Information about the Treatment of Personal Data and Data Protection Provisions
(“Privacy Policy“)
of freshminds GmbH, Borselstr. 20, 22765 Hamburg, Germany
(“freshminds”)
for the use of the WeBurn App & Website
(“WeBurn”)

This Privacy Policy is for all users from the US and other countries.
For Germany, please click here
.
  1. 1. Introductory words for you

    1.1 First, we would like to introduce you to freshminds and WeBurn. We are a team of fitness, health and nutrition enthusiastic girls (and a few guys) who believe that FUN and RESULTS are supposed to be the core elements of fitness workouts. Nothing else. If fitness is fun and effective, we are motivated. If not, we stop working out because of a lack of motivation. The more fun and effective the fitness routine is, the happier we are and will be. To enjoy a healthier and happier life is our mission and the basis of everything we do at freshminds and WeBurn. As a result, we have developed scientifically-proven, highly effective women HIIT home workouts that are fun.

    1.2 Users of our WeBurn App ("User") and our unique WeBurn community are the core reason why the WeBurn App is so much fun and popular. On the one hand, our members respect each other, on the other hand, we place our members in the foreground. This is why privacy is very important to us. It is important to us that personal data is protected as much as possible. For maximum transparency, the following sections show how and why we save, store, use and forward which personal and other data. Please read these Data Protection Provisions carefully (as well as the separately available Terms of Service) and contact us directly on hello@joinWeBurn.com in case you have questions!

  1. 2. General & Scope

    2.1 Owner and Operator of the WeBurn App and the Website www.joinWeBurn.com including all subdomains and links (“WeBurn App“ or “App“ or “Website“) is freshminds GmbH, Borselstr. 20, 22765 Hamburg, Germany, E-Mail: hello@joinWeBurn.com, Tel. 0049 40 52472544 (“freshminds“). freshminds is responsible for privacy according to the German Telemediengesetz (TMG), Bundesdatenschutzgesetz (BDSG) and EU-DSGVO (EU 2016/679). The company is registered under number HRB 146668 at Amtsgericht Hamburg and represented by the managing directors Lennart Brandt and Dr. Maximilian Muelke. Due to its registered office in Germany, freshminds works under German law and EU policies.

    2.2 This Privacy Policy contains all privacy policy provisions of freshminds. They represent everything regarding the privacy policy provisions, complemented with the separately provided terms of service (“Terms of Service"). During the download process or with the use of social network or similar services, however, users have to accept privacy policies of third parties (e.g. Appstore providers Google or Apple or Social Networks like Facebook, Instagram, Whatsapp, etc.).

    2.3 Underaged persons are not allowed to use the app or only with the explicit permission of the user’s parents (with parents accepting this privacy policy).

    2.4 This Privacy Policy may be adjusted or changed by freshminds at any time. The most recent version can always be found on www.joinWeBurn.com/privacy.html and in the App’s settings and should regularly be visited and checked for updates.

  1. 3. Personal data – General, Consent

    3.1 According to Art. 4 DSGVO, personal data ("personal data") are all information collected about an identified or identifiable natural person.

    3.2 On the Website and in the App, personal data are collected, stored and edited at various points - whenever the user visits the Website or uses the App, contacts freshminds, registers, carries out actions, etc. The data collection is carried out for two main reasons: Firstly, freshminds aims to meet its contractual obligations (see also Terms of Service) so that the user receives what freshminds and WeBurn promise. Secondly, the collection is necessary if freshminds wants to learn from the behavior of the users in order to make the App as bug-free, user-friendly and simple as possible for all users and to continuously improve it for the users.

    3.3 The user explicitly agrees to the collection, processing and use of his or her personal data for the purpose of the execution of the usage license contract (see Terms of Service) and in accordance with the present Privacy Policy. The user is aware of and agrees that the personal data described in and after section 4 will be stored on data carriers by freshminds or from the separately listed (see in and after section 4) external providers.

    3.4 Personal data are never sold, only used for the purposes described in this Privacy Policy and only stored as long as necessary or legally prescribed. freshminds handles all personal data provided only within the setting of the present Privacy Policy and the separately accessible Terms of Service.

    4. Personal and other data – Website

    4.1 When visiting the websites (https://www.joinWeBurn.com as well as all sub-pages) the following is important:

    1. 4.1.1 When the user visits our websites, freshminds collects data only anonymized and solely for statistics and analyses purposes with the analytics service provider Mixpanel, 405 Howard Street, Floor 2, San Francisco, CA 94105, USA. The transmission happens according to the requirements of Art. 46 DSGVO. Mixpanel stores and collects the data and presents the data for freshminds in a dashboard. Mixpanel stores the data in the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://mixpanel.com/legal/dpa/). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Mixpanel. If the user does not want that Mixpanel saves and stores the user’s data, the user should not visit the website. The data will be deleted after the period prescribed by law. Additional information can be found in Mixpanel’s Terms of Service (https://mixpanel.com/legal/terms-of-use/) and Privacy Policy (https://mixpanel.com/legal/privacy-policy/).

      4.1.2 When visiting the website, the following data is collected by Mixpanel:

      4.1.2.1 Country, Region, City (Mixpanel uses the IP address to get country, region and city. Afterwards, however, the IP address is deleted or anonymized.)

      4.1.2.2 Time zone

      4.1.2.3 Browser

      4.1.2.4 Browser Version

      4.1.2.5 Device

      4.1.2.6 Current URL

      4.1.2.7 Initialer Referrer

      4.1.2.8 Initiale Referring Domain

      4.1.2.9 Operating System

      4.1.2.10 Mixpanel Library

      4.1.2.11 Referrer

      4.1.2.12 Referring Domain

      4.1.2.13 Screen Height

      4.1.2.14 Screen Width

      4.1.2.15 Search Engine

      4.1.2.16 Search Keyword

      4.1.2.17 UTM Parameters (ie. any UTM tags associated with the link a customer clicked to arrive at the domain)

      4.1.2.18 Last Seen

      4.1.3 Mixpanel uses cookies on freshminds’ websites. Cookies are text files stored in a user's browser to meet the obligations of freshminds, identify a user, offer more, better and more personalized features and more unique App experiences (e.g. automatic re-login when visiting again), or help freshminds improve the Website or App continuously for the users. The data generated by the analysis is passed on to Mixpanel's servers for processing and use. The user can exclude the use of cookies in the settings of his or her browser or delete existing cookies from his or her browser. If the user does not wish that his or her data is stored, he or she should not visit the Website.

      5. Personal and other data – via Links to the WeBurn App

      5.1 In addition to being forwarded to the WeBurn App via the Website (see section 4), the user can be informed of the App or freshminds via various other sources. On the one hand via oral, personal recommendations, in which a user will usually search directly for the App in the appstore to download it there. On the other hand, the user can be informed about the WeBurn App via various marketing channels. In the marketing of WeBurn, freshminds simplifies the download process by the interested user by using specific links to directly download the App. The same links might be used when a user recommends another user via the App. In addition to the simplification, the registration experience could thereby be personalized (display of the recommending first name / user name with his or her photo) and one or both users can be rewarded.

      5.2 For those links as well as for calculating the Customer Acquisition Costs (via different connected marketing channels, i.e. via the handed out links, Facebook- or Google or other Ads or organic sources), the Life Time Value or the Return on Investment, respectively, certain user conversions (Impression to Click, Click to Install, Install to active User, active User to Premium User, etc.) as well as for measuring certain In-App-Events for all installing users (including installs not coming from the links), freshminds uses the analytics service provider Appsflyer Ltd., 4 Hasadnaot St. Suite 9, Herzliya, 4672831, Israel ("Appsflyer"). The transmission happens according to the requirements of Art. 46 DSGVO. Appsflyer stores and collects the data and presents the data for freshminds in a dashboard. Appsflyer stores the data in the European Union and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://www.appsflyer.com/gdpr/dpa.pdf). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Appsflyer. If the user does not want that Appsflyer saves and stores the user’s data, the user should not click on any WeBurn links and should not use the WeBurn App. In order to delete the data saved by freshminds or Appsflyer, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Appsflyer data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Appsflyer’s Terms of Service (https://www.appsflyer.com/terms-of-use/) and Privacy Policy (https://www.appsflyer.com/privacy-policy/).

      5.3 The following data is saved by Appsflyer:

      5.3.1 IP Address (and thus Geography)

      5.3.2 User Agent

      5.3.3 Operating System (OS) / Platform

      5.3.4 SDK Version

      5.3.5 User ID

      5.3.6 Timestamp

      5.3.7 Developer Key

      5.3.8 App Version

      5.3.9 Device Identifiers like: IDFA (Identifier For Advertisers), Android ID, Google Advertiser ID

      5.3.10 Device Model

      5.3.11 Device Manufacturer

      5.3.12 Network connection (WiFi/3G)

      5.3.13 In-App-Event „Registration“

      5.3.14 In-App-Event „Xth Workout started“

      5.3.15 In-App-Event „Xth Workout finished“

      5.3.16 In-App-Event „Initiated Checkout“

      5.3.17 In-App-Event „Purchase successful“

      5.3.18 In-App-Event „User invited“

      5.3.19 In-App-Event „Onboarding-Tuturial done“

      5.3.20 Data about the source the user came from

    6. Personal and other data – when using the stores or downloading the app

    6.1 In the download process of the app stores (Google and Apple), data such as the device ID of the user, product page visits, click behavior, download processes, In-App-Purchases etc. is saved by Apple or Google, respectively, for statistics and analyses purposes. The app stores may also store this data outside of the European Union or Germany (in the USA, amongst others). If the user does not want that Apple and Google save and store the user’s data, the user should not use the App or Google Play Store or download any apps, respectively. Additional information can be found in Google’s and Apple’s Terms of Service and Privacy Policy.

    7. Personal and other data – when using the app; in the database

    7.1 After the user decided to download the App, he or she can only register if he or she actively checks a box and agrees to the present Privacy Policy (and Terms of Service, the health status agreement and the cancellation policy). If he or she does so, the collection, storage and use of additional personal data is required in order to create a new member account ("Account"), to enable him or her to use the App with all interaction possibilities, to identify him or her, to enable a technically flawless environment, to classify him or her into the community, to analyze and improve the App, to send him or her workout reminders, etc. (through an in-app or push message) and provide him or her with the best, maximum personalized App experience.

    7.2 In order to register successfully, the user has to insert her or his first name and the app asks the user for his or her fitness level – to create the account, address the user personally and suggest a certain first workout intensity. Optionally, the user can decide whether he or she wants to complete the profile with the following data (without any restrictions if the data is not provided by the user):

    7.2.1 Username (to have a unique name in the app)

    7.2.2 Profile Picture (to personalize the user’s app experience)

    7.2.3 Fitness Goal (to optimize the user’s workout plan and app experience in the future based on that data and for analyses)

    7.2.4 Age (to optimize the user’s workout plan and app experience in the future based on that data and for analyses)

    7.2.5 Body height (to optimize the user’s workout plan and app experience in the future based on that data and for analyses)

    7.2.6 Body Weight (to optimize the user’s workout plan and app experience in the future based on that data and for analyses)

    7.3 In addition to the data mentioned in section 7.2, freshminds saves the following user data in the database:

    7.3.1 User ID (to have a unique identifier)

    7.3.2 Date of Account Creation (for analyses)

    7.3.3 Date of Account Update / Last Appstart (for analyses)

    7.3.4 Date the Trial Period ends (in order to offer a trial period to some users)

    7.3.5 Link to the Profile Picture (if uploaded; see 7.2.2)

    7.3.6 App Version (for analyses)

    7.3.7 Version and Timestamp of Acceptance of Terms of Service and Privacy Policy (for legal and clarity reasons)

    7.3.8 Language (to show the right language to the user)

    7.3.9 Time Zone (to save workout reminders in the correct time format)

    7.3.10 Operating System (for analyses)

    7.3.11 AuthToken (to identify and authenticate the user)

    7.3.12 Android or Apple Payment Transaction Details (to check and, if necessary, restore purchased content / memberships)

    7.3.13 Membership Status (to distinguish free from paid members)

    7.3.14 Appsflyer ID (in order to offer a complete Appsflyer data deletion, if desired by the user)

    7.3.15 PushToken OneSignal/Google/Apple and Note whether the user accepted the delivery of push notifications (in order to send push notifications for workout reminders, etc.)

    7.3.16 Date and Time of last and next Workout Reminder (to send the desired workout reminders at the right date and time)

    7.3.17 Chosen Challenge with Status and Friends Name (to show the chosen challenge wherever needed)

    7.3.18 Workout History (to create a workout plan for the user and show progress and history)

    7.4 As database provider, freshminds uses mLab, which is part of Salesforce / Heroku Inc., 650 7th Street, San Francisco, CA 94103, USA („Heroku“). The transmission happens according to the requirements of Art. 46 DSGVO. Heroku stores and collects the data in the European Union and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Heroku. If the user does not want that Heroku saves and stores the user’s data, the user should not use the WeBurn App. The user can adjust his or her first name, username and profile picture him- or herself in the app. In order to delete all data saved by freshminds in the database or Heroku, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Heroku data” or via the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Heroku’s Terms of Service (https://www.heroku.com/policy/salesforce-heroku-msa) and Privacy Policy (https://www.salesforce.com/company/privacy/).

    7.5 freshminds is explicitly permitted to use the user's contact information provided or to use in-app- or push notifications or e-mails to inform about any App-related topics, to send newsletters, and to provide users with relevant advertising about freshminds apps. The User can unsubscribe from those messages him- or herself, by simply switching off push notifications by the App or not subscribing or unsubscribing from the e-mail service.

    8. Personal and other data – when using the app; for analyses, statistics & push notifications

    8.1 freshminds uses the analytics service provider Mixpanel, 405 Howard Street, Floor 2, San Francisco, CA 94105, USA („Mixpanel“) to get statistics, do analyses and contact the user – every time the user uses the app. The transmission happens according to the requirements of Art. 46 DSGVO. Mixpanel stores and collects the data and presents the data for freshminds in a dashboard. Mixpanel stores the data in the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://mixpanel.com/legal/dpa/). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Mixpanel. If the user does not want that Mixpanel saves and stores the user’s data, the user should not use the WeBurn App. In order to delete the data saved by freshminds or Mixpanel, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Mixpanel data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Mixpanel’s Terms of Service (https://mixpanel.com/legal/terms-of-use/) and Privacy Policy (https://mixpanel.com/legal/privacy-policy/).

    8.2 Mixpanel saves and stores all data from section 7.2 and 7.3 plus the following:

8.2.1 Country, Region, City (Mixpanel uses the IP address to get country, region and city. Afterwards, however, the IP address is deleted or anonymized.)

8.2.2 Time zone

8.2.3 App Build Nummer

8.2.4 App Version

8.2.5 Carrier

8.2.6 iOS App Release

8.2.7 iOS Lib Version

8.2.8 iOS ifA identifier for Advertisers

8.2.9 iOS Version

8.2.10 Device Manufacturer

8.2.11 Device Brand

8.2.12 Device Model

8.2.13 Operating System

8.2.14 Operating System Version

8.2.15 Connection (3G, 4G, LTE, etc)

8.2.16 Screen Height

8.2.17 Screen Width

8.2.18 DPI Screen

8.2.19 Wifi

8.2.20 Last Seen

8.2.21 Total App Sessions

8.2.22 Total App Session Length

8.2.23 Bluetooth

8.2.24 Bluetooth Version

8.2.25 Supports NFC

8.2.26 Supports Calls

8.2.27 Google Play Services

8.2.28 Lib Version Mixpanel

8.2.29 Amout of given Stars / App Rating

8.2.30 Amount of finished workouts

8.2.31 In-App-Purchases (incl. Bugs, Products, Prices)

8.2.32 Chosen Workout Intensities

8.2.33 Workout Rating Intensity

8.2.34 Workout Rating Overall Feeling

8.2.35 Name of the chosen workouts

8.2.36 Muscle Groups of the chosen workouts

8.2.37 Calorie burn of chosen workouts

8.2.38 Week day of chosen workouts

8.2.39 Hour of chosen workouts

8.2.40 Click and Movement Behavior in the App (Buttons and Screens)

8.3 In addition, freshminds uses the analytics service provider Google Firebase by Google Inc., 1600 Amphiteatre Parkway, Mountain View, CA 94043, USA („Google Firebase“) to get statistics, do analyses and contact the user – every time the user uses the app. The transmission happens according to the requirements of Art. 46 DSGVO. Google Firebase stores and collects the data and presents the data for freshminds in a website. Google Firebase stores the data in Europe or the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://firebase.google.com/terms/data-processing-terms). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Google Firebase. If the user does not want that Google Firebase saves and stores the user’s data, the user should not use the App. In order to delete the data saved by freshminds or Google Firebase, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Google data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Google Firebase’s Terms of Service (https://firebase.google.com/terms/) and Privacy Policy (https://firebase.google.com/support/privacy/).

8.4 Google Firebase saves and stores the following data:

8.4.1 Country, Region

8.4.2 App Version

8.4.3 Gender

8.4.4 Activity / Session

8.4.5 Device

8.4.6 Operating System

8.4.7 Operating System Version

8.4.8 App Open etc.

8.4.9 In-App-Purchases

8.4.10 Click and Movement Behavior in the App (Buttons and Screens)

  1. 9. Personal and other data – when using the app; for bug searches and fixes

    9.1 freshminds uses the bug analysis service provider Bugsnag Inc, 939 Harrison St, San Francisco, CA 94107, USA („Bugsnag“) to find bugs and analyze them – every time the user uses the app. The transmission happens according to the requirements of Art. 46 DSGVO. Bugsnag stores and collects the data and presents the data for freshminds in a dashboard. Bugsnag stores the data in the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) (https://www.bugsnag.com/security/). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Bugsnag. If the user does not want that Bugsnag saves and stores the user’s data, the user should not use the WeBurn App. In order to delete the data saved by freshminds or Bugsnag, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Bugsnag data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Bugsnag’s Terms of Service (https://docs.bugsnag.com/legal/terms-of-service/) and Privacy Policy (https://docs.bugsnag.com/legal/privacy-policy/).

    9.2 Bugsnag saves and stores the following data:

    9.2.1 User ID

    9.2.2 Username

    9.2.3 App Version

    9.2.4 App Build

    9.2.5 Operating System Device

    9.2.6 Operating System Version

    9.2.7 Manufacturer

    9.2.8 Brand

    9.2.9 Model

    9.2.10 Memory Usage

    9.2.11 Foreground/Background Activity

    9.2.12 API-Level

    9.2.13 Battery Level

    9.2.14 Charging Situation

    9.2.15 DPI

    9.2.16 Free Space

    9.2.17 Free Memory

    9.2.18 Total Memory

    9.2.19 Device ID

    9.2.20 Status Jailbroken

    9.2.21 Language

    9.2.22 Geography

    9.2.23 Permission location tracking

    9.2.24 Network (Cell vs. WiFi)

    9.2.25 Orientation (landscape vs. portrait)

    9.2.26 osBuild

    9.2.27 Screen Density

    9.2.28 Screen Resolution

    9.2.29 Timestamp

    9.2.30 Click and Movement Behavior in the App (Buttons and Screens)

    9.3 As a second tool to find and analyze bugs, freshminds uses the tool LogDNA, 236 Castro St unit 201, Mountain View, CA 94041, USA („LogDNA“) – every time the user uses the app. The transmission happens according to the requirements of Art. 46 DSGVO. LogDNA stores and collects the data and presents the data for freshminds in a dashboard. LogDNA stores the data in the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) (https://logdna.com/gdpr-compliance). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to LogDNA. If the user does not want that Facebook saves and stores the user’s data, the user should not use the WeBurn App. In order to delete the data saved by freshminds or LogDNA, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of LogDNA data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in LogDNA’s Terms of Service (https://logdna.com/terms) and Privacy Policy (https://logdna.com/privacy).

    9.4 LogDNA saves and stores the following data:

    9.4.1 All data from 7.2 and 7.3

    9.4.2 App Installation

    9.4.3 App Launch

    9.4.4 Timestamp

    9.4.5 Date and Time of Workout Reminders

    9.4.6 User Messages

    9.4.7 Chosen workout intensity

    9.4.8 Workout Rating Intensity

    9.4.9 Workout Rating General Feeling

    9.4.10 Name of the chosen workouts

    9.4.11 Muscle Group of the chosen workouts

    9.4.12 Calorie burn of the chosen workouts

    9.4.13 Day of the week of the chosen workouts

    9.4.14 Hour of the chosen workouts

    9.4.15 Click and Movement Behavior in the App (Buttons and Screens)

    9.5 All data from LogDNA is archived by using the service “Amazon AWS S3” by Amazon Web Services, Inc., P.O. Box 81226, Seattle, WA, 98108-1226, USA („Amazon“) to have the option to analyze bugs for a longer time. The transmission happens according to the requirements of Art. 46 DSGVO. Amazon stores and collects the data in Europe and the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) (https://aws.amazon.com/de/compliance/gdpr-center and https://eu-west-1.console.aws.amazon.com/console/dpa). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Amazon. If the user does not want that Facebook saves and stores the user’s data, the user should not use the WeBurn App. In order to delete the data saved by freshminds or Amazon, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Amazon data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Amazon’s Terms of Service (https://aws.amazon.com/de/terms/) and Privacy Policy (https://aws.amazon.com/de/privacy/).

  1. 10. Personal and other data – when using the app; for uploading profile pictures

    10.1 To optimize the speed of content shown, to optimize the whole speed of the app and to save images as efficient and structured as possible, freshminds uploads profile pictures uploaded by the user to the picture service provider Cloudinary, 111 W Evelyn Ave, Suite 206, Sunnyvale, CA 94086, USA („Cloudinary“) – every time the user uploads a picture. The transmission happens according to the requirements of Art. 46 DSGVO. Cloudinary stores and collects the data in the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) (https://cloudinary.com/blog/gdpr_the_what_the_when_the_why_and_how_cloudinary_is_preparing_for_day_0). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Cloudinary. If the user does not want that Cloudinary saves and stores the user’s data, the user should not use the WeBurn App. In order to delete the data saved by freshminds or Cloudinary, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Cloudinary data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Cloudinary’s Terms of Service (https://cloudinary.com/tos) and Privacy Policy (https://cloudinary.com/privacy).

    11. Personal and other data – when sharing content

    11.1 If a user shares content via the offered sharing functionality (in particular Facebook, Whatsapp, Snapchat, Twitter, Instagram, but also other sharing possibilities through the "sharing" functionality of the smartphones or via screenshots), the user has to have the right to do that. It is permitted as long as other involved parties have not given the explicit publishing approval. Any user who publishes, uploads or shares content in the App is aware that the content may be shared or stored across different channels and may be stored on servers outside Germany or the European Union. All users should evaluate the Terms of Service and Privacy Policies of the social networks they use.

    12. Personal and other data – when sending e-mails and forms to freshminds

    12.1 In case freshminds receives e-mails from users, freshminds uses G Suite from Google to receive, send and save e-mails and communicate with users. If a users sends a workout feedback to freshminds or wants to delete his or her profile, he or she fills out a Google Form. Both G Suite and Google Forms are products by Google Inc., 1600 Amphiteatre Parkway, Mountain View, CA 94043, USA („Google“). The transmission happens according to the requirements of Art. 46 DSGVO. Google stores and collects the data and presents the data for freshminds in a website. Google stores the data in Europe or the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://admin.google.com/terms/apps/3/1/en/dpa_terms.html). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Google. If the user does not want that Google saves and stores the user’s data, the user should not send e-mails to freshminds. In order to delete the data saved by freshminds or Google, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Google data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Google’s Terms of Service (https://policies.google.com/terms) and Privacy Policy (https://policies.google.com/privacy).

    12.2 Google saves and stores the following data:

    1. 12.2.1 E-Mail-Address

      12.2.2 Shown First and Last Name of E-Mail-Address

      12.2.3 All other data used by the user in the e-mail (e.g. in the signature: first name, last name, address, phone number, etc.)

      12.2.4 Workout Name

      12.2.5 Workout Intensity

      12.2.6 Workout Rating

      12.2.7 User ID

      12.2.8 Username

      12.2.9 App Version

      12.2.10 Device Model

      12.2.11 OS Version

    13. Personal and other data – Personal and other data – in freshminds’ internal communication tools

    13.1 For internal communications (e.g. for bug analysis and solutions), freshminds uses Slack by Slack Technologies Inc., 155 5th Street, 6th floor, San Francisco, CA 94103, USA („Slack“). The transmission happens according to the requirements of Art. 46 DSGVO. Google stores and collects the data and presents the data for freshminds in a website. Slack stores the data in Europe or the USA and is committed to fulfill all of the requirements of EU-DSGVO (EU 2016/679) via its DPA (Data Processing Addendum) (https://slack.com/gdpr and https://slack.com/terms-of-service/data-processing). The user hereby agrees to the saving and storage of his or her data by freshminds and the transmission to Slack. If the user does not want that Slack saves and stores the user’s data, the user should not use the App. In order to delete the data saved by freshminds or Slack, respectively, the user can send an e-mail to hello@joinWeBurn.com anytime (with subject “Deletion of Slack data”; this has to be done independently from the possibility to delete the user’s profile via the offered button in the app). Otherwise, the data will be deleted after the period prescribed by law. Additional information can be found in Slack’s Terms of Service (https://slack.com/terms-of-service/user) and Privacy Policy (https://slack.com/privacy-policy).

    13.2 Slack saves and stores the following data:

    13.2.1 User ID / Username

    13.2.2 First Name

    13.2.3 Time Zone

    13.2.4 Operating System

    13.2.5 Device

    13.2.6 Date Account created

    13.2.7 In-App-Purchases

    13.2.8 E-Mail-Address

    13.2.9 Full Name

    13.2.10 Operating System Version

    13.2.11 App Version

    13.2.12 All other data used by the user in e-mails sent (e.g. in the signature: first name, last name, address, phone number, etc.)

    14. Permissions in the App

    14.1 In the course of the App usage or already when the App is installed, the user is asked whether the App is permitted to access mobile or WLAN data, its camera, its photos and push notifications on the smartphone. These data or accesses are necessary so that the App can communicate with the servers of the WeBurn App and display content to the user. The camera and access to the photos on the smartphone is necessary if the user wants to upload or modify a profile or other image. Push notifications are required to inform the user about workout reminders, etc. If such accesses are not granted, this may result in the use of the App not being possible or only to a limited extent.

    15. Security

    15.1 Access to a user profile is only possible with the user's smartphone. It is therefore important that users keep the access to their smartphone safe.

    15.2 All user data (username, first name, picture, etc.) and content uploaded, published or shared by the user are encoded with SSL technology during the data transmission between App and servers.

    15.3 Technologically, freshminds uses the latest safety standards. Organizationally, the technology is well structured. Regular checks are carried out. However, the transmission of data in the World Wide Web is never perfectly safe, even if freshminds provides content and data with highest security mechanisms. Viruses, Trojans, hacker attacks or other threats through third parties can never be entirely excluded.

    15.4 freshminds is not liable for links to third party websites, services and products in the App or on the Website. freshminds does not take any responsibility for the security and privacy policy of third party websites, services and products. The user should check the third party’s privacy policies.

  1. 16. Miscellaneous provisions

    16.1 Each user can send an e-mail to hello@joinWeBurn.com to get knowledgeable about the personal data stored about him or her as well as correct or delete the data (if legally permitted).

    16.2 Each user can withdraw his or her consent to the future collection, storage and use of his or her personal data, so that no further collection, storage and use of his or her personal data is subsequently made (by e-mail to hello@joinWeBurn.com).

    16.3 Should one or more provisions of this Privacy Policy be or become ineffective, this does not affect the validity of the remaining provisions. In such a case, the non-effective provisions are replaced by provisions which are closest to the intended economic sense of the ineffective provision.

Effective as of: 25 May 2018