USING FITPEAK SERVICES IN SHORT
When you use FitPeak services, we may collect your personal data. That data is used only to offer you the service in question, nothing else. FitPeak does not disclose, give or sell your data to anyone unless we are required to do so pursuant to a mandatory provision of law. We may use some of the data in research and development work to improve our services, but for such purposes we always use the data in a fully anonymized form, and no personal identifiers are left in the data. We do use your personal data through our algorithms to provide you with accurate health programs. For example in order to customize you next workout we use your performance in the past and inputted feedback. To offer you the right kind of nutrition recommendations we need to use the data about your previous meals or burnt calories through exercises.
FitPeak is a globally operating company with customers all over the world. For this reason, in most cases your data is transferred out of your home country. Your data is stored on FitPeak ecosystem servers which are located in the EU/EEA area. Your email address or your user ID may be transferred outside the EU/EEA to the servers of our service providers for automatic notification purposes or for error reporting purposes. Even in those cases, service providers do not have access to your data.
When data is transferred it is done only for the purpose of providing the service. Your data is not disclosed or given to any third parties; it is still under FitPeak’s control and under your ownership.
HOW WE HANDLE YOUR PERSONAL INFORMATION
When you create a user account for FitPeak services, we ask for some personal information (for example your name, email address, gender and age). We need this information in order to provide you with a personalized experience with our services. For example, we use your age info to give you a more accurate calculation of burnt calories. We trust all the information you give us to be accurate.
When you use FitPeak products or services, FitPeak collects information about you and may combine that information to any other personal information FitPeak has collected about you for the same purpose. If we have collected information about you for other purposes, we do not combine these. In addition, we may use your personal information to ensure the proper functioning and safety of FitPeak products, to verify your identity, and to investigate frauds and other misuse of the products. We may also process your information as part of our research and product development activities – we’re continuously developing new functionalities and improving the existing ones. For these activities, your information is always anonymized, and it cannot be connected to you.
If you use any of our fee-based services, we can save your payment card information with your permission to facilitate further payments. This information is saved in encrypted format in a third-party system. We select our service providers carefully and ensure that they meet the requirements for safe and reliable handling of information set for that sector. When processing payment information, we comply with applicable legislation and the terms and conditions set and monitored by payment service providers.
If you wish, you may also share information from FitPeak’s services to systems or services offered by a third party, such as Facebook or Strava or similar. FitPeak is not responsible for any information transferred elsewhere or the accuracy of the information outside FitPeak’s system. Each service provider’s information security and privacy practices are applied to such information.
There are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system or technology is completely safe or ”tamper”/”hacker” proof. FitPeak takes appropriate precautions to prevent unauthorized access to and improper use of your personal data. For example, FitPeak uses encryption and cloud technology when collecting personal data. If FitPeak sites support online transactions, they will use industry standard security measures to protect the confidentiality and security of these transactions. We use industry standard security measures, such as SSL authentication, to ensure that your credit card information, as well as other personal data submitted as part of the buying process, is appropriately safe from third party interception.
HANDLING OF PERSONAL INFORMATION AND ITS TRANSFER OUTSIDE THE EU
FitPeak’s services and products may be delivered using resources and servers located in various countries (such as Finland and the U.S.). Therefore, your information may be processed outside the country that the service you are using is based in, including countries outside the European Economic Area (EEA), where the standard of protection of privacy does not necessarily meet the requirements set by the European Commission (such as the U.S.).
When you register for a service (for example FitPeak) which may require information transfer to another country for processing, we request your permission for the transfer. The actual service data is stored on servers located in Ireland, Finland and Netherlands, but in some monitoring and ancillary activities of the FitPeak ecosystem (for example sending automatic messages) customer email address or ID may be transferred to service provider server outside the EU.
If and when transferring information, we comply with all applicable laws to guarantee sufficient protection of your privacy. In general, when transferring your personal data outside of EU/EEA, we apply the terms based on European Commission’s standard contractual clauses.
When data is transferred, the transfer is carried out only for the purpose of providing the service. Your data will not be disclosed or given to any third parties; it is still under FitPeak’s control and under your ownership. You can find more information on the transfer of information and related security measures on our FAQ. You may also contact us using the contact information provided below.
In line with the principles mentioned above, your information may be transferred or access to it may be permitted to FitPeak’s subcontractors (such as the supplier of our Support Desk system) that carry out tasks related to FitPeak’s website, products and services. Our subcontractors are not authorized to use the personal information for any other purpose and FitPeak’s subcontractors’ services are always covered by a confidentiality clause.
FitPeak never discloses any of your personal information without a separate permission from you, unless it is necessary for handling your order, carrying out your request, or managing our interactive customer programs. Information may, however, be disclosed if necessary because of law, a court order, or a regulation or request issued by authorities.
For statistical purposes, FitPeak may deliver collected anonymized statistical data on its customers, sales, traffic types, exercise information, and similar website information to reputable third parties. These statistics do not contain identifiable personal information.
STORAGE AND ACCURACY OF INFORMATION
We want to keep our database up-to-date and we regularly delete out-of-date and unnecessary personal information. We only store the information as long as is necessary to fulfil the purpose for which it was collected or required by law. You can find more information on the storage times in the service-specific sections. You may also contact us using the contact information provided below.
In some of FitPeak’s services, you can manage your personal information yourself. We recommend that you check the accuracy of your information occasionally and correct it when necessary. You are responsible for the accuracy of the information you provide.
You always have the right to access your personal information. In some of the services, direct access is possible, and when necessary, our Support Desk can assist you and deliver a copy of the personal information we have of you. You have the right to know what information pertaining to you has been collected, what this information is used for, and the parties, if any, that it has been disclosed to. To verify your identity in order to carry out your request, we may have to ask for additional information.
FitPeak is allowed to handle your personal information when the handling is based on a legitimate interest. We use this legal basis in some cases for our research and development activities as we constantly want to develop and improve our services. You have the right to object to the handling of your personal information for these purposes. However, your right to object is not absolute. The data used in our research and development work is anonymized and cannot be associated with you. This type of processing of anonymized data is vital for FitPeak to develop and offer you better features and up-to-date technical know-how.
You have the right to have any of your information corrected or deleted either by doing it directly yourself in FitPeak services or by sending a request to our Support Desk. If you want to have your information deleted, we will delete your user credentials and all information and data pertaining to you. This includes data in all FitPeak services that you have used (e.g. FitPeak and support services). The deleted data is not retrievable. After we’ve deleted your information, you can only use the service by creating a new user account. Some of your data, such as purchase data, will be retained for a certain period due to requirements of mandatory provisions of law.
According to law, you have the right to refuse profiling and automated decision-making. You can also request that the handling of your information be restricted, also when you have prohibited the handling of your information and the assessment of the legal basis for the handling of your information has not been completed.
In some of our services we request your consent. We request consent only in cases when it is necessary for offering the service. You have the right to withdraw your consent at any time. The consent can be withdrawn within the service. Note that for some services, the withdrawal of consent prevents us from offering the service to you.
The right to data portability only applies to the data provided by you, not the derived data that you see in FitPeak service that has undergone manipulation with FitPeak algorithms.
You can also request the transfer of your information to a third party. FitPeak is not responsible for the third party’s system’s ability to process the information in the format that is used for the transfer.
If you suspect misuse of the information, you may submit a complaint to the data protection ombudsman or a similar authority.
COOKIES AND THIRD PARTIES
FitPeak uses web and mobile tracking techniques and targeted advertising. When you access the fitpeakapp.com site, you will be asked to consent to cookies and other tracking methods. Should you provide us your consent these methods will be used to collect device and network information, track your use of our services and possibly provide targeted advertising to you in our other sites or through our advertising partners. The analytics data will also be used to improve our services.
FitPeak uses tools provided by Google, Facebook, WordPress, Microsoft and similar companies. Nevertheless, no FitPeak related personal data is shared with these service providers without your permission. You may find more information on their data policies online, for example: How Google uses information from sites or apps that use our services, Data Policy (Facebook), What is the General Data Protection Regulation (GDPR)? (Facebook).
Some internet browsers have a “Do Not Track” feature. When used, this feature sends a signal to the online service that the user does not wish to be tracked. FitPeak services may not respond to “Do Not Track” signals, but our site visitors always have the manual choice of not accepting any cookies during their visit.
USING CUSTOMER DATA IN MARKETING
When you subscribe to a newsletter or register to FitPeak services, you are asked for your consent to receive marketing messages from FitPeak. If you give your consent you will receive messages from FitPeak which can be for example newsletters, information about new products and services, targeted advertisements in social media, targeted NPS (Net Promoter Score) questionnaires that are related to marketing and other material. We may target some material to certain user groups based on, for example, preferred sport or used device. Some material is targeted to certain geographical areas.
You can withdraw your marketing consent at any time either from the marketing messages you’ve received from FitPeak or from FitPeak services. Withdrawal of consent will clear your name from all FitPeak marketing lists it may be on. Withdrawing marketing consent does not affect your use of any FitPeak services.
FitPeak doesn’t sell or give customer data to any third parties for marketing purposes.
SENSITIVE LOCATION AND HEALTH DATA
With your permission FitPeak can track your location during outdoor activities, even when the app is in the background. The resulting sensitive location data is only kept on your device and is never shared with third parties.
You can also connect FitPeak with Google Fit or Apple Health. Any sensitive data imported from these sources is only kept on your device and is never shared with third parties. The use of information received from Google Fit APIs will adhere to the Google Fit Developer and User Data Policy, including the Limited Use requirements.
To offer the best possible service in the event of a problem, we store error data on our devices (Error log). When you synchronize your device with FitPeak’s service, the Error log is copied onto our server and saved there for a period of two years at maximum.
The Error log is only used for error analysis and statistical purposes. It can be used for example when you contact our Service Desk about an error or crash on your device. The only personal identifier on the Error log is device ID which is needed to link the log to the correct device.
USERS UNDER 13 YEARS OF AGE
Our policy is to request that customers under the age of 13 do not make purchases or engage in other legal acts on FitPeak websites or mobile app without the consent of a parent or legal guardian. For example, a user account for a FitPeak service can only be created for a user under 13 years of age with permission from a guardian.
Data controller: Fitzter Oy, Rajakuja 3 A, 01230 Vantaa, FINLAND
Data Protection Officer: Kaisa Mäkelä
FITPEAK AND FITPEAK APP
Before you can start using the service you must create a user account through a registration process. During the registration process we ask for your approval of the End-User License Agreement and consents to some mandatory processing activities. These processing activities are mandatory for a reason: they are necessary to provide you with the service. These consents are also asked in order to meet the requirements of laws of multiple jurisdictions related to protection of privacy. If you do not want to give one or more of the mandatory consents, unfortunately then we cannot offer you the service. Consents are not generic. By giving a specific consent you grant FitPeak a permission to handle your data exclusively for the specified purpose, nothing else.
We would like to keep you up to date on all our news, offers and updates, so we’ll also ask for consent for marketing messages. Refusal is always the default setting for this request. You can change your selections anytime from your account settings.
We ask your consent for the handling of your personal information. This information is the data you give during registration: for example email, name, age, height, sex, training background and location. You do not need to give your real name, but the name you give is the one shown if you share your exercises or comment on any of our communities. We use your location information mainly to identify your language. Location information is also used to direct your Support Desk requests to correct Support Desk location so that you will receive support with correct language. Your email address is your account name and we may use your email to identify you later if you contact our Support Desk. We will also send all important notifications to that email. You can change your email address at any time, so you are not forever stuck with the email you provide to us during registration process.
We need your consent for the handling of sensitive personal data. In FitPeak´s case the data we receive from inputted nutritional data and training data. The FitPeak service is essentially based on this data, and without this data the service cannot be provided.
We also ask for your consent for the transfer of your data to a country other than your home country. FitPeak uses servers provided by a third party to produce the FitPeak service, and these servers may be located either within the EU or outside of it. The actual user data is stored on servers located within the EU but information such as the system’s monitoring data or automatic email notification data is saved on service providers’ servers located outside the EU. That data might have your email or user ID data in it.
For persons under the age of 13, we request consent for the handling of data from a guardian.
After registration, you will be sent a message to verify your email address and to confirm that the account was created intentionally. The account must be verified within 30 days. If it’s not verified in this time frame, the account is locked and cannot be used. After 210 days the account will be deleted. During this 210-day period you can verify your email or have the verification email resent to you at any time.
When you create a user account, your privacy settings are private by default and your information is not displayed to other users. You can change these settings at any time. You can choose whether your profile, your exercise and nutritional information and your activity information saved in the FitPeak service are displayed to other users (For example to your personal trainer). If you wish, you may also share information on FitPeak’s services to third-party systems, such as Facebook or Strava. FitPeak is not responsible for customer shared data once it is transferred out of FitPeak’s system, and we no longer have any influence on the data. You are responsible for managing the information you share or transfer out of the system so read third party privacy statements carefully.
As FitPeak strives to continuously develop its services, the exercise data you save in the FitPeak service may be used to realize FitPeak’s legitimate interests in research and product development. For this purpose, we only use mass data that is utilized in an anonymized format and individual users cannot be identified. The information may also be used for sending marketing messages if you have granted permission for this, either in connection with registration or at a later date. These marketing messages are usually targeted to a certain age or location group, certain sports group or users of some specific FitPeak product.
Currently, the information is stored in the FitPeak service until you decide to delete your account. If you withdraw any of the mandatory consents or you do not verify your email address, your account will be locked for 180 days and then transferred to removal cycle where your account and all of your data will be permanently deleted after 30 days. If we make any changes to our data storage periods, we will notify you.
FitPeak mobile app
Some settings that may impact your privacy when using the FitPeak app are phone related. A good example is notifications: if you wish to enable them on your wrist-worn device, your phone’s settings need to allow this. Please study the settings on your phone and select ones that work best for you.
FitPeak uses third party tools to collect data about the use of our apps in our legitimate interest. We do this to improve our products and services, to improve your customer experience, and to respond faster to any stability issues that may occur. This data is analytical by nature and it contains no personal data.
FitPeak’s Support Desk helps you with any problems you may have with our products or services. Our Support Desk maintains two registers: Contact us form and Service. Information is saved to both of these via the fitpeakapp.com website. Customers fill the necessary information in the forms themselves and the information sent with this form is saved in a third-party customer service system. The third party in this case is a service provider only: it is FitPeak that uses the customer service system and the information in it. The data stored in FitPeak’s systems may be saved on servers located in Finland or on FitPeak’s service providers’ servers either within or outside the EU.
The Contact us form: the information recorded in this form is transferred to a third-party Support Desk system used by FitPeak. This system is available to all FitPeak’s Support Desk personnel. The data recorded in the system is stored on the service provider’s servers located in the EU. On this form, you are asked to provide your contact information (such as an email address and country) to enable us to respond to your query. Your information is handled confidentially, and the service provider does not have access to the actual data. The information is stored for 10 years unless the local legislation requires longer storage, or you request for the data to be deleted.
Service: the information recorded on this form is used for connecting the device and its owner, delivering a serviced device or ordered spare part to the customer, invoicing and handling payments, sending address stickers for returns, sending automatic email messages with regard to the progress and completion of service, submitting additional requests related to service, and providing a cost estimate for service. Data from the Service form is transferred to FitPeak’s global Service system. Address information is also transferred to external postal services for the delivery of the possible physical products. The information is stored for 10 years unless the local legislation requires longer storage.
Contacting our Support Desk
You may contact our support desk through the features of the application, Contact us form or by email firstname.lastname@example.org
You can also contact FitPeak’s Support Desk through social media channels (Facebook) and via a chat service (not available in all countries). These contact events are recorded in the Support Desk system.
You can contact our Support Desk for further information on the Contact us form and Service registers.
When you’ve been in contact with our Support Desk and you’ve given us your email address, we may send you an NPS (Net Promoter Score) questionnaire afterwards. We send NPS questionnaires to get feedback from our customers. With the help of customer feedback we scrutinize and improve our services.
You can subscribe to FitPeak’s newsletters on the fitpeakapp.com website, where you must provide your email address. You can unsubscribe at any time by following the instruction provided in the newsletter. You can also buy FitPeak’s products via the links provided on the fitpeakapp.com website.