The updates under the new EU General Data Protection Regulation (GDPR) will apply from 25 May 2018 and:
- make it easy to understand what data we collect and how we use it
- give you more control over your data
- and show you all the details of your rights as a user.
1. We, the team of Ewalia, (data see imprint), email address: email@example.com, process your personal data when you use our Ewalia APP or Website. The processing of your personal data takes place in accordance with the General Data Protection Regulation ("GDPR") and the Austrian Data Protection Act in its current version.
2. In this
information about us, the nature, scope and purpose of the collection
and use of the data and provide you with insights into the processing of
your personal information.
2. RESPONSIBLE ENTITY
1. Responsible entity. The entity responsible for the data processing is Ewalia. You can reach us by email under the email address firstname.lastname@example.org.
2. Data Protection Officer. Our data
protection officer can be reached at the email address
email@example.com. If you have any questions about the processing of
your personal information, you can contact him at any time.
3. WHAT DATA WE COLLECT AND PROCESS
Ewalia processes personally identifiable information you provide to us as a user of the products, such as: through the use of our products and those provided to us by others ("data").
2. Data that you provide to us.
Mandatory information: You must provide us with certain information to register with us:
- Email address and phone number
- First name and last name
- Date of birth (optional)
- Residential address (optional)
- Delivery address (optional)
Payment and subscription information. We use payment providers (e.g. credit card, Sofort, Vorkasse, PayPal, Klarna) to process payments. Although we do not store any credit card information ourselves, we register a Payment ID that is assigned by and can be assigned by a particular person, as well as the duration of your subscription, the price, the currency, VAT (based on country information) and payment provider.
3. Service Terms
Google Analytics for mobile phones
General. For apps on iOS and Android we use Google Analytics for Mobile from Google. The user data will be sent to Google in anonymous form. Our apps use IDs for mobile devices, such as the Google Advertising ID ("GAID") and the ID for Advertising for iOS ("IDFA"), as well as technologies similar to cookies for using Google Analytics for mobile phones.
Purpose. We use Google Analytics to analyse and constantly improve the use of our products. The statistics enable us to improve our services and make them more interesting to our users. In special cases where personal information is transferred to the US, Google will be certified by the EU-US Privacy Shield. The basis for the data processing are our legitimate interests.
Conversion measurement with the Facebook visitor action pixel
Within our website we use the "visitor action pixel" of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. It allows us to track users' actions and track the effectiveness of Facebook's market research ads after you've seen or clicked on a Facebook ad. The data collected in this way is anonymous to us. We do not see the personal data of individual users. However, the data is stored and processed by Facebook, about which we inform you accordingly. Facebook can connect the data to their Facebook account and also use it for their own advertising purposes, according to Facebook's data usage policy. See Facebook privacy You can enable Facebook and its affiliates to display ads on and off Facebook. It can usually be a cookie stored on your computer. This consent may only be declared by users older than 13 years old. If you are younger, we ask that you ask your guardians for advice.
Google DoubleClick for Publishers
The Rocket Science Group
For the automated sending of newsletters, we use the services of The Rocket Science Group, LLC (675 Ponce de Leon Avenue NE Suite 5000 Atlanta, GA 30308 USA). In this way we can send you newsletters at certain intervals. With each newsletter from us you have the option to click on the link "permanently unsubscribe" in the footer ("at the bottom of the email"), and delete your data there.
4. Cookies and similar technologies.
5.1. General. Several sections of the EWALIA pages and their partners use "cookies", i.e. small text files stored on your computer and in your browser. These are used by EWALIA and its partners to provide a more user-friendly, effective and secure service. Cookies also allow EWALIA and its partners to identify the browser used and to make certain offers to the user. Cookies do not contain any information that can traced to individuals.
5.2. Installation. The user has the option at any
in the settings of the browser. However, it should be noted that the
elimination of cookies may reduce the scope of the services or may
adversely affect the use of the services on the ewalia.at platform.
Ewalia products contain plug-ins to social media like (i) Facebook; (ii) Google+, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA and (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, CA 94041, USA.
These plug-ins can be used to
collect the user's IP address and the page the user has accessed on the
ewalia.at website, and they may set up a cookie for the feature to
function properly. Some apps may use third-party features (such as
Facebook) through the third-party software development kit (SDK) that
can process general device information (such as device ID, etc.). Social
media plug-ins and widgets are either hosted by third parties or hosted
directly on our websites. User interaction with these features is
basis for data processing through plug-ins are our legitimate interests.
EWALIA IS NOT RESPONSIBLE FOR THE GUIDELINES AND PRACTICES OF COLLECTION, USE, DISCLOSURE, INCLUDING PRACTICES, OF THIRD PARTIES.
Users can recognise the respective plug-ins of third parties, e.g. by the respective logo or other features typical of the respective social media platform on our website. By using a plug-in, for example by clicking on the "Like" button or entering a comment while users are logged into the social media account of Facebook, Google+ or Twitter, users connect the content of the Ewalia pages with their respective social media profile. In this way, Facebook / Google + / Twitter may link the visit to the Ewalia site or the use of Ewalia products to the social media account of a particular user. As a provider of the products, Ewalia knows neither the content of the data transmitted nor the way in which such data is used by Facebook, Google+ or Twitter. More information for the data transfer of the respective social media platform can be found on the following pages:
If the user wants to prevent the corresponding social media platform from connecting the visits of the Ewalia page with the social media account, users have to log out of the corresponding social media account.
Do Not Track signals
The products do not detect or respond to browser-initiated Do Not Track signals. You can learn more about Do Not Track signals at https://allaboutdnt.com.
5. Device and location information.
When you visit or leave our products, we receive:
- the URL of the website you're coming from and the ones you're about to call up, the date and time stamp, and the time zone
- IP address, access status / HTTP status code
- quantity of data transferred
- proxy server, operating system, web browser (including language and version of browser software) and add-ons
- device ID and properties
- ISP or your mobile service provider and / or
- GPS information or other phone-related location information (e.g. via Wi-Fi or Bluetooth), according to your explicit consent
4. WHY WE PROCESS DATA ("PURPOSES")
1. Operation of the products
We process your data to enable you to use the products without problems.
Customer support. To investigate, respond to your requests and resolve complaints and service issues, e.g. to contact you about a question you have asked our customer service team.
2. Business needs
We process your data to meet our business requirements.
Performance. We process data to track, analyse and improve the use, performance and functionality of our products, as well as to protect the security or integrity of our products. For example, we analyse user behaviour and research how you use our products.
Research and development. We process data, including user feedback, to conduct research for the further development of our products, to provide you and others with a better, more intuitive and personalised experience and to drive user growth and engagement with our products.
General marketing. We process data to provide you with (customised) marketing materials via Ewalia products and online services.
Email/push marketing. With your express permission, we will send you marketing emails or push notifications with information on various animal themes.
We'd like to point out that we rate your user behaviour when reading emails by using so-called web beacons or tracking pixels. The information created in this way will then be linked to the information collected in 3.6, your email address and an individual ID. With this merged information, we can create a user profile for the purpose of personalising our marketing emails / push messages. We collect data about when you read our emails or which links you click, and combine them with your interactions with the product. We store and use your information for email marketing or marketing on the Ewalia website. You may revoke your consent to marketing emails and push notifications at any time by clicking on the link at the bottom of the email.
3. Compliance and enforcement.
Compliance with regulations. We process your data to fulfil our obligations and in accordance with all applicable laws and regulations.
5. TRANSFER OF PERSONAL DATA
We transfer data to third parties
- if this is necessary for the purposes described above,
- if requested by a national authority,
- on the basis of a legal judgement,
- when required by law,
- if necessary to defend ourselves against any claims or allegations of third parties,
- to exercise or protect the rights and safety of Ewalia, our members, personnel or employees,
- if you (expressly) agreed to it previously
endeavour to inform you about legal claims regarding your data if we
think it appropriate, unless we're prohibited by law or court order, or
an emergency, from doing so. We can challenge such claims if we believe
that they are exaggerated, vague or inadequate.
2. Service providers and other services provided by third parties.
Service providers. We share your information with third parties who assist us in providing and improving our products (such as maintenance, analysis, audit, payments, fraud detection, marketing and development). Service providers have access to your information as required to perform these tasks on our behalf and are under an obligation not to disclose or use them for any other purpose. We use order processors such as Timely, The Rocket Science Group, Adjust, Google, Facebook, Amazon Web Services, Inc., Emarsys eMarketing Systems AG, Pushwoosh, Inc., NewRelic, Inc., Apptimize, Inc. or Zendesk, Inc.
6. HOW LONG WE STORE DATA FOR
1. Retention period. We store your data for as long as you are a registered user of the products. In addition, we only store data if required by law (due to warranty, statute of limitations or retention periods) or otherwise.
2. Deleting your Ewalia webshop account. You can send us an email to firstname.lastname@example.org instructing us to delete all your data. This email will also be forwarded to those third party providers we have described above with the request to delete your data.
3. Deleting newsletter and sweepstakes data With each newsletter from us you have the option of clicking on the link "permanently delete" in the footer ("at the bottom of the email") in order to delete your data there.
An instruction to delete has no effect on the data if the storage is legally necessary, e.g. for billing purposes.
7. YOUR RIGHTS
1. Exercising your rights. To exercise your rights under paragraphs 7.2 to 7.8, you may send a request by email to the email address or by post to our postal address.
2. Revocation of consent. You can revoke your consent - in those cases in which the consent for the processing is required - at any time with effect for the future. The lawfulness of the data processing on the basis of the consent before the revocation remains unaffected. In certain cases, we may process your information after you revoke your consent, if we have a different legal basis for this, or when your revocation was limited to certain processing activities.
3. Right to information. You have the right to (i) receive a confirmation as to whether or not your data will be processed by us, and, if so, (ii) obtain more accurate information about the data. The more specific information includes, but is not limited to, processing purposes, data categories, potential recipients, or duration of storage.
4. Right to correction. You have the right to have inaccurate data about you corrected. If the data processed by us is not correct, we will correct it immediately and inform you about this correction. Note that (i) you can correct many of your data in settings and (ii) we are technically unable to correct all types of data in our product.
5. Right to deletion. You have the right to delete the data we store about you. You can send us an email to email@example.com instructing us to delete all your data. This email will also be forwarded to those third party providers we have described above with the request to delete your data. Please note that data may still be stored on your mobile phone after your account has been deleted.
6. Right of restriction of processing. In the following cases, you have the right to restrict us from processing your data:
- You make a request in accordance with paragraph 7.4, if you wish.
- You believe that the processing of your data is unlawful, but you do not want to delete it.
- You need the data to justify, exercise or defend yourself against legal claims.
- Or you have objected to the processing according to paragraph 7.8.
7. Right to data transfer. You have the right to (i) obtain a copy of your data in a structured, common and machine-readable format and (ii) transmit such information freely from us to another responsible entity. You can download a copy of your data in your settings on the website.
8. Right to objection. You have the right to object at any time to the processing of any data of which the legal basis is our legitimate interests, including the creation of profiles on the basis of these terms. You also have the right to object to the processing of data for direct marketing purposes.
9. Right to lodge a complaint. You have the right to lodge a complaint with your local regulatory authority if you believe the data processing is in violation of applicable law.
8. OTHER IMPORTANT INFORMATION
1. Legal bases. The data protection laws stipulate that we may only collect and process your data if we have the legal basis for this processing. The lawfulness of the data processing results from:
- your (explicit) consent in cases where you have (explicitly) consented to the processing
- the need to fulfil your contract of use, e.g., when data is needed for satisfactory use of the product
Our legitimate interests include protecting you, protecting Ewalia or others from security threats or fraud, complying with all applicable laws, managing and improving our business (e.g. customer service, reporting), including potential corporate transactions (such as mergers and acquisitions ) that allow users to share their fitness experiences, socialise, and express all opinions on fitness and health.
2. Security measures. We are committed to protecting your information and taking appropriate technical and organisational security measures to protect it against unauthorised or unlawful processing and accidental loss, destruction or damage. These security measures are constantly adapted to the latest technological developments.
2. Material changes. If we make any material changes, we will notify you directly in our products or otherwise (e.g. by email) to give you the opportunity to review the changes before they take effect. If your consent is required, we will ask for it before the changes take effect.