PRIVACY POLICY

 

 

When you use this application (the “App”) or more generally retain our services (collectively the “Service(s)”), we commit to protecting and processing your personal data according to this Privacy Policy and in compliance with the Swiss Federal Data Protection Act (“FDPA”) and related data protection laws, as well as the EU General Data Protection Regulation (GDPR).

 

This privacy policy describes how 7 Watt per Kilo Sàrl, the operator of this App, processes your personal data (Personal Data as defined below under section 2) in the framework of the App and Services and informs you of your rights. If you have a question or request, please send us an email at the following address: support@overvam.com .

 

When using the App and/or using our Services, Personal Data is processed pursuant to the provisions of the applicable law and this Privacy Policy. In case you should not agree to any part of this Privacy Policy, you must inform us and discontinue using the App or the concerned Service. Please note that in such an event we may not be able to provide any further Services and/or you may not be able to use the App anymore.

 

1. What does this Privacy Policy cover?

 

This Privacy Policy applies to all forms of use (“processing”) of Personal Data by us if you are a former, current or prospective user of the App and/or Services.

 

2. Personal Data

 

We process the Personal Data that you provide us, such as first name, surname, email, telephone number, nationality, address, age, weight, height, language preference. We also process the Personal Data collected by Garmin Connect relating to your workouts (notably GPS location, altitude, biometric data) and the Personal Data collected by the application MyFitnessPal relating to your eating habits and goal weight. Personal Data does include sensitive personal data, such as data related to your health condition and your intimate sphere.

 

We may use cookies, tracking technologies and other means (e.g., web beacons, pixels, gifs, tags, unique identifiers) to collect and process the above information from different channels and devices used, including e-mail and devices that are used to interact with us to access the App and/or Services. 

 

For our usage of cookies and other tracking technologies in relation to our website, the App and our Services please also refer to the OVERVAM Usage and Cookie Notice available in Appendix 1. 

 

We may use Personal Data for analytics and measurement (incl. machine learning) to process the above information, including profiling based on the processing of Personal Data, for instance by looking at information we obtain via cookies and tracking technologies.

 

In some cases, we collect this information from public registers, public administration or other third-party or public sources, such as wealth screening services, credit reference agencies, fraud prevention agencies, intermediaries that facilitate data portability.

 

Please note that that our Services are not intended to be used by minors. Please do not provide us with any personal data relating to a person under the age of 18, without being his or her legal guardian.

 

 

3. Why do we process your Personal Data?

 

1.                   To perform our contractual duties towards you;

 

2.                 To provide and to improve the App and our Services;

 

3.                To comply with any legal and regulatory obligations where we are required to process your Personal Data;

 

4.               To develop our business and enhance our brand. For example, to:

 

1.       evaluate whether and how we may offer services and events, including those offered by us and our other business partners and suppliers, that may be of interest to our clients;

 

2.       contact our clients for direct marketing purposes about products and services we think will be of interest, including those offered by us, our business partners and suppliers.

 

3.       receive and handle complaints, requests or reports from our clients or third parties;

 

4.       reply to any actual or potential proceedings, requests or the inquiries of a public or judicial authority.

 

5.                 To support, enhance and maintain our technology. For example, to:

 

1.       take steps to improve our products and services and our use of technology, including testing and upgrading of systems and processes, and conducting market research to understand how to improve of our existing products and services or learn about other products and services we can provide;

 

2.       analyse the results of our marketing activities to measure the effectiveness and relevance of our campaigns.

 

 

6.               Other purposes. For example:

 

1.       to administer and manage our business in general, to detect and prevent misuse of our App and Services (including fraud and unauthorised operations);

 

2.       to enforce our General Terms and Conditions or any other contract to which we may be a party;

 

3.       for our prudent operational management (including compliance and risk management, technological support services, reporting, insurance, audit, systems and products training and administrative purposes);

 

4.       to enable a transfer, merger or disposal to a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer, merger or disposal of part or all of our business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it;

 

5.       to undertake transactional and statistical analysis, and related research; or

 

6.         to exercise our duties and/or rights vis-à-vis our clients or third parties.

 

4. Transfer and recipients of Personal Data

 

We may disclose your Personal Data, for the purposes set out above, to the following recipients:

-          External service providers, such as IT and cloud service providers (who are subject to data protection duties to the same extent we are);

-          Third parties and authorities if such disclosure is necessary to undertake our contractual duties towards you, or if necessary to comply with our legal or regulatory obligations or if necessary in our legitimate interest.

 

The App and related Services are hosted on servers located in Germany. We may also use cloud-hosted software solutions or servers which are located in the US for some services (e.g. back-up services and access to the App for local users).

 

We only transfer Personal Data abroad to countries which are considered to provide an adequate level of data protection, or in the absence of such legislation that guarantees adequate protection, based on appropriate safeguards (e.g., standard contractual clauses adopted by the European Commission or another statutory exemption) provided by local applicable law.

 

5. How do we protect your Personal Data?

 

We take all reasonable and necessary administrative, technical and physical measures to ensure that your Personal Data is processed and stored securely and in accordance with this Privacy Policy and to ensure the data’s confidentiality, integrity, availability and resilience.

 

6. How long do we store your Personal Data

 

We retain your Personal Data for as long as such retention is reasonably necessary to achieve the purposes mentioned above under section 3 or until you withdraw your consent, provided that we are not authorized to retain the Personal Data for another reason (e. g. any necessary legitimate interest, to exercise and/or defend any legal rights, in the context of investigations and/or our legal obligations). 

 

7. Your rights

 

You have the following rights in relation to your Personal Data, unless in presence of a legal or regulatory obligation or an overriding legitimate interest of 7 Watt per Kilo Sàrl (or of a third party):

-          a right of access to and of request a copy of your Personal Data;

-          a right of rectification where the information we hold about you is inaccurate;

-          a right to request that your Personal Data be erased where for instance they are not necessary for the purpose for which they were collected or processed or if you withdraw your consent;

-          a right to restrict the use of your personal information;

-          a right to object to the processing of Personal Data; 

-          where applicable, a right to data portability;

-          a right to withdraw your consent for the processing of Personal Data at any time. Please note that such withdrawal shall only apply for future data processing and shall not impact the processing that occurred in the past.

-          A right to submit a complaint with the competent data protection authority if you believe that our processing of your Personal Data infringes applicable data protection laws. In Switzerland, the Federal Data Protection and Information Commissioner is competent to supervise private entities: info@edoeb.admin.ch. 

 

Please note that we may refuse certain of your requests, in particular to provide access to your Personal Data, if the applicable data protection laws or other provisions allow us to do so. In that case, we will provide the grounds to our decision.

 

You may unsubscribe from our newsletter or from any marketing communication at any time by informing us via support@overvam.com or by clicking on the link at the bottom of each newsletter.

 

We will, in general, not charge a fee for the exercise of any of your rights in relation to your Personal Data. However, we may charge a fee for access if the relevant data protection legislation allows us to do so, in which case we will inform you as required by applicable laws.

 

8. Miscellaneous

 

Please inform us as soon as possible if any of your Personal Data changes (including your correspondence details). Failure to provide accurate data or to update data when applicable may have a detrimental impact upon our ability to provide our App and/or Services.

 

This Privacy Policy may be amended at any time. Any new version shall be published on our website and be accessible via the App. Please verify this Privacy Policy regularly to see any updates or changes.

 

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Last update: August 2023

 

 

 

 

 

Appendix 1: Website Usage and Cookie Notice

 

As you use the 7Watt Per Kilo website or the App, we will collect your technical, usage and transaction data as described in section 2 above.

 

Some of this data is collected using cookies, beacons and similar technologies. Cookies are files with small amount of data which are sent to your browser (or device) from our Services and stored on your device.

 

We use the following cookies:

 

Cookie name	What it is used for
skipReferrerState, preapproved, allowedState, applied	This is used on the website to identify what part of the App a user is on and to persist across page refreshes and browser openings. This prevents multiple applications on the same device.
Localization	This is used on the website to temporarily store the estimated latitude and longitude of the user’s IP address in order to indicate the user's default city. This cookie is stored in session storage and deleted when the browser tab is closed.
user token	This authenticates requests with our server, which includes refresh and access tokens.
session	This is used on Android devices to display a member's name (including their first name, surname, phone, email, and profile picture URL).
authToken	This is used to authenticate the member with the server.
_sessionID	This cookie identifies if a user is logged in to the app
memberData	This is used on iOS devices to display and welcome the member by name (includes the member’s first name, surname, phone, email, and profile picture URL).
_ga, __utma, __utmb, __utmc, __utmt, __utmz _gid	This helps us count how many people visit our website, and tracks repeat visitors via Google Analytics. This cookie expires after 2 years.
mp_mixpanel	This cookie stores an anonymous, randomly-generated ID to detect repeat visits to the Site on the same device, and associates actions to the device. This cookie expires after 3 months.

 

You can remove cookies from your mobile device through the settings, but be aware that this may impact your ability to make use of some features on the App. Management of cookie settings varies from one mobile device to another.  

 

We also use Google Analytics, a third-party service provided by Google, to help us analyse user habits to help increase the functionality of our Services. The information will be used by Google only for the purpose of evaluating the use of our Services. Google Analytics has its own privacy notice, which can be viewed here.