A. Conditions of Use
1. Scope of Validity
1.1 “Swim Trainer” is a mobile software application by Philipp Stachelsky, Friedrichstr. 123, 10117 Berlin, Germany, (hereinafter referred to as “us” or “we”).
1.2 These conditions of use regulate the relationship between us and the users of “Swim Trainer”.
2. Offer, Registration, Participation conditions
2.1 “Swim Trainer” is a mobile software application that allows users to create workouts and training plans for swimming (hereinafter also referred to as “App”). These workouts can be uploaded to a smartwatch via the App. When users operate their smartwatch during swimming, the data is then synchronized with the App and can be viewed there.
2.2 Users are advised not to use the app without prior medical consultation. The content of the app does not replace medical and health advice but represent a support to improve and maintain the general condition. Before users implement the plans, tips and advice contained in the exercises, they should have their health checked by a doctor, as individual physical, and medical characteristics (pre-existing conditions) may mean that certain exercises are not suitable for users.
2.3 The technical requirements for using the app are an end device (smartphone, tablet, etc.), internet access and a smartwatch (Garmin and Fitbit).
2.5 We strive to continually develop and maintain the offer and to make it available. It is continuously developed and, after proper consideration, is adapted to various factors, such as the needs of the User, the requirements of the market and the technical and economic situation. As a result, the offer includes the applications in their current stage of development. Users have no right to demand that the offer remains unchanged in terms of its content and scope or that it retains certain functions. Neither does any claim exist for the offer to always be available and retrievable or that it be free of errors. Nevertheless, we strive for constant availability and functionality of the app.
2.6 We can also not ensure that the application will work equally well on all end devices. The overall usability and the accuracy of the given user location depend on circumstances which we cannot influence (Users’ hardware, data speed, the services of third parties, etc.).
2.7 We also reserves the right not to no longer make the software, or parts thereof, available.
2.8 The user is also aware that by using the app and activating it, the battery level of his device and his data volume can be affected.
2.9 The User undertakes to refrain from any activity which affects or might affect the functional capabilities of our offer (e.g. by means of software or other scripts).
3.1 The use of the basic version of the app is free of charge.
3.2 The chargeable functions of the app are only possible after buying a subscription. The price and the duration of the various subscription options are displayed to the user in the App Store.
3.2 We point out that the use of the app may incur further costs of the service provider on the part of the user, which are beyond our control.
4. Granting of rights to users for the use of the app
4.1 We hereby grant Users the right to use the Application for the purpose set forth in these Terms and Conditions under this Agreement.
4.2 Any further use of the content and the app, in particular duplication, distribution and decomplication, is not permitted without explicit permission.
The legal liability law applies.
7. Rights of the Operators of this Application
8. Applicable Law, Contractual Language, Final Clause
8.1 The law of the Federal Republic of Germany shall apply for the contractual relationship between the User and us insofar as no mandatory regulations contradict such. The contractual language is English.
8.2 Should one or more of the provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the ineffective provision with a valid provision that best achieves the contractually agreed result.
Below we provide information about the processing of data when using the app.
1. Responsible authority
Responsible in regard for the processing data: Philipp Stachelsky, Friedrichstr. 123, 10117 Berlin, Germany. More contact details: www.website.com/impressum
2. Scope of data processing
We process personal data provided by the user within the scope of this contract for a specific purpose and in accordance with the statutory provisions. For using the app, we store the following data of the user:
- data provided via the app store (e-mail address, username)
- technical information (device ID, operating system version, browser)
- data recordings during sport activities (heart rate)
- as well as further data if these are provided voluntarily by the users in the context of the use of the app
This processing is carried out to fulfil the contract of use according to Art. 6 para. 1 lit. b GDPR.
The data will be stored until the user deletes his account or asserts his data protection right to delete.
3. Data transfer
Personal data will be treated as strictly confidential and will not be disclosed to third parties unless expressly consented to by the users. An exception applies if this is necessary in the context of the performance of the contract or if there is a legitimate interest.
4. Rights of the Persons Concerned
Users have the right
- to request information about your personal data processed by us pursuant to Art. 15 GDPR;
- in accordance with Art. 16 GDPR, immediately demand the correction of incorrect or complete personal data stored with us;
- to demand the deletion of your personal data stored by us pursuant to Art. 17 GDPR;
- to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR;
- to receive, in accordance with Art. 20 GDPR, your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;
- according to Art. 7 para. 3 GDPR, to revoke your once given consent to us at any time. As a result, we are no longer allowed to continue the data processing based on this consent for the future, and
- to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our law office.
If your personal data are processed based on legitimate interests according to Art. 6 para. 1 S. 1 letter f GDPR, you have the right to file an objection to the processing of your personal data according to Art. 21 GDPR, insofar as reasons for this exist which result from your specific situation or if the objection is directed against direct advertising. In the latter case, you have a general right to object which is implemented by us without indication of a specific situation.