rights, privacy, safety, property, and/or that of Smart Fitness or one of the private branding of SMART WORKOUT APP’ affiliates, Users or others. Smart Fitness or one of the private branding of SMART WORKOUT APP may use and disclose personally identifiable data when responding to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, or in other cases provided for by law.

  1. EXERSICING OF PRIVACY RIGHTS

5.1.        To be in control of personal data, User have the following rights:

Accessing / reviewing / updating / correcting personally identifiable information. User may review, edit, or change the personal data that the one had previously provided to Smart Fitness or one of the private branding of SMART WORKOUT APP in the profile section.

Deleting your personal data. User can request erasure of personally identifiable data by sending an email at smartfitness7@gmail.com. Smart Fitness or one of the private branding of SMART WORKOUT APPSmart Fitness or one of the private branding of SMART WORKOUT APP

When User requested deletion of personally identifiable data, Smart Fitness or one of the private branding of SMART WORKOUT APP will use reasonable efforts to honor such request. Any request will be answered within 1 month as of its filing. In some cases, Smart Fitness or one of the private branding of SMART WORKOUT APP may be legally required to keep some portion of the personally identifiable data for a certain time. In such event, Smart Fitness or one of the private branding of SMART WORKOUT APP will fulfill deletion request after obligations completed.

5.2.        Additional information for EEA-based Users

5.2.1.    Users who based in the EEA have the following rights in addition to the above:

Right to rectification. User has the right to request to rectify, without undue delay, any incorrect data pertaining to the respective User.

Right to limitation of processing. User can limit the use of personally identifiable data collected.

Right of access. User may request a copy of personal data collected during use of the Smart Fitness or one of the private branding of SMART WORKOUT APP at smartfitness7@gmail.com.

Objecting to or restricting the use of personal identifiable data. User can ask to stop using all or some portion of personal identifiable data or limit use thereof by requesting its erasure as described above or sending a request at smartfitness7@gmail.com.

The right to lodge a complaint with supervisory authority. Users have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where User reside, work or where the alleged infringement has taken place.

The right to data portability. User can receive personal identifiable data in a machine-readable format by send respective request at smartfitness7@gmail.com.

5.2.2.    Exercise the rights

To exercise their right to access User have the right to request from the Smart Fitness or one of the private branding of SMART WORKOUT APP at any time:

–             Confirmation as to whether data related to them is processed by the Smart Fitness or one of the private branding of SMART WORKOUT APP, the purpose of the processing, the data category, and recipients of such data or the categories of recipients’ data is disclosed to;

–             Information as to the logic of any automated processing of personally identifiable data pertaining to natural persons, at least in the case of automated decisions under the provisions of the GDPR.

Upon request, Smart Fitness or one of the private branding of SMART WORKOUT APP provides the information free of charge. However, Smart Fitness or one of the private branding of SMART WORKOUT APP may charge a reasonable fee if request is clearly unfounded, repetitive or excessive. Alternatively, Smart Fitness or one of the private branding of SMART WORKOUT APP may refuse to comply with User’s request in these circumstances.

The filing of the request is free of charge.

Upon filing of a request by an authorised person, the notarised power of attorney must be attached to the request.

In case of death of the natural person, his / her rights are exercised by his / her heirs and the certificate of heirs shall be attached to the request. The heritage should be confirmed by respective certificate, issued in the death person’s jurisdiction.

Smart Fitness or one of the private branding of SMART WORKOUT APP shall review and pronounce on the request within 1 month as of its filing. This period may be extended by an additional two months, if necessary, for example, if User request is especially complex or User have made multiple requests. The Smart Fitness or one of the private branding of SMART WORKOUT APP shall inform the User as to any such extension within 1 month as of receipt of the request, stating the reasons for the delay. When the User files a request by electronic means, the information is provided electronically, if possible, unless the User has requested otherwise.

Smart Fitness or one of the private branding of SMART WORKOUT APP provides an answer to the requesting person taking into account their preferred form for the provision of the information (orally or in writing – as a hard copy of electronically).

Where data do not exist or their provision is forbidden by law, access of the requesting party to such data is refused.

If the requesting party is not satisfied with the response received and / or believes that their rights related to personally identifiable data protection were violated, they are entitled to exercise their right to defence.

  1. AGE LIMITATION

Smart Fitness or one of the private branding of SMART WORKOUT APP do not knowingly process personal data from persons under 18 years of age. If you learn that anyone younger than 18 years old has provided us with personal data, please contact us at smartfitness7@gmail.com

  1. INTERNATIONAL DATA TRANSFERS

Smart Fitness or one of the private branding of SMART WORKOUT APP may transfer and maintain on servers or databases some of User’s personally identifiable data outside the European Economic Area (EEA) including in Israel and the United States of America.

The countries to which User’s personally identifiable data transferred may not have the same data protection laws as User’s jurisdiction. Smart Fitness or one of the private branding of SMART WORKOUT APP take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure adequate protection of Personally identifiable data.

  1. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time. If we decide to make material changes to this Privacy Policy, you will be notified through our Service or by other available means and will have an opportunity to review the revised Privacy Policy. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

  1. Security Measures

Smart Fitness or one of the private branding of SMART WORKOUT APP takes technical, organizational, and legal measures, including, where suitable, encryption, to ensure that personally identifiable data are protected from unauthorized or accidental access, deletion, modification, blocking, copying and dissemination.

 

  1. CALIFORNIA PRIVACY RIGHTS

California’s Shine the Light law gives California residents the right to ask companies once a year what personal information they share with third parties for those third parties’ direct marketing purposes. Learn more about what is considered to be personal information under the statute.

If User is a California resident, Smart Fitness or one of the private branding of SMART WORKOUT APP will provide the requested information to respective User email address. To obtain this information from lease User may send an email message to smartfitness7@gmail.com which includes “Request for California Privacy Information” on the subject line and state of residence.

Notice: not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in response.

  1. DATA RETENTION

Smart Fitness or one of the private branding of SMART WORKOUT APP will store Personally identifiable data for as long as it is reasonably necessary for achieving the purposes set forth in this Privacy Policy and Terms of Service, which includes (but is not limited to) the period during which User have an account. Smart Fitness or one of the private branding of SMART WORKOUT APP will also retain and use personally identifiable data as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

  1. DATA CONTROLLER

SMART WORKOUT APP LTD, a company registered in the State of Israel (with registered office at Hod-Hasharon, Moshe Sharet 27/16) will be the controller of User’s personally identifiable data. For any questions concerning account or personally identifiable data please contact us at smartfitness7@gmail.com.

The SMART WORKOUT APP LTD has registered a database with the Israeli Database Registrar.

  1. WEBSITE COOKIES

 

The Smart Fitness or one of the private branding of SMART WORKOUT APP website (Website) use cookies and similar technologies. Cookies are usually a string of numbers and/or letters that a Website transfers to your hard drive. Similar technologies include pixel tags and web storage and other technologies. All these things are called cookies in this section.

The Website using following types of cookies:

 

Strictly necessary cookies. These cookies are essential to enable the user to navigate around the Website securely.

Functionality cookies

These cookies enhance the functionality of the Website by storing user preferences.

Performance cookies – These cookies improve the performance of the Website. For instance, they help pages load quicker.

Analytics cookies. Website use third party analytics services such as Google Analytics and others. Your IP address and other information will be collected by automated means to evaluate use of the website, compile reports on website activity, identify user patterns and provide related services. In addition, authentication and tracking logs will be used to compile user statistics.

When you are using our Website you agree to our use of cookies.

Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that, or opt-out as explained below. You may not be able to take full advantage of our platforms or use certain functions if you disable cookies.