Privacy Policy

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”)

1 Introductory words

It is not easy for working people to go to a gym for 1 or 2 hours several times a week. In addition, training in a gym can cause a feeling of insecurity due to the people watching - especially for women. However, it is very important to exercise regularly and thus support your health. With WeBurn, we want to offer people an alternative to lengthy workouts and going to the gym: short but very effective high-intensity interval training (hereinafter "HIIT") using their own body weight.

As with the use of every app, we have a privacy policy that is designed to provide you with a transparent explanation of how and why personal and other data is collected, used and shared when using WeBurn. Please read this privacy policy carefully before using WeBurn.

2 General Information

2.1 Provider

The provider of WeBurn, the WeBurn app, the WeBurn website and all sub-pages (hereinafter referred to as "WeBurn", or "app", or "website") is freshminds GmbH, Borselstr. 20, 22765 Hamburg, Germany, registered under the number HRB 146668 at the Hamburg Amtsgericht. These terms and conditions contain all data protection provisions of freshminds. They regulate, supplemented by the separately provided General Terms and Conditions (hereinafter referred to as "Terms"), everything concerning data protection. However, you must take into account any data protection provisions to be concluded with third parties as part of the WeBurn download process or when using social networks or similar services.

2.2 Requirements for use

Minors are not allowed to register, or only with the express permission of their legal guardian (with the corresponding declaration of consent to these General Terms and Conditions).

2.3 Supplementary conditions

This privacy policy can be adapted or edited by freshminds at any time. The current version of this Privacy Policy can and should be accessed by you via the App's settings at regular intervals.

3 Personal data - general, consent

3.1 Personal data

According to Art. 4 DSGVO, personal data (hereinafter referred to as "personal data") is any information relating to an identified or identifiable natural person.

3.2 Reasons for collection

On the website and in the app, personal data can be collected, stored and processed in various places - whenever you visit the website or use the app, contact freshminds, register, perform actions, etc. The collection is done for two main reasons: First, freshminds wants to fulfill its contractual obligations towards you (see also Terms and Conditions) - so that you get what freshminds promises. Second, the survey is necessary if freshminds is to learn from the users' behaviour, to make the app as error-free, user-friendly and simple as possible for all users and to continuously improve it for the users.

3.3 Storage of personal data

You expressly agree to the collection, processing and use of your personal data for the purpose of implementing the user contract (see General Terms and Conditions) and in accordance with the present data protection regulations. You are aware of and agree that your personal data listed in section 4 onwards may be stored and/or processed on data carriers of freshminds or by the third party providers listed in section 4 onwards.

3.4 No sale of personal data

Personal data will not be sold by freshminds, will only be used for the purposes set forth in these terms and conditions and will only be stored as long as necessary or required by law. freshminds will process all personal data made available only within the scope of these data protection provisions and the separately accessible general terms and conditions.

4 Personal and other data when using the stores and downloading the app

In the download process of the App Store and Google Play Store (hereinafter referred to as "Stores"), data such as your Device ID, product page views, click behavior, download processes, in-app purchases, etc. are stored by Apple and Google for statistical and analytical purposes. The stores may also store this data outside the European Union or Germany (including in the USA). If you do not wish the third party provider to store the data provided, you should refrain from using the stores or downloading apps. Please refer to the terms and conditions and privacy policy of Apple or Google.

5 Personal and other data when using the app in the database

Once you have decided to download the app, you can and may only register if you agree to this Privacy Policy and Terms and Conditions. If you do so, it is necessary to collect, store and use additional data in order to create a new customer account (hereinafter "Account"), to enable you to use the App with all interaction possibilities, to identify yourself, to provide a technically smooth environment, to integrate you into the community, to analyze and improve the App, to send you messages or similar (via in-app message or push message) and to provide you with the best possible App experience.

Registration is completed when you complete the app intro and agree to this Privacy Policy and Terms and Conditions. You may then optionally and voluntarily enter the following information into the app:

  • Name (to have a unique name),
  • Profile photo (to personalize the app experience),
  • Fitness data - for example weight, height and age (to better calculate your calories burned).

All data is then stored in the freshminds database. Additionally, freshminds stores the following data of you in the database:

  • User Id (for identification)
  • Creation date (for analysis purposes)
  • Last app start (for analysis purposes)
  • App version (for analysis purposes)
  • OS version (for analysis purposes)
  • Device name (for analysis purposes)
  • Instrument class year (for analysis purposes)
  • Language (for analysis and support purposes)
  • Region (for analysis and support purposes)
  • Time zone (for analysis and support purposes)
  • Subscription transaction details (for support purposes)
  • Membership status (for providing app content)
  • Workout favorites (for personalization of app content)
  • Workout history (for personalization of app content)
  • Heart rate per workout (for personalization of app content)

freshminds uses the Cloud Firestore product from Google LLC (formerly known as Google Inc., hereinafter "Google") located in

1600 Amphitheatre Parkway
Mountain View, CA 94043
USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. Google stores or processes the data and prepares them for freshminds in a web interface. Google stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA: https://firebase.google.com/terms/data-processing-terms

You can customize your name, profile photo and fitness data at any time.

You agree to the data collection by freshminds and the transmission to Google. If you do not want the third party provider to store the data you provide, you must refrain from using the app.

To have your data deleted from the database by freshminds or Google, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Delete my data in the Google Firestore"). If this is not done, the data will be deleted at the latest after the legally required retention periods. Reference is made to the general terms and conditions and data protection regulations of Google Firebase:

General terms and conditions: https://firebase.google.com/terms Privacy policy: https://firebase.google.com/support/privacy

6 Personal and other data when using the app; for statistical and analysis purposes

freshminds uses the product Firebase Analytics of Google LLC (formerly known as Google Inc., hereinafter "Google") based in

1600 Amphitheatre Parkway
Mountain View, CA 94043
USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. Google stores or processes the data and prepares them for freshminds in a web interface. Google stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA: https://firebase.google.com/terms/data-processing-terms

You consent to the collection of data by freshminds and its transfer to Google. If you do not want the third party provider to store the data provided, you must refrain from using the app.

To have your data deleted from the database by freshminds or Google, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Deletion of my data at Google Firebase Analytics"). If this does not take place, the data will be deleted at the latest after the legally required retention periods. Reference is made to the general terms and conditions and data protection regulations of Google Firebase:

General terms and conditions: https://firebase.google.com/terms Privacy policy: https://firebase.google.com/support/privacy

The data, which is saved by Google with Firebase Analytics by default and prepared for analysis, if desired by freshminds, can be viewed at the following link: https://support.google.com/firebase/answer/6318039

In addition, freshminds stores and analyses the following additional data with the help of Firebase Analytics:

  • Activation and deactivation of Apple Health/Google Fit
  • Connection with App Store / Google Play Store
  • Specification of whether profile picture was stored
  • Motion behavior in the app
  • Start and end of a workflow
  • Favorite Workouts
  • Forwarding the App
  • Evaluation of the app
  • In-App purchase
  • All data from section 5

7 Personal and other data when using the app in the area of troubleshooting

freshminds uses the product Firebase Crashlytics from Google LLC (formerly known as Google Inc., hereinafter "Google") based in

1600 Amphitheatre Parkway
Mountain View, CA 94043
USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. Google stores or processes the data and prepares them for freshminds in a web interface. Google stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA: https://firebase.google.com/terms/data-processing-terms

You consent to the collection of data by freshminds and its transfer to Google. If you do not want the third party provider to store the data provided, you must refrain from using the app.

To have your data deleted from the database by freshminds or Google, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Deletion of my data at Google Firebase Crashlytics"). If this does not take place, the data will be deleted at the latest after the legally required retention periods. Reference is made to the general terms and conditions and data protection regulations of Google Firebase:

General terms and conditions: https://firebase.google.com/terms Privacy policy: https://firebase.google.com/support/privacy

The data, which is stored by Google and processed for analysis, can be viewed under the following link: https://docs.fabric.io/apple/fabric/data-privacy.html#identifiable-data-collected

In addition, freshminds stores and analyses the following additional data with the help of Firebase Crashlytics:

  • All data from section 5
  • All data from section 6

8 Personal and other data when using the app in the in-app purchase area

freshminds uses the product RevenueCat from Revenue Cat, Inc. for the management and analysis of in-app purchases. (hereinafter "RevenueCat") with headquarters in

633 Tarava St. Suite 101, San Francisco, CA 94116 USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. RevenueCat stores or processes the data and prepares them for freshminds in a web interface. RevenueCat stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA: https://www.revenuecat.com/dpa

You agree to the collection of data by freshminds and the transfer to RevenueCat. If you do not want the third party provider to store the data provided, you must refrain from using the app.

To have your data deleted from the database of freshminds or RevenueCat, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Deletion of my data at RevenueCat"). If you do not do so, the data will be deleted at the latest after the legally required retention periods. Please refer to the General Terms and Conditions and Privacy Policy of RevenueCat:

General Terms and Conditions: https://www.revenuecat.com/terms Privacy policy: https://www.revenuecat.com/privacy

The data, which is stored and processed by RevenueCat for analysis, can be viewed at the following link: https://www.revenuecat.com/dpa

In addition, freshminds stores and analyses the following additional data with the help of RevenueCat:

  • All data from section 5
  • All data from section 6

9 Personal and other data when sharing content

If you share content using one of the app's built-in features (especially via Facebook, Whatsapp, Snapchat, Twitter, Instagram, but also via other providers or via the "share" feature of smartphones or via a screenshot), you are allowed to do so, provided that the parties involved have agreed to the publication.

Every sharing and agreeing user who publishes, uploads or shares content in the app or agrees to it, is aware that the content can be shared or stored via different channels and therefore may be stored on servers outside of Germany or the European Union. You should check the terms and conditions and privacy policies of the providers used separately.

10 Personal and other data when sending e-mails to freshminds

freshminds uses the G Suite product from Google LLC (formerly known as Google Inc., hereinafter "Google") based in

1600 Amphitheatre Parkway
Mountain View, CA 94043
USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. Google stores or processes the data and prepares them for freshminds in a web interface. Google stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA: https://admin.google.com/terms/apps/3/1/en/dpa_terms.html

You consent to the collection of data by freshminds and its transfer to Google. If you do not want the third party provider to store your data, you are not allowed to send emails to freshminds. To have your own data deleted by freshminds or Google, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Delete data app at G Suite"). If you do not do so, the data will be deleted at the latest after the legally required retention periods. Please refer to Google's terms and conditions and privacy policy:

General Terms and Conditions: https://policies.google.com/terms Privacy policy: https://policies.google.com/privacy

The information that Google stores is the following:

  • email address
  • Display first and last name of e-mail address
  • user id
  • App version
  • All other information provided by the user himself (e.g. in a signature), such as first name, last name, address, telephone number

11 Personal and other data in internal freshminds communication tools

For internal company communication (used e.g. for troubleshooting) freshminds uses the product Slack from Slack Technologies Inc. (hereinafter "Slack") based in

155 5th Street, Sixth floor, San Francisco, CA 94103, USA.

The transmission is carried out in accordance with the provisions of Art. 46 DSGVO. Slack stores or processes the data and prepares them for freshminds in a software. Slack stores the data in the USA or Europe and is subject to the EU-DSGVO (EU 2016/679) via DPA:

https://slack.com/intl/de-de/gdpr https://slack.com/intl/de-de/terms-of-service/data-processing

You agree to the data collection by freshminds and the transmission to Slack. If you do not want the third party provider to store the data you provide, you may not use the app. To have your own data deleted by freshminds or Slack, you can request this at any time by sending an email to hello@joinweburn.com (with the note "Deletion of data app at Slack"). If this does not take place, the data will be deleted at the latest after the legally required retention periods.

We refer to the general terms and conditions and privacy policy of Slack:

General terms and conditions: https://slack.com/intl/de-de/terms-of-service Privacy policy: https://slack.com/intl/de-de/privacy-policy

The data stored by Slack are the following:

  • User ID / Username
  • First name
  • Time zone,
  • Operating system
  • Device
  • Creation date
  • App purchases
  • E-mail address
  • Name and surname
  • Operating system version
  • app version
  • all other information you provide in emails to freshminds (e.g. in a signature) such as first name, last name, address or telephone number.

12 permissions in the app

As you use the app, or when you install the app, you'll be asked if you want to allow the app to access mobile or wireless data, your camera, photos on your phone, and push notifications. This information is necessary for the app to communicate with the app's servers and display content. The camera and access to the photos on your phone is necessary if you want to upload or change a profile or other picture. Push notifications are necessary to send you reminders to start, stop and other information regarding the app. If such access to the app is not permitted, this may result in the app not being able to be used, or only to a very limited extent.

13 Security

13.1 Access exclusively via Smartphone

Access to your account is basically only possible with your own smartphone. It is therefore important that you keep access to your smartphone secret.

13.2 No absolute data security

All content published, uploaded and shared by you in the app, as well as your personal data (username, first name, etc.) is transferred between the app and the server using SSL encryption. However, the transmission of data on the internet is never completely secure, even though freshminds protects content and data with the highest security mechanisms. freshminds therefore does not assume any liability for the security of the content and data.

13.3 Links to third parties

With regard to links in the App or on the website www.joinweburn.com to third party websites, all responsibility for security and compliance with data protection is waived. The data protection regulations of the respective third party are to be viewed and checked here.

14 Other provisions

14.1 Information, correction and deletion of personal data

You can inform yourself about your stored personal data, have it corrected or deleted (to the extent permitted by law) by e-mail to hello@joinweburn.com.

14.2 Withdraw consent

You can withdraw your consent to the future collection, storage and use of your personal data by sending an e-mail to hello@joinweburn.com so that no further collection, storage and use of your personal data takes place.

14.3 Severability clause

Should one or more provisions of these data protection provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. Ineffective provisions shall be replaced by provisions which come as close as possible to the intended economic purpose of the ineffective provision.

Effective as of: June 10, 2020