Kinexit's Privacy Policy

Last updated: 25th May 2018

Defined terms in this privacy policy have the same meaning as in the Kinexit Terms of Service.

Kinexit provides the Service for training and exercise purposes. When you use the Service, you entrust us with your personal data. We are committed to keeping that trust. That starts with helping you understand our privacy practices. This privacy policy explains how we collect and use your personal data and cookies. It also describes your rights towards us and how you can exercise them. We will only use the personal data you provide in accordance with this privacy policy and the General Data Protection Regulation (EU 2016/679), GDPR.

Kinexit is the data controller for personal data processed in accordance with this privacy policy, unless stated otherwise.


Your Consent

  • 1.1 Some parts of the Service require personal data concerning health and body measurements, as further defined below (hereinafter referred to as “Health Data”). We need your consent to process Health Data. By checking the “I consent” box during account sign-up or as otherwise asked when using the Service, you give your consent to our processing of your Health Data.
  • 1.2We will only process Health Data with your consent for the explicit purposes instructed below as indicated under the field “Legal Basis” with the text “Your consent”.
  • 1.3 It is optional for you to consent to our processing of your Health Data.
  • 1.4If you do not consent, you may not be able to use all parts of the Service, nor provide us with any Health Data when using the Service.
  • 1.5 You may at any time withdraw your consent, as instructed in the Service. If you withdraw your consent, we will cease to process your Health Data. Withdrawal of consent does not affect the lawfulness of our processing of your Health Data prior to your withdrawal.


COLLECTION OF PERSONAL DATA

We will receive and collect personal data from you and from third parties when you are using the Service.


  • 2 PERSONAL DATA THAT YOU GIVE US
  • 2.1 You may choose to give us your personal data. This includes information submitted when you use the Service or if you contact us. We will process the following categories of personal data that you give us:
    • (a) When you create a user account: email address.
    • (b) When you choose to add and/or edit your user account details (you are free to decide what personal data to provide under this section, if any): name, date of birth, gender, phone number and your desired sport.
    • (c) If you give us your consent; when you choose to do performance tests of your physical conditions through the Service and to create customized training programs and exercises: Health Data, namely (i) your body measurements, i.e. height and weight, (ii) your performance and results from the physical tests, and (iii) if you want to restrict certain movements when exercising.
    • (d) When you choose to add data in My Log in the Service: Health Data, namely hours of sleep, performed exercises and sport activities.
    • (e) If you use the Service as an Expert: Your address and your country of residence.
    • (f) If you contact us: We may ask for additional personal data other than as informed above, in order to assist you.

  • 3 PERSONAL DATA THAT WE COLLECT USING COOKIES
  • 3.1 We may collect the following categories of personal data using cookies (as further instructed below) when you use the Service:
    • (a) Device information: We will use cookies to collect information about the device you use to access the Service, including the device identifier, geolocation, and IP-address.
    • (b) How you use the Service: We will use cookies to collect information on how you use the Service, such as information regarding how often you visit the Service and which pages you visit on the Service.

  • 4 PERSONAL DATA THAT WE RECEIVE FROM THIRD-PARTY SOURCES
  • 4.1 We will process personal data that we collect from third-party sources. The following categories of personal data may be collected:
    • (a) If you choose to connect your Facebook and/or Google account with your Kinexit account: name, email, date of birth, gender, and other public info.


OUR USE OF PERSONAL DATA


  • 5 How WE USE AND KEEP YOUR PERSONAL DATA
  • 5.1 We use your personal data to be able to provide the Service and fulfill our commitments towards you. We process personal data based on the following legal grounds.
    PURPOSE OF THE PROCESSING LEGAL BASIS CATEGORIES OF PERSONAL DATA HOW LONG WE KEEP YOUR PERSONAL DATA
    To create your account. Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a)
    The shortest of:
    • (a) three (3) months’ following termination of the account, or
    • (b) one (1) year following the end of your last active subscription.
    To provide the Service to you and to administer your account (not including Health Data). Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a) - (b)
    3.1 (b)
    4.1 (a)
    The shortest of:
    • (a) three (3) months’ following termination of the account, or
    • (b) one (1) year following the end of your last active subscription.
    To provide you with customized training and exercise programs, as well as provide you with the possibility to conduct performance tests. Your consent As informed in Section(s):
    2.1 (c)
    The shortest of:
    • (a)until you withdraw your consent,
    • (b) for three (3) months’ following termination of your account, or
    • (c) one (1) year following the end of your last active subscription.
    To provide you with a logbook named My Log, in which you can track your sleeping patterns, exercises and other related functionality. Your consent As informed in Section(s):
    2.1 (d)
    The shortest of:
    • (a)until you withdraw your consent,
    • (b) for three (3) months’ following termination of your account, or
    • (c) one (1) year following the end of your last active subscription.
    To ensure that content is presented in the most effective manner for you and for your device. Fulfill our contractual obligations towards you. As informed in Section(s):
    3.1 (a)
    During the web session.
    To provide you with content, such as exercises and training programs, that we think is relevant for you. Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a) - (b)
    3.1 (b)
    4.1 (a)
    The shortest of:
    • (a) three (3) months’ following termination of the account, or
    • (b) one (1) year following the end of your last active subscription.
    To facilitate the connection and interaction between End-User and Expert through the Service. Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a) - (b) 4.1 (a)
    For as long as your account is linked to the Expert, until:
    • (a) deactivated by you, or
    • (b) until your account is terminated.
    To share End-User’s Health Data with an Expert, provided that End-User has given its consent and has connected its account with such Expert. Your consent As informed in Section(s):
    2.1 (c) - (d)
    The shortest of:
    • (a) until you withdraw your consent
    • (b) for as long as your account is linked to the Expert,
    • (c) for three (3) months’ following termination of your account, or
    • (d) one (1) year following the end of your last active subscription.
    Send you information regarding us, your use of the Service and information relating to your connected Expert. Fulfill our contractual obligations towards you. Your e-mail address, as well as informed in Section(s):
    2.1 (b)
    3.1 (b)
    For as long as we send out such information, unless you unsubscribe.
    To provide assistance if you contact us. Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a)
    2.1 (f)
    For as long as is necessary to assist you.
    To understand user behavior and preferences. Fulfill our contractual obligations towards you. As informed in Section(s):
    2.1 (a) - (b)
    2.1 (a) - (b)
    For six (6) months.
    To improve the Service, for general business development purposes and to develop new products and features. Pursue legitimate interest. As informed in Section(s):
    3.1 (a)
    3.1 (b)
    For six (6) months.
    To administer payments through the third-party payment provider, or to send invoices. Fulfill our contractual obligations. As informed in Section(s):
    2.1 (a) or
    4.1 (a), as well as:
    3.1 (b)
    The longer of:
    • (a) six (6) months, or
    • (b) until the invoice is paid by the third party,
    Notwithstanding the above, data needed to comply with applicable law will be kept for a longer time period.
    To be able to enter into the European Commission’s Standard Contractual Clauses with Experts, in accordance with the Terms. Comply with applicable law As informed in Section(s):
    2.1 (e)
    As long as necessary or mandated to comply with applicable law.
    To comply with applicable law, such as book keeping laws. Comply with applicable law   As long as necessary or mandated to comply with applicable law, such as for book keeping purposes (i.e. 3 or 7 years, depending on the type of data).
  • 5.2 Your personal data will be deleted or anonymized by us when the processing is no longer necessary for the purposes stated above, except if required by applicable laws. In such case, we keep the data only as long as necessary or mandated by law for such purpose, such as for book keeping purposes.

  • 6 SHARING OF PERSONAL DATA AND HEALTH DATA WITH EXPERTS
  • 6.1 If you choose to connect your account with an Expert, we will make your personal data available to such Expert through the Service. We will make available to the Expert relevant parts of the personal data you have chosen to provide to us as described in the sections 2.1 (a) – (b) and 4.1 (a). Further, if you give your consent to us processing your Health Data, we will also make available to the Expert your Health Data, as described in sections 2.1 (c) – (d).
  • 6.2 An Expert may not use and/or extract any personal data (including Health Data) shared with the Expert in accordance with section 6.1 outside of the Service, unless otherwise agreed in writing with Kinexit or agreed with the specific End-User to which the personal data relates.
  • 6.3 If an Expert extract any personal data (including Health Data) of any End-User from the Service, the Expert will be the data controller for such collection and processing of personal data. If you have any questions regarding an Experts processing of personal data outside of the Service, contact the Expert
  • 6.4We will only share personal data under Sections 6.1 to the extent necessary to fulfil our contractual obligations with you and, additionally, with your consent, as the case may be. If the Expert is located in a country outside of the EU/EEA, the personal data will be transferred to such third country using the EU Commission’s Standard Contractual Clauses.

  • 7 SUBCONTRACTORS
  • 7.1 We use subcontractors to provide the Service. When doing so we may transfer your personal data to subcontractors for the performance of our contractual obligations towards you and for the other purposes described in this privacy policy. We use the following categories of subcontractors:
    Subcontractor name Provided from Transfer mechanism Services provided
    Intercom, Inc EU/EEA and the U.S. EU-U.S. Privacy Shield Framework Messaging services and support
    Upsales Nordic AB EU/EEA Not required Customer relations management software
    GoDaddy.com, LLC U.S. EU-U.S. Privacy Shield Framework Hosting services
    Stripe, Inc EU/EEA and the U.S. EU-U.S. Privacy Shield Framework Payment services
    Plivo, Inc EU/EEA and the U.S. EU-U.S. Privacy Shield Framework SMS messaging services
    Taxamo EU/EEA Not required Tax services
    Drip U.S. EU-U.S. Privacy Shield Framework Emailing services
    Leadpages U.S. EU-U.S. Privacy Shield Framework Landingpages services
    ProfitWell U.S. EU-U.S. Privacy Shield Framework Business and Professional Services
  • 7.2 Some of the subcontractors we share your personal data with are located outside the EU/EEA (in a third country). Depending on which part of the Service you use, your personal data may be transferred to the United States. When doing so we are committed to protect your data and comply with applicable data protection laws and will therefore put in place adequate safeguards to protect your personal data, such as the EU Commission’s Standard Contractual Clauses, or transfer the personal data to subcontractors certifie d in accordance with the EU-U.S. Privacy Shield Framework.
  • 7.3 We may disclose necessary personal data to authorities such as the police, tax agencies or other authorities if we are required by law or you have agreed to it. An example of legally required sharing is for the purposes of anti-money laundering and counter-terrorist financing.

  • 8 COOKIES
  • 8.1 We use cookies when providing the Service, to enhance and facilitate your experience, and to create statistics regarding your use of the Service. A cookie is a small text file that contains text information which is saved on your device. We use two types of cookies, session cookies that expire when you close the browser, and permanent cookies which are stored until they expire.
  • 8.2If you do not want to accept cookies, you may adjust your web browser settings either to not accept cookies or to indicate when a cookie is used. Please note, by disabling cookies some features on the Service might not work as intended.


Miscellaneous


  • 9 YOUR RIGHTS
  • 9.1 You may at any time withdraw your consent, as instructed in the Service. If you withdraw your consent, we will cease to process your Health Data. Withdrawal of consent does not affect the lawfulness of our processing of your Health Data prior to your withdrawal.
  • 9.2 You have a right to access your personal data. Therefore, you may request a transcript of records if you would like to know and verify your personal data stored and processed by us. The request must be made in writing including a verification of you, and sent to the address below.
  • 9.3 We take all reasonable steps to ensure that your personal data is correct and up-to-date. You have the right to correct inaccurate or incomplete information about yourself. If you believe that your personal data stored by us is incorrect, please notify us and provide us with the correct data.
  • 9.4 You have the right to request the deletion of your personal data insofar as this personal data is no longer necessary for the purpose it was collected (“right to be forgotten”). However, certain legal obligations prevent us from immediately deleting all your data, such as obligations in accounting laws, tax laws and anti-money laundering laws. Data that must be preserved for legal reasons will be blocked from use for any other purposes than meeting such legal requirements.
  • 9.5 You have the right to object to our processing of your personal data. The effect may be that you are no longer able to use the Service. If you object, we will stop the processing of your personal data.
  • 9.6 You have a right to data portability. In case you want to utilize such right, please contact us by using the information below.
  • 9.7 If you have any inquiries regarding our processing of your personal data, please contact us. If you are displeased with our processing of personal data, you may file a complaint to the Swedish Data Protection Authority (Sw. Datainspektionen), www.datainspektionen.se, with the equivalent authority in the EU-member state where you live, or with the relevant authority in your country of residence, if any.

  • 10 SECURITY
  • 10.1 We are using adequate technical and organizational security measures to ensure that your personal data is not misused, lost, or unlawfully accessed. We only give access to your personal data to those employees who require it to provide the Service.

  • 11 UPDATES TO THIS POLICY
  • 11.1 We may occasionally update this privacy policy. If we make significant changes, we will notify you of the changes through the Service or through other means, such as email. To the extent permitted under applicable law, by using the Service after such notice, you accept the updates.
  • 11.2 We encourage you to periodically review this privacy policy for the latest information on our privacy practices.

  • 12 CONTACT INFORMATION
  • 12.1 If you have any questions regarding our processing of your personal data, or any question, complaint, or claim, please contact us at:

    Kinexit Sweden AB, reg. 556999-5185
    Address Hälsingegatan 49, 113 31 Stockholm, Sweden
    Email: Admin@Kinexit.com