Data Protection Policy

Data Privacy Statement

Sicada Ltd.

The protection of your personal data is of particular concern to us at DYNOSTICS. When collecting and processing your personal data, we comply with all legal requirements. In the following we would like to inform you in detail about the processing of your data.

 

Data protection legal officer and data protection officer

Sicada Ltd.

Messerschmittstr. 2

86825 Bad Wörishofen

E-mail: datenschutzbeauftragter@dynostics.de

Phone number: +49 (0)8247/9063030

Further information can be found in our imprint.

Mr. Felix Grund has been appointed data protection officer for the company. You can contact our data protection officer at datenschutzbeauftragter@dynostics.de at any time with any data protection-related concerns you might have.

 

App usage and registration

For security reasons, DYNOSTICS analyses are always carried out on a personal basis. The use of our offers will therefore only possible after registration.

After successful registration you will receive a confirmation email. With this email you can protect your access with a password.

For registration and subsequent profiling in the app and in the DYNOSTICS portal, the following information is mandatory: e-mail, first name, surname, date of birth, height, weight, gender, postcode, city, country.

With this data we will set up a password-protected profile for you. All data that you store in your account is stored in our DYNOSTICS database. We will store this information for as long as you use your profile and for up to 10 years thereafter.

The legal basis for the processing of the aforementioned data is the fulfilment of a contract (Art. 6 I b) DSGVO).

 

Data collection before analysis

Further data from you are required for the performance of an analysis. This data will be stored so that individual analysis evaluations including training and nutrition recommendations can be generated and your trainer can respond to your individual training and state of health.

The following data will be required for an analysis: Nutritional behaviour, health issues, training behaviour, leisure and professional behaviour.

These data are obligatory in order to be able to use our offer completely. We will store this information for as long as you use your profile and for up to 10 years thereafter.

The legal basis for the processing of the aforementioned data is the fulfilment of a contract (Art. 6 I b) DSGVO).

 

Data of the analysis measurement

In the course of the analysis further data will be collected from you by different measurements: Oxygen volume, carbon dioxide volume, respiratory minute volume, respiratory quotient, respiratory equivalent oxygen, respiratory equivalent carbon dioxide, pulse, respiratory frequency. This data will be used for various individual evaluations: Oxygen intake, individual anaerobic threshold, power level, maximum power, regeneration, pulse range, BMI, calorie requirement and your nutrient distribution. After the measurement, trainings and nutrition recommendations based on these data will be compiled for you.

We will use this data to compile anonymous statistics which, however, do not allow any conclusions to be drawn about the individual person or personal data.

After the analysis, the respective provider gets access to the data of all measurements that you carry out with this provider. The provider may use this data within the framework of the DYNOSTICS platform in particular to advise you individually and to carry out comparative performance evaluations with its other users. In addition, the trainer has the option of combining and displaying the data of several users in the app and portal in a group in order to create meaningful training groups. You can remove the link between your DYNOSTICS profile and the trainer app of your DYNOSTICS provider at any time in your settings.

In addition, we cooperate with certified dealers, who also receive access to the data from DYNOSTICS in order to guarantee worldwide support.

Once again summarised for you: Your analysis data will be stored in the app as well as in the portal to fulfill the contract with you. These data will be accessible to authorised persons of DYNOSTICS, certified DYNOSTICS dealers, as well as the provider you have chosen for your analysis. We will store your analysis data as long as you use your profile and for up to 10 more years after that.

The legal basis for the processing of the aforementioned data is the fulfilment of a contract (Art. 6 I b) DSGVO).

 

Sport scientific studies

Basically, we will use your data only as far as they are necessary for the fulfilment and completion of our services.

For the purpose of sports scientific studies, partly in cooperation with research institutions, universities and institutes, we process anonymous user data on training behaviour. From this we draw sport scientific findings, for example about the training intensity and the training scope. We will publish some of these findings in studies. Your data will be made completely anonymous for this purpose, so that it is no longer possible to draw conclusions about individual users and anonymisation cannot be reversed.

Art. 6 para. 1 f.) in conjunction with Art. 89 para. 1 DSGVO shall form the legal basis for the legitimate interest. In the public interest, our aim is to bring the type of metabolic analysis we offer up to a very high standard. For this purpose, scientific findings in the field of sports are indispensable. That is why we work closely with the above-mentioned institutions.

 

Payment processing

We use external payment service providers whose platform can be used for payment transactions.

– Paypal (see https://www.paypal.com/de/webapps/mpp/ua/privacy-full)

– Paymill (see https://www.paymill.com/de/datenschutz/)

We use payment service providers on the basis of Art. 6 Para. 1 b.) DSGVO in the performance of contracts. In addition, we use external payment service providers on the basis of our legitimate interest pursuant to Art. 6 para. 1 f.) DSGVO in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes your inventory and payment information that is required to complete the transactions. The data you enter will only be processed and stored by the payment service providers, i.e. we will not receive any account- or credit card-related information, but only information confirming or not confirming a requested payment. The data may be transmitted by payment service providers to credit reference agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the General Terms and Conditions and the data protection information of the payment service providers linked above.

Payment transactions are subject to the terms and conditions and data protection notices of the respective payment service providers, which can be accessed within the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of revocation, information and other rights affected.

 

Website & Customer Service

We collect personal data when you choose to provide it to us, for example when you contact us, in particular through registration, chat on our website, customer service or purchase of products. We will only use this personal data to the extent necessary to perform and process our services and will not pass it on to unauthorised third parties.

When you visit our website, portal and app, we automatically log some basic information. We will only use this information to improve our website, services and products. For example, it stores how you got to the website and which pages you navigated to within the websites. These data will be deleted or anonymised by us at the latest one week after their collection.

The legal basis for the processing of the aforementioned data is the protection of our legitimate interests, Art. 6 Para. 1 f) DSGVO. The processing of your data serves the technical administration and security of our website.

You have the possibility to contact us via our email address or by phone, as well as to use the chat function on our website. In addition, you can ask us questions indirectly through the owner of the DYNOSTICS device. The personal data transmitted to us in this way will of course only be used for the purpose for which you provided it when contacting us. As far as information about communication channels (e-mail address, telephone number) is concerned, we may also contact you via this communication channel in order to answer your questions.

The legal basis here is to safeguard our legitimate interests pursuant to Art. 6 para. 1 f.) DSGVO, as we wish to be in a position to answer such enquiries in the best possible manner.

 

Social media

When you interact with our brand in social media, we get access to your interactions and profile information. We still have access to this information when you later remove it from the social network. We may collect such publicly available information in order to connect with you. The following social channels are meant by this:

 

Within our online offer, functions and contents of the service Facebook, offered by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, can be integrated.

If you are a user of the Facebook platform, Facebook can assign the call of the above-mentioned contents and functions to the profiles of the users there. Privacy policy:

https://www.facebook.com/about/privacy/

Opt-out. https://www.facebook.com/settings?tab=ads

 

Functions and contents of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online service within Twitter.

If you are a user of the Twitter platform, Twitter can assign the call of the above-mentioned contents and functions to the profiles of the users there.). Privacy policy: https://twitter.com/de/privacy

Opt-Out: https://twitter.com/personalization.

 

Within our online offer, functions and contents of the service Instagram, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offering within Instagram. If you are a user of the Instagram platform, Instagram can assign the call of the above contents and functions to the profiles of the users there. Instagram Privacy Policy: http://instagram.com/about/legal/privacy/.

 

We integrate the videos of the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/

Opt-Out: https://adssettings.google.com/authenticated.

 

We can integrate the videos of the platform “Vimeo” of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the privacy policy (https://policies.google.com/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or the settings of Google for data use for marketing purposes (https://adssettings.google.com/).

 

The functions and content of the LinkedIn service offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within LinkedIn. If you are a user of the platform LinkedIn, LinkedIn can assign the call of the above contents and functions to the profiles of the users there. LinkedIn Privacy Policy: https://www.linkedin.com/legal/privacy-policy.. Privacy policy: https://www.linkedin.com/legal/privacy-policy

Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

 

Functions and contents of the Xing service offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, can be integrated into our online offering. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Xing. If you are a user of the Xing platform, Xing can assign the call of the above contents and functions to the profiles of the users there. Privacy policy of Xing: https://privacy.xing.com/de/datenschutzerklaerung.

For more information, please refer to the privacy policy of each Social Channel.

The legal basis for the processing of the aforementioned data is the protection of the legitimate interests by us, Art. 6 para. 1 f) DSGVO. The processing of your data serves the communication with and the improvement of our products.

 

References, Interactions, Application Protocols

We report and publish references of our products on websites. For this purpose, we may include your name and other personal information in our references. If you would like to update or delete a reference on our website, you can contact us at datenschutz@dynostics.de

We may record, analyse and use your interactions with us, including your email and chat conversations with our sales and customer service representatives, to improve our interactions with you and other customers.

We collect information about your use of our products, services and mobile applications and use it to understand how we can improve our product through your use and needs. This information includes clicks, scrolling operations, functions accessed, access time and frequency, errors generated, performance data, memory used, user settings and configurations, as well as devices used for access and their locations.

The legal basis for the processing of the aforementioned data is the protection of the legitimate interests by us, Art. 6 para. 1 f) DSGVO. The purpose of processing your data is to improve our services, our services and the products of DYNOSTICS.

Cookies and tracking pixels

We use cookies in order to improve our website and to make it as optimal as possible for you to use it. Cookies are small text files that are stored on your computer when you visit our website and enable your browser to be reassigned. Cookies store information such as your language settings, the duration of your visit to our website or the information you enter there. This avoids the need to re-enter all the necessary data each time the data is used. Cookies also allow us to recognise your preferences and tailor our website to your areas of interest.

Most browsers automatically accept cookies. If you want to prevent cookies from being saved, you can select “do not accept cookies” in the browser settings. You can delete cookies that are already stored on your browser at any time. However, we point out that our website can only be used to a limited extent without cookies.

In addition, with the help of marks on our pages, so-called tracking pixels, we record, for example, how often our pages are called up and clicked on each time we load them, also without interfering with or inferring with your computer.

The legal basis for the processing of the aforementioned data is the protection of the legitimate interests by us Art. 6 para. 1 f) DSGVO. As a website operator, we have a justified interest in analysing user behaviour in order to optimise our website.

 

Tracking-based analyses

We use tracking technology to continuously improve and optimise our services, to be able to display advertisements that are relevant to you outside the website, and to measure the effectiveness of these advertisements. We use the services of Firebase as an analysis tool, Crashylitics for crash reporting and Firebase for push messages.

In the following you can find out how the whole system works and which data is used by you.

The legal basis for the processing of the aforementioned data is the protection of the legitimate interests by us Art. 6 para. 1 f) DSGVO. As a website operator, we have a legitimate interest in analysing user behaviour in order to optimise both our website and our advertising.

 

Firebase Analytics

We use Firebase Analytics for our website, app and portal. This is an analysis service provided by Google LLC (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, hereinafter referred to as “Google”).

Firebase Analytics uses cookies to help analyse your use of the website.

Firebase will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services to the website operator relating to website activity and internet usage. Pseudonymous user profiles can be created from the processed data.

Your terminal device transmits the information collected with the help of Firebase Analytics about your use of the website to Google servers in the USA, where it is stored for up to 14 months. There is currently no decision by the EU Commission that the US generally offers an adequate level of protection for personal data. However, Google is committed to complying with the EU-US Privacy Shield Agreement published by the U.S. Department of Commerce on the collection, use, and retention of personal information from EU member states. Further information can be found here: https://support.google.com/analytics/answer/7105316?hl=en

We use Firebase Analytics only with IP anonymisation enabled, which means that Firebase will shorten the IP address of use in member states of the European Union or other states party to the European Economic Area Agreement.

You can prevent cookies from being saved by making the appropriate settings in your browser software. You can also prevent Firebase from collecting the data generated by the cookie and related to your use of the website and from processing this data by Firebase by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en

You can find more information about Firebase Analytics and Privacy at:

https://firebase.google.com/support/faq/

https://www.google.com/policies/privacy/

 

Crashlytics

Our apps use the analysis tools Crashlytics from Crashlytics, 1 Kendall Square, Cambridge, MA 02139, USA, and Adjust2 from adjust GmbH, Saarbrücker Str. 36, 10405 Berlin, Germany.

This service supports the improvement and troubleshooting of applications by collecting and storing anonymous usage data. Personal data of the users will not be stored or transmitted. More information about these services can be found at https://try.crashlytics.com/terms/privacy-policy.pdf

 

Firebase push messages

In the app, we use Firebase Messaging, a framework from Google’s Firebase subsidiary based in San Francisco (CA), USA, via which we send push messages.

If you would like our push messages to be displayed on your mobile IOS device, even if you are not currently in our app, we ask for your consent. You can deactivate these messages at any time in your settings. If you are using an Android device, push messages are allowed automatically as long as you don’t disable them in your settings.

We use Google as our service provider for Firebase push messages.

For more information on Firebase and data protection, please visit our website:

https://firebase.google.com/support/faq/

https://www.google.com/policies/privacy/

 

Information for commercial inquiries and customers

For the administration of our commercial inquiries and customers we use the provider Zoho CRM. of the provider Zendesk, Inc., 989 Market Street 300, San Francisco, CA 94102, USA, in order to be able to process inquiries of the users faster and more efficiently, legitimate interest according to art. 6 para. 1 lit. f. DSGVO.

This is where we store the data and use it to contact you.

Zendesk uses user data only for the technical processing of enquiries and does not pass them on to third parties.

Further information can be found in Zendesk’s privacy policy: https://www.zendesk.de/company/customers-partners/privacy-policy/.

Customers receive information from us about the latest developments and other interesting topics by e-mail.

If you no longer wish to receive these mails in the future, you can unsubscribe at any time via the link provided in the mail.

The legal basis constitutes the legitimate interest pursuant to Art. 6 Art. 1 f.) DSGVO. In order to manage and conduct our day-to-day business, we need to collect and store information from inquiries and business customers. When sending out newsletters, we pursue the interest of informing our customers.

In addition, we offer a location search on our website for potential DYNOSTIC users. Here, DYNOSTICS partners in the searcher’s environment are identified and passed on to the potential user. With this service we help you, as a DYNOSTICS provider, to establish contact to new customers.  For the passing on of your data with these inquiries you give us a consent, legal basis is thus art. 6 Abs. 1 a.) DSGVO. We only pass on data to which we have given your express consent. You can revoke your consent at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

 

Term of storage

We will store the data for as long as is necessary for the purposes set out in this Privacy Policy. If there is no longer a legitimate reason for us to process your data, we will delete, anonymise or block your data from further processing, as appropriate.

 

Your rights

Every data subject has the right to information pursuant to Art. 15 DSGVO, the right to rectification pursuant to Art. 16 DSGVO, the right to cancellation pursuant to Art. 17 DSGVO, the right to limitation of processing pursuant to Art. 18 DSGVO and the right to data transfer pursuant to Art. 20 DSGVO. The restrictions according to §§34 and 35 BDSG apply to the right to information and the right to cancellation.

You also have the right to complain to the responsible data protection supervisory authority about the processing of your personal data by us.

 

Right of objection

If we base the processing of your personal data on a weighing of interests, you can object to the processing in accordance with Art. 21 DSGVO. In the event of such an objection, we ask you to explain the reasons why your personal data should not be processed as described by us. We will then review the situation and either discontinue or adapt data processing or explain our compelling reasons for doing so. In the event of an objection to data processing for the purpose of direct marketing, we will cease such processing in any case.

 

Modification of the data protection declaration

We reserve the right to change or adapt this privacy statement at any time in accordance with applicable data protection regulations.