Privacy Policy
Privacy Policy
Last update: 06.08.2020
Our contract and usage language is German – the German Terms of Service as well as the German Privacy Policy apply.
Your privacy is important to us. This Privacy Policy (the “Policy”) describes how Aerotune GmbH (“Aerotune,” “we,” “us,” and “our”) is committed to protecting your privacy when you use our website (https://aerotune.com (aeroDATA) referred to as “Site”) and mobile and other software applications (aeroAPP) that display or reference this Policy. We developed this Privacy Statement so you know how we collect, use, share, store and handle your personal information. This Policy is part of and incorporated into the Terms of Service for the site. To review the full Terms of Use for the site, please visit https://aerotune.com.
This Policy applies to all information you upload or provide to the site and all data and information we collect from you through your use of the site (“information”).
We are operating from the Federal Republic of Germany and are applying the laws, limits, provisions and regulations of the Federal Data Protection Act of the Federal Republic of Germany. This act may not be as restrictive as the legal framework your privacy is protected in your country. According to this act we collect, use and store your personal information. For the Privacy Policy and the general legal relationship between the user of the aeroDATA platform and Aerotune GmbH, the law of the Federal Republic of Germany applies. Contract language is German.
We collect, use and store the personal information provided by the customer exclusively within the framework of the provisions of the Federal Data Protection Act of the Federal Republic of Germany.
By using the website, the customer agrees to the collection, processing and use of personal information according to the following description. Before placing the order to carry out an “aeroTEST” or participating in an “aeroTESTDay”, and before registering a user profile on the “aeroDATA”, the customer must agree to the privacy policy, as without consent a calculation and evaluation of the “aeroTEST” and registration on the “aeroDATA” is not possible, a transfer of the collected data, in particular for advertising purposes or market research to third parties, will not take place without the consent of the customer.
We encourage you to read our complete Privacy Policy, however here is a summary of our principles. This policy applies to all information you upload or provide to the site and all information we collect from you through your use of the site. This information includes both information that may be reasonably associated with, linked to you, or used to identify you, allowing you to be personally identified or contacted (“personal” information) and information that may not by itself be reasonably associated with, linked to, or used to you (“non-personal” information). This includes all test data, equipment data, route data, and any other information that you or a bikefitter/coach upload or enter into your account on the site.
• Your privacy is critically important to us and we handle your information accordingly.
• We allow you to “opt out” of certain uses of your information and give you several ways to control the privacy of your personal information. We will continuously work to enhance privacy options available to you.
• We use your information to provide you with products, services, and information.
• We don’t share your personal information with anyone without your consent except to comply with the law, develop our products and services, or protect our rights.
• Information you upload or post to https://aerotune.com may be seen by others depending on your privacy settings.
• We aggregate and de-identify information about our customers to use for business purposes, e.g. evaluation of equipment.
• We may combine the information we collect about you with information collected from other sources.
• We may share your information with third parties in some situations, such as in processing registration and payment for our site, administering our site, and for advertising and direct marketing.
• We may share your information with your bikefitter and/or coach.
• Since nothing is 100% secure we cannot promise that your information will remain protected at all times. However, we will take reasonable and appropriate measures to secure your information and will do everything within our powers to keep these safeguarded.
(1) Any access to our website and any retrieval of a file deposited on this website shall be recorded. The storage serves internal system-related and statistical purposes. Logged: Name of the retrieved file, date and time of the retrieval, transmitted data volume, message of successful retrieval, web browser and requesting domain. Additionally, the IP addresses of the requesting computers are logged.
(2) Our website uses cookies. A cookie is a text file that is sent when you visit a website and is temporarily stored on the hard disk of the user of the website. If the relevant server of our website is called again by the user of the website and / or customer, the browser of the user of the website and / or of the customer sends back the previously received cookie back to the server. The server can then evaluate the information obtained by this procedure in various ways. Cookies can, for example, control advertising inserts or facilitate navigation on a website. If the customer wants to prevent the use of cookies, he can do this by making local changes to his settings in the Internet browser used on his computer, i.e. the program for opening and displaying Internet pages (e.g. Internet Explorer, Mozilla Firefox, Opera or Safari) .
“Personal information” is information that, either alone or in combination with other information collected, identifies an individual. When we combine other information (i.e., information that does not, on its own, identify an individual) with personal information, we treat the combined information as personal information.
(1) Personal data are collected only if the customer makes the website voluntarily, for example, within the framework of a request or registration or to conclude a contract or through the settings of its browser. According to § 3 para. 1 Federal Data Protection Act, personal data are individual details of personal or factual circumstances of a particular or identifiable natural person. When you create an account on the https://aerotune.com website or mobile applications, we ask you to provide personal information, including your name and email address. You do not need to provide your full name, but you may if you wish. You will use your email address and your password to login to your account. Your account will be password-protected. We use your name to help verify your account when you call or contact customer support. You can share additional information about yourself including physical address, date of birth, equipment usage, activities, routes (including date, time and geo-location information as well as your speed and pace).
(2) The collection and storage of the data sets from the power meter and the GPS device for the execution of the “aeroTEST” is carried out by a third company and not by us as the responsible agency. Third party is any person or body outside the responsible office (§ 3 para. 8, p. 2 Bundesdatenschutzgesetz).
(3) The first-time data collection, processing and storage of the data records is therefore not carried out by us. With regard to the creation and storage of the data sets, the data protection guidelines of the respective manufacturer of the power meter and GPS device you are using apply. We therefore cannot stand for the legally permissible first-time collection, processing and storage of the personal data from the data records.
(4) Our website collects personal data, in particular by registering on the “aeroDATA” platform and uploading the recorded data records as * FIT or *SIG format. Your physical location, power data, speed and direction recorded with your device will be needed to calculate your CdA through our aeroTEST. You have the opportunity to delete your recorded data after you have evaluated your aeroTEST. Your aeroTEST data will only be shared with others if you choose so through the privacy settings.
You may delete your contacts’ information by updating your privacy settings https://aerotune.com or by updating your device’s permission settings.
(5) You may submit comments and other content to be shared. In addition, Aerotune will collect your credit card or other payment information if you choose to become a member of Aerotune’s Premium services.
The complete file is stored on our server until it is revoked.
In so far as the personal data are transmitted to us for the first time, we collect, store, alter, transfer or use the personal data merely as a means for the fulfillment of our own business purposes pursuant to § 28 (1) Bundesdatenschutzgesetz.
This applies to the following cases:
If it is necessary for the establishment, execution or termination of a legal or similar transaction with the Client, in so far as it is necessary to safeguard our legitimate interests and there is no reason to believe that the customer ‘s legitimate interest in the exclusion of processing or use prevails; If the data are generally accessible or we are allowed to publish the data unless the customer’s legitimate interest in the exclusion of processing or use is obviously beyond our legitimate interest.
We may obtain personal information from other third parties regarding your data. For example; if you register with a third party provider, e.g. your bike fitter, your GPS or power meter provider, to participate in one of the services offered through our site, we may automatically import the information you provide to that third party into your account for the site.
You may choose to login to your https://aerotune.com account using your social media login credentials (e.g., your Facebook login credentials). If you choose to do this, when you login to your https://aerotune.com account using social media login credentials for the first time, you will be asked whether you agree that the social media provider may provide certain information to Aerotune, such as your name, email address, and other information associated with your social media account.
All of this information is made available to Aerotune by the social media provider due to the way the social sign-on configuration works, but of this information, Aerotune only retains and uses your email address. Aerotune uses the email address provided by the social media provider to associate it with your Aerotune account so that you can use your email address to login to your Aerotune account in the future if you no longer wish to login using your social media login credentials.
If you do not want your information to be shared with Aerotune by the social media provider, then you can simply login to your Aerotune account using your Aerotune account login credentials without using your social media login credentials.
Personal Information Sent to Us by Your Web Browser, Mobile Device or Bike Equipment.
We collect Personal Information that is sent to us automatically by your web browser, mobile device. or your power meter and speed sensor. This Information may include, for example, your IP address, the address of the web page you were visiting when you accessed the Site, the name of your operating system, the name and version of your browser, your mobile device identifier, your location, your wireless carrier and mobile phone number, the date and time of your visit, the powermeter and speedsensor ID. The Personal Information we receive depends on the settings on your web browser and mobile device. Please consult the documentation for your web browser or mobile device regarding how to adjust the Personal Information you share through your web browser or mobile. Your powermeter ID is used to identify you as a client.
Our services are not intended for use by children under the age of 16. We do not knowingly collect such information. If you believe we may have accidentally received such information, please contact us immediately via info@aerotune.com
Aerotune may use further personal information for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographic, user interest, purchasing and other trends among our customers.
If you have a Bike fitter Client Account or a Coach Account, we may provide your content (as defined in the Terms of Use) and other personal information to the bike fitter or your coach with whom your account is linked. This information may be used by the coach, bike fitter or coach for any purpose you have agreed upon with your sponsor, bike fitter or coach, for example your coach may use your personal information to advertise to you. It is your responsibility to have an agreement with your sponsor, bike fitter or coach regarding the bike fitter’s or coach’s use of your content and information. Aerotune has no control over such usage and will not be liable to you for any disclosure of your content or information by a trainer/coach. IF YOU DO NOT WANT YOUR INFORMATION TO BE MADE AVAILABLE TO A BIKE FITTER or COACH, YOU SHOULD RE-DESIGNATE YOUR ACCOUNT AS AN ATHLETE ACCOUNT AS DESCRIBED IN THE TERMS OF USE.
The customer may revoke the consent given in the collection, storage and processing of the above data at any time with effect for the future, § 28 para 3 a Bundesdatenschutzgesetz. The deletion of the stored personal data takes place if the customer revokes the consent to the storage, if their knowledge for the fulfillment of the purpose pursued with the storage is no longer necessary or if their storage for other legal reasons is prohibited. Data for billing purposes and for accounting purposes are not affected by a deletion requirement. The statutory retention and deletion deadlines according to § 35 Bundesdatenschutzgesetz apply. On written request, we inform customers about the data stored on his / her behalf. The claim for information includes the data stored on his / her personal data, also to the extent that they relate to the origin of this data, the recipient or the categories of recipients to whom data are passed on and the purpose of the storage in accordance with § 34 Bundesdatenschutzgesetz in the imprint of the website.
The provider of the pages automatically collects and saves information in so-called server log files, which your browser automatically transmits to us. These are:
• Browsing Type and Browser Version
• Operating system used
• Referrer URL
• Hostname of the accessing computer
• Time of server request
These data cannot be attributed to specific persons. This data is not merged with other data sources. We reserve the right to review these data at a later date if concrete indications of unlawful use become known to us.
If you would like to receive the newsletter offered on the website, we require an email address of you as well as information which allow us to verify that you are the owner of the email address and agree to receive the newsletter. Further data is not collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.
You may revoke your consent to the storage of the data, the email address and its use for the sending of the newsletter at any time, for example, via the “Unsubscribe” link in the newsletter.
If you send us inquiries by means of a contact form, your information from the inquiry form, including the contact data you provide there, will be saved by us for the purpose of processing the inquiry and for the case of connection questions. We do not pass on this data without your consent.
This website uses features of the web analytics service Google Analytics. Provider is the Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and allow you to analyze the use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there.
For more information about how to deal with Google Analytics user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de
You can prevent cookies from being saved by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to fully utilize all the functions of this website. In addition, you can prevent Google from tracking the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link And install: https://tools.google.com/dlpage/gaoptout?hl=e
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie is set that prevents the collection of your data on future visits to this site: Disable Google Analytics
We use the “Activation of IP anonymization” function on this website. However, this will reduce your Google IP address previously within Member States of the European Union or in other States Parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to the use of the website and the Internet against the website operator. The IP address provided by your browser as part of Google Analytics will not be merged with other Google data.
On our pages, plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated. You can recognize the Facebook plugins on the Facebook logo or the “Like-Button” on our page. An overview of the Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/ .
When you visit our pages, the plug-in creates a direct connection between your browser and the Facebook server. Facebook will be informed that you have visited our site with your IP address. If you click the Facebook “Like button” while you are logged in to your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate the visit of our pages with your user account. We would like to point out that as a provider of the pages we do not receive any knowledge of the content of the transmitted data as well as their use by Facebook. For more information, see Facebook’s Privacy Statement at http://de-en.facebook.com/policy.php.
If you do not want Facebook to associate the visit of our pages with your Facebook user account, please log out of your Facebook user account.
Functions of the Twitter service are integrated on our sites. These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the pages you visit are linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We would like to point out that as a provider of the pages we are not aware of the content of the transmitted data as well as their use by Twitter. For more information, see the Twitter privacy policy at http://twitter.com/privacy .
Your privacy settings on Twitter can be found in the account settings at: http://twitter.com/account/settings
Our pages use Google+ features. Provider is the Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.
Capture and share information: The Google + button lets you publish information worldwide. The Google + button gives you and other users personalized content from Google and our partners. Google stores both the information that you gave +1 for a content, as well as information about the page you saw when you clicked +1. Your +1 can be viewed as a clue, along with your profile name and photo, in Google services, such as search results, your Google profile, or elsewhere on websites and ads on the Internet.
Google collects information about your + 1 activities to improve Google services for you and others. To use the Google+ button, you need a Google public profile that is visible all over the world, which must contain at least the name you choose for the profile. This name is used in all Google services. In some cases, this name can also be used to replace another name that you used when sharing content through your Google Account. The identity of your Google profile can be displayed to users who know your e-mail address or have other identifying information from you.
Use of the information collected: In addition to the uses outlined above, the information you provide will be used in accordance with the applicable Google Privacy Policy. Google may publish aggregated statistics on users’ + 1 activities, or pass them on to users and partners, such as publishers, advertisers, or related sites.
Our website uses functions from the LinkedIn network. Is the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you visit one of our sites that have LinkedIn, LinkedIn connects to LinkedIn servers. LinkedIn is informed that you have visited our Internet pages with your IP address. When you click the “Recommend” button of LinkedIn and you are logged in to your LinkedIn account, it is possible to assign your visit to our website and to your user account. We would like to point out that as a provider of the pages we have no knowledge of the content of the transmitted data as well as their use by LinkedIn.
For more information, see LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy
Our website uses functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time you visit one of our sites that contain XING features, you will be connected to XING servers. As far as we know, personal data are not stored. In particular, no IP addresses are stored or the usage behavior is evaluated.
For more information on the Privacy Policy and the XING Share Button, please visit the XING Privacy Statement at https://www.xing.com/app/share?op=data_protection
We use the Zendesk chat system, a Zendesk Inc. customer service platform, 989 Market Street # 300, San Francisco, CA 94102, to process customer inquiries. Browser type, time and others recorded to answer your information needs. Zendesk is a certified participant of the so-called “Privacy Shield Framework” and thus meets the minimum requirements for legally compliant order data processing.
For more information about Zendesk’s data processing, please refer to the Zendesk Privacy Policy at http://www.zendesk.com/company/privacy. If you have any questions, feel free to contact the Zendesk Privacy Officer at privacy@zendesk.com
If you contact us by e-mail or via the form on the website, we will only use the personal data you provide to process your specific request. The given data will be treated confidentially. The specified data and the message history with our service desk will be saved for follow-up questions and subsequent contacts. The processing of the data entered into the contact form is based on your consent (Article 6 (1) (a) GDPR).
We have entered into a contract data processing contract with Zendesk, fully implementing the stringent requirements of German data protection authorities when using Zendesk.
If we elect, in our reasonable discretion, to transfer ownership or control of the site to a third party, whether or not in the context of an acquisition, merger, or reorganization, your information (both personal and non-personal) may be transferred to that third party (either an affiliate or an unrelated third party). If such a transfer occurs, the acquiring company’s use of your personal information will still be subject to this Policy and the privacy preferences you have expressed to us.
We retain information as long as it is necessary and relevant for our operations. Information about you that is no longer necessary and relevant for our operations will be de-identified and/or disposed of securely. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Services’ terms and conditions and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
When you delete your user account, certain personal information will be immediately de-associated with the account and deleted, such as your email, name, address, and profile photo, if you had chosen to provide this information. Additionally, your third-party account information will be immediately de-associated with your account. All of your activities will be de-identified, made private and no longer associated with your personal information. Your comments will be deleted. We may, however, keep a record of your deletion for up to 30 days following your deletion of an account. Additionally, we may keep system logs, which may be associated with your account for up to 30 days following your deletion of an account.
When you delete your account, we may retain information to continue to improve our services. Upon deletion of your account, however, this information cannot be viewed by other users and will be de-associated with your name and other identifiers.
Access, correction or deletion requests can be made as follows:
Aerotune GmbH, Kreuzkoppel 134a, 24943 Flensburg, Germany
Email: info@aerotune.com
Version of 06.08.2020
Reference source: https://www.e-recht24.de