Privacy Policy

Thank you for downloading our mobile BLACKROLL Climate Flow Topper App (hereinafter referred to as the “App”) from the Apple and Google app stores. Welcome to this App and thanks again for your interest in our company and products. Protecting your privacy while you use our App is important to us.

We would like to inform you about the processing of your personal data and your rights as the individual concerned (“data subject”) in connection with your use of our App. We, i.e.,

BLACKROLL AG
Hauptstraße 17
CH-8598 Bottighofen
Switzerland

Telephone:+41 (0)715085779
E-mail:datenschutz@blackroll.com

(Legal notice)

(hereinafter referred to as “we” or “BLACKROLL”)

as the controller under data protection law and, simultaneously, the service provider, would like to provide you with the following information.

Your personal data will only be processed in accordance with the provisions of the Swiss data protection laws, taking the data protection laws of the European Union into account, in particular, the European General Data Protection Regulation (GDPR), and other statutory data protection provisions.

This Privacy Policy only refers to our App. It does not refer to our web shop (available at www.blackroll.com/shop) or other websites operated by us. Furthermore, it does not refer to any websites operated by third parties to which links from our App may point, including, but not limited to web shops of distributors of BLACKROLL products. We, therefore, ask you to read the privacy policy of that other website, if any. In some cases, we may provide other, additional privacy policy documents to you when we contact you or process your information, as the case may be, which you should also read, if applicable.

Data requiring protection, categories and sources of data

The subject matter of this Privacy Policy is your personal data. The term “personal data” covers any piece of information that refers to an identified or identifiable natural person (“data subject”). Consequently, your personal data comprises any piece of information that allow us or third-parties to identify you, such as your name, address, phone number, or your email account.

Generally, we process the following categories of personal data in connection with your identity:

  • Master data, in particular, family name, first name, gender.
  • Contact data, in particular, postal address, phone number, and e-mail.
  • Information on personal interests, in particular, data that you provide to us within the scope of the Terms of Use, e.g., on sports disciplines, points of pain, etc.
  • Usage data, in particular, the pages/screens of our App that you open, access times, and your IP address.
  • Workout data, in particular, information on the type, date/time, and duration of your workout using the App.

Within the scope of our contract relationship, you need to provide such personal data that is required for performing the duties from the Terms of Use and for compliance with statutory duties. We will inform you in an appropriate manner as to which data is concerned in your particular case (e.g., by highlighting mandatory fields in forms).

In these cases, your personal data is data that you provided voluntarily, in particular, data you entered, and data gathered from your use of our App.

2. Purposes and legal grounds for data processing

We will process your data only for a particular purpose and only to the extent permissible under an applicable statutory provision. We will process your data for the following purposes, based on the following legal grounds:

  • Consent: We will process certain types of data solely based on your consent that you granted prior to such use and voluntarily. You may withdraw your consent at any time with effect for the future (see Art. 15 below).
  • Contract performance and/or steps prior to entering a contract: Including, but not limited to the performance and management of the contract concluded between you and us subject to the Terms of Use.
  • Compliance with a legal obligation: In addition, we process your personal data for meeting statutory duties, such as retention duties under commercial and/or tax law.
  • Safeguarding legitimate interests: We will process certain types of data to safeguard our legitimate interests, e.g., for making this App available and for operating it.

Please refer to Art. 15, if you wish to find out how to object to such data processing and subject to which conditions we are required to discontinue and/or to restrict data processing.

Please note that this is not a complete or conclusive enumeration of the potential legal grounds, but that these are only some examples intended to make the legal framework for data protection more transparent. For further information on the legal grounds for the various types of processing in our App, please read the explanations in the Articles below.

Since our headquarters is located in Switzerland and our App is operated from Switzerland, the collection, processing, and use of your personal data generally occurs in Switzerland, unless otherwise provided in this Privacy Policy. Specifically, we collect, process, and use your personal data in the following cases described in the Articles below.

 

3. App download

When downloading our App, the necessary information will be transmitted to the corresponding app store. This includes, in particular, the user name, e-mail account, date and time of download, and the unique device ID. However, this data collection is beyond our control, since it is handled by the operator of the corresponding app store. This data will not be stored on our servers in any other manner.

In connection herewith, please also refer to the relevant privacy policies of the app store operators:

4. Usage data

Generally, you may browse our App without disclosing any personal data. However, when you browse our App, the following information may be stored about your access and use:

  • IP address of the requesting mobile device,
  • Screens/videos retrieved,
  • HTTP response status code, if applicable,
  • The previous screen and/or the linked screen/page that you had accessed before (referrer/target URL),
  • Date, time, duration, and time zone of the server request, and/or interaction (e.g., initial/last opening/closing of the App, last login, screens/videos watched, start/end of a workout, click on a call-to-action button),
  • browser type and version,
  • operating system of the requesting mobile device,
  • App uninstall/update operations
  • Your device model, international mobile equipment identity code (IMEI), name of mobile device, mobile device ID.

We will process this usage data based on our legitimate interests for the purpose of providing this App, for ensuring the technical operation, for recording the consent granted by you, and for the security of our IT systems. We pursue the interest of making our App available for use, of ensuring its functionality, and of maintaining the latter on a permanent basis. This data will be automatically processed when you access our App. You will not be able to use our App without sharing this information. In no event we will not use this data for the purpose of drawing conclusions regarding your identity.

You may not object to the processing of your usage data, because this data is mandatorily required for a trouble-free operation of the App. The App cannot be used without processing this information.

5. Non-cookie tracking technologies

We use tracking technologies similar to cookies in order to enable the best possible App design. Among other things, these technologies allow us to provide certain functionality to make navigation easier and ensure a high degree of user-friendliness.

Non-cookie tracking technologies are based on identifiers which allow our web servers to recognize your mobile device, e.g., in order to determine whether your mobile device has communicated with us before. This way, they serve the purpose of enabling you to use our App, of making the use of our App more convenient for you, and of optimizing our service offering. The provisions below include detailed information on the type, function, purposes, and, if applicable, third party suppliers deployed in the use of non-cookie tracking technologies. The legal basis for the use of non-cookie tracking technologies is your consent that you grant when you first open the App.

You may revoke this consent at any time by preventing the storage of data using non-cookie tracking technologies by making the relevant settings in the App. In this case, you should disable the function “Allow non-cookie tracking technologies and usage analysis” in the menu “Settings > Privacy”.

6. Newsletter

The newsletter is mailed using the so-called double opt-in procedure, i.e., we will not send you a newsletter by email, unless you have expressly confirmed that you wish us to activate the newsletter service. We will then send you an email confirmation and ask you to confirm by clicking on the link contained in that e-mail that you wish to receive our newsletter. Upon completion of this separate double opt-in procedure, you have granted your consent to receiving the newsletter.

In the event the newsletter is subscribed to from within a user account, we may omit the renewed double opt-in, since your e-mail account was verified by a confirmation link during the activation of your customer account. In this case, a simple opt-in (by clicking a check box) in the user account is sufficient.

Within the meaning of this Art. 9, we will not send you newsletters without your prior registration, i.e., based on your consent. In the event that the content of a newsletter is accurately described during the registration process, this information will govern the reach of your consent. Apart from this, our newsletters include information on our products, offers, promotional campaigns, events, and our business.

In the event you should decide at a later date that you do not wish to receive our newsletter any more, you may revoke your consent at any time. A notice in text form (e.g., e-mail, letter) directed to the address in the contact data set forth in in Art. 16 or to datenschutz@blackroll.com shall suffice. Of course, you will find an unsubscribe link in every newsletter.

The newsletter is mailed using MailChimp, a newsletter mailing platform operated by the U.S. provider Rocket Science Group LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, U.S. In this context, data will be processed on our behalf subject to a Data Processing Agreement (Auftragsverarbeitungsvertrag) that we have concluded with MailChimp. In that agreement, MailChimp agrees to protect the personal data of our users, to process it only on our behalf, and, in particular, not to disclose it to any third party

The email accounts of our newsletter recipients and any other data referred to in this Privacy Policy will be stored on the U.S. based servers of MailChimp. MailChimp will use this information for mailing and analyzing the newsletters on our behalf. Furthermore, according to MailChimp, it may use this data to optimize or improve its own services, e.g., for technical optimization of newsletter mailings, the appearance of the newsletter, or for economic purposes in order to determine in which countries the recipients are based. However, MailChimp will neither use the data of our newsletter recipients to contact them on its own behalf nor disclose this data to third parties.

We trust in the reliability, IT security, and data protection of MailChimp. MailChimp has been certified in accordance with the EU-U.S. Privacy Shield and, thus, promises to comply with the EU data protection requirements (see www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG.

To review the privacy policy of MailChimp please go to: mailchimp.com/legal/privacy/. In addition, MailChimp uses the Google Analytics tool and may integrate it into the newsletters. For further information on Google Analytics please refer to the relevant section of our website’s general Privacy Policy: www.blackroll.com/de/datenschutzerklaerung.

We would like to draw your attention to the fact that following the mailing of the newsletter your user behavior regarding our newsletter will be analyzed on our behalf. This analysis is based on so-called web beacons, also known as tracking pixels, that are included in the e-mail messages, and links encoded using this technology. Web beacons are one-pixel image files that are linked with our website and, thus, allow us – in combination with encoded links, to analyze your user behavior with regard to our newsletter (so-called open and/or click tracking). This is achieved by collecting technical information, e.g., on your browser, your system, your IP address, and the time of downloading the mail and/or the link via web beacons and encoded links, that is matched with your e-mail account and assigned a unique ID.

The so-called open tracking using web beacons is not possible, if you have disabled the display of images by default in your e-mail browser. However, in that case, the newsletter will not be fully displayed and you may not be able to use all of its features. If you allow the display of images on a case by case basis, this will trigger the tracking described above. The only way to prevent the so-called click tracking is not to click on the links in the corresponding e-mail.

7. Authorizations within the mobile device / push messages

The App supports the display of messages (so-called push messages) on the start/home screen of your mobile device and within the App (so-called in-app messages) via the Firebase Cloud Messaging feature of the Google Firebase service (cf. Art. 7 above). Therefore, the App may ask you to grant the corresponding device authorizations. Granting the authorization is optional. However, if you wish to receive push messages, the authorization should to be granted, since otherwise you would not be able to use this function. We need this authorization in order to provide you with the requested services in accordance with our Terms of Use.

We use the Google Firebase technology (for further details please refer to Art. 7 of this Privacy Policy) in order to send you push messages or in-app messages. Your mobile device will be assigned a pseudonymized push reference number that also stores details on when and how long a certain push message or in-app-message, respectively, was read. This reference number serves as the target for push messages and/or in-app messages and will enable us to display push messages and/or in-app messages on your mobile device.

Your personal data will not be transmitted to distributors, including in those cases where push messages or in-app messages, respectively, contain third-party contents from distributors of BLACKROLL products.

The authorization will remain activated until you disable it in your mobile device. Push messages can be disabled and re-enabled at any time. For example, on an Android mobile device go to “System settings” > Apps > BLACKROLL App > authorizations“; on an iOS mobile device go to “System settings > BLACKROLL App > messages“.

 

8. Security

We take technical and organizational precautions to protect your personal data against coincidental or willful manipulation, loss, destruction, or access of unauthorized parties. Our data processing systems and our precautions and security measures will be continuously improved based on the then-current state of the art.

In particular, we will secure the transmission of any personal data transmitted in connection with your user account by data encryption. This applies to the registration as well as to the log-in.

We use the encryption protocol Transport Layer Security (TLS), more commonly known by the name of its precursor Secure Sockets Layer (SSL).

Please note that we are unable to promise, in particular with regard to communication via the contact feature and e-mail, absolute data security. In particular, when confidential information is concerned, we recommend using a safe communication channel, e.g., postal mail.

Our employees are bound to privacy protection rules and regulations.

9. Your questions on data protection

If you should have question on data protection or wish to exercise your rights as a data subject please contact us:

BLACKROLL AG
Hauptstraße 17
CH-8598 Bottighofen
Switzerland

fax: ...
e-mail: datenschutz@blackroll.com

 

10. Modifications

From time to time it may become necessary to modify, review, or amend the content of this Privacy Policy. We, therefore, reserve the right to modify, review, or amend it at any time. We recommend you read the most current version of this Privacy Policy next time you browse or use our App. We will publish the revised version of this Privacy Policy in the same place.

Last revised: October 2022