Privacy Policy

Maxout is an app that enables you to reach your fitness goals by supporting you to create and manage your fitness schedule. In order to deliver the best user experience, we need to collection and process some personal information.

This privacy policy is to let you know how the Maxout Beta Program collects and processes your personal data. This policy provides you with information regarding your rights and explains how, why and when we collect and process your personal data.

Our privacy policy is structured as follows:

I. Definitions
II. Information about us as controllers of your data
III. Information about Collection and Use of Personal Data
IV. The rights of users and data subjects
V. Changes to this Privacy Policy
VI. Contact Us

I. Definitions

For the purposes of this Privacy Policy, following words of which the initial letter is capitalized have meanings defined under the following conditions. These definitions have the same meaning regardless of whether they are used in singular or plural.

  • You means the individual using the Service
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to the company operating Maxout: Aheenam UG (haftungsbeschränkt), Arminiusstr. 6, 45721 Haltern am See, Germany.
  • Product means the web app that can be accessed under https://my.getmaxout.app
  • Site means the website available under the domain http://getmaxout.app
  • Services means any other services that we may provide for services, such as customer support, social media, community channels and other websites
  • Account means the user account created by You to access and use the Product
  • Personal Data is any information that relates to an identifiable individual (including already identified individuals)
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Usage Data refers to data collected automatically, either generated by the use of the Product, Site or Services or from Their infrastructure (for example, the duration of a page visit).
  • Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, We are a Data Controller of your Personal Data (See II.)
  • Service Providers means any natural or legal person who processes the data on behalf of the Data Controller. We may use various Service Providers in order to process your data more effectively.
  • Processing (or Process) means any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

II. Information about us as controllers of your data

The party responsible for this website (the "Data Controller") for purposes of data protection law is:

Aheenam UG (haftungsbeschränkt)
Arminiusstr. 6
45721 Haltern am See
Germany
Telephone: Upon Request via Email
Email: rathes@aheenam.com

III. Information about Collection and Use of Personal Data

We collect several different types of information for various purposes to provide and improve our Product and Site for you.

Personal Data

While using our Product, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal Data includes, but is not limited to:

  • Email address
  • First name and last name
  • Fitness Data such as the workouts and exercises that you add using the Product
  • Non-personally identifiable personal data for usage

Usage Data

On the Site, we do not collect information such as your computer's Internet Protocol address (e.g. IP address), browser version, unique device identifiers or any other similar data; all data collected data is without personal information.

However, Usage Data is collected when you use the Product. We need them in order provide with the best possible customer experience.

Usage Data may include, but is not limited to, information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Product that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Cookies

Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

Usage of cookies

We use both session and persistent Cookies in our Product. This Processing makes our Product more user-friendly, efficient, and secure. See detailed description of purpose of the Cookies below.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our Product. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

  • Strictly Necessary Cookies

    Type: Session Cookies
    Purpose: These Cookies are essential to provide You with services available through the Site and Product and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the Product cannot be provided, and We only use these Cookies to provide You with the Site and the Product.

  • Functionality Cookies

    Type: Persistent Cookies
    Purpose: The purpose of these Cookies is to provide You with a more personal experience in the Site or Product and to avoid You having to re-enter your preferences every time You use the Site or Product. These Cookies also ensure that We are able to roll out new (and possibly unstable) features to the Site and the Product in a controlled way.

  • Analytical and Performance Cookies

    Type: Persistent Cookies
    Purpose: These Cookies are used to track information about traffic to the Product and how users use the Product. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. We do not use Cookies for analytical purposes on our Site.

Disabling Cookies

You can refuse the use of Cookies by changing the settings on your browser. Likewise, you can use the browser to delete Cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support.

If you prevent or restrict the installation of Cookies, not all of the functions on our Site and Product may be fully usable.

Use of Data

We use the collected Data for various purposes:

  • To provide and maintain our Site and Product, including internal operations such as troubleshooting, data analysis, testing and research
  • To manage Your Account
  • To carry out our obligations arising from any contracts entered into between You and Us, for example, the contract which governs how we provide the Product and Site to You
  • To provide customer support to You
  • To provide You with information about other goods, services or special offers and events that we may offer that are similar to those the Product or Site or anything You enquired about
  • To manage Your requests and notify you about changes to the Product or Site
  • To improve the Services and to ensure that content from the Site is presented in the best possible way on Your devices

Retention of Data

We will retain Your Personal Data only for as long as necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Product or Site, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

Your personal information may be stored and processed in any country where we operate, or where other companies provide services to us. By submitting your personal information, you're agreeing to let us store it in, and transfer it to these countries.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Security of Data

The security of your data is important to us but unfortunately no method of transmission over the Internet or method of electronic storage is 100% secure. While we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to the Product, Site or Services; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Disclosure of Your Personal Data

If this Company is subject to a merger or acquisition, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. You will have the opportunity to clear Your Personal Data before the transfer happens.

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities such as a court or the government.

Links to Other Sites

Our Site contains links to other sites that we have no control over. If you click such a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Service Providers (Third Parties)

We may use the services of third party companies and individuals to facilitate our Product, Site or Services ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

  • Fathom Analytics

    Fathom Analytics is the analytics service that We use on the Site. You can visit their Privacy Policy page here: https://usefathom.com/privacy

  • Email Octopus

    The beta waiting list, the newsletter and the Onboarding emails are sent using Email Octopus. You can visit the Privacy Policy page here: https://emailoctopus.com/legal/privacy

  • Twitter

    We maintain an online presence on Twitter to present our services and to communicate with customers/prospects. Twitter is a service provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

    We would like to point out that this might cause user data to be processed outside the European Union, particularly in the United States. This may increase risks for users that, for example, may make subsequent access to the user data more difficult. We also do not have access to this user data. Access is only available to Twitter.

    The privacy policy of Twitter can be found at https://twitter.com/privacy

  • Instagram

    To advertise our products and services as well as to communicate with interested parties or customers, we have a presence on the Instagram platform.

    On this social media platform, we are jointly responsible with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.

    The data protection officer of Instagram can be reached via this contact form: https://www.facebook.com/help/contact/540977946302970

    We have defined the joint responsibility in an agreement regarding the respective obligations within the meaning of the GDPR. This agreement, which sets out the reciprocal obligations, is available at the following link: https://www.facebook.com/legal/terms/page_controller_addendum

    The legal basis for the processing of the resulting and subsequently disclosed personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, communication, sales, and promotion of our products and services.

    The legal basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with the platform operator at any time with future effect.

    When accessing our online presence on the Instagram platform, Facebook Ireland Ltd. as the operator of the platform in the EU will process your data (e.g. personal information, IP address, etc.).

    This data of the user is used for statistical information on the use of our company presence on Instagram. Facebook Ireland Ltd. uses this data for market research and advertising purposes as well as for the creation of user profiles. Based on these profiles, Facebook Ireland Ltd. can provide advertising both within and outside of Instagram based on your interests. If you are logged into Instagram at the time you access our site, Facebook Ireland Ltd. will also link this data to your user account.

    If you contact us via Instagram, the personal data your provide at that time will be used to process the request. We will delete this data once we have completely responded to your query, unless there are legal obligations to retain the data, such as for subsequent fulfillment of contracts.

    Facebook Ireland Ltd. might also set cookies when processing your data.

    If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Cookies that have already been saved can be deleted at any time. The instructions to do this depend on the browser and system being used.

    Details on the processing activities, their suppression, and the deletion of the data processed by Instagram can be found in its privacy policy: https://help.instagram.com/519522125107875

    It cannot be excluded that the processing by Facebook Ireland Ltd. will also take place in the United States by Facebook Inc., 1601 Willow Road, Menlo Park, California 94025.

  • Google Fonts

    Our Site and Product use Google Fonts to display external fonts. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

    To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

    The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.

    When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.

    Google offers detailed information at https://policies.google.com/privacy in particular on options for preventing the use of data.

Children's Privacy

Our Service does not address anyone under or the age of 13. We do not knowingly collect personally identifiable information from anyone under or the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us so that we can take measures to delete the data.

If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take measures to remove that data from Our servers.

IV. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
  • In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

V. Changes to this Privacy Policy

We may update our Privacy Policy. In the case of changes the new Privacy Policy can be found on this page. Additionally, we will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective. You are advised to review this Privacy Policy periodically for any changes.

This Privacy Policy is effective from January 16th, 2021

VI. Contact Us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to rathes@aheenam.com

Should you have cause to complain about how we handle your personal data, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you can contact the data protection commission of NRW or any other state in Germany.