Privacy Policy

Collection of Information

Information You Provide to Us

We collect information when you register for an account, participate in interactive features, fill out a form or a survey, participate in a contest or promotion, make a purchase, communicate with us via social media sites, request customer support, or otherwise communicate with us. The information you may provide includes your name, email, password, goals, street address, payment method information, feedback and survey responses, and other information about you included within your messages to us.

Other Information About Your Use of the Services

When you use our Services, we collect the following information about you:

• Usage Information: Whenever you use our Services, we collect usage information, such as the sessions you use, videos you view or music you listen to, what screens or features you access, and other similar types of usage information.
• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product description, price, subscription or free trial expiration date, and time and date of the transaction.
• Log Information: We collect standard log files when you use our Services, which include the type of web browser you use, app version, access times and dates, pages viewed, your IP address, and the page you visited before navigating to our websites.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers set by your device operating system, and mobile network information (like your connection type, carrier and region).
• Information we Record: On some occasions, we may record phone or video calls with your consent, such as in connection with our coaching program.
• Information we Generate: We generate some information about you based on other information we have collected. For example, like most platforms, we use your IP address to derive the approximate location of your device. We also use your first name to make an educated guess about your gender and use information about your activity to help determine the likelihood of you continuing to use our Services in the future (which we hope will be the case!).
• Information Collected by Cookies and Similar Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Please see our Cookie Policy for more details.
• Apple Health Kit: We use the HealthKit framework from Apple (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; "Apple"), which provides a central storage location for health and fitness data on the iPhone or Apple Watch and – with the express consent of the user – allows apps to communicate with the HealthKit store in order to access and share these data.
  
  With your explicit consent, we obtain (if applicable) your date of birth, height, weight, and sex. We use these data to fulfill your profile (account) and to calculate your calories during a workout session.
  
  If you activate the HealthKit framework in your iPhone's or Apple Watch settings, Foxyfitness is able to send, with your approval, the calories burned and the workout to Apple, so that you can track and display your health and fitness activity.
  
  New data attributes can be added to the HealthKit framework, which are then displayed in the product and must be approved. You can prevent Apple from accessing your data at any time, and thus prevent it from being shared, by changing your mobile device settings.
  
  The data read from Apple Health is used solely for visualizing your data within the app. It is not collected or disclosed outside of your local installation of the app. If you opt-in, Foxyfitness Apps (100 Push-Ups Counter & Trainer) can also write your workout to Apple Health.
• Apple ARKit: We use the ARKit framework from Apple (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; "Apple") and the TrueDepth camera system to detect your presence and distance from the device during exercises. We use this information to provide you with reliable repetition tracking in adverse light conditions and to ensure a fair and safe experience for all who wish to compete on our leaderboards. No facial features or gestures are processed for this purpose and data obtained by our app from the TrueDepth camera system are not stored on your device, not sent to our servers and they are not shared with any third party.

Information We Collect from Other Sources

We also obtain information if you create or log into your account through a social media service account, we will have access to certain information from that account, such as your name and other account information, in accordance with the authorization procedures set by that social media service.

Use of Information

We use the information we collect to:

• Provide, maintain and improve our Services, including debugging to identify and repair errors, and develop new products and service;
• Process transactions and fulfill orders;
• Send you transactional or relationship messages, such as receipts, account notifications, customer service responses, and other administrative messages;
• Communicate with you about products, services, and events offered by Foxyfitness and others, request feedback, and send news, gifts or other information we think will be of interest to you;
• Monitor and analyze trends, usage, and activities in connection with our Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Foxyfitness and others, including to enforce our agreements and policies. If you feel your transaction was declined in error, please contact us for assistance at help@foxyfitness.app;
• Comply with the law, such as by processing transactional records for tax filings and other compliance activities;
• Personalize your online experience and the advertisements you see on other platforms based on your preferences, interests, and browsing behavior; and
• Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards.

Sharing of Information

We share information about you as follows and as otherwise described in this Privacy Policy:

• With companies and contractors that perform services for us, including email service providers, payment processors, fraud prevention vendors and other service providers; (Google Ireland Limited, Revenuecat (Revenuecat Inc, San Francisco, US) and Amazon Web Services EMEA SARL (Luxembourg)).
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including court order, subpoena, or other lawful requests by public authorities to meet national security or law enforcement requirements;
• If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Foxyfitness or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
• Between and among Foxyfitness and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
• With your consent or at your direction. For instance, you may choose to share actions you take on our Services with third-party social media services via the integrated tools we provide via our Services.

We also share aggregated or other information not subject to obligations under the data protection laws of your jurisdiction with third parties. For example, we sometimes share aggregate information with research organizations to help facilitate their research.

Consent to Share Consumption Data with Apple: By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.

Advertising and Analytics Services Provided by Others

We allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Services and other websites and online services, including your IP address, device identifiers, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Foxyfitness and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and online services, and better understand your online activity. For more information about interest-based ads, including to use ad industry tools to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices (if you are in the EU, please visit www.youronlinechoices.eu). Your mobile device should also include a feature that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Google Analytics

We use Google Analytics 4 ("GA4"), a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For users in the European Economic Area the responsible entity is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

What data is collected

When you consent to analytics, Google Analytics collects information about your use of this website, including pages visited, session duration, approximate geographic location (country/region level, derived from your IP address), device type, operating system, browser type, and referring website. IP addresses are anonymised before storage by Google.

Legal basis

We process your data for analytics purposes only on the basis of your explicit consent (Art. 6(1)(a) GDPR). We implement Google Consent Mode v2: until you give consent, no analytics cookies are set and no personal data is transmitted to Google. You can withdraw your consent at any time by clicking "Decline" in the cookie banner (clear your browser's local storage key wk_cookie_consent to re-show the banner), or by using the Google Analytics Opt-out Browser Add-on.

Data transfer to the United States

Google Analytics may transfer your data to Google servers in the United States. These transfers are carried out on the basis of Standard Contractual Clauses (SCCs) approved by the European Commission pursuant to Art. 46(2)(c) GDPR.

Data retention

User-level and event-level data stored by Google Analytics is retained for 2 months, after which it is automatically deleted. Aggregated reporting data may be retained for a longer period.

Further information

For more information on how Google processes data, see Google's Privacy Policy and Google's data collection overview for Analytics.

Data Transfer

Foxyfitness is based in Austria and processes information in Austria, which may not provide equivalent levels of data protection as your home jurisdiction.

Your Choices

Account Information

You may update certain account information you provide to us (such as your password, name, and email address) by logging into your account or contacting us through our Help Center at help@foxyfitness.app. If you wish to disable your account, please contact us at help@foxyfitness.app, but note that we retain certain information when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.

Promotional Communications

You may opt out of receiving promotional emails from Foxyfitness by following the instructions in those emails or by logging into your account. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we send promotional and other push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Information for Individuals in Switzerland, UK and the EEA

The sections below apply to you if you use our Services while in Switzerland, the United Kingdom or the European Economic Area (collectively, "Europe").

Legal Basis for Processing

When we process your personal data we will only do so in the following situations:

• As necessary to perform our responsibilities under our contract with you (like processing payments and providing the products or services you have requested);
• When we have a legitimate interest in processing your personal data, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services;
• As necessary to comply with our legal obligations; and
• When we have your consent to do so.

Data Retention

We retain personal data for no longer than is necessary for the purposes for which it is processed, unless applicable law requires storage for a longer period of time.

Data Subject Requests

Subject to certain limits and conditions provided under law, you have the following rights:

• You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or made available in a portable form.
• You also have the right to object to certain processing (like receiving direct marketing), or request that we restrict processing in certain circumstances (like to retain but not further process pending resolution of a claim).
• When we ask for your consent, you may withdraw that consent at any time.
• You have the right to file a complaint regarding our data protection practices with a supervisory authority.

If you would like to exercise any of these rights and can't do so directly via the Services or your device, you may contact us as indicated below.

Information for California Residents

This section provides additional disclosures required by the California Consumer Privacy Act (or "CCPA").

Categories of personal information we collect

Identifiers, such as your name, phone number, email address, social media handle, and unique identifiers (like IP address) tied to your browser or device. Characteristics of protected classifications under state or federal law, such as gender and age. Commercial information, such as your payment information and Foxyfitness product or service purchases. Approximate geolocation data. Internet or other electronic network activity, such as browsing behavior and information about your usage and interactions with our Services. Audio, electronic, visual, or similar information, such as profile photo or personal information you may provide during customer support calls and call recordings. Other personal information you provide, including opinions, preferences, goals and other personal information contained in product reviews, surveys, or communications. Inferences drawn from the above, such as product interests, and purchasing insights.

Business or commercial purposes for which we may use your information

Performing or providing our services, such as to maintain accounts, provide customer service, process orders and transactions, and verify customer information. Improving and maintaining our Services, such as by improving our Services and developing new products and services. Debugging, such as to identify and repair errors and other functionality issues. Communicate with you about marketing and other relationship or transactional messages. Analyze usage, such as by monitoring trends and activities in connection with use of our Services. Personalize your online experience, such as by tailoring the content and ads you see on our Services and on other platforms based on your preferences, interests, and browsing behavior. Legal reasons, such as to help detect and protect against security incidents, or other malicious, deceptive, fraudulent, or illegal activity.

Parties with whom information may be shared

Companies that provide services to us, such as those that assist us with customer support, subscription and order fulfillment, advertising measurement, communications and surveys, data analytics, fraud prevention, cloud storage, bug fix management and logging, and payment processing. Third parties with whom you consent to sharing your information, such as with social media services or academic researchers. Our advertisers and marketing partners, such as partners that help determine the popularity of content, deliver advertising and content targeted to your interests, and assist in better understanding your online activity. Government entities or other third parties for legal reasons, such as to comply with law or for other legal reasons as described in our Sharing section.

Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights.

We do not "sell" the personal information we collect (and will not sell it in the future without providing a right to opt out). We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests on other platforms.

California consumers may make a rights request by emailing us at privacy@foxyfitness.app. We will verify your request by asking you to provide information that matches information we have on file about you. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents should submit requests through the same channels, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: privacy@foxyfitness.app

Foxyfitness GmbH
Böhmerwaldstrasse 18
4020 Linz
Austria
help@foxyfitness.app

Without prejudice to any other rights you may have, if you are located in the EEA, you also have the right to file a complaint against Foxyfitness with the Austrian Data Protection Commissioner ("DPC"), which is Foxyfitness Lead Supervisory Authority. The DPC's contact details are:

Österreichische Datenschutzbehörde
Hohenstaufengasse 3
1010 Wien
Austria / Europe
Telephone: +43 1 531 15 / 202525
Fax: +43 1 531 15 / 202690
E-Mail: dsb@dsb.gv.at

If you live in the EEA, you may also file a complaint with your local data protection regulator.