Effective as of March 1, 2021
When you use any part of the Clottech Service, including by browsing a Clottech Site, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Policy.
This Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications that you elect to access in connection with the Clottech Service, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those third party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third party services. We encourage you to carefully review the privacy policies of any third party services that you access.
1. PERSONAL INFORMATION WE COLLECT
Personal information you provide to us.Personal information you may provide to us when you use the Clottech Service or otherwise includes:
• Contact datasuch as your name, email address, mailing address and phone number.
• Profile datathat you provide when you register for or update your account on the Clottech Service, such as your username and password, home city or town, age, profile image, height, weight, injuries and/or limitations, equipment you own, activity preferences, followers and workout ratings.
• Fitness and performance datasuch as heart rate data gathered by the Clottech classes taken, fitness performance history, workout history and details and additional fitness information that you choose to link to or share with us through the Clottech Service.
• Financial datasuch as your credit card number and/or other related information that may be required from you to complete your purchase.
• Purchase datasuch as order history and information about the transactions you have completed with us.
Automatic Collection.We, our service providers and our third party partners may automatically log information about you, your computer or mobile device, and your activity over time on the Clottech Service and other online services, including:
• Online activity datasuch as the date and time of your access, visit or use of the Clottech Service, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, searches you conduct on our Site and information about your activity on a page or screen.
• Device datasuch as unique device identifier, media access control address, network information, hardware model, browser type, screen resolution, IP address as well as usage and traffic data and information about how the device interacts with the Clottech Service.
Cookies and Similar TechnologiesThe following cookies and similar technologies may be used to facilitate automatic data collection:
• Cookieswhich are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of tracking user activity and patterns, helping you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.
Service deliveryWe may use your personal information to:
• provide, deliver, and customize your use of the Clottech Service (i.e., to provide feedback on your workouts);
• provide you with the Clottech Service and any products that you purchase from us;
• to enhance or supplement the Clottech Service;
• to communicate with you about the Clottech Service, including regarding the status of any orders of the Clottech Service and to respond to your inquiries, including for customer support;
• understand your needs and interests, and personalize your experience with the Clottech Service and our communications; and
• provide support and maintenance for the Clottech Service.
Research and developmentWe may use your personal information for research and development purposes, including to analyze and improve the Clottech Product, Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Clottech Service and promote our business.
Marketing and advertisingWe and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
• Direct marketingWe may send you Clottech-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.
Compliance and protectionWe may use your personal information to:
• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• enforce the terms and conditions that govern the Clottech Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Other users and the public.Other Clottech users or the public, when you provide content to your public user profile or voluntarily disclose in a manner that other users or the public can view. In addition, your username will be displayed to other users through the Clottech Service, and other users can contact you through the Clottech Service. Content that you post publicly on, through or in connection with the Clottech Service, including on third party services such as a social media platform, may also be public. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
Service providers.Other companies and individuals that provide services or perform tasks on our behalf to help us operate the Clottech Service or our business, such as, for example, customer support, hosting, analytics, mobile application metrics, email delivery, marketing and database management services, music integration services, our extended warranty service providers and payment processor. These third parties may use your personal information only as authorized under our contracts with them.
Advertising Partners.Third party advertising companies and social media companies that may assist us and other parties with customer research, management of customer and prospective customer databases, promotional mailings or other targeted promotions. These partners may collect information about your activity on the Site and other online services to help us advertise our and other services, and/or use hashed customer lists that we share with them to deliver ads on their platforms to our customers and similar users on their platforms.
Third party platforms.Social media platforms or other third party platforms that you connect to the Clottech Service and where you authorize us to share your information with them (such as when you use options to access the Clottech Service by logging into the third party platform).
Professional advisors.Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
Law enforcement and others.Law enforcement, government authorities and privacy parties, when we believe in good faith it is necessary or appropriate for the compliance and operations purposes described above.
Business transferees.Relevant participants in business transactions (or potential transactions), such as corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Clottech or our affiliates (including, in connection with a bankruptcy or similar proceedings). In any of these cases user information, including personal information, could be one of the assets transferred to or acquired or accessed by a third party.
4. Analysis and tracking toolsThe tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) 1) f) GDPR. The tracking measures we use are intended to ensure that our website meets requirements and is continually optimised. We also use these tracking measures to record website use and to evaluate it for you in order to optimise our offering. These interests are considered legitimate within the meaning of the aforementioned provision. The respective data processing purposes and data categories can be found in the corresponding tracking tools.
i) Google AnalyticsWe use Google Analytics, a web analysis service provided by Google Inc., for the purpose of tailoring our pages to meet your needs and continuously optimising them. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as ’Google’). Pseudonymised user profiles are created and cookies (see section 4) are used in this context. The information generated by cookies about your use of our website includes
- browser type/version
- operating system
- referrer URL (previously visited page)
- hostname of accessing computer (IP address)
- time of server request
- client ID (user, device, browser)
- Google Analytics tracking ID
- Google Tag Manager container
- location URL
- language of the user
- page view / sessions
- session duration
- interests of the user
- user flow
- origin URL
We only use Google Analytics with IP anonymisation enabled. This means that the IP address of the user is shortened by Google within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
This information is used to evaluate website use, to compile reports on website activity and to provide other services relating to website and Internet use for market research purposes and to tailor our website to requirements. This information may also be transferred to third parties if this is required by law or if third parties process such information on behalf of third parties. Under no circumstances will your IP address be merged with other Google data. Further information on data privacy in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics/answer/6004245?hl=de).
ii) Google Adwords conversion trackingWe also use Google conversion tracking to record the use of our website statistically and to evaluate it for the purpose of optimising our website for you. Google Adwords places a cookie on your computer if you have reached our website via a Google advertisement. These cookies lose their validity after 30 days and are not used for personal identification purposes. If the user visits certain pages on the AdWords customer’s website and the cookie has not expired, Google and the customer will be able to tell that the user clicked on the ad and was directed to that page.
5. Social media pluginsWe use social plug-ins of the social networks Facebook, Twitter and Instagram on our website based on Art. 6 (1) 1) f) GDPR, in order to raise the profile of our company and the online shop. The advertising purpose behind this is regarded as a legitimate interest within the meaning of GDPR. Responsibility for operation that is compliance with data protection regulations must be guaranteed by the respective providers. These plug-ins are integrated by us using the two-click method in order to protect visitors to our website in the best possible way.
Social media plugins from Facebook are used on our website to make its use more personal. For this we use the ‘LIKE’ or ‘SHARE’ button. This is an offer from Facebook. If you call up a page on our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser, which integrates it into the website. By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by pressing the ’LIKE’ or ‘SHARE’ button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.
Based on our legitimate interests in the analysis, optimisation and economic operation of our online services and for these purposes, the so-called ‘Facebook pixel’ of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (‘Facebook’), is used within our online services.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, Facebook is able to determine the visitors to our online offering as a target group for the presentation of ads (so-called ‘Facebook ads’). Accordingly, we use Facebook pixels to display Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain characteristics (for example, interests in certain topics or products that are determined on the basis of the websites visited) which we transmit to Facebook (so-called ‘custom audiences’). We also want to ensure using Facebook pixels that our Facebook ads match the potential interests of users and are not annoying. We can also use Facebook pixels to track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our website after clicking on a Facebook ad (known as ‘conversion’).
Twitter Inc. (Twitter) plugins are integrated into our web pages. You can recognise Twitter plugins (Tweet button) from the Twitter logo on our website. You can find an overview of Tweet buttons here (https://about.twitter.com/resources/buttons). If you access a page on our website that contains such a plugin, a direct connection will be established between your browser and the Twitter server. Twitter receives the information that you have visited our site using your IP address. If you click the Twitter ’Tweet’ button while logged in to your Twitter account, you can link the content of our pages to your Twitter profile. This allows Twitter to assign the visit to our pages to your user account. We would like to point out that, as the provider of the pages, we do not have any knowledge of the content of the data transmitted or its use by Twitter.
Our website/online shop also uses social plugins (‘plugins’) from Instagram, operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (‘Instagram’). The plugins are marked with an Instagram logo, for example in the form of an ‘Instagram camera’.
When you visit a page of our website/online shop that contains such a plugin, your browser establishes a direct connection to Instagram’s servers. Instagram sends the content of the plugin directly to your browser and integrates it into the page. This integration tells Instagram that your browser has accessed the appropriate page on our site, even if you do not have an Instagram profile or are not logged in to Instagram.
6. Data securityWe use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss or destruction, and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
7. CHILDRENThe Clottech product/Service is not intended for use by children under 13 years of age. If we learn that we have collected personal information from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.