1. Overview
Exakt Health is deeply committed to protecting and respecting the privacy of its customer data.
This Privacy Policy governs and describes how and what information we collect, store, use, share and protect when you use our Services (defined below) or mobile application. In addition, this Privacy Policy applies to any and all information we receive when you communicate or interact with us outside of the Services, such as through e-mail, electronic messages between you and an employee of Exakt Health and otherwise. This policy does not apply to actions of any third party company, entities that are not controlled by us and individuals not directly employed or managed by Exakt Health.
We handle all information in compliance with applicable law and in a manner compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), where applicable. If you are located in the European Union, please click here to review our Privacy Notice for the E.U.
For the purposes of this Privacy Policy, the following defined terms mean:
- “App” refers to a downloadable application owned and operated by Exakt Health. This reference includes all functionalities, features, tools and content available on or through such application;
- “Services” refers to any and all Websites, Apps and Content made available to you by Exakt Health;
- “Users” refers to any and all persons that use or access the Services. “You”, “your” or similar terms will be used to refer to Users;
- "Exakt Health", "we," or "us" refer to Exakt Health, our employees, and team members;
- “Content” is referred to any and all videos, text, information, photos and other content provided or made available by Exakt Health on or through the Services, including information, videos, text, photos and other content relating to physical conditions and/or exercise programs;
- “Website” refers to any website owned and operated by Exakt Health. References to the "Website" include any and all features, functionality, tools and content available on or through each such website.
- “Controller or controller responsible for the processing”: Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Please read and understand this Privacy Policy thoroughly to understand how we will handle your information before accessing or using any of Exakt Health’s Services or communicating with us externally.
By accessing or using our platform and mobile application, you are accepting and consenting to the practices outlined in this Privacy Policy. This policy may be updated and changed from time to time. If you do not agree to the terms of this Privacy Policy, please do not access or use our Services or communicate with us.
Types of Information Collected
Information Provided to Us
Information provided when you register for our App, update your e-mail preferences, respond to a survey, or provide feedback are stored with Exakt Health.
Exakt Health also collects and stores information provided directly to us. If a User contacts the controller by e-mail or via a contact form, the personal data transmitted by the User are automatically stored. Such personal data transmitted on a voluntary basis by a User to the data controller are stored for the purpose of processing or contacting the user.
Exakt Health does not require the input of a User’s personally identifiable information in order to gain access to the company’s Services. We will not ask for or request any sensitive material such as financial information, except in connection with payments. Please do not provide this information to us through the use of e-mails, contact forms or otherwise.
Information Obtained While Using Our Services
Exakt Health collects a series of general data when a User accesses the website. This data is stored in server log files. This information is essential in delivering the Content of our Website correctly, optimising the Content as well as the Website’s advertisements, ensuring the long term viability of our information technology systems and website technology and provide law enforcement authorities with the necessary information for criminal prosecution in case of a cyber attack. Therefore, Exakt Health analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a User.
Collected may be:
- browser types and versions used
- the operating system used by the accessing system
- the website from which an accessing system reaches our website (so-called referrers)
- the sub-websites
- date and time of access
- an Internet Protocol address (IP address)
- the internet service provider of the accessing system
- any other similar data and information that may be used in the event of attacks on our technology systems
Information Collected While Using Our App
Location data, health and fitness data: When you record a workout with our apps we will store the Location Data, distance, pace. If you import a completed workout from one of your connected devices (such as Apple Health or Garmin), we will store the relevant workout data including the GPS location data, running speed, heart-rate data, cadence and time of workout. We process this data based on the your consent granted to us and fulfill our contract with you to provide the Services as outlined in the Terms & Conditions.
Technical information, server-side log files, device and usage information: When you're using the app we're collecting data of your interactions with the app (which plan you have selected, time of workouts and changes of App settings) and associated technical information including operating system, aggregated location (city, country) and client-side tracking data. We process this data based on the your consent granted to us and fulfill our contract with you to provide the Services as outlined in the Terms & Condition as well as our legitimate interests in improving our Services for the benefit of all Exakt users.
Please note that we don't store the collected data along personal identifable information on our end. In other words, the information collected is not tied back to a uniquely identifiable person but is stored on an anonymous basis.
Contact Form
Our Website contains a contact form that allows direct communication with us, which also includes a general e-mail address. If a User contacts the controller by e-mail or via a contact form, the personal data transmitted by the User are automatically stored. Such personal data transmitted on a voluntary basis by a User to the data controller are stored for the purpose of processing or contacting the User. We use the services of Google workspace operated by Google Ireland Limited to receive and answer your requests as well as Freshdesk operated by Freshworks Inc.
Subscription to our Newsletter
If you subscribe to our newsletter, we will use your email address to regularly send you information about our company, our services, and our offers. Subscription takes place via the so-called double opt-in procedure. This means that after signing up, you will receive an email asking you to confirm your subscription. This confirmation is necessary to ensure that no one can register using someone else’s email address.
For sending the newsletter, we use the service Brevo (formerly Sendinblue), provided by Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin. Brevo processes your data on our behalf exclusively for the purpose of sending the newsletter. We have concluded a data processing agreement with Brevo in accordance with Art. 28 GDPR.
The legal basis for sending the newsletter is your consent pursuant to Art. 6 (1) (a) GDPR. You may withdraw your consent at any time with effect for the future, e.g. via the unsubscribe link in every email or by contacting us directly.
The data collected as part of the newsletter subscription will be deleted as soon as it is no longer required for the purposes mentioned or if you withdraw your consent. Further information can be found in Brevo’s privacy policy at: https://www.brevo.com/de/legal/privacypolicy
How Your Information is Used
Information collected by the User is used to different purposes, some of which are to:
- manage your access to our Services;
- contact you directly about activity on your account;
- carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection;
- send the User important information to enable them to use our services;
- enable Exakt Health to correctly operates its Services which include but are not limited to internal operations, payment processing, data analysis and troubleshooting;
- comply with all applicable laws and regulations;
- notify Users of significant changes to our Services;
- protect and maintain security of our Services;
- in any other way that we describe when you provide the information; and
- for any other purpose for which you may provide consent
For certain cases, how Exakt Health treats and uses the provided information depends on the type of information provided. Some of this information may be Personally Identifiable Information which is provided by the User while using our Services or communicating. Such Personally Identifiable Information may contain your e-mail address, billing information, address or phone number and will be treated as such.
Information that we gain from your use of our Services or communications with us, such as email address, will only be used for that specific intended purpose. We may use your information, provided to us, for:
- responding to inquiries, feedbacks or requests through e-mail;
- provide you with information about our company or products and services (newsletter);
- send you e-mails regarding updates, information or alerts regarding our Services.
Our Website may also collect non-Personally identifiable information, as mentioned before. This information is used as following:
- serve advertisements through our Services;
- improve our Services and present content in the most desirable way for the User;
- safeguard our technical systems and ensure long term viability of our technology systems and website technology.
How Your Information is Shared
Exakt Health does not engage in the activity of selling any personal information of our Users to any third party company.
We may disclose your Personal Information to:
- investigate illegal or unauthorised use of our Services;
- comply with court order, law or legal processes, including responding to any government request;
- protect rights and assets of Exakt Health;
- for any other purposes disclosed by us and when providing the information.
In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.
We may also share non-Personally Identifiable information with:
- search engines, analytics or other service providers which will help us improve our Services;
- with any other party for the purposes described in this Privacy Policy.
External services used by Exakt Health
Adjust
Exakt Health uses Adjust (Adjust GmbH, Saarbrücker Str. 37A, 10405 Berlin, Germany) as part of our analytics on our website and in our application. This service enables us to understand the use of our offerings, optimize marketing measures, and track ad conversions across different devices and platforms. For this purpose, pseudonymized data such as device information, truncated IP addresses, anonymous advertising IDs, language settings, interactions, and timestamps are processed. Processing is carried out exclusively on the basis of your consent pursuant to Art. 6 (1) (a) GDPR, which you may withdraw at any time with effect for the future. Adjust may use various attribution techniques to assign user interactions across devices and channels without enabling us to establish a direct personal reference. A transfer to third countries may occur; in such cases, Adjust ensures appropriate safeguards in accordance with Art. 44 et seq. GDPR. Further information can be found at https://www.adjust.com/privacy-policy.
Website Analytics
We are using the component of Google Analytics (with the anonymiser function) on our website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the user is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the user. The definition of cookies is explained below. With the setting of the cookie, Google is enabled to analyse the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the user will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the user, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the user. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the user, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The user may, as stated below, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the user. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the user has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the user must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the user is later deleted, formatted, or newly installed, then the user must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the user or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
Mobile Analytics
We are using Google Analytics and Crashlytics for Firebase in our mobile applications.
Google Analytics for Firebase collects user and event data during the use of the mobile application that helps us understand how the App is being used and how we can improve the overall In-App experience as well as user acquisition. Firebase collects the information using identifiers for mobile devices and utilises technologies similar to cookies. The following type of information is collected during the process: number of users and App session, session duration, operating systems, device models, geography, first App launch, App opens and App updated. The full list of events captured in our implementation can be found here. You can find a full list of user-dimensions collected here. All data on an individual level is deleted latest after 14 months after it has been collected.
Firebase Crashlytics allows us to collect technical data about App crashes and monitor the technical stability of the App. The collected data consists of a crashlytics installation ID and crash traces when an App crash occurs. The data will be deleted after 90 days.
The operator of the Google Analytics and Crashlytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. Find more information about the privacy and security measures in Firebase to protect your data here.
You are able to object to a collection of data generated by Google Analytics and Crashlytics for Firebase. Go to the settings page of the App and move the respective toggle for Google Analytics and Crashlytics to Off.
Google Ad-Words
We are using Google Ads on our website. Google Ads is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google Ads allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilises the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google Ads is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google Ads is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a user reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the user through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the user. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through ads to ascertain the success or failure of each ad and to optimise our ads in the future. Neither our company nor other Google Ads advertisers receive information from Google that could identify the user.
The conversion cookie stores personal information, e.g. the Internet pages visited by the user. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the user, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The user may, at any time, prevent the setting of cookies by our website, as stated below, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the user. In addition, a cookie set by Google Ads may be deleted at any time via the Internet browser or other software programs.
The user has a possibility of objecting to the interest based advertisement of Google. Therefore, the user must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
RevenueCat
The Exakt Health Premium subscription uses RevenueCat. RevenueCat’s platform allows us to integrate with Apple’s App Store and Google’s Play Store and offer you our Premium content as a convenient In-App Subscription. In order to create and manage your subscription with the mobile stores we share an anonymous ID, mobile device and country information of the user with RevenueCat. In addition, RevenueCat collects anonymous purchase history limited to Exakt Health subscriptions only, for the purpose of managing access to the paid content of Exakt Health.
We don’t share any sensitive personal identifiable data with them. RevenueCat does not collect payment information from users and they are obligated not to disclose or use any information for any other purpose.
You can find further information and applicable data protection provisions of RevenueCat under: https://www.revenuecat.com/privacy/
How to Review and Change Personal Information
If you create a Exakt Health account, you may review your personal information by visiting the Exakt Health mobile application and accessing the “Settings menu.” To change or remove any information, please contact us through the application, or service@exakthealth.com.
How We Protect Your Information
The security and protection of your information is vital to us. Therefore, we have established multiple technical and organisational measures to ensure the safeguarding and protection of personal data provided through the website or mobile application. However, no system can guarantee a complete protection of your information. Due to this, Exakt Health cannot ensure that your personal information is secure from unauthorised third parties. This is especially true for information that is in transit. As a result, use of our services will come at your own risk.
To maximise efficacy, we periodically review and update our security standards and safeguards.
Cookies
Exakt Health uses cookies on our website. These cookies are used in order to create a more user-friendly experience for anyone that accesses our website and allows us to improves our Services.
Cookies are text files stored inside a computer system via the internet browser. Many of these cookies contain a Cookie ID which is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of users from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.
By the means of such cookies, the information and offers on the Website can be optimised with our user in mind. Cookies allow us, as previously mentioned, to recognise our Website Users. The purpose of this recognition is to make it easier for Users to utilise our Website. The Website User that uses cookies, e.g. does not have to enter access data each time the Website is accessed, because this is taken over by the website, and the cookie is thus stored on the User’s computer system.
The User may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the User deactivates the setting of cookies in the Internet browser used, not all functions of our Website may be entirely usable.
Children
Our Services are only intended for the use of individuals of or above the age of 18. Exakt Health does not collect information from anyone below the age of 18. Any individual below the age of 18 is not allowed to submit any personally identifiable information to us including but not limited to name, email-address and address. If an account is identified to belong to an individual below the age of 18, we will take appropriate steps to suspend the account and remove all related data from our database. You, as a User, justify that by using Exakt Health’s Services, you are of or above the age of 18.
Changes
Changes to our Privacy Policy may take place periodically on account of changing legal or business requirements. These updates will be indicated through changing the effective date of our Privacy Policy. Please make sure to refer back to our Privacy Policy periodically to stay up to date with our rules and regulations concerning your personal data.
Continuation of use of our Services, after publication of an updated Privacy Policy, will constitute as acceptance of our updated Privacy Policy.
Please also note that your use of our Services will be conditional on your acceptance of our changes to the Privacy Policy.
Contact Data Protection Officer
DATENDO GmbH
Hohenzollernring 55
50672 Köln
Email: dsgvo@datendo.de
Website: www.datendo.de