Terms & Conditions and Privacy Policy

At Runtastic, we’re continuously striving to provide you with the best possible experience – and your privacy is important to us.

With the following Privacy Policy we want to:

Terms & Conditions

  1. INTRODUCTION
    1. Who we are. runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (“Runtastic”) operates an interactive online platform (“Platform”) and mobile apps (“Apps” and together with the Platform, the “Runtastic Products”) aiming to connect, and create new opportunities for people who are, or want to become, sports- and health-conscious. Runtastic offers a number of Apps apart from and in connection with the services on the platform. Effective as of November 9, 2020 and subject to its discontinuation in accordance with Section 7, Runtastic offers a number of Apps that include but may not be limited to the following:

      adidas Running, adidas Training, Runtastic Steps.

    2. Registration. In order to be able to use the complete spectrum of Runtastic Products, a one-time registration is required (see Section 4, below). However, certain content (e.g. information regarding sports, health, or nutrition), including general descriptions of Runtastic, can be viewed without registration.

    3. Our Goal. Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.

    4. Disclaimer. Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Runtastic neither substitutes your doctor, nor is Runtastic responsible for your behavior. The contents of the Runtastic Products, regardless whether they are provided by Runtastic, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

  2. VALIDITY OF THE T&C
    1. Validity. Runtastic offers the Runtastic Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the Runtastic Products, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of November 9, 2020.

    2. Prerequisite. Neither the registration nor the use of the complete spectrum of Runtastic Products shall be possible without consent to these T&C.

    3. Extent These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Runtastic Products. In particular, the Runtastic online offering will be accessible via Runtastic.com.

  3. SUBJECT OF THE AGREEMENT

    Currently, Runtastic essentially offers its users the following features and information in several languages:

    1. Platform:

      1. Personal profile page, including personal details;

      2. News regarding Runtastic in short form;

      3. Mobile Health & Fitness Apps

      4. Content, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by Runtastic and professional third parties (sports coaches, trainers,...);

      5. Status messages;

      6. A blog presenting company information, products and news regarding health and fitness in long form; and

      7. Other content, such as

        • About us: Short description of Runtastic;
        • Company offers: Offers of Runtastic addressed to companies;
        • Advertising by Runtastic and/or third parties;
        • Support for users;
        • Privacy Policy and these T&C;
        • Press & Media Center;
        • Jobs; and
        • Legal information
    2. Apps:

      1. Applications for Apple iPhones, Android phones, and other smartphones and other devices on a global scale, that can be used both isolated on the smartphone as well as in connection with the Platform.

      2. Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy for more information.

      3. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

      4. The mobile applications are only available to users of smartphones and other devices. Only the basic functionality of the mobile applications is available for free.

      5. Additional terms and conditions on the part of the mobile phone providers apply.

  4. REGISTRATION
    1. Free Membership. The Runtastic Products require a one-time, free registration. The minimum age for registration is determined by country. The list of age limits can be seen in full here. The “Free Membership” (basic) makes only basic options and features in the Apps available to users (“Free Features”). Runtastic offers users three ways of registering:

      1. Via the registration form provided on the Platform;

      2. Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or

      3. Via adoption by Runtastic of registration details provided by the user in the social networks Facebook or Google: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the Runtastic network. The user can subsequently add to or reduce such details in such user’s profile on the Platform; or

      4. If available in your country: via the registration forms provided by adidas on its websites and/or apps.

    2. Premium Membership.
      1. A Runtastic Premium Service for “Premium Members” (“Premium Membership”), with all options and features, is also available against payment of a certain price. With this Premium Membership additional options and features (“Premium Features”) that are not available to Free Members, are unlocked. Runtastic may offer Apps with or without Premium features being available for that specific App.

      2. Specific Premium Member Terms & Conditions as set forth in Section 6 apply to the Premium Membership. Unless otherwise specified in the T&C or Section 6, all other provisions of these T&C also apply to the Premium Members.

      3. By registering as a Premium Member, you confirm that you meet the age requirements stated in the applicable law (more information to be found here ) and are thereby legally entitled to enter into contracts. If the aforementioned representation is not true, Runtastic is not bound by these Premium Conditions.

    3. Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Runtastic.

    4. Consequences of Registration

      1. By registering, the user confirms his/her knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and he/she will keep all registration information up to date.

      2. Each user shall register with Runtastic once only, and confirms with his/her registration that he/she has not registered an account with Runtastic before and has not deleted a previously activated user account.

      3. Following successful registration, the user (then the “Registered User”) can log on to the Platform by either (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Facebook Connect or Google Sign-In.

    5. Rights of Runtastic

      1. Runtastic reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

      2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Runtastic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Runtastic has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.

      3. In any event, Runtastic reserves the right to contact you at any time to verify your registration data.

    6. User Identity. Runtastic is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

  5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
    1. Fraud protection.

      1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at fraudprotection@runtastic.com or, for Premium Members, premium@runtastic.com, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

      2. Runtastic will not refund any amounts paid by you to Runtastic.com before you report an unauthorized or fraudulent use of your account.

      3. Runtastic has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

    2. Promotions and Free Offers. Runtastic may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

    3. Changes to the Apps. Runtastic reserves the right to change options or features - including Premium Features - in the Apps. In most cases Runtastic makes changes to the Apps to enhance or improve them. Insofar as the changes will not have a material adverse effect on your use of the App, Runtastic will not refund previously paid amounts, unless otherwise provided for in Section 9.

  6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
    1. Subscription Requirement. In order to use the Runtastic Premium Service for Premium Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by Runtastic (the “Subscription”).

    2. Types and Prices of Subscriptions. Runtastic offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here: www.runtastic.com/premium-membership or in the App Stores. All prices are subject to change at Runtastic’s discretion at any time. Any price changes will be announced on the Platform or in the App Stores.

    3. Payment.

      1. Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.

      2. Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If Runtastic is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Runtastic may deliver invoices and payment reminders to the user by email.

    4. Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores.

    5. Cancellation. You may cancel your Subscription to Runtastic Premium Service for Premium Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 8, Runtastic will not refund previously paid amounts.

    6. Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the Runtastic Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

    7. Contact. Please contact us for any questions you might have or to report any violations of the Premium Conditions in this Section 6 at premium@runtastic.com

    8. Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Premium Members.

  7. DISCONTINUATION
    1. Discontinuation of Apps. Runtastic reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App. After this notification, Premium Members shall be able to use the App for the duration of their current Subscription period. Please note that during this period the two following limitations apply:
      1. It may not be possible to download the App on another device.
      2. Runtastic will not update the App during this period. This means that if the operating system of your device is updated or if other relevant third party technical services change during this period, it may not be possible to use the App any longer. Runtastic assumes no liability for this.
      If you have purchased your Premium Membership through an App that will be discontinued, your Subscription will not be automatically renewed and will expire at the end of your current Subscription. If you have purchased your Premium Membership through another App - that will not be discontinued - automatic renewal as described in Section 6.4 shall still occur. Subject to the two limitations as described above, only if Runtastic cannot provide the possibility for you to use the App until your current Subscription period has ended, are you entitled to a pro rata refund of the payment for the current Subscription of your Premium Membership. If this occurs, you can contact Runtastic (see Section 6.7) to claim your refund.

    2. Notice. Runtastic may give notice as mentioned under Section 7.1 by informing you either by email or through communication within the Runtastic Products.

  8. TERMINATION
    1. General. Each user shall have the right to terminate the use of Runtastic products at any time via his/her account settings. Such termination shall be confirmed to the user.

    2. Runtastic’s Termination Right. Additionally, Runtastic reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

    3. Further Information. Please see section 7.5 of our Privacy Policy for further information on the deletion of your account.

  9. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
    1. Application of Consumer Laws. If you are a Registered User, using the Runtastic Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

    2. Right of Withdrawal from Contract. You may cancel your agreement with Runtastic in writing, e.g., by letter or email, within 14 days of the date on which the agreement was entered into without stating any reasons. You can cancel the agreement by sending your notification to:

      runtastic GmbH
      Pluskaufstraße 7, 4061 Pasching
      Austria
      Email: cancellation@runtastic.com

    3. Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Runtastic in full or in part, you are obligated to reimburse Runtastic for the value lost - in relation to the time of use of the rendered services. This may mean that you are required to fulfill your payment obligations proportionally until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

      Cancellation Form. The exercise of your cancellation right pursuant to this section 9 may occur via the following cancellation form:

      (If you wish to cancel the agreement, please fill in and return the form below.)

      To runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria, E-Mail cancellation@runtastic.com


      I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

      Ordered on (*)/received on (*),

      Name of consumer(s),

      Address of consumer(s),

      Email address of consumer(s) which is used to login to Runtastic Products,

      Signature of consumer(s) (only if this form is notified on paper),

      Date


      ___________



      (*) Delete as appropriate

  10. USER OBLIGATIONS AND CONDUCT
    1. User Obligations. Each user of the Runtastic Products must

      1. truthfully provide, and keep current and complete, his/her registration details, and must not pass on such details to third parties;

      2. only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Runtastic that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;

      3. not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;

      4. not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;

      5. not carry out any disrupting interferences in the Runtastic network, including the Runtastic Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Runtastic’s software or hardware;

      6. not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

      7. provide prompt notice via email to fraudprotection@runtastic.com of any detected breaches of the aforementioned obligations;

      8. diligently care for the personal details and only allow such persons access to their own details that are close to the user; and

      9. regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Runtastic shall not be responsible for any lost or impaired details.

  11. BREACH OF USER OBLIGATIONS
    1. Sanctions. In order to ensure the proper and reliable provision of Runtastic Products, Runtastic imposes the following sanctions upon breach obligations by a user:

      • warning;
      • deletion of content;
      • temporary deactivation of user account; and
      • cancellation (irrevocable deactivation).

      The type of sanction shall depend on the purpose, impact, and type of the breach in light of Runtastic’s and the user’s interests.

    2. Cancellation. In the event a user account shall be cancelled in accordance with this Section 12, the respective user shall not be permitted to register again.

  12. CONTENT
    1. General. Runtastic permits its Registered Users to use the offered portfolio of Runtastic Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

    2. Tracking. The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes, especially sections 4.2 and 7.8.

    3. Disclosure. Runtastic shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

      1. comply with statutory law, or court or administrative orders;

      2. ensure compliance with these T&C;

      3. react to claims of breaches of law raised by third parties; or

      4. safeguard the rights, property or personal safety of Runtastic, its users and the general public.

    4. Use of Content. The user grants Runtastic the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Runtastic shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of Runtastic or any company affiliated with Runtastic. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Runtastic uses content created by a user outside the Runtastic Products, Runtastic shall note that such content was created by the user.

    5. Ownership. Runtastic does not claim ownership of any content created by users and will not supervise such content.

    6. Deletion. Runtastic reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12.

    7. Inaccurate Content. Runtastic shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.

  13. PRIVACY POLICY

    Please see the separate Privacy Policy available on www.runtastic.com/privacy-policy that is an integral part of this agreement.

  14. REPRESENTATIONS AND WARRANTIES
    1. Limitation. Runtastic does not claim or warrant that

      1. the Runtastic Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and

      2. the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

    2. Own Risk. The user uses the Runtastic Products exclusively at his/her own risk. This applies, without limitation, to

      1. the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;

      2. downloading of the user’s own and third party content; and

      3. any use by the user of data created or provided by Runtastic, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and Runtastic does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

    3. Medical Advice. The use of any software or hardware offered by Runtastic is no substitute for the consultation by the user of a specialized doctor.

    4. External Content. Additionally, Runtastic does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Runtastic does not make any representations or warranties with respect to products or services of third party providers.

  15. LIMITATION OF LIABILITY
    1. General. Runtastic shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Runtastic has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Runtastic shall not be liable to other businesses and shall be liable to consumers only for personal damages. Runtastic shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

    2. Content. Unless required by statutory law, neither Runtastic nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the Runtastic Products. This also applies to damages resulting from errors, problems, viruses or loss of data.

    3. Downloads. Runtastic assumes no liability for downloaded material or material obtained as a consequence of using the Runtastic Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the Runtastic Products.

    4. Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Runtastic will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

  16. INDEMNIFICATION BY USERS
    1. Indemnification. The user shall indemnify Runtastic for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to or any of the Runtastic Products by such user or as a result of any other usage by such user of applications available from Runtastic. The user shall bear the costs of any legal proceedings, in which Runtastic may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

    2. Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Runtastic all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Runtastic may be entitled to bring against the user shall not be affected.

  17. CHANGES TO THE T&C
    1. General. Runtastic reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.

    2. Changes. In case of minor changes to these T&C (if, for example, there is a change in the law that means we need to change these T&C), we may simply make the new T&C available for viewing on the Platform and in the Apps. Please check these T&C regularly to ensure that you understand the up-to-date terms. For any significant changes to these T&C that will materially adversely impact you, Runtastic will either obtain your specific consent to the changes through communication in the Runtastic Products, or Runtastic will inform you of any changes at least two weeks prior to the effective date of the changes via email to the address provided during Registration (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of two weeks.

      The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a two-week objection period, (iv) information on the consequences of omitting an objection.

      If you do not object to the changes, the updated T&C will be deemed accepted.

      In the event that you object to the changes, Runtastic is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for Runtastic.

    3. Written Form. Subject to Sections 17.1 to 17.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

  18. MISCELLANEOUS
    1. Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

    2. Governing Law and Jurisdiction.
      1. These T&C and all contractual relations and litigation between the users and Runtastic shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. This paragraph 18.2.1. is not relevant for any users that are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

      2. Place of delivery and exclusive court of jurisdiction shall be Linz, Austria. This paragraph 18.2.2. is not relevant for any users that are consumers within the meaning of the KSchG.

Part B: adidas Membership Program

If you use any Runtastic Products in the countries listed here, you shall automatically become a member of the adidas Membership Program (called e.g. Creators Club, adiCLUB) if you are not a member already. Please check the list regularly as it might be supplemented.

This membership is subject to specific Terms & Conditions. By continuing to use a Runtastic Product in one of the listed countries, you hereby accept the respective Creators Club Terms & Conditions. You can find those Terms & Conditions applicable in your country here. Please note that in these countries the adidas Membership Program is an integral part of Runtastic Products and Runtastic Products cannot be used without adidas Membership Program in these countries. That particularly means by cancelling your adidas Membership Program, you also cancel your use of Runtastic Products.

Privacy Policy

  1. General
  2. Categories of Personal Data we process
  3. Purpose and Legal Basis For Processing of Personal Data
  4. Sharing of Personal Data
  5. Retention of Personal Data
  6. Your Rights concerning Personal Data
  7. Further Information
  8. Changes to the Privacy Policy
  1. General
    1. Controller. Runtastic GmbH, FN 334397k, Pluskaufstraße 7, 4061 Pasching, Austria (see our imprint) (“Runtastic“, “we”, “us”), is a brand of adidas AG, Adi-Dassler Strasse 1, 91074 Herzogenaurach, Germany (“adidas”). We process your personal data as a controller when you use our apps (“Apps”, go here for a list of all Apps) or website (“Website” and, together with the Apps, “Products“) or otherwise get in contact and communicate with us.
    2. Applicable Law. The processing of your personal data takes place in compliance with applicable local data privacy laws, e.g. the EU General Data Protection Regulation (“GDPR“) or the Austrian data protection act in its current form.
    3. Content. In this privacy policy (“Privacy Policy”) we want to provide you with information about us, the nature, scope and purposes of the data processing, e.g. collection and use, giving you insights into the processing of your personal data related to the use of our Products. Please note that the processing of personal data of business partners and applicants is not subject to this Privacy Policy. Corresponding information can be found in separate privacy policies.
    4. Contact. Our general point of contact for all questions, requests or concerns in regard to the processing of personal data is the email address: dataprotection@runtastic.com (“the Email Address“). In addition, you can also contact us by mail at the above-mentioned postal address, to the attention of the Data Protection Officer or check our privacy help pages for frequently asked information.
    5. Data Protection Officer. Our Data Protection Officer can be contacted under the Email Address. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.
  2. Categories of Personal Data we process
    1. Data Sources. Runtastic processes personal data that you directly or indirectly make available to us, for example by using our Products, that others provide to us, for example when you link your profile with a Partner Platform, or that we generated on our own, for example your user ID. Please note that the exact amount of personal data we process regarding you depends on how you use our products. Therefore, we may not process personal data concerning you in all categories.
    2. Categories of personal data we collect from you or generate. These are the categories of personal data we might collect directly or indirectly from you and/or generate on our own
      Identity information - Any information that identifies you as an individual living person, including but not limited to: name (first name, last name, initials), date of birth, e-mail address, gender, profile picture, unique customer identifier number (including your adidas Membership Program number), nickname, password and gift card codes that are assigned to you.
      Contact information - Any information that can be used to contact you, including but not limited to: phone number, shipping and billing address, e-mail address, Messenger ID, social media handle or any other communication channel you have used to contact us.
      Location information - Any information we can use to know or guess where you are, real time or otherwise, including but not limited to: chosen residential location, current log-in location (IP address), real-time device location information via device sensors and signals, GPS location (if you wish to it share with us, for example through your mobile device settings) or information that helps us guess where you may be such as the specific Runtastic and adidas website you have visited that might give us clues about where you are or when you “check-in” to an event or website on a social media page indicating location, if it is shared with us.
      Size information - Any information related to your body measurements, including but not limited to: shoe size, clothes size, height, weight.
      Purchase Information - Any information we use to complete or in relation to your purchase record and invoice, including but not limited to: payment provider, duration of Runtastic subscription, price, currency and VAT (based on country info). Although we do not store or otherwise process any credit card or bank details ourselves, we process a payment ID number given by the respective Payment Service Provider and can be allocated to you.
      Profile and Community Information - Any information you provide to us in your social profile and/or when interacting with our communities and other users, including but not limited to: follower information in the Runtastic community, information provided when you participating in Runtastic or adidas events/challenges and groups/communities either as a trainer, team member, a participant or as a promoter, pictures and videos you share, information you provide in your profile biography, team memberships and roles there, interests, feedback, likes and comments, leaderboard rankings, event participation, joined groups including roles as well as challenge participations and success.
    3. If you explicitly allow us to access your phone book, we will compare the email addresses of your contacts with email addresses from registered users within the Runtastic community and show you a list of people you might want to follow. Anyhow, we do not store this information.
      Social Media Information - Any information about you we obtain through your interaction with us on social media channels, including but not limited to: any social media information that is publicly available such as your social media handles, social media interactions and public postings, “Likes” and other reactions, social media connections, photos that are public, or those send to us by mentioning us or following our social media posts by using “handles” or “hashtags” and comments or messages you shared with us publicly or privately on social media platforms.
      Device Information - Any information related to your (mobile) device, which is collected by our Apps, including but not limited to: device EUI, device ID, device fingerprint, IP/Wifi Information, operating system, data stored on device when access is granted, log information when access to device is granted, Partner Platform Apps installed and device type and version.
      Browsing information - Any information on your browsing behavior, including but not limited to: browser name, IP address, clickstream data, date and time of the visit, time remained on Website, pages visited, links clicked in our marketing messages or Website, transmitted data volume, the referral URL (if you came to our Website via a different site or an advertisement), browser language and version and add-ons.
      Activity information - Any information connected to your fitness activity which you track using our Products or import, including but not limited to: activity type, distance, exercise duration, exercise routine (start and finish time), fitness score, pace, space utilization data, speed, calories burned, heart rate, RunScore, nutrition information, GPS maps and photos.
      Correspondence - Any information you share through correspondence you have with our Customer Happiness Agents, and/or other employees and personnel including any opinion you share with us that indicate your point of view and comments. This may include when you provide us feedback and review rating our service or products, or if you participate in any product research and development surveys.
      Preference Information - Any information which indicates your preference whether explicitly, if provided by you, or inferred, including but not limited to: activity preference (sports), site/brand preference, preferred language, product and product attributes preferences, units (distance, weight, temperature), personal goals and motivation (e.g. yearly running goal, weight goal), training plan information, custom workouts, equipment information (brand, model, size, color, picture) and product reviews.
      Creators Club information - Any information related to your Creators Club membership, including but not limited to: acquisition source ID (where you signed up for the membership), your membership country, Creators Club Member ID, date you became a member, membership points and level, engagement history, rewards history and membership vouchers assigned to you.
    4. Personal Data we receive from others. This is the personal data we receive from the following third parties:
      Registration via Facebook or Google - If you register an Runtastic account via social login, we will receive the following information from the respective provider:
      • Facebook Inc. (1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”): First and last name, email address, gender, birthdate and profile picture.
      • Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, “Google”): First and last name, email address, gender, birthdate and profile picture.
    5. Facebook Friend List - We will receive information about your friends on Facebook from Facebook if you explicitly allow us to access it. We will use this information to make suggestions on people you might want to follow in the Products, but do not store it
      Partner Platforms - We offer an automatic import of your activity information from other platforms we have a partnership with (“Partner Platforms”). However, we only import personal data from Partner Platforms if you have given us and the partner the order to connect your Runtastic account with the respective Partner Platform.
      Apple HealthKit - We provide the opportunity to sync our Products with Apple’s (Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA; “Apple”) HealthKit framework, which provides a central repository for health and fitness data on iPhone and Apple Watch.
      Within the Health Kit settings, you can decide if you want to allow our Products to read the personal data listed there and import it to the Products, to write personal data collected in our Products (please see Sharing of personal data with other services in this regard) in the Health Kit or both.
      Google Fit - We provide the opportunity to sync our Products with Google’s Fit SDK which is an open platform that lets users control their fitness data.
      Within Google Fits settings you can decide if you want to allow the Products to read personal data listed in Google Fit and import it to the Products, to write personal data collected in our Products in Google Fit (please see Sharing of personal data with other services in this regard) or both.
  3. Purpose and Legal Basis For Processing of Personal Data
    1. General Information. In general, we collect and use personal data for specific purposes. However, please note that we may sometimes also use such personal data for other purposes if we have the right and permission (“legal basis”) to do so.
    2. In this section, we provide details to all scenarios and reasons (“purposes”) where we may collect (directly and indirectly) and otherwise process your personal data. We will provide information on the legal basis of these processing activities, on what categories of personal data are affected and on categories of third parties that we share data with for the respective purpose.
    3. Communication. We process personal data in order to communicate with you regarding the user agreement you have with us. This includes for example sending you information on changes to our Terms and Conditions or Privacy Policy, sending you invoices for paid subscriptions or information on new features of our Products of the potential fade out of certain features
    4. The legal basis for these processing activities is the performance of your contract with us.
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Purchase Information, Correspondence and Preference Information.
      For this purpose we share personal data with Processors, in this case with Messaging Service Providers and CRM Solution Providers.
    5. Providing our Products. We process your personal data to be able to provide you with a seamless user experience when using our Products and the Products features.
    6. We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      The legal basis for these processing activities is the performance of your user agreement with us.
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Purchase information, Size Information, Profile and Community Information, Device Information, Browsing Information, Activity Information, Correspondence and Preference Information.
      For this purpose we share personal data with other users, other services (where applicable - see Sharing of personal data with other services. for more information), Processors, in this case with Cloud Solution Providers, CRM Solution Providers, Authentication Solution Providers and Payment Solution Providers, and with Partners (where applicable - see Sharing of personal data with adidas and partners for more information).
    7. Event Registration and Participation. When you sign up for an event which we organize that have limited spots, we use the personal data you provide to reserve a spot for you. We often also organize events that are open to all users. We use the personal data you provide to keep you informed of the events you are interested in. Please read the specific privacy notice we may publish at the time of the registration if available.
    8. The legal basis for these processing activities is the performance of your contract with us.
      The data categories processed for this purpose are specified in the specific privacy notice we may publish at the time of the registration.
      For this purpose we share personal data with other users, Processors, in this case with Cloud Solution Providers and CRM Solution Providers, and with Partners that host the event with us, where applicable.
    9. User Experience - Global credential to all adidas/Runtastic Platforms. User log-in identities and account management for all adidas / Runtastic platforms are administered centrally by adidas, so users can use one set of credentials to log in to participating platforms. Your adidas log-in credentials are stored in the global authentication platform. When you use your adidas log-in to access our Products, we will use a token to verify your identity from the global authentication platform. This further ensures our network and domain security. Besides providing you access to our Products and protecting your account, we and adidas use your personal data provided for this purpose to administer your account, including sending account management related messages, such as password reset.
    10. We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      The legal basis for these processing activities is our legitimate interest.
      The data categories processed for this purpose are Identity Information, Contact Information and Device Information.
      For this purpose we share personal data with adidas and with Processors, in this case with Authentication Solution Providers.
    11. Prize Delivery. Once you won a prize in a sweepstakes we hosted, potentially together with a partner, we will use your contact details (home and/or shipping address) and other information necessary to inform you and to deliver the products you have won.
    12. The legal basis for these processing activities is the performance of your contract with us.
      The data categories processed for this purpose are Identity Information, Contact Information and other information necessary to deliver your prize (e.g. Size Information where applicable).
      For this purpose we share personal data with Processors, in this case with, CRM Solution Providers and Messaging Service Providers, and with shipping companies, where applicable.
    13. Customer Support. We process your personal data to answer your queries about your use of our Products and respond to your questions and concerns through various communications channels we make available to you, including if you contact us for questions about your privacy rights. Your requests to our customer service will be analyzed so that we can provide you with valuable service in the future.
    14. The legal basis for these processing activities is our legitimate interest or, in the case of privacy issues, our legal obligation to process them, if applicable.
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Purchase Information, Profile and Community Information, Device Information, Browsing Information, Activity Information, Correspondence, Preference Information and Creators Club Information.
      For this purpose we share personal data with Processors, in this case with, CRM Solution Providers and Messaging Service Providers.
    15. adidas Membership Program. Please note this section only applies when you are part of the adidas Membership Program and that adidas is the Controller for all data processing for this purpose. We act as a processor in this regard and use your personal data for:
      • calculate your club bonus points,
      • provide you access to special offers and promotions including special events and challenges,
      • provide you access to a premium Runtastic subscription when eligible,
      • display your membership journey in the Products,
      • send you messages about how to gain club points or retain your level including promotional messages about your products and services (you can unsubscribe from this message at any time by using the “Unsubscribe” function in the message.)
      For more information on how and why adidas processes personal data in this context please see section 4. n of the adidas Privacy Notice .
      The legal basis for these processing activities is the performance of the contract between you and adidas and legitimate interest.
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Activity Information, Correspondence Information, Preference Information and Creators Club Information.
      For this purpose we share personal data with adidas and with Processors, in this case with CRM Solution Providers and Messaging Service Providers.
    16. Operating the Products. We screen all traffic to our Websites and Apps and analyze data that is received by our servers to: a) run the Websites that are connected to our domain and Apps, b) fix bugs to make sure the layout and design are displayed properly, and c) fix bugs to make sure the Websites and the Apps function properly, and d) to monitor compliance with our Terms and Conditions.
    17. We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      The legal basis for these processing activities is our legitimate interest.
      The data categories processed for this purpose are Identity Information, Browsing Information and Device Information.
      For this purpose we share personal data with Processors, in this case with Data Analytics Solution Providers.
    18. Product Research and Development. We conduct analysis and research to improve our products and services. This includes asking you questions in surveys, asking you for feedback or asking you to test our Products and provide us with a review. We collect this information based on your consent. Where it is possible for the specific project or upon your request, we will remove any Identity, Contact, or Device Information, so the information cannot be used to identify you anymore and is considered “anonymized”.
    19. The legal basis for these processing activities is your explicit consent. You can always revoke a consent you have given.
      The data categories processed for this purpose depend on the specific project/survey and might include all categories of personal data we process.
      For this purpose we share personal data with Processors, in this case with Research/Survey Solution Providers and CRM Solution Providers.
    20. Domain and Network Security and User Authentication. To protect our domains, detect unusual activities, and prevent security threats and protect our users from unauthorized accesses (such as hackers), we screen all traffic to our Products, and authenticate user log-in information using tokens to verify the details you provide to us and compare it with other available information, such us the credentials you have provided directly to us or other platforms (such as Facebook) or information that is available in the public domain to ensure only “authorized” users have access to our Products.
    21. The legal basis for these processing activities is our legitimate interest.
      The data categories processed for this purpose are Identity Information, Contact Information, Browsing Information and Device Information.
      For this purpose we share personal data with Processors, in this case with Authentication Solution Providers and Data Analytics Solution Providers.
    22. Business Operational Analytics. We need to know how we do as a business. This is in the interest of our shareholders, our board members, our employees, and our partners, as well as our users. We create data models for different analytical purposes and analyze using these data models how our Products are selling in different markets, what are the popular features of our Products, what worked and what didn’t in terms of our marketing and advertising campaigns, our Product designs and distribution strategy, our website design and overall user experience, so we can establish, implement, and evaluate our business strategy.
    23. This includes, for example, analyzing data to understand how users browse our Website and use the Apps to improve our user experience design to make sure you will continue to use our Products and interact with us on our Websites and Apps.
      We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      The legal basis for these processing activities is our legitimate interest.
      The data categories processed for this purpose are Identity Information, Location Information, Purchase Information, Profile and Community Information, Social Media Information, Device Information, Browsing Information, Activity Information, Correspondence Information and Preference Information.
      For this purpose we share personal data with Processors, in this case with Data Analytics Solution Providers and Cloud Solution Providers.
    24. Personalized Marketing Messages Via Email / Push Notification. Upon your explicit consent, we send you marketing messages that we think you would be interested in (“personalized”) to the email address you provide to us or via push-notifications when you have installed our Apps.
    25. We might also send such messages when you purchase our Products and we consider that to be an indication of interests to our Products, services, promotions, and various offerings.
      To send you “personalized” messages, we observe your online (and sometimes, where applicable, offline) behavior, and analyze it to best estimate what you might be interested in, and you can benefit from. We therefore use different analytics tools to understand what your behavior means in terms of your like and dislike of our Products, and to understand the impact (success rates) of the messages delivered to you.
      We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      Additionally, we assess your behavior when reading such emails with the help of so-called web beacons or tracking pixels.
      The legal basis for these processing activities is your explicit consent or our legitimate interest. You can always revoke a consent given or object to the data processing for this purpose which is based on our legitimate interest
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Purchase Information, Profile and Community Information, Social Media Information, Device Information, Browsing Information, Activity Information, Correspondence Information, Preference Information and Creators Club Information.
      For this purpose we share personal data with Processors, in this case with CRM Solution Providers and Messaging Service Providers.
    26. Targeted messages on 3rd-party advertising platforms. We use third-party solutions to send targeted campaigns and messages on their platforms. Therefore, Social Media Platforms will attempt to match your profile in their database to determine the optimal time and place (e.g the page you are browsing) to show an advertisement from Runtastic. Besides that, we analyze information to understand the impact of our campaigns.
    27. Please note that you may see ads from Runtastic on social media or other platforms even if you have not consented to data processing for this purpose. This will not happen based on the fact that we process and share your personal data, but randomly.
      We may collect your Personal Data for this purpose by using technologies such as cookies, pixels and tags to collect your device information. For more information on the cookies we use, the personal data they collect, and how to disable them, please see our Cookie Policy .
      The legal basis for these processing activities is your explicit consent. You can always revoke a consent you have given.
      The data categories processed for this purpose are Identity Information, Contact Information, Location Information, Purchase Information, Profile and Community Information, Social Media Information, Device Information, Browsing Information, Activity Information and Preference Information.
      For this purpose we share personal data with Processors, in this case with Advertising Solution Providers and Data Analytics Solution Providers.
    28. Cooperation with Law Enforcement and Regulatory Authorities (including Courts). When we are legally required to provide your personal data for national and public security reasons, crime prevention, investigation and prosecution, anti-money laundering, judicial proceedings, protection of other individuals’ rights and freedoms, and enforcement of civil claims, we will provide information as requested by the authorities or parties once we are satisfied that the request is mandated by law. We may not be able to notify you if it is against the law to do so.
    29. The legal basis for these processing activities is our respective legal obligation, the necessity in order to protect the vital interests’ people or the necessity for public interest.
      The data categories processed for this purpose depend on the specific request/obligation and might include all categories of personal data we process. Anyhow, we will always limit the amount of personal data processed for this purpose to the smallest amount possible.
      For this purpose we share personal data with authorities, including courts and with Processors, in this case with Messaging Service Providers.
    30. Contract Dispute and/or Legal Compliance. We need to keep evidence in case of any contractual dispute, or to defend ourselves in case of any investigatory audits or privacy compliance disputes and complaints, including how we have handled your privacy rights. Besides that, we might also have to process certain information which might include personal data to comply with statutory retention periods.
    31. The legal basis for these processing activities is our respective legal obligation or our legitimate interest.
      The data categories processed for this purpose depend on the specific obligation and situation and might include all categories of personal data we process. Anyhow, we will always limit the amount of personal data processed for this purpose to the smallest amount possible.
      For this purpose we share personal data with authorities, including courts, our lawyers and tax advisors and Processors, in this case Cloud Solution Providers and Messaging Service Providers.
  4. Sharing of Personal Data
    1. General Information. We share your personal data with third parties
      • if this is necessary, for the purposes listed above,
      • if you have instructed us to do so (e.g. if you connect your account to a partner platform),
      • to exercise or protect the rights and interests of Runtastic, our users and personnel, or
      • if you have (explicitly) consented beforehand.
    2. We distinguish between the following categories of third-parties we share personal data with:
      • other users of our Products,
      • other services,
      • Processors,
      • adidas and other Partners,
      • authorities including courts and
      • lawyers and tax advisors.
    3. Sharing of personal data with other users. The use of certain features of our Products includes the sharing of personal data with other users. These features would not work without such data sharing, i.e. it is necessary to fulfill our user agreement with you. Using the following features includes sharing of personal data with, i.e. making personal data visible to other users:
      Your Runtastic profile and Followers - We distinguish between “private profiles” and “public profiles” where all profiles are private by default and only become public on your request. As long as your profile is a “private profile”, other users will see your name, your profile picture, your background image, your biography text, your country of residence and the common followers you have with the user visiting your profile. Moreover, all users will see the number of Followers you have and the amount of people you follow.
    4. When your profile is a “private profile”, other users can send you a request to become your Followers. Once you accept this request, all information, which according to your privacy settings, you share with Followers, will become visible for those users, your Followers.
      Once you make your profile a “public profile”, your profile is fully visible to all other users of our Products by default unless for certain data, like GPS maps for example, you determine otherwise in the privacy settings. This means by making your profile a public profile, all privacy settings are set to “everybody” and all other Runtastic users can access your AR info, activity records and details, statistics and the connections you have without even following you. In case you don’t want to have certain data publicly available, you need to change the corresponding privacy setting accordingly. In any case other users, except blocked users, might follow a public profile without a need to request.
      News Feed - Our Products allow viewing and sharing information, including through posts, likes, and comments in the so-called News Feed. Certain actions, such as tracking an activity, starting a training plan or upgrading to Premium Membership, will be automatically posted in the News Feed. By default setting, only you and your Followers will be able to see such information in their News Feed. You can modify the visibility anytime in your privacy settings.
      Leaderboard - If you track an activity, you will automatically join a weekly/monthly Leaderboard of accumulated distance, or duration among the people you follow. This means, once you are followed by someone, you will be part of their Leaderboard. You can opt out of this at any time in your privacy settings.
      Challenges - We offer participation in competitions with a specific goal in a defined timeframe (“Challenges”). There are different challenges available for registered users to join, potentially with the possibility to win prices. You can compare your ranking/success with all users who are part of the same challenge. First name, last name, profile picture and activity information (e.g. total distance, total duration) are visible to all participating users.
      Groups and Communities - Every user can join and create groups and can invite other users to these groups. Users can also be invited to communities. Within a group or community, you can interact with other members and compare your rankings. First name, last name, profile picture and activity information (e.g. total distance, total duration) are visible to all users within a specific group or community you joined.
      LIVE Tracking - The Products include a "LIVE Tracking" feature, which enables your Followers in our Products to see the activity information, including heart rates, of your current sports activity. LIVE Tracking can either be completely activated or completely deactivated. LIVE Tracking is deactivated by default and can be activated at your own discretion. Once activated, it stays activated for new activities, unless you turn it off again. By activating the feature, you accept the responsibility for such activation at your own risk. If you do not want to give other people access to your current position/localization, LIVE Tracking should not be activated.
    5. Sharing of personal data with other services. We allow you to connect our Products to several Partner Platforms and/or other services and share personal data you have recorded or generated with or in our Products there. Please note that once personal data is transferred to a Partner Platform or other service, the further processing of this data will take place outside our responsibility and according to the partners privacy policy.
      Partner Platforms - If you connect your Runtastic profile with your accounts on Partner Platforms and decide to import or share personal data from our products there, this includes the transfer of your data to the platform upon your explicit instruction to do so by connecting your Runtastic account to your respective Partner Platform account.
      Social Networks and Messenger Services - If you decide to share finished activities via a social media plattform or messenger service you may use on your mobile device, you explicitly instruct us to share the respective data with the messaging service you have chosen.
    6. Sharing of personal data with our Service Providers (“Processors”). We share your personal data with Processors that help us to conduct the processing activities necessary for the purposes listed in Purpose and Legal Basis For Processing of Personal Data . Our Processors will have access to your personal data as reasonably necessary to perform their tasks on our behalf and are obligated to protect it and not to disclose or use it for other purposes. We use processors of the following categories: Advertising Solution Providers, Data Analytics Solution Providers, Cloud Solution Providers, CRM Solution Providers, Messaging Service Providers, Payment Service Providers, Authentication Solution Providers and Research/Survey Solution Providers.
    7. Sharing of personal data with adidas and partners. We share personal data with adidas, which is a Joint Controller for all locations with the adidas Local Selling Entity (see here ), and with Partners where this is necessary for the purposes listed in Purpose and Legal Basis For Processing of Personal Data . This is relevant, for example, if we organize challenges or competitions together with adidas, adidas runners or other partners. To be able to, for example, determine the challenge results or to award the winners, certain information might be shared with adidas, adidas Runners or the respective other partner. We will inform you if this is the case and will let you know, which information this concerns in a separate notice for the respective challenge.
    8. Sharing of personal data with authorities and lawyers and tax advisors. We share personal data with authorities and lawyers and tax advisors where this is necessary for the purposes listed in Purpose and Legal Basis For Processing of Personal Data .
    9. Data Selling. We do not sell any of your personal data to third parties.
  5. Retention of Personal Data
    1. Retention Period. In order to enable you to use our Products, we retain personal data for as long as you have an account with us. Anyhow, if certain personal data is no longer required for the purposes listed above, e.g. because certain functions of our Products are no longer operated or offered, we will delete or anonymize this data within a reasonable time after the complete fade out of the function.
    2. If our user agreement with you is terminated and you don’t request us to immediately delete your personal data, we will delete it 25 months after termination.
    3. Deletion of personal data. If you request deletion of your account or if we delete it after the above-mentioned period, your personal data processed by Runtastic will be deleted, with the following exceptions:
      • Personal data made public by you in our Products (e.g. comments on other registered users’ activities) will be anonymized, i.e. it will be indicated that such details were provided by a deleted user.
      • Personal data required for our performance of statutory obligations will not be deleted but reduced to the minimum necessary.
      • Personal data that we need to defend against claims, that we need to enforce our claims or that we need to document our compliance with legal requirements will not be deleted but reduced to the minimum necessary.
      • Personal Data we have collected for analytical purposes or research will not be deleted but anonymized.
  6. Your Rights concerning Personal Data
    1. Exercise your Rights. To exercise your rights concerning personal data (“privacy rights”) defined in the sections below or within the Annexes to the Privacy Policy, please follow the steps indicated for each case. If no certain steps are defined or if you have any problems completing the steps or if you have questions, please send a request via email to the Email Address or contact us via mail to our postal address.
    2. Revocation of Consent If you have given your consent to the processing of personal data for a specific purpose, you can withdraw (revoke) it at any time. However, this does not affect the lawfulness of data processing based on the consent before the revocation. Please note that in certain cases, we may continue to process your personal data after you have withdrawn consent, if we have another legal basis to do so.
    3. If you want to revoke the marketing consent you have given, please:
      • log in to Runtastic.com
      • click on Home
      • go to Privacy Settings on the left-hand side
      • unmark the stay informed
      • checkbox.
      You can also revoke marketing consent within the apps by navigating to " More " and " Privacy where you can easily deactivate the " Stay informed " slider.
      Please note: The implementation may take a few days. Meanwhile, you may still receive a couple of marketing messages from us based on the marketing consent you have given in the past.
    4. Right to Information and Access. You have the right to obtain (i) confirmation as to whether or not your personal data is being processed by us and, if so, (ii) more specific information on the data and (iii) a copy of the data. The more specific information concerns, among other things, processing purposes, categories of data, potential recipients, or the duration of storage and can be found in this Privacy Policy.
    5. If you like to receive a copy of your personal data processed, please:
      • log in to Runtastic.com
      • click on Home
      • go to Account & Data on the left-hand side
      • click on Export Data on the right-hand side
      • follow the instructions in the email sent to your registered email once the export is ready
      Within the export we will provide a copy of your data and the mentioned more specific information for download.
    6. Right to Rectification. You have the right to obtain the rectification of inaccurate personal data we process concerning you. In case the personal data processed by us is not correct, we will rectify these without undue delay and inform you of this rectification. Please note that (i) you can rectify much of your personal data in the settings of our Products on your own and that (ii) it is not technically possible for us to rectify all kinds of data in our Products.
    7. Right to Erasure. You have the right to have personal data we store about you deleted. Should you want to exercise this right, i.e. if you want to delete your Runtastic account, please:
      • log in to Runtastic.com
      • click on Home
      • go to Account & Data on the left-hand side
      • click on Request Deletion on the right-hand side
      • follow the instructions in the email sent to your registered email to confirm the request
    8. As a safety measure, we will send you an email in order for you to confirm your deletion request and will only delete your personal data after such confirmation. Please note that your phone may still have data stored on it after deletion of your account and that we might keep some of your personal data despite your deletion request.
      If you have requested a copy of your personal data we process, your account can only be deleted after the export is completed, because otherwise, we would no longer be able to comply with this request.
      Please note that we consider a request to delete your account as a termination of our user agreement with you. However, you are free to subsequently create a new account at any time.
      Please also be aware that deletion may take up to a couple of days.
    9. Right to Restriction of Processing. You have the right to obtain a restriction of processing of your personal data from us in the following cases:
      • the personal data is no longer necessary for the purpose they were collected or otherwise processed for;
      • you have withdrawn consent on which the processing is based and there is no other legal ground for the processing;
      • you have objected to the processing pursuant and there are no overriding legitimate grounds for the processing;
      • the processing is unlawful;
      • the personal data have to be erased for compliance with a legal obligation in European Union or Member State law to which Runtastic is subject to.
    10. Right to Data Portability. You have the right to (i) receive a copy of your data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from us. In order to exercise your right to data portability please:
      • log in to Runtastic.com
      • click on Home
      • go to Account & Data on the left-hand side
      • click on Export Data on the right-hand side
      • follow the instructions in the email sent to your registered email once the export is ready
      • send the (part of the) personal data you want to have transmitted to the controller, to which you want the transmission to take place
    11. Right to Object. You have the right to object at any time to the processing of personal data for which our legitimate interests are the legal basis, including profiling. You also have the right to object to processing of personal data for direct marketing purposes.
    12. Right to File a Complaint. You have the right to file a complaint with your local data protection authority, if you think that our processing of your personal data infringes applicable law.
    13. The Österreichische Datenschutzbehörde (Austrian Data Protection Authority) can be contacted as follows:
      Mail: dsb@dsb.gv.at Phone: +43 (0) 1 52152 2550 Postal-Address: Barichgasse 40-42, 1030 Wien ,Austria Web: https://www.dsb.gv.at/kontakt
  7. Further Information
    1. Security Measures. We are committed to protecting your personal data and do implement appropriate technical and organizational security measures to protect it against any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. We require our service providers to do the same through contractual agreements.
    2. These security measures are constantly revised to comply with the latest technological developments. However, you should be aware that any transmission of your personal data through the internet is at your own risk. We can only protect your personal data once it reaches our area of responsibility.
    3. Transfer of personal data outside of the EU/EEA/CH. We only share your personal data with third parties outside the EU, EEA and Switzerland if (i) the third party is located in a country that provides an adequate level of data protection under Article 45 of the GDPR or if (ii) appropriate safeguards are in place to protect your personal data and your rights related thereto.
    4. Do Not Track Signals. Our Products do not recognize or respond to browser-initiated Do Not Track signals. To learn more about Do Not Track signals, you can visit https://allaboutdnt.com.
    5. California Consumer Privacy Act (“CCPA”). For information regarding your rights as a citizen of the US-State of California pursuant CCPA, please refer to Annex 1 - Information for California Residents pursuant the California Consumer Privacy Act (“CCPA”) .
    6. Russian Federal Law on Personal Data (“Law #152-FZ”) For information pursuant the Law #152-FZ, please refer to Annex 2 - Information for Citizen of the Russian Federation under the Russian Federal Law on Personal Data (“Law #152-FZ”) .
    7. Turkish Personal Data Protection Law No. 6698 (“TPDPL”). For information regarding your rights as a Resident of Turkey pursuant TPDPL, please refer to Annex 3 - Information for Residents in Turkey under the Turkish Personal Data Protection Law No. 6698 ("TPDPL") .
    8. Brazilian Lei Geral de Proteção de Dados („LGPD“). For information regarding the processing of personal data that is collected in Brazil, or while offering and supplying of our Products in Brazil or relates to data subjects who are geographically located in Brazil as well as regarding the data subjects rights pursuant LGPD, please refer to Annex 4 - Information for the processing of personal data in the scope of the Brazilian Lei Geral de Proteção de Dados („LGPD“) .
  8. Changes to the Privacy Policy
    1. General Information We review and update the Privacy Policy periodically to reflect any changes resulting from our day-to-day business operations. We will notify you when we make significant changes that you must be aware of.
    2. Last Update. This Privacy Policy was last modified on 2 September 2021 .
  1. Annex 1 - Information for California residents pursuant the California Consumer Privacy Act (“CCPA”)
      If you are a California resident, this section applies to you and supplements the Privacy Policy. Please note that when the Privacy Policy talks about personal data, this is personal information pursuant CCPA.
    1. Categories of Personal Information we process. In the preceding 12 months, we have collected the categories of personal information listed below.
      • Identifiers - for details please see Identity Information, Contact Information, Device Information and Location Information descriptions in the Privacy Policy.
      • Categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80) - for details please see Size Information and Purchase Information descriptions in the Privacy Policy.
      • Characteristics of protected classifications under California law, such as gender and age (over 40) - for details please see Identity Information description in the Privacy Policy.
      • Commercial information, including records of products or services purchased or purchasing habits - for details please see Purchase Information Description in the Privacy Policy.
      • Biometric information - for details please see Activity Information description in the Privacy Policy.
      • Internet and other similar network activity - for details please see Browsing Information and Device Information description in the Privacy Policy..
      • Geolocation data - for details please see Location Data description in the Privacy Policy.
      • Audio and visual information - for detail please see Profile & Community Information description in the Privacy Policy.
    2. Your Rights. Pursuant CCPA, California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may also request additional details about our processing practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting personal information, the categories of third parties with whom we share your personal information and the categories of personal information we have disclosed about you in the preceding 12 months. This corresponds with the Right to Information and Access as listed in the Privacy Policy and can be enforced accordingly.
    3. You also have the right to request deletion of your personal information (subject to certain exceptions). This corresponds with the Right to Erasure as listed in the Privacy Policy and can be enforced accordingly.
      Moreover, you have the right to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights.
      In addition to the ways to enforce privacy rights as described in the Privacy Policy, California Consumers may address their request to enforce their rights pursuant CCPA by making a call to our toll-free service number.
      Toll-free number for requests pursuant CCPA by residents of the US-State of California: 888 694 6364
      Please note that this Toll-free number is operated by adidas. Adidas processes your requests addressed to this number on our behalf.
      In any case, your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account id (which is required only if you already have an account with us).
      We will not discriminate against you if you choose to exercise your rights under the CCPA.
      The right to opt out from data selling is not enforceable regarding Runtastic, because Runtastic does not sell user data at all.
    4. Metrics reporting. We disclose the number of requests to know we received, complied with in whole or in part, or denied and the number of requests to delete that we received, complied with in whole or in part, or denied retroactively for each year here . There we also publish the median number of minutes within which we responded to these requests. Please note that as Runtastic is not selling any personal information, we therefore do not count "do not sell my data" requests.
  2. Annex 2 - Information for Citizen of the Russian Federation under the Russian Federal Law on Personal Data (“Law #152-FZ”)
      If you are a Russian resident, this section applies to you and supplements the Privacy Policy. In case there are certain contradictions between the Privacy Policy and this Annex 2, Annex 2 prevails. The Annex and the Privacy Policy were designed to meet the requirements of the Russian legislation on protection of the personal data. Details of processing personal data are stipulated in internal legal documentation of Runtastic. All the personal data is secured according to the Russian legislation and remains confidential unless the user declares it as public (e.g. by posting it). By sharing certain content or data (e.g. pictures) containing your image, you give to Runtastic irrevocable, perpetual, free of any remuneration consent to use these image and the right to use it by any means not prohibited by law and specified by the Terms of Service in whole or in part, without restrictions on the accompanying text, sound and / or visual design. The territory for such consent is not limited. You confirm to understand that in those cases your name and/or reputation can be associated with Runtastic. For the purpose of defining the scope of personal data in the legal context, it is specifically outlined that profile pictures are not considered to be personal data given the fact that it is not required to upload a picture and it is not necessarily an image of you (it could be any graphic image, e.g. drawing or cartoon). The purpose of processing, personal data categories, and legal basis are named in the Privacy Policy. For the avoidance of doubt, Russian users by following the registration and taking explicit note of the Privacy Policy provide consent as a legal basis for the processing When the Privacy Policy refers to the adidas AG as a Controller, for the Russian user adidas ltd. (121614, Moscow, Krylatskaya st., 15) acts as a Controller. Processing conditions and security measures:
      • For the development and implementation of specific measures to ensure the security of personal data, monitoring the implementation of this policy, a responsible person has been appointed – Data Protection Officer.
      • Runtastic has established a list of persons processing personal data.
      • Technical measures for the protection of the personal data:
        • carrying of technical measures aiming for preventing unauthorized access to personal data and (or) for transferring it to persons who do not have the right to access such information;
        • configuration of protective tools for timely detection of unauthorized access to personal data;
        • isolation of technical means of automated processing of personal data in order to prevent exposure to them, as a result of which their functioning may be disrupted;
        • exercising of constant control over ensuring the level of security of personal data.
      • Organizational measures for the protection of the personal data:
        • definition of threats to the security of personal data during processing and formation of threat models on that basis;
        • developing a personal data protection system that ensures the neutralization of alleged threats using methods for protecting personal data provided for the corresponding class of information systems;
        • establishment of a plan for conducting checks on the readiness of new information protection tools for use;
        • conducting trainings on how to work with the information protection tools used them for the employees who are using them;
        • keeping of records of persons (job titles) authorized to work with personal data in the information system;
        • monitoring of compliance with the terms of use of information security tools.
  3. Annex 3 - Information for Residents in Turkey under the Turkish Personal Data Protection Law No. 6698 ("TPDPL")
      If you are a resident in the Republic of Turkey, this section also applies to you and supplements the Privacy Policy.
    1. Reminder on Data Controller. We hereby declare that Adidas Spor Malzemeleri Satış ve Pazarlama Anonim Şirketi ("adidas Turkey"), a Turkish joint-stock company registered with the Istanbul Trade Registry under the number 406873, and having its registered offices at "Rönesans Biz Plaza Mecidiyeköy Mah. Oğuz Sok. No. 4 Şişli/Istanbul" shall not be considered as data controller within this Privacy Policy; accordingly adidas Turkey shall act only as data processor. The only data controller is Runtastic; and there is no joint data controller mechanism.
    2. Information on Data Protection Officer. As the term "Data Protection Officer'' is not defined under TPDPL it shall not be applicable in Turkey. However, you can contact us via email using the Email Address (see Contact ).
    3. Method and legal basis of personal data collection. We are only allowed to collect and process your data if we have lawful bases for processing in accordance with Article 5 and Article 6 TPDPL (including processing of personal data of the parties of a contract is necessary, provided that it is directly related to the establishment or performance of the contract, and processing of data necessary for the legitimate interests pursued by the data controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject). We collect the personal data fully or partially by automated means / methods provided being a part of the data recording system, in accordance with TPDPL.
    4. Your Rights. Save the circumstances stipulated under Article 28 of TPDPL entitled "Exceptions'', as the personal data subject you have the following rights within the scope of Article 11 of TPDPL upon your application to Runtastic:
      • to learn whether your personal data is processed or not - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • if your personal data has been processed, to demand information with regards to said processing - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • to learn the purpose of processing your personal data and whether your personal data is being used for the intended purposes - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • to know the third parties to whom your personal data is transferred within the country or abroad - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • to request the rectification of incomplete or inaccurate personal data, if any - this corresponds to the Right to Rectification as described in the Privacy Policy and can be enforced accordingly;
      • to request the erasure or destruction of your personal data in accordance with the conditions of the law and its regulations - this corresponds to the Right to Erasure as described in the Privacy Policy and can be enforced accordingly;
      • to request notification on operations conducted as per the two last sub-paragraphs - you will always receive such information if you requested Rectification or Erasure;
      • to object to the processing, exclusively by automatic means, of your personal data which leads to an unfavorable consequence for yourself - this partly corresponds to the Right to Object as described in the Privacy Policy and can be enforced accordingly;
      • to request compensation for the damage arising from the unlawful processing of your personal data.
    5. Contact Information of Local Personal Data Protection Authority in Turkey. Kişisel Verileri Koruma Kurumu Nasuh Akar Mahallesi 1407. Sok. No: 4, 06520 Çankaya / Ankara
  4. Annex 4 - Information for the processing of personal data in the scope of the Brazilian Lei Geral de Proteção de Dados („LGPD“)
      Whenever personal data is processed to make our apps, websites or other services usable in Brazil or you are located in Brazil at the time we collect your personal data, the LGPD applies. Overall, the LGPD is very similar to the GDPR in terms of its regulatory framework. Nevertheless, there are small deviations and additions which are explained in this Annex. Accordingly, this annex is supplementary to the information given in our Privacy Policy and applicable where the LGPD applies
    1. Legal Basis. The LGPD acknowledges the exercise of rights in judicial, administrative, or arbitral proceedings and protection of credit as legitimate bases for data processing. Accordingly, please note that in addition to the legal bases as set forth in Purpose and Legal Basis For Processing of Personal Data of the Privacy Policy, we might process your personal data because this is necessary to exercise our rights in judicial, administrative, or arbitral proceedings to which you and we are parties or to protect credit, where applicable.
    2. Types of processing activities we perform. For the purposes mentioned in Purpose and Legal Basis For Processing of Personal Data of the Privacy Policy, we carry out all necessary processing activities such as: collection, storage, sorting, query, matching, display, extract and arrangement. We might also access, inspect and evaluate your personal data e.g., to determine your success in a certain challenge, in connection with support services or to ensure compliance with our terms of use. Furthermore, it may be that we anonymize personal data and – e.g., if you ask us to do so – delete, block or correct it.
    3. Processing Location. Your personal data is processed and therefore transmitted to outside the Brazilian territory. Since we do not have any data centers or other data processing facilities in Brazil, this is necessary for all purposes described in Purpose and Legal Basis For Processing of Personal Data of the Privacy Policy.
    4. Contact / Data Protection Officer. If you have any questions about data protection, the handling of your personal data or your rights as a data subject, please contact us at any time by sending an email to the Email Address or via post to our address given in the Privacy Policy . Our data protection officer Martin Grossberger and his Team will take care of your request.
    5. Responsibility for the data processing. Runtastic is responsible for all data processing activities performed under our Privacy Policy. Runtastic is also responsible, if certain processing activities are carried out by contractors of Runtastic on behalf of Runtastic. These contractors are called processors and are contractually bound to process your personal data strictly in accordance with and only within the scope of our instructions. They must also ensure strict data security standards, must not disclose your personal data without our instruction and are obliged to stop processing the personal data immediately in case of termination of the contract.
    6. If you are a member of the adidas Membership Program, adidas is responsible for the processing of your data for the relevant purposes.
      If you connect to the service of one of our partners and export personal data from our apps to these services, the respective partner offering the service is responsible for the data processing from the moment of the export.
    7. Privacy rights. Regarding your personal data being processed by Runtastic in the scope of the LGPD, you have the following rights that can be enforces as described in the Privacy Policy or as indicated below:
      • confirmation of the existence of the processing - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • access to the personal data - this partly corresponds to the Right to Information and Access as described in the Privacy Policy and can be enforced accordingly;
      • correction of incomplete, inaccurate or out-of-date personal data - this corresponds to the Right to Rectification as described in the Privacy Policy and can be enforced accordingly;
      • anonymization, blocking or deletion of unnecessary or excessive personal data or personal data processed in noncompliance with the provisions of the LGPD;
      • portability of the personal data to another service provider or product provider, by the means of an express request, pursuant with the regulations of the national authority, and subject to commercial and industrial secrets - this corresponds to the Right to Data Portability as described in the Privacy Policy and can be enforced accordingly;
      • deletion of personal data processed with no other legal basis than your consent to do so;
      • information about public and private entities with which we have shared the personal data;
      • information about the possibility of denying consent and the consequences of such denial;
      • revocation of consent to process the personal data.
    8. Please note that the rights mentioned are not absolute rights. In individual cases it is possible that the exercise of these rights is opposed by rights or obligations of Runtastic or third parties.
    9. Possibility of denying consent and the consequences. If the Privacy Policy indicates that the processing of your personal data for a certain purpose is based on your consent, please be advised that you are not obligated to give such consent and that you may revoke a consent you have given at any time. In case you do not give a certain consent or in case you revoke a consent you have given, your personal data will not be processed for this purpose (anymore).