TERMS & CONDITIONS and PRIVACY POLICY

At firstmove, 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:

• 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.

TERMS & CONDITIONS

1. INTRODUCTION

1.1 Who we are

Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR, Kriegsstraße 288, 76135 Karlsruhe, Germany (“firstmove”) operates an interactive online platform (“Platform”) and mobile Apps (“Apps” and together with the Platform, the “firstmove Products”) aiming to empower athletes to gain feedback about complex movements in sports to become more conscious about their body. Furthermore, we’re striving to link athlete’s training load to his/her performance development. firsmove offers an iOS, and Watch OS App in conjunction with the services on the platform.

1.2 Registration

In order to be able to use the complete spectrum of firstmove Products, a one-time registration is required.

1.3 Our Goal

firstmove creates a fully improved strength training experience based on your body’s needs powered by Apple Watch.

1.4 Disclaimer

2. VALIDITY OF THE T&C

2.1 Validity

firstmove offers the firstmove 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 firstmove Products, in case they are available without registration, or by (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version of November 5th, 2020.

2.2 Prerequisite

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

2.3 Extent

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

3. SUBJECT OF THE AGREEMENT

Currently, firstmove essentially offers its users the following features and information in one language: English

3.1 Platform

3.1.1 Personal profile page, including personal details;

3.1.2 News regarding firstmove in short form;

3.1.3 Fitness Apps;

3.1.4. Content, e.g. texts, pictures, regarding sports, that is represented by firstmove;

3.1.5 Other content, such as

• Support for users;
• Privacy Policy and these T&C;
• Legal Information

3.2. Apps

3.2.1. Applications for Apple iPhones and Apple Watches on a global scale, that can be used both isolated on the smartphone/smartwatch as well as in connection with the Platform.

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

3.2.3. 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.

3.2.4 The mobile applications are only available to users of smartphones and smartwatches. Only the basic functionality of the mobile applications is available for free.

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

4 REGISTRATION

4.1 Free Membership

The firstmove Products require a one-time, free registration. The minimum age for registration is determined by country. The “Free Membership” makes only basic options and features in the Apps available to users (“Free Features”). firstmove offers users one way of registering:

4.1.1 Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g. email address.

4.2 Minors

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

4.3 Consequences of Registration

4.3.1 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.

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

4.3.3 Following successful registration, the user (then the “Registered User”) can log on to the Platform by entering his/her email address and the chosen password.

4.4 Rights of firstmove

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

4.4.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or firstmove has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, firstmove 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.

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

4.5 User Identity

firstmove is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extend. Each user shall himself 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

5.1 Fraud Protection

5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected].

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

5.1.3 firstmove 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.

5.2 Promotions and Free Offers

firstmove may run promotions and free offers, which may be subject to additional terms and restrictions. These promotions and offers may not be transferred between users.

5.3 Changes to the Apps

firstmove reserves the right to change options or features in the Apps. In most cases fistmove 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, firstmove will not refund previously paid amounts, unless otherwise provided for in Section 8.

6 DISCONTINUATION

6.1 Discontinuation of Apps

firstmove reserves the right to discontinue one or more Apps. All users shall be given notice of the discontinuation of the App. 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. firstmove 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. firstmove assumes no liability for this.

6.2 Notice

fistmove may give notice as mentioned under Section 6.1 by informing you either by email or through communication within the firstmove Products.

7 TERMINATION

7.1 General

Each user shall have the right to terminate the use of firstmove Products at any time via his/her account settings. Such termination shall be confirmed to the user.

7.2 firstmove’ Termination Right

Additionally, firstmove 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.

7.3 Further Information

Please see our Privacy Policy for further information on the deletion of your account.

8 SPECIAL CANCELLATION RIGHT FOR CONSUMERS

8.1 Application of Consumer Laws

If you are a Registered User, using the firstmove 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.

8.2 Right to Withdrawal from Contract

You may cancel your agreement with firstmove 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:

Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR
Kriegsstraße 288
76135 Karlsruhe Germany
Email: [email protected]

8.3 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 firstmove in full or in part, you are obligated to reimburse firstmove 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 8 may occur via the following cancellation form:

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

To Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR,
Kriegsstraße 288,
76135 Karlsruhe, Germany,
Email: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract if 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 firstmove Products, > Signature of consumer(s) (only if this form is notified on paper), Date

(*) Delete as appropriate

9 USER OBLIGATIONS AND CONDUCT

9.1 User Obligations

Each user of the firstmove Products must

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

9.1.2 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 rights 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 firstmove that all required rights, licenses, permits etc. have been avidly obtained. This shall also apply to content subject to intellectual property rights, such as trademarks. The user shall be exclusively responsible for such content;

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

9.1.4 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;

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

9.1.6 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;

9.1.7 provide prompt notice via email to [email protected] of any detached breaches of the aforementioned obligations.

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

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

10 BREACH OF USER OBLIGATIONS

10.1 Sanctions

In order to ensure the proper and reliable provision of firstmove Products, firstmove 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 breach in light of firstmove’s and the users interests.

10.2 Cancellation

In the event a user account shall be cancelled in accordance with this Section 10, the respective user shall not be permitted to register again.

11 CONTENT

11.1 General

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

11.2 Tracking

The user consents that, as a result of 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.

11.3 Disclosure

firstmove 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 any reasonably necessary, in order to

11.3.1 comply with statutory law, or court, or administrative order;

11.3.2 ensure compliance with the T&C;

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

11.3.4 safeguard the rights, property or personal safety of firstmove, its users and the general public.

11.4 Use of Content

The user grants firstmove the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such a user. Accordingly, firstmove shall have the right to use, irrespective of the type of usage, all content both as part of firstmove or any company affiliated with firstmove. 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 firstmove uses content created by a user outside the firstmove Products, firstmove shall note that such content was created by the user.

11.5 Ownership

firstmove does not claim ownership of any content created by users and will not supervise such content.

11.6 Deletion

firstmove reserves the right to delete content created by users, such as routes, phones, events or comments without giving reasons. In this event, the user of these T&C, may be sanctioned in accordance with Section 11.

11.7 Inaccurate Content

firstmove shall not be responsible for inaccurate content created by users, e.g., details regarding exercise execution and improvement etc.

12 PRIVACY POLICY

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

13 REPRESENTATIONS AND WARRANTIES

13.1 Limitation

firstmove does not claim or warrant that

13.1.1 the firstmove Products will be available at all times, or that the software will be completely free from errors; and

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

13.2 Own Risk

The user uses firstmove Products exclusively at his/her own risk. This applies, without limitation, to

13.2.1 the related use of any hardware, including, but not limited to, the respective smartwatch, e.g., in the course of using the feature “movement recording”, by using kettlebells which might fall on the smartwatches’ screen;

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

13.2.3 any use by the user of data created or provided by firstmove, including, but not limited to (i) acceleration, gyroscope, and heartrate, or (iii) recommendation for actions, e.g., performance, exertion, an increase of repetitions or weight used etc. The user explicitly acknowledges that any such data or content may contain errors, and firstmove does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

13.3 Medical Advice

The use of any software offered by firstmove is no substitute for the consultation by the user of a specialized doctor.

13.4 External Content

Additionally, firstmove 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 arrangement 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. firstmove does not make any representations or warranties with respect to products or services of this 3rd party provider.

14 LIMITATION OF LIABILITY

14.1 General

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

14.2 Content

Unless required by statutory law, neither firstmove nor any of its businesses 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 firstmove Products. This also applies to damages resulting from errors, problems, viruses, or loss of data.

14.3 Downloads

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

14.4 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 firstmove will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

15 INDEMNIFICATION BY USERS

15.1 Indemnification

The user shall indemnify firstmove 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 firstmove Products by such user or as a result of any other usage by such user of applications available from firstmove. The user shall bear the costs of only legal proceedings, in which firstmove may be in involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

15.2 Support

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

16 CHANGES TO THE T&C

16.1 General

firstmove 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.

16.2 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 either obtain your specific consent to the change through communication in the firstmove Products, or firstmove 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, firstmove 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 T&C is not possible or unreasonable for firstmove.

16.3 Written Form

Subject to Sections 16.1 to 16.2, any changes to these T&C must be made in writing. No ancillary oral agreements exist.

17 MISCELLANEOUS

17.1 Severability Cause

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.

17.2 Governing Law and Jurisdiction

17.1.2 These T&C and all contractual relations and litigation between the user and firstmove, shall be governed by German law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

17.1.3 Place of delivery and exclusive court of jurisdiction shall be Mannheim, Germany.

PRIVACY POLICY

1 IN GENERAL

1.1 Felix Raab Alexander Kasper Julian Rothenbacher Manuel Frietsch GbR, Kriegsstraße 288, 76135 Karlsruhe, Germany (“firstmove”), we the team of firstmove, email address: [email protected] (“Email Address”), process your personal data when you use our apps (“Apps”) or website (“Website” and, together with the Apps, “Products”). The processing of your personal data takes place in compliance with applicable local data privacy laws, e.g. the EU General Data Protection (“GDPR”) and the German data protection act in its current form.

1.2 In this privacy policy (“Privacy Policy”) we want to provide you with the information about us, the nature, scope and purposes of the data collection and use, giving you insights into the processing of your personal data.

2 CONTROLLER

2.1 Controller. In general the controller of data processing is firstmove. You can contact us via email using the Email Address.

2.2 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.

3 WHICH DATA WE COLLECT AND PROCESS

3.1 In General. firstmove 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”).

3.2 Categories of Personal Data. These are the categories of Personal Data we collect directly or indirectly from you:

Identity information – includes: name (first, last), email address and unique identifier number. We use it to verify your identity.

Contact information – includes: your email address. We use it to contact you for different reasons depending on the purpose.

Location information – includes: current log-in location (IP address), and/or GPS location (if you wish to share with us, for example through your mobile device settings) or other phone related location data (e.g. via WiFi or Bluetooth), or the specific firstmove site you have visited that might give us clues about where you are. We use it to operate our products and adapt your product experience to your location.

Behavioral and Profile information – includes: product reviews, social media interaction with us, and any other intelligence we have about you to help us learn you as a consumer better, including “Community information”. We use it to know you better as a consumer, so we can send you marketing messages containing only products and services that we think you might be interested in.

Community information – includes: friendship and follower information in the firstmove community, information provided by you when you participate in various firstmove events and groups/communities either as a trainer, team member, a participant or as a promoter of our events, including for example: pictures, videos, your team, your interests and preferences, your feedback, leader boards, event participation, joined groups and registration details.

We use Community information to operate our products, to organize the events and communities, and to connect you with other members within our communities.

Social Media information – includes: Information obtained through your interaction with us on various social media channels such as Facebook, Instagram, etc., including: any social media information that is publicly available, such as your social media handles, social media interactions and public postings, your “Likes” and other reactions, your social media connections, your photos that are public, or those you send to us by mentioning us or following our social media posts by using “handles” or “hashtags”. We obtain this information from the social media network (e.g. Facebook, Instagram, etc.) directly or indirectly through third-party agencies we have agreements with.

Device information – includes: Information about your device or browser that give us an idea about your browsing behaviour or device usage. Your device information is collected by our apps, and your browser information is collected by our cookies, tags, and pixels. This is often required for network security purposes. This includes, but not limited to: IP address, date and time of the visit, how long you remain on our website, transmitted data volume, the referral URL (if you came to our site via a different site or an advertisement), the pages visited on our site, your browser type (including language and version of the browser software) and add-ons, device identifier and features, device type, versions, operating system.

Activity information – includes: fitness data (for example workout start and end times, activity type, training weight, heartrate and calories), sensor data (this includes, but is not limited to: duration, acceleration, gyroscope, exercise repetitions, exercise type), and other data (e.g. photos including location data) related to our fitness app. We use it to operate our products, to help you improve your performance goals, improve your user experience, and identify what products might be best for you based on your exercise patterns.

Preference information – includes preferred language and log-in location, units (weight, repetitions, exercises). We use it to give you convenience when you visit our sites and apps.

3.3 Service Use

Google Analytics

This website uses Google Analytics, a web analysis service of Google. Google Analytics uses cookies. See our Cookie Policy for more information on cookies and how to opt-out of them. We use Google Analytics to analyse and constantly improve the use of our Products. The Products use Google Analytics in conjunction with the option “_anonymizeIP()”. This means, IP addresses are processed in a shortened form in order to prevent transmission of any personal data. This basis for the processing of Data are our legitimate interests.

firstmove Event Tracking

When you are using our Products, we will collect certain event information (e.g. opening a firstmove app, starting a sport activity, visiting our Website) and send them to our servers. This allows us to analyse and constantly improve the use of our Products.

3.4 Cookies and Similar Technologies

Cookies

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.

Cookie Policy. For more information on the cookies we use, which, if any, personal data they collect, and how to disable them.

Do Not Track Signals. The 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.

4 WHY WE PROCESS DATA (“PURPOSES”)

4.1 Operating the Products. firstmove processes 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 fitness activities;
• Show your training progress and statistics;

Credentials to fristmove authentication platform. We know you don’t like to remember usernames and passwords, or having to register multiple times. To enable our users to log on Products operated by firstmove Controllers with one set of log-in credentials, we store your login credentials in the firstmove authentication platform. When you use your firstmove Log-in to enter any of the firstmove Products, we will use a token to verify your identity from the firstmove authentication platform. This also further ensures our network and domain security. The basis for processing of Data are our legitimate interests.

Connect with Friends. To make it easier for you to find and connect with others. We may use the information you have shared within the Products, including GPS data, to suggest connections between you and people you may know. For example, we may associate information that we learn about your friends’ use of the Products, and information you and others provide, to suggest people you may know or may want to transact with through our Products.

Customer Support. To investigate, respond to your requests, and resolve complaints and services issues, e.g. to contact you about a question you submitted to our customer service team.

4.2 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 analyse user behavior 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.

Marketing General. We process Data to deliver (tailored) marketing materials about firstmove products and online services to you.

Email/Push Message Marketing. With your consent, firstmove will send you personalized marketing emails or push messages with information on fitness topics.

We would like to inform you that we assess your user behaviour when reading the emails with the help of so-called web beacons or tracking pixels. The information created by this is then linked to the information collected in 3.2 Categories of Personal Data, your email address, and an individual ID: With this merged information, we can create a user profile to personalize our marketing emails/push messages. We collect data on when you click and combine this with your actions in the Products.

We store and use your Data for the purpose of email marketing on the Website by firstmove. 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 device settings concerning push messages. We store the tracking information as long as you are subscribed to our marketing emails.

The basis for the processing of your personalized Data is based on your Marketing Consent. 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.

4.3 Compliance and Enforcement

Compliance. We process your Data to comply with our obligations and in compliance with all applicable laws and regulations.

Enforcement. We process your Data, if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our Terms & Conditions or this Privacy Policy and/or attempts to harm our members or visitors.

5 SHARING OF PERSONAL DATA

5.1 General

We share Data with third parties

• if 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 firstmove, 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 our 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 movement data through accelerometer or gyroscope will never be shared with advertisers or similar agencies.

Cooperation with universities and research institutes is an exception. Hereby we will share personal data anonymized for further research and incorporation of the results in our Products.

5.2 Our Services

Profile. Your profile is fully visible to your friends on firstmove by default. This means, as soon as you add friends in the Products, those people will be able to see your profile, including when you join groups and events. In your privacy settings you can also set your profile visibility to “Only me” or “Everybody”. Please note that your first name, last name, and profile picture are visible to everybody at all times. This is necessary to enable others to send you a friend request.

Workout Tracking. The Products include a “Workout Tracking” feature, which enables you to see the workout you are performing and data, including exercises, of your sports activity on certain parts of the Products. Workout Tracking can not be deactivated.

5.3 Service Providers

Service Provider. We share your information to others who help us provide and improve our Products (e.g. maintenance, analysis, audit, payments, fraud detection, marketing and development). Service provider will have access to your information as reasonably to perform these tasks on our behalf, and are obligated not to disclose or use it for other purposes. We use processors such as Amazon Web Services and netcup GmbH.

6 HOW LONG WE STORE DATA

6.1 Retention Period. We need to maintain your data for as long as you have an account with us. If you are a user within the EU and you stop using our services without requesting to delete your data, we will keep it for 25 months after your last interaction with any firstmove touchpoint. Beyond that, we only store Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.

6.2 Account Deletion. If you decide to delete your account, all Data firstmove have about you will be deleted, with the following exceptions:

• Any details made public by you (e.g. workouts, 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 firstmove’s 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.

7 WHICH RIGHTS YOU HAVE

7.1 Exercise your Rights. To exercise your rights defined in sections 7.2 to 7.8, please send a request via email to the Email Address or via mail to our postal address.

7.2 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.

7.3 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.

7.4 Right of 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 (ii) it is not technically possible for us to rectify all kinds of data in our Products.

7.5 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 or in the Apps and delete your account there. If you are unable to do this, please contact us via 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 the confirmation. Please note that your phone may still have Data stored on it after deletion of your account.

7.6 Right of Restriction of Processing. You have the right to obtain a restriction of processing of your Data from us in the following cases:

• you make an inquiry pursuant para. 7.4, if you so request;
• you are of the opinion that the processing of your Data is unlawful, but are opposed to erasure of Data;
• you still require the Data for the establishment, exercise or defense of legal claims; or
• you have objected to the processing pursuant para. 7.8

7.7 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. You can request a copy of your Data from the Email Address.

7.8 Right to Object. You have the right to object at any time to 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.

7.9 Right to File a Complaint. You have the right to file a complaint with your local supervisory authority, if you think that the processing of Data infringes applicable law.

8 FURTHER IMPORTANT INFORMATION

8.1 Legal Bases. Data protection laws regulate that we are only allowed to collect and process your Data, if we have lawful bases for processing. The lawfulness of Data processing stems from:

• Your (explicit) consent in cases where you have given (explicit) consent to the processing;
• The need for the performance of your user contract, e.g. where Data is needed for a satisfactory use of the Product; or
• Legitimate interests pursued by firstmove or a third party, e.g. our use of cookies, plug-ins, or targeted advertising.

Our legitimate interests include protecting you, firstmove, or others from security threats or fraud, complying with all applicable laws, managing and improving our business (e.g. customer service, reporting) including possible corporate transactions (e.g. M&A), enabling users to share their and connect via their fitness experiences, and express all fitness opinions.

8.2 Security Measures. We are committed to protecting your Data and implement appropriate technical and organizational security measures to protect it against any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. Those security measures are constantly revised to comply with the latest technological developments.

8.3 What does firstmove do when we transfer your Personal Data outside of the EU/EEA? Depending on the Personal Data processing activity, your Personal Data is shared with different “Categories of Recipients”. Where the recipient is located outside the EU/EEA, we have implemented necessary measures such as signing the EU Standard Contractual Clauses approved by the EU Commission or selecting vendors that certify and comply with the EU-US Privacy Shield Framework.

9 CHANGES TO PRIVACY POLICY

9.1 General. We review and update the Privacy Policy periodically to reflect any changes resulting from our day-to-day business operations. You can always check the date of the Privacy Notice to find out when we last made any changes. We will notify you when we make significant changes that must be aware to you.

9.2 Last Updated. This Privacy Policy was last modified on November 05th, 2020.