Privacy policy

We are updating our privacy policy. The updates will come into force on March 01, 2024.

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) the Shapody service (“Service”). This includes our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Shapody GmbH (“Shapody GmbH”, “we”, “us” or “our”). If you are entering into this Policy on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Policy, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy, you must not accept this Policy and may not access and use the Shapody service. By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Table of contents

1. Which data do we collect?

2. Use and processing of collected information

3. How Data is shared

4. How Data is processed

5. Rights of the user

6. Additional information

Which data do we collect?

Shapody processes personal and non-personal data that you as a user of the Shapdoy service makes available to us, information that others provide to us, and information we collect from you automatically. We collect the following types of information about you:

Automatic collection of technical information

When you use the Shapody service, our servers automatically record information that your device sends. Information collected automatically is used to identify potential cases of abuse. The information to detect abuse can be aggregaded with other information like the usage data to identify the internet or real location during an abuse and provide further information to clarify an abuse. Automatically collected informations are also used for statistical information regarding the usage of the Shapody service. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system. The following information could be collected:

• Technical information (device's IP address, location, device name, device version, operating system type, operating system version, language preferences, access dates and times)

Account information

If you wish to use the Shapody service, you may be asked to provide certain information while creating an account, that might include some personal information. It could also be that you register or sign in with thrid-party accounts from Facebook, Apple or Google. In this case we can access informatioon with your explicit authorization. This information could include the following:

• Account details (user name, unique user ID, password)

• Contact information (email address)

• Basic personal information (name, country of residence, date of birth, profile picture)

Content you share

When you use the Shapody service you might share content with other users. This content might be accessable from anyone using the Shapody service. If you booked extra functions to set the content as private this content is also included here. The shared content might be the following:

• Fitness content (Exercise videos, Workout, Training plan, Workout results)

• Other content that might or might not be related to fitness content (Text, Videos, Images)

Personal Fitness information

You might select your personal training plan. If you do this you might enter some other fitness-related information and we collect information like the following to make it possible to track your success:

• Fitness information (weight, fitness goal)

• Fitness results (workout history, workout duration, date/time of workouts and results)

Payment and Subscribtion information

We offer subscribtions to access new features. For this we use the billing process provided by the Google PlayStore or Apple AppStore. We do not store any information about the person, duration of subscribtion, price, currency or VAT, but we store a payment ID that is provided by the payment partner and gives us access to this information.

Usage data

When you are using the Shapody service, we will collect some information about the usage of our service. This includes the following:

• Social behaviour (access times of contents, liked contents, saved contents, followed users, following users, search terms)

• Content creation, modification and deletetion (includes exercises, workouts, training plans or posts)

• Fitness behaviour (Workout results, change of training goal, accepted fitness provider)

• App use behaviour (Application opens/closes, device informationo, first launches)

Contact form

By filling the contact form, you authorize Shapody to use these information to reply to requests.

• Contact Information and Message (email address, name, message/question)

Use and processing of collected information

We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Shapody service. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.

We act in the capacity of a data processor in situations when you submit Personal Information to the Shapody service. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.

Functional usage

In order to make the Shapody service available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

• Create and manage user accounts

• Fulfill and manage orders

• Deliver Shapody products or services

• Improve Shapody products or services

• Send administrative information

• Send marketing and promotional communications

• Send product and service updates

• Respond to inquiries and offer support

• Request user feedback

• Improve user experience

• Deliver targeted advertising

• Enforce terms and conditions and policies

• Protect from abuse and malicious users

• Respond to legal requests and prevent harm

• Inform about the Shapody services

• Run and operate the Shapody service

In-App-Purchases

To unlock additional functionalities within the app, we offer subscriptions that are processed using in-app purchases. To do this, we need access to services and information in order to process the payment process and provide you with your functions.

Research usage

Please also note that your data will be used for research purposes. For this purpose, your personal data will be converted so that no personal data is left in the research data. It is therefore not possible to deduce your identity from this data. We can store, process, share and publish this data as required. As this is not personal data, this data cannot be deleted by the user from whom the original data were obtained.

Processing

Processing your Personal Information depends on how you interact with the Shapody service, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to European data protection law; (ii) provision of information is necessary for the performance of this Policy with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Shapody service.

We rely on the following legal bases as defined in the GDPR upon which we collect and process your Personal Information:

• User’s consent

• Legal claims and proceedings

• Protection of someone’s life

• Public interest or official function

• Our own legitimate interests

• Research or statistics for the benefit of the public

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

How Data is shared

Service Providers

Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Shapody service available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any information with unaffiliated third parties.

Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes. We will share and disclose your information only with the following categories of Service Providers:

• Advertising networks

• Affiliate programs

• Cloud computing services

• Communication and collaboration services

• Data storage services

• Financial services

• Government agencies

• Order fulfillment services

• Payment processors

• Sales and marketing services

• User authentication services

• Website hosting service providers

We use the following Service Providers for the Shapody service:

Google Play Services:
The Shapody app is available for download on the Google Play Store, which is a platform for distributing mobile applications provided by Google Ireland Limited. When you download and use the app from this store, Google collects usage and diagnostic data and may share aggregated information with the app's owner. It's important to note that much of this data processing is carried out with the option for users to consent or opt out. Users can choose to disable this analytics feature by adjusting their device settings. For further guidance on managing these analysis settings, please refer to the information provided on this page.

• Personal Data processed: Usage Data

• Place of processing: Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Apple App Store (Apple Inc.)
The Shapody app is available for download on Apple's App Store, a platform for distributing mobile applications provided by Apple Inc. When you download and use the app from this store, Apple collects basic analytics data and offers reporting features to allow the app's owner to access usage analytics and assess the Shapody app's performance. It's important to note that much of this data processing is carried out with the option for users to consent or opt out. Users can choose to disable this analytics feature by adjusting their device settings. For further guidance on managing these analysis settings, please refer to the information provided on this page.

• Personal Data processed: Usage Data

• Place of processing: United States

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

AdMob (Google Ireland Limited)
AdMob is an advertising service provided by Google Ireland Limited. To understand the use of Data please consult Google's partner privacy.

• Personal Data processed: Usage Data

• Place of processing: Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Google Analytics (Google Ireland Limited) Google Analytics is a web analysis service offered by Google Ireland Limited ("Google"). This service involves the collection of data to monitor and analyze the usage of the Shapody services, generate reports regarding its activities, and share these reports with other Google services. Google may also employ the data gathered to tailor and customize advertisements within its own advertising network to make them more relevant and contextualized.

• Personal Data processed: Usage Data

• Place of processing: Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Google Analytics for Firebase (Google Ireland Limited)
Google Analytics for Firebase, also known as Firebase Analytics, is an analytics service offered by Google Ireland Limited. To gain a comprehensive understanding of how Google uses data in this context, it is advisable to refer to Google's partner policy. Firebase Analytics has the capability to share data with other Firebase tools, such as Crash Reporting, Authentication, Remote Config, or Notifications. Users can refer to this privacy policy for a detailed explanation of the various services used by the app. It's important to note that Exercise Timer utilizes identifiers for mobile devices and technologies to operate the Firebase Analytics service.

• Personal Data processed: Usage Data, Account information

• Place of processing: Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Google Pay (Google Ireland Limited)
Google Pay is a payment service offered by Google Ireland Limited that enables users to make online payments using their Google credentials.

• Personal Data processed: specified in the privacy policy of the service

• Place of processing: Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Apple Pay (Apple Inc.) Apple Pay is a payment service provided by Apple Inc. that enables users to make payments using their mobile phones.

• Personal Data processed: specified in the privacy policy of the service

• Place of processing: United States

• Further information: Privacy Policy.

• Compliance: ?

Facebook Authentication (Facebook, Inc.) Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.

• Personal Data processed: specified in the privacy policy of the service

• Place of processing: United States

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant

Sign in with Apple (Apple Inc.)
We provide the registration and sign in with apple. For this purpose, we retrieve data to identify the user.

• Personal Data processed: specified in the privacy policy of the service

• Place of processing: United States

• Further information: Privacy Policy.

• Compliance: ?

Google Cloud Platform (Google Ireland Limited) We use the Google Cloud Platform to authenticate users during registration and sign-in, for data storage, data processing, data provision, maintenance and monitoring of Shapody services.

• Personal Data processed: specified in the privacy policy of the service, Automatic collection of technical information, Personal Fitness information, Usage data

• Place of processing: Deutschland, Ireland

• Further information: Privacy Policy.

• Compliance: Privacy Shield participant.

Strato services (Strato AG)
We use the services of Strato AG to provide our services. This includes a server for data storage and processing and a server for receiving, storing and processing emails.

• Personal Data processed: Content you share, conatact form

• Place of processing: Deutschland

• Further information: Privacy Policy.

• Compliance: DSGVO

Odoo services (Odoo SA)
We use the services of Odoo SA for accounting, marketing and provision of our website.

• Personal Data processed: Account information, Payment and Subscribtion information, Automatic collection of technical information, Contact form

• Place of processing: France, Belgium, Canada, Netherlands

• Further information: Privacy Policy.

• Compliance: DSGVO

Zoho services (Zoho Corporation Pvt. Ltd.) We use the services of Zoho Corporation Pvt. Ltd. as CRM.

• Personal Data processed: Account information, Payment and Subscribtion information, Contact form

• Place of processing: Worldwide

• Further information: Privacy Policy.

• Compliance: applies DSGVO

Shapody users

If you upload content to Shapody, it can be shared with other users. Additional information about your behavior can also be made available for other users. This includes the following data:

• Social behaviour

• Fitness behaviour

• Content you share

Law enforcement or legal requests

We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

How Data is processed

Managing information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Shapody service change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account in the Shapody service.

Retention time of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, to enforce our Policy, resolve disputes, and unless a longer retention period is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. However, this will not include countries outside the European Union and European Economic Area. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

Rights of the user

Data protection rights under the GDPR

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.

(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.

(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this Policy.

(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.

(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.

(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.

(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

How to exercise your rights?

Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Additional information

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Shapody service. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Shapody service, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Shapody service without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

Advertisements

We may display online advertisements and we may share aggregated and non-identifying information about our customers that we or our advertisers collect through your use of the Shapody service. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

We may also permit certain third-party companies to help us tailor advertising that we think may be of interest to Users and to collect and use other data about User activities in the Shapody service. These companies may deliver ads that might place cookies and otherwise track User behavior.

Social media features

Our Shapody service may include social media features, such as the Facebook buttons, Share This buttons, etc (collectively, “Social Media Features”). These Social Media Features may collect your IP address, what page you are visiting on our Shapody service, and may set a cookie to enable Social Media Features to function properly. Social Media Features are hosted either by their respective providers or directly on our Shapody service. Your interactions with these Social Media Features are governed by the privacy policy of their respective providers.

Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Push notifications

We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we rely on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.

Affiliate links

We may engage in affiliate marketing and have affiliate links present on the Shapody service for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.

Links to other resources

The Shapody service contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Shapody service and to read the privacy statements of each and every resource that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Shapody service cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data breach

In the event we become aware that the security of the Shapody service has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.

Changes and amendments

We reserve the right to modify this Policy or its terms related to the Shapody service at any time at our discretion. When we do, we will post a notification in the Shapody service, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Shapody service after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Shapody service and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Shapody service.

Contacting us

If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following data subject request form to submit your request:

https://www.shapody.com/contactus
contact@shapody.com

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on January 8, 2024

Definitions

Shapody service

The Shapody service ("Shapody service", "Service") includes all Shapody products, functions, websites, apps, services, technologies and software. We might also use the words "Shapody platform". This includes all Shapody products, websites and apps.

User

The individual using the Shapody service who, unless otherwise specified, coincides with the Data Subject.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

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, including the security measures concerning the operation and use of the Shapody service. The Data Controller, unless otherwise specified, is the Owner of Shapody.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.