90DC B.V., with its registered office at Koopmanstraat 6 in (2672 GB) Naaldwijk (municipality of Westland, province of South Holland, the Netherlands) and listed in the Commercial Register of the Chamber of Commerce under number 90726898, offers, in collaboration with Browney B.V., with its registered office at Koopmanstraat 6 in (2672 GB) Naaldwijk (municipality of Westland, province of South Holland, the Netherlands) and listed in the Commercial Register of the Chamber of Commerce under number 81423365, through the Application, Services under the name 90 Day Challenge (hereinafter referred to as “90 DC”). This privacy policy, as amended from time to time, is applied by 90DC.
The customer can purchase the Services from 90DC B.V. through Google or Apple. These privacy regulations apply to all legal relationships between the Customer and 90DC B.V.
1. General
90DC attaches great importance to the protection of your personal data. In these Privacy Regulations we provide information about how we handle personal data. This privacy policy describes, among other things, which personal data is collected and processed by 90DC and for what purpose. 90DC in all cases complies with applicable privacy legislation, including the General Data Protection Regulation (GDPR). This means that we, in any case:
Process your personal data in accordance with the purpose for which it was provided; these purposes and types of personal data are described in these privacy regulations;
Limit the processing of your personal data to only those data that are minimally necessary for the purposes for which they are processed;
Ask for your explicit consent if we need it to process your personal data;
Have taken appropriate technical and organizational measures to ensure that your personal data is secured;
Do not pass on personal data to other parties, unless this is necessary for the implementation of the purposes for which they were provided;
Remind you of your rights with regard to the processing of your personal data.
2. What personal data do we process?
We process the personal data that you have provided to us, for example in the context of the delivery of products and/or services to you, or that we have obtained because you have used our website, because you have completed a contact form, or because you have signed up for our newsletter.
The personal data that we can process from you include:
your name;
your gender;
your height and weight;
your age;
your address;
your sporting performance and your eating habits;
your daily activity data — your daily step count and daily active calories burned — but only if you explicitly enable health syncing, as described in section 3;
your contact details, such as your e-mail address;
photos, portraits and other images that you actively provide/upload/use in the application;
other data that you actively provide, such as data from your account on Twitter, LinkedIn, Instagram, Facebook, Snapchat or other social media services, as well as data that you provide to us through correspondence, both in writing and verbally/by telephone;
your surfing and clicking behavior when using the Application;
other data for which we have requested and obtained consent from you.
3. Health and fitness data (Health Connect and Apple Health)
The Application offers an optional habit-tracking feature that can automatically track your progress toward daily activity goals. If you choose to enable this feature, the Application connects to Health Connect by Android (on Android devices) or Apple Health / HealthKit (on iOS devices).
3.1 What health data we access
With your explicit consent, granted through the Health Connect or Apple Health permission screens, the Application reads only the following data types:
Steps — your daily step total;
Active calories burned — your daily active energy total.
We read daily aggregate totals only. We do not read raw sensor recordings, location data, or any other health data types, and we do not write any data to Health Connect or Apple Health.
3.2 Why we access this data and how we use it
This data is used exclusively to provide the habit-tracking feature you enabled: to automatically fill in your progress toward the daily step goal and/or daily active-calorie goal you have set (for example, 10,000 steps per day), and to display your progress and streaks in the Application. Your daily totals are stored with your account so that your habit history and streaks can be shown to you across sessions and devices.
3.3 What we do not do with your health data
We do not use health data for advertising, marketing, or promotional purposes of any kind;
We do not sell health data, and we do not share it with third parties for their own purposes;
We do not use health data to determine eligibility for, or the price of, any product, insurance, credit, or employment;
We do not disclose health data except to service providers (processors) who host our infrastructure on our behalf, under processing agreements as described in section 6, or where we are legally required to do so.
3.4 Consent and withdrawal
Access to your health data is granted only after you explicitly allow it in the Health Connect or Apple Health permission dialog. You can withdraw this consent at any time:
on Android, via the Health Connect app (Health Connect › App permissions › 90 Day Challenge);
on iOS, via the Health app or Settings › Privacy & Security › Health;
or by disabling auto-tracking for the habit within the Application itself.
After withdrawal, the Application immediately stops reading your health data. You can additionally request deletion of the health data already stored with your account at any time by sending an e-mail to support@the90dc.com. Health data is also deleted when your account is deleted.
4. Purposes of use
4.1 We use your personal data for a number of different purposes. They are:
4.1.1 Entering into and executing an agreement
If you conclude an agreement with us, we will ask you for your contact details. This data can also be used for invoicing.
4.1.2 Maintaining contact with you
Your contact details are kept in our customer system and can be used for, among other things, sending you notifications, making changes to our services, updates, sending invitations to events and/or challenges and sending information that you have requested from us.
4.1.3 Improving our product and service information and carrying out targeted marketing campaigns
We aim to provide you with relevant information. For this purpose we analyze the following data (health data as described in section 3 is never used for these purposes):
a. Interaction data
Personal data obtained from contact between 90DC and you, for example through our website, application, e-mail messages or verbally/by telephone.
b. Behavioral data
Personal data that 90DC processes about your behavior, such as your preferences, opinions, wishes and needs. We can, for example, derive this data from your surfing and clicking behavior on the application, reading our notifications/updates or because you have requested information.
c. Analyzing the use of our website
The user statistics of the website enable us to gain an idea of, among other things, visitor numbers, the duration of the visit and which pages of the website and application were viewed. This concerns a collection of generic data, without information about individuals. We use the information obtained to improve our website.
4.1.4 Providing automatic habit tracking
If you enable health syncing, we use your daily step and active-calorie totals solely to track your progress toward the habit goals you have set, as described in section 3.
4.1.5 Reviewing photos and associated stories you actively provide to us in order to organize a competition
5. Legal basis for processing
5.1 We only process personal data if there is a legal basis for doing so. The legal grounds on which we process personal data are:
consent
an agreement or in the run-up to concluding an agreement
a legitimate interest
Consent
If we have asked you for consent to process your personal data and you have granted this consent, you will always have the right to withdraw this consent by sending an e-mail to support@the90dc.com. Health data as described in section 3 is processed exclusively on the basis of your explicit consent.
Agreement or in the run-up to concluding an agreement
If you have concluded an agreement with us, we process personal data if and insofar as this is necessary for the execution of the assignment.
Legitimate interest
We may also process personal data if we have a legitimate interest and therefore do not disproportionately infringe your privacy. For example, we use your contact details to send you notifications (such as updates) and information and/or to invite you to events.
6. Third parties (processors) engaged by us
We may engage service providers (processors) to process your personal data, who process personal data exclusively on our behalf. We conclude a processing agreement with these processors. This processing agreement states, among other things, that the processors act exclusively on our instructions and may not use the personal data for their own purposes.
Processors that we use, for example, are parties that offer and host software used by us. We also engage IT service providers to manage our IT network. We also use third-party services to send notifications.
7. Provision of personal data to third parties outside the EU
In the context of our services, it may be necessary to share personal data with parties (processors) located outside the European Economic Area (EEA). These parties guarantee an appropriate level of security of personal data. In our contractual relationship with these processors, we use model contracts approved by the European Commission (Decision 2010/87 / EU) as appropriate safeguards. Your personal data will not be shared with third parties for commercial purposes.
8. Your rights
By law, every person can exercise certain rights with regard to his or her personal data. For example, you have the right to inspect, rectify and delete personal data. And you can withdraw consent given. You can also object to the use of your data or request that this use be limited. In certain cases, you can even request your data and take it to another party instead. For all these questions, please contact us at support@the90dc.com.
9. Retention periods
We will keep your personal data for as long as necessary with a view to the purpose for which we obtained the data, unless a statutory retention period applies.
If we process your personal data based on your consent, we will delete your personal data once you have withdrawn your consent, or once you have opted out.
10. Complaints?
If you have any complaints about how we handle your personal data, you can contact us by sending an e-mail to support@the90dc.com. We are committed to finding a solution. If this does not work, you can always contact the Dutch Data Protection Authority at Hoge Nieuwstraat 8 in (2514 EL) The Hague; the options for contacting the Dutch Data Protection Authority in order to submit complaints are listed at Contact | Dutch Data Protection Authority.