Information pursuant to Section 5 of the German Telemedia Act (Telemediengesetz [TMG])
13053 Berlin, Germany
13053 Berlin, Germany
Telephone: +49 176 60870600
The European Commission provides a platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr.
You can find our email address above in the legal notice.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Berlin, October 2020
a) The data controller responsible for compliance with the General Data Protection Regulation (GDPR) and other national data protection laws of the EU Member States, as well as other data protection regulations, is the contact found in the legal notice.
b) Below, we provide information on the collection of personal data when using our app. Personal data is any data that personally refers to you, e.g. your name, address, email addresses and user behaviour.
c) When you download the app, the required information is sent to the App Store (iOS app), in particular your username, email address, account number, date and time of download, payment information, and the individual device code. We have no influence on this data collection through the App Store and are not responsible for it. We process the data only to the extent necessary for you to download the mobile app to your mobile device.
d) We only collect and use our users’ personal data to the extent necessary to provide our content and services and to provide a functional, user-oriented app, as well as to provide our content and services, and to advertise them in a targeted manner.
e) We regularly collect and use our users’ personal data on the basis of our legitimate interest. In other cases, this data processing is based on what is permitted by the legal provisions, or on the basis of the user’s consent. As such, the legal basis for processing is usually Article 6 Paragraph 1(f) GDPR (legitimate interest) or Article 6 Paragraph 1(a) GDPR (your consent).
f) Your personal data is generally erased or blocked as described here once the purpose for its storage no longer applies. We may continue to store your data if this is required by European or national law as part of EU directives, laws or other provisions to which the data controller is subject. Data is also blocked or erased when a legally required retention period expires unless further storage of the data is necessary to conclude or execute a contract.
b) When downloading the app, these platforms collect information, including personal data.
c) We only receive anonymised data from these platforms. We use this data to optimise sales of the app.
d) In addition, users have the option to rate the app on the platforms and submit a written review. We can see these reviews in the public areas of the platform.
e) We have the option of publicly commenting on the ratings on the platform in question.
The data generated about your fitness training when you use the app is only collected and stored on your device. Under no circumstances is this data sent to us.
a) When you contact us by email, we will store the data you provide (your email address, and if applicable your name and telephone number) in order to respond to your query.
b) We process the personal data you provide when you contact us solely to contact you as requested. This represents our legitimate interest, which is required to process your data. The legal basis for processing data we receive when you send us an email is Article 6 Paragraph 1(f) GDPR (legitimate interest). If you email us with the intention of entering into contract with us, this creates an additional legal basis for its processing under Article 6 Paragraph 1(b) GDPR (contract).
c) Data is erased once it is no longer required to achieve the purpose for which it was collected. Data will be erased after two (2) years at the latest. For personal data sent by email, data is erased once the specific conversation with the user has ended. The conversation is considered to have ended if the circumstances indicate that the matter in question has been conclusively resolved.
d) If you contact us by email, you may object to your personal data being stored at any time. In this case, however, we will be unable to continue our conversation with you.
e) Any and all personal data stored as part of the contact process is erased in this case.
In addition to the rights to revoke your consent and object to data processing (see Section 4) as stated above, you are also entitled to the following rights relating to your personal data under the provisions of the GDPR with us as the data controller:
You also have the right to lodge a complaint with a data protection supervisory authority concerning our company’s processing of your personal data.
Berlin, October 2020
1.1. We (hereinafter referred to as the “Provider”) operate the HeroForFun app to provide users with technical support for individual exercise and training programmes. The services rendered by the Provider do not constitute advice and do not include any assessment of the user’s physical capacity.
1.2. These Terms and Conditions of Use shall apply to any and all content and services made available to the user by the Provider. They apply in the version valid at such time as the user uses the service, as amended from time to time. When downloading the app, the user confirms that he/she has read and understood these Terms and Conditions of Use and the Privacy Notice and agrees to the same.
1.3. The Provider’s services are reserved for persons aged 17 or older.
1.4. The Provider reserves the right to amend, supplement or remove information provided through its services without prior notice. It furthermore reserves the right to block, amend, supplement or remove websites, apps and social media platforms, etc., in whole or in part, or to cease publication temporarily or permanently.
2.1. The content published through the Provider’s services is legally protected as software, products, brands, images, etc., and their use or exploitation is not permitted without obtaining the consent of the person or party that holds those rights. Unless exceptions are made by law, only personal, non-commercial use within the scope of the intended purpose of the services is permitted.
2.2. Where a violation of industrial property rights or other third-party rights is suspected, this may be reported to the Provider. Such reported content shall be reviewed by the Provider within an appropriate period of time and, if necessary, permanently removed from the service.
2.3. The Provider shall undertake to comply with the applicable data protection provisions, in particular 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, and repealing Directive 95/46/EC (General Data Protection Regulation [GDPR]), the German Federal Data Protection Act (Bundesdatenschutzgesetz [BDSG]) and the German Telemedia Act (Telemediengesetz [TMG]). It shall further undertake to process any personal data provided by the user through the service in compliance with the above provisions as well as those of our Privacy Notice.
3.1. The Provider shall endeavour to ensure the proper functioning of the service, but is not liable for the continuous usability and/or availability of the service. It offers no warranty in this respect and is not liable for delays caused by technical issues, interruptions or outages.
3.2. In the case of contractual or non-contractual claims, the Provider is only liable for damages caused by intentional or grossly negligent actions as well as for damages resulting from slightly negligent breaches of those obligations that make the proper execution of an existing contract with the user concerned possible in the first place and on whose fulfilment the contractual partner may therefore rely (cardinal obligations). In the latter case, liability shall be limited to the typical contractual damage foreseeable at such time as the contract is concluded. The above limitations of liability shall not apply in the event of injury to life, limb or health, within the scope of the German Product Liability Act (Produkthaftungsgesetz [ProdHG]) and in the event of the assumption of express guarantees.
3.3. The Provider shall assume no liability for technical malfunctions not attributable to the Provider’s sphere of responsibility, nor shall it be held liable for damage attributable to force majeure. In this respect, the Provider is not liable for damages caused by viruses or other harmful data introduced by users or other third parties when using the services.
4.1. The Provider reserves the right to amend these Terms and Conditions.
4.2. Any and all legal relationships between the Provider and the user shall be exclusively subject to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Sentence 1 shall only apply to consumers if and insofar as the choice of law does not undermine the protection of mandatory legal provisions in the country in which the consumer is habitually resident.
4.3. The European Commission provides a platform for online dispute resolution (ODR) at: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4.4. If the user is a merchant, a legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for any and all disputes arising under this Contract shall be the registered headquarters of the Provider. The same shall apply if the user has no general jurisdiction in Germany or its domicile or habitual residence is unknown at such time as legal action is pursued.
4.5. Should individual provisions of this Contract be or become legally ineffective or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the relevant statutory provision.
Berlin, October 2020