N-XS is a trademark belonging to Advanced Fitness Solution SA (referred to herein as "AFS"), a CH company located at 16 Guisan, Breganzona, Switzerland.
AFS respect the privacy rights of their on-line visitors and recognize the importance of providing a secure environment for the information they collect.
The recent updates due to the new EU General Data Protection Regulation (GDPR), effective as of May 25, 2018:
-make it easier for you to understand which data we collect and how we use it
-give you increased control over your data
-and provide a detailed explanation of your rights as a user.
N-XS operates an interactive online platform and mobile application(s) aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious.
In order to be able to use the complete spectrum of N-XS’s products and services (referred to herein as "SERVICE"), an one-time registration is required (see Section 4, below).
N-XS’s goal is to improve people wellness and to make a positive contribution to their health.
Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. N-XS neither substitutes your doctor, nor is N-XS responsible for your behavior. The contents of the N-XS.com platform or Apps from N-XS regardless whether they are provided by AFS, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies.
WHICH DATA WE COLLECT AND PROCESS
In General. AFS SA processes personal data that you as a user of the Products make available to us, for example by using our Products, and that others provide to us (“Data”).
Data You Provide to Us.
Mandatory Information: You have to provide us with certain information in order to register with us:
email address or phone number;
first and last name;
Optional Information: Certain information is optional during registration and can also be added or deleted later on by you, such as:
personal information: height and weight, address (street, postcode, city, country), profile picture, family status;
units: distance, weight, temperature;
reason and motivation: sports level; description; motivation for doing sports;
education and job: school, university; company, type of job;
contact information: phone number, website; Twitter, Skype.
Health & Fitness Activity Information
fitness activities: e.g. start time, duration, distance, calories, elevation, heart rate, and location data;
nutrition logging: e.g. time, calories, meal information (name, type, macronutrients, micronutrients);
personal goals: e.g. yearly running goal, weight goal;
training plan information: e.g. start date, training plan, associated fitness activities;
event participation: e.g. event name, time, location;
routes: e.g. name, description, location data;
photos: including location data;
Import Fitness Activity Information from Connected Accounts
General. We offer an automatic import of your fitness activity information from other platforms like Apple HealthKit.
You have to explicitly agree to connect your account from those platforms to your Runtastic account beforehand in order to import such data.
Apple HealthKit. We use Apple’s (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) HealthKit (for more information see here ) framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with the user’s explicit consent – lets apps communicate with the HealthKit store to access and share this data. We process the following Data, obtained through the HealthKit framework and the Apple CoreMotion processor (for more information see here ), for the purposes described below and with explicit consent by the user: steps, calories, distance, duration, and heart rate. New data attributes may be added to the HealthKit framework, which will be portrayed in the Product and which you have to consent to. N-XS FitApp and AFS SA analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. AFS SA does not use information gained through the HealthKit framework for advertising or similar services. You can always stop AFS SA from accessing your data by changing the settings of your mobile device.
What Are Cookies. The Website uses 'cookies' – small text files that are placed on your computer, mobile device and/or stored by the browser. The basis for the processing of Data via cookies are our legitimate interests.
WHY WE PROCESS DATA (“PURPOSES”)
Operating the Products. We process your Data to be able to provide you with a seamless user experience when using the Products.
Providing Services. To operate the Products and provide the services, including to
authenticate your access to an account;
track and display your health and fitness activities
show your training progress and statistics;
Customer Support. To investigate, respond to your requests, and resolve complaints and service issues, e.g. to contact you about a question you submitted to our customer service team.
Business Needs. We process your Data to manage our business needs.
Performance. We process Data to monitor, analyse and improve the use of our Products, as well as protect the security or integrity of the Products, and their performance and functionality. For example, we analyze user behaviour and perform research about the way you use our Products.
Research and Development. We process Data, including public feedback, to conduct research for the further development of our Products, in order to provide you and others with a better, more intuitive and personalized experience, and drive user growth and engagement in our Products.
Advertising. We target and measure the performance of ads to registered users and visitors directly or through DFP ) using the following data, whether separately or combined:
activity data (sport type, distance, duration).
Marketing General. We process Data to deliver (tailored) marketing materials about Runtastic products and online services to you.
Email/Push Message Marketing. With your explicit consent we will send you marketing emails or push messages with information on fitness and health-related topics. We will ask you to confirm your email address before you receive any marketing emails.
We store and use your Data for the purpose of email marketing or marketing on the Website by AFS SA. You can revoke your consent to the marketing emails and push messages at any time, by clicking the link at the end of the email or changing your privacy settings concerning push messages. We store the tracking information as long as you are subscribed to our marketing emails.
Retargeting. You might see marketing messages (ads) on the platforms listed below, if you give us your explicit consent to share your advertising identifier (IDFA, GAID) with those platforms. In addition, other users who have similar characteristics to you on those platforms could see marketing messages on those platforms as well. An opt-out is possible at any time in your privacy settings. It may take a few days after the opt-out until you are removed from all audiences.
We share Data with third parties
if this is necessary, for the Purposes,
due to a request from a national authority,
due to a court ruling,
if required by law,
if necessary to investigate and defend ourselves against any third-party claims or allegations,
to exercise or protect the rights and safety of AFS SA, our members, personnel, or
if you have (explicitly) consented beforehand.
We attempt to notify you about legal demands for your Data when we think it is appropriate, unless prohibited by law or court order, or when the request is an emergency. We may dispute such demands when we believe that the requests are overbroad, vague or lack proper authority.
Special categories of personal data, such as heart rate data or other health data, will never be shared with advertisers or similar agencies
HOW LONG WE STORE DATA
Storage Period. We store your Data as long as you are a registered user of the Products. Beyond that, we only store Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
Account Deletion. If you decide to delete your account, all Data we have about you will be deleted, with the following exceptions:
Any details made public by you (e.g. routes, comments on other registered users’ sport activities, will be anonymized, i.e. it will be made clear that such details were provided by a deleted user).
Any Data required for AFS SA performance of contractual obligations or compliance with statutory retention obligations shall not be deleted, but minimized to the necessary extent.
A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.
WHICH RIGHTS YOU HAVE
Exercise your Rights. To exercise your rights please send a request via email to the Email Address or via mail to our postal address.
Revocation of Consent. You can revoke your consent – in those cases where consent for processing is necessary – for future data processing at any time. However, this does not affect the lawfulness of Data processing based on the consent before the revocation. In certain cases, we may continue to process your information after you have withdrawn consent, if we have another legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
Right of Access. You have the right to obtain (i) confirmation as to whether or not your Data is being processed by us and, if so, (ii) more specific information on the Data. The more specific information concerns, among other things, processing purposes, categories of Data, potential recipients, or the duration of storage.
Right to Rectification. You have the right to obtain the rectification of inaccurate Data concerning you from us. In case the 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 information in the settings and (ii) it is not technically possible for us to rectify all kinds of data in our Product.
Right to Erasure. You have the right to delete Data we store about you. Should you decide to do so, please go to your account settings on the Website and delete your account there. If you are unable to do this, please contact us via the Email Address. As a safety measure, we will send you an email in order for you to confirm this deletion. We will delete your Data after this confirmation. Please note that your phone may still have Data stored on it after deletion of your account.
Right to Restriction of Processing. You have the right to obtain a restriction of processing of your Data from us in the following cases:
you are of the opinion that the processing of your Data is unlawful, but are opposed to an erasure of Data;
you still require the Data for the establishment, exercise or defense of legal claims; or
you have objected to the processing
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.
Right to Object. You have the right to object at any time to the processing of Data for which our legitimate interests are the legal basis, including profiling based on those provisions. You also have the right to object to processing of Data for direct marketing purposes.
Right to File a Complaint. You have the right to file a complaint with http://www.afs-sa.ch/http://www.afs-sa.ch/http://www.afs-sa.ch/supervisory authority, if you think that the processing of Data infringes applicable law.
N-XS offers Mobile applications and N-XS Fit applications (referred to herein as "APPLICATIONS") Apple iPhones, Android phones and other smartphones on a global scale,
These APPLICATIONS can be used both isolated on the smartphone as well as in connection with the N-XS.com platform and/or with the Fit Totem installed in Fitness centers.
Subject to the user's consent, relevant data is transmitted from the smartphone to the N-XS.com platform and shared with other social networks (e.g., Facebook), respectively.
The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the N-XS.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
The mobile applications are only available to users of smartphones.
Additional terms and conditions on the part of the mobile phone-providers apply.
To use the SERVICE and/or the APPLICATION, you must register, or have previously established, an account on the www.n-xs.com (an “ACCOUNT”). Creation and use of Accounts are subject to the following terms and conditions.
The registration is free.
Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with N-XS. Minors may only register with N-XS subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to firstname.lastname@example.org.
Each user shall register with N-XS once only, and confirms with its registration that it has not registered an account with N-XS before and has not deleted a previously activated user account.
Subject at all times to Section 9 hereof, a user can register in one of two ways:
Registration by use of the registration form provided on the N-XS.com platform:
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 phantasy names or pseudonyms is not possible.
Adoption by N-XS of registration details provided by the instructor of your fitness center.
Following successful registration, the user can log on to the N-XS.com platform by entering its email address and the chosen password.
During the ACCOUNT creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “LOGIN INFORMATION”). The user agree that he will not share the ACCOUNT or the LOGIN INFORMATION with anyone other than as expressly set forth in this Agreement.
N-XS reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
N-XS 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.
Security of all personally identifiable information associated with N-XS’ users and visitors is a primary concern of AFS. Thus, AFS has adopted reasonable security measures to protect the security of N-XS’ users’ information. N-XS use a secure layer for all data transmission within our site. N-XS use industry standard encryption technology when transferring and receiving consumer data exchanged with www.n-xs.com including the protection of credit card data during transmission. Nevertheless, AFS cannot guarantee complete security of users’ information inasmuch as no security systems are foolproof. It is also important for any users/visitors to protect against the unauthorized access to any personal information as well as to any personal computer and/or mobile.
GENERAL TERMS AND CONDITIONS FOR ALL USERS
You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@N-XS.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
N-XS.com 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.
PROMOTIONS AND FREE OFFERS
N-XS.com 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.
SPECIAL CONDITIONS FOR SERVICES SUPPLIED UNDER GYM ID SECTION
In order to use the Gym ID services, you must (i) be a registered user of N-XS.com, and (ii) pay the stipulated price, if agreed, along with (in case) the VAT and any other fees or amounts associated to your fitness center.
If you are not a Registered User of N-XS.com, you must register before you can execute the Gym Id section.
Under Gym ID section you can enable to share your workout reports with your instructor, personal trainer or nutritional advisor. By accepting present terms you allow AFS to share your personal data with the subjects under Gym Id.
Each user shall have the right to terminate the use of N-XS's online platform at any time via its account settings. N-XS shall confirm such termination vis-a-vis the user.
Additionally, N-XS reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
As a result of any termination pursuant to this Section 8 or cancellation pursuant to Section 9 hereof,
All personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users' walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to email@example.com, which shall include the email address provided to N-XS upon registration.
USER OBLIGATIONS AND CONDUCT
Each user of the N-XS.com platform must
truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
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 N-XS 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;
not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
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;
not carry out any disrupting interferences in the N-XS network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding N-XS's software or hardware;
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;
provide prompt notice via email to abuse@N-XS.com of any detected breaches of the aforementioned obligations;
diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. N-XS shall not be responsible for any lost or impaired details.
In order to ensure the proper and reliable provision of services, N-XS imposes the following sanctions upon breach obligations by a user:
• 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 N-XS's and the user's interests.
In the event a user account shall be cancelled the respective user shall not be permitted to register again.
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.
The user consents that marketing measures may also be taken in the proximity of content created by such user.
N-XS 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
comply with statutory law, or court or administrative orders
react to claims of breaches of law raised by third parties; or
safeguard the rights, property or personal safety of N-XS, its users and the general public.
The user grants AFS the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, N-XS shall have the right to use, irrespective of the type of usage, all content both as part of the N-XS platform and any other activity of N-XS or any company affiliated with N-XS. 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 N-XS uses content created by a user outside the N-XS platform, N-XS shall note that such content was created by the user.
1N-XS does not claim ownership of any content created by users and will not supervise such content.
N-XS shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc..
For any transaction on www.n-xs.com, we will collect your name, mailing address, phone number and credit card information for use in processing your transaction. We will also collect your e-mail address when you do so, in order that we may send you any necessary e-mail messages related to your transaction. We will not sell or rent your e-mail address to any third party.
REPRESENTATIONS AND WARRANTIES
AFS does not represent or warrant that the N-XS.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
AFS does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
The user uses the N-XS offering exclusively at its own risk. This applies, without limitation, to
the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “heart rate monitoring", by pressing the photo light for a prolonged period, the user's finger may heat up.
downloading of the user's own and third party content; and
any use by the user of data created or provided by N-XS, 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 N-XS does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
The use of any software or hardware offered by AFS through the brand N-XS is no substitute for the consultation by the user of a specialized doctor.
Additionally, AFS 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. N-XS does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITY
AFS shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if AFS has caused a certain damage willfully or with gross negligence. In the event of slight negligence, AFS shall not be liable to other businesses and shall be liable to consumers only for personal damages. AFS shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
Unless required by statutory law, neither N-XS 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 online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
AFS assumes no liability for downloaded material or material obtained as a consequence of using the N-XS.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the N-XS.com platform.
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 AFS will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
INDEMNIFICATION BY USERS
The user shall indemnify AFS 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 the N-XS.com platform by such user or as a result of any other usage by such user of applications available from N-XS. The user shall bear the costs of any legal proceedings, in which AFS 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.
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to AFS all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that N-XS may be entitled to bring against the user shall not be affected.
Place of delivery and exclusive court of jurisdiction shall be Lugano, Switzerland.