Updated: 23 Decemver 2020
This privacy statement is applicable to the services of Fitmo International B.V. (hereafter to be referred to as ‘Fitmo’) for clients or users and applies to its website and platforms.
Fitmo may process Personal Data. Fitmo will be qualified as a Controller, as defined in the General Data Protection Regulation (GDPR).
Personal Data is every piece of information, or a collection of information, which identifies to a person or makes a person identifiable. A few of the most common examples are name, address or phone number.
In light of our services, Fitmo collects Personal Data. This Personal Data is usually provided by users of our services. By signing up and creating an account, they have the possibility to use the app Fitmo has developed and as such, they provide us with the following information: name, email, phone number, date of birth, age, payment information and general account information. We solely collect such personal data in light of our agreement with clients, to provide our services to our clients and to execute our contractual obligations. Fitmo needs this information in order to communicate with clients regarding our contractual relationship, changes to our services, in order to provide support regarding our services and for example to determine the type of service package users have within our app.
In light of our services, Fitmo also collects sensitive personal data. Sensitive data is data which poses a higher risk for data subjects (the individual who is identified by the personal data). The sensitive personal data Fitmo processes consists of their fitness data, which qualifies as medical data. Fitmo collects information regarding your weight, tracks your progress, activities, muscle development, nutrition information etc. We might also obtain sensitive personal data of third persons because users connect third party apps (such as Fitbit) to the Fitmo app. Data collected through connected third party apps are combined with the data we collect through our own application, to ensure that you have your latest results and progress in one place and to provide you with fitting activities and support based on this information. Since these data are considered sensitive, Fitmo is required to handle this personal data with more caution than regular personal data. As such, Fitmo only processes sensitive personal data with users’ explicit consent to the processing. Sensitive data is necessary in order for Fitmo to enable users to use our services. As such, if a user does not want their sensitive personal data to be processed, Fitmo will be unable to provide their services as an Health and Fitness application.
The Fitmo app offers the possibility of in-app communication with a coach; we do not monitor these communications but store them on our servers. These communications, as well as any photos or videos which might have been exchanged are mostly stored in case of a legal conflict and to ensure that Fitmo can exercise quality control regarding the activities of a coach.
Furthermore, we collect information on the use of the applications by users in order to monitor errors within our systems and provide solutions, as well as to continuously update and optimize our applications for better user experience. As such, it is possible to place feedback on activities and coaches within the app.
On our website, we collect information when website users make use of contact forms or sign up for a Fitmo subscription. A browser automatically sends the data to our systems. This data is required in order to enable and follow up with questions of users and to allow users to sign up to our services.
Storage and Receivers
Fitmo stores the processed Personal Data for as long as an agreement with our client is active and/or they use our services. Communication threads might be anonymized if this is possible. Since Fitmo offers services as a Health and Fitness app, we find it important that users can look back into their past progress for the duration of the services.
Upon expiration or termination of an agreement, Fitmo will store personal data relating to contact information, communications and contractual relationships with our clients for an additional 5 years in light of our internal business administration as required by law, or in order to settle a claim or dispute. Fitmo stores personal data for a duration of 7 years, if personal data is related to our financial administration, since we are then required by law to maintain this retention term. Inactive accounts and the associated personal data, with the exception of the above mention cases, will be deleted after a period of 2 years.
Furthermore, Fitmo uses certain third parties in order to provide their services. As such we use third parties in order to monitor errors and bugs in our applications and websites, to provide security in our applications and websites and of course to host our services. These third parties are contractually bound to Fitmo and if this is required, Fitmo concludes a Data Processing Agreement with these parties.
All of the data we collect is stored in our app and on servers in the US (eastern region). Fitmo always assesses whether our third parties are compliant with GDPR standards and enters into binding agreements with them to enforce strict and clear requirements to ensure that our transfer is legitimate.
When users make use of Fitmo through their employer, we might send statistical aggregated information to their employers regarding the use of the app by their employees. Fitmo ensures that a user may NEVER be identified by an employer through the personal data or even a collection of data. In the event that a user (or employee) might possibly be identified, Fitmo shall remove any possible indicators or distinctions.
Furthermore, Fitmo might use analytical and/or tracking cookies. These will be explained below as well as the purpose for which we need them.
In our application, we make use of Google Analytics. This is used in order to gain an understanding on how the website is used and collects IP addresses.
For optional (tracking and analytical) cookies, Fitmo will ask for permission. If a visitor no longer wishes for Fitmo to collect their cookies, they can adjust their browser settings and revoke their permission. As a result the visitor will receive the cookie notification anew, the next time they visit the website. Please keep in mind that by not allowing the cookies, some parts of the website or application might not be fully functional.
Rights of Data Subjects
As a data subject, and owner of the personal data, persons have certain rights. Data Subjects have the right to information and the right to access the Personal Data we collect. In some cases they have the right to restrict processing of their Personal Data or to request to be forgotten entirely. Data Subjects can send their questions and requests regarding privacy to email@example.com .