TERMS & CONDITIONS AND PRIVACY POLICY UPDATES TO OUR PRIVACY POLICY

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

TERMS & CONDITIONS INTRODUCTION

Who we are. IPEAK SYSTEMS GmbH, Nikolaiplatz 4, 8020 Graz, Austria (“IPEAK”) operates an interactive online platform (“Platform”) and mobile apps (“Apps” and together with the Platform, the “IPEAK Products”) aiming to connect, and create new opportunities for people who are, or want to become, sports- and health-conscious. IPEAK offers the following Apps apart from and in connection with the services on the platform:

IPEAK, IPEAK Plus & IPEAK Create

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

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

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

VALIDITY OF THE T&C

Validity. IPEAK offers the IPEAK 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 IPEAK Products, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of April 17, 2019.

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

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

SUBJECT OF THE AGREEMENT

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

Platform:

Personal profile page, including personal details; Sports diary, including a clear overview of sports activities; Statistics, analysis and comparisons concerning your sports activities; Training plans and records, as added by users, and presented and administered by IPEAK, respectively; Training Details, as added by users, and presented and administered by IPEAK, respectively; News regarding IPEAK in short form; Mobile Health & Fitness Apps Content, e.g. texts, pictures and videos, regarding sports, health and nutrition, that is presented by IPEAK and professional third parties (sports coaches, trainers,...); Status messages; A blog presenting company information, products and news regarding health and fitness in long form; and Other content, such as

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

Apps: Applications for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used both isolated on the smartphone as well as in connection with the Platform. Subject to the user’s consent, relevant data is transmitted from the smartphone to the Platform and shared with other social networks (e.g., Facebook), respectively. Please see our Privacy Policy for more information. 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. The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free. Additional terms and conditions on the part of the mobile phone providers apply.

REGISTRATION

Free Membership. The IPEAK Products require a one-time, free registration. The “Free Membership” (basic) makes only basic options and features available to users. IPEAK offers users three ways of registering: Via the registration form provided on the Platform; Via one of the Apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of fantasy names or pseudonyms is not possible; or Via adoption by IPEAK of registration details provided by the user in the social networks Facebook or Google: Registration via Facebook Connect or via Google Sign-In requires the user to confirm that the selected details, which the user previously provided on Facebook or Google, shall be adopted by the IPEAK network. The user can subsequently add to or reduce such details in such user’s profile on the Platform.

Plus Membership.

A IPEAK Plus Service for “Plus Members” (“Plus Membership”), with all options and features, is also available against payment of a certain price. Specific Plus Member Terms & Conditions as set forth in Section 6 apply to the Plus Membership. Unless otherwise specified in the T&C or Section 6, all other provisions of these T&C also apply to the Plus Members. Through registering as a Plus Member you claim that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, IPEAK is not bound by these Plus Conditions. Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with IPEAK.

Consequences of Registration

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. Each user shall register with IPEAK once only, and confirms with his/her registration that he/she has not registered an account with IPEAK before and has not deleted a previously activated user account. Following successful registration, the user (then the “Registered User”) can log on to the Platform by either (i) entering his/her email address and the chosen password, or (ii) accomplishing the login via Facebook Connect or Google Sign-In.

Rights of IPEAK

IPEAK reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly. If you provide any information that is untrue, inaccurate, not current or incomplete, or IPEAK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IPEAK 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 Plus Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount. In any event, IPEAK reserves the right to contact you at any time to verify your registration data. User Identity. IPEAK 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.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

Fraud protection. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at fraudprotection@ipeak.io or, for Plus Members, plus@ipeak.io, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk. IPEAK will not refund any amounts paid by you to ipeak.io before you report an unauthorized or fraudulent use of your account. IPEAK 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. IPEAK 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 TERMS AND CONDITIONS FOR Plus MEMBERS

Subscription Requirement. In order to use the IPEAK Plus Service for Plus Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Plus Services, by credit card, via AppStores, or any other form of payment accepted by IPEAK (the “Subscription”). Types and Prices of Subscriptions. IPEAK offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here: www.ipeak.io/Plus-membership or in the App Stores. All prices are subject to change at IPEAK’s discretion at any time. Any price changes will be announced on the Platform or in the App Stores.

Payment.

Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Plus Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account. Payments for the entire term of your Plus Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If IPEAK is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. IPEAK may deliver invoices and payment reminders to the user by email. Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores. Cancellation. You may cancel your Subscription to IPEAK Plus Service for Plus Members at any time by initiating the cancellation on the Platform or via the App Store. Unless otherwise provided for in Section 8, IPEAK will not refund previously paid amounts. Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the IPEAK Plus Service for Plus Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information. Contact. Please contact us for any questions you might have or to report any violations of the Plus Conditions in this Section 6 at plus@ipeak.io Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Plus Members.

SPECIAL CONDITIONS FOR TRAINING PLAN USERS

General. IPEAK offers Training Plans to Registered Users that can help you to improve your performance. Subscription Requirement. In order to use the Training Plan Services, you must (i) be a Registered User and (ii) pay the stipulated price along with (where applicable) the VAT and any other fees or amounts associated with the Training Plan Services, by credit card or any other form of payment accepted by ipeak.io (the “Booking”). Booking. IPEAK offers different types of training plans on the Platform, so that you can choose the one that best satisfies your needs. Payment. Payment is made in advance. In other words, you can select the training plan that best satisfies your needs. Once you have signed up and paid the price, the corresponding validity period will be associated with your account. IPEAK uses secure payment service providers to guarantee that your payments are secure. Prices. You can consult the different applicable prices on the Platform. Any price changes will be announced on the ipeak.io website. Plus Membership. Training plans are included for Plus Members. The validity period for Plus members equals their Plus Membership. Booking Period. Any booking period of the Training Plan Services ends after six months, regardless of the user’s actual use of the Training Plan Services during such period. You can check on the length of your Training Plan at any time by viewing your account information. Cancellation. You may cancel the Training Plan Service at any time by initiating the cancellation on the Platform. Unless otherwise provided for in Section 8, IPEAK will not refund previously paid amounts.

TERMINATION

General. Each user shall have the right to terminate the use of IPEAK products at any time via his/her account settings. IPEAK shall confirm such termination vis-a-vis the user. IPEAK’s Termination Right. Additionally, IPEAK 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. Further Information. Please see section 7.5 of our Privacy Policy for further information on the deletion of your account.

SPECIAL CANCELLATION RIGHT FOR CONSUMERS

Application of Consumer Laws. If you are a Registered User, using the IPEAK Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG): Right of Withdrawal from Contract. You may cancel your agreement with IPEAK 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:

IPEAK SYSTEMS GmbH

Nikolaiplatz 4, 8020 Graz

Austria

Email: cancellation@ipeak.io

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 IPEAK in full or in part, you are obligated to reimburse IPEAK for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it. Cancellation Form. The exercise of your cancellation right pursuant to this section 9 may occur via the following cancellation form: (If you wish to cancel the agreement, please fill in and return the form below.) To IPEAK SYSTEMS GmbH, Nikolaiplatz 4, 8020 Graz, Austria, E-Mail cancellation@ipeak.io I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Email address of consumer(s) which is used to login to IPEAK Products, Signature of consumer(s) (only if this form is notified on paper), Date

___________

USER OBLIGATIONS AND CONDUCT

User Obligations. Each user of the IPEAK Products must truthfully provide, and keep current and complete, his/her 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 IPEAK 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 IPEAK network, including the IPEAK Products, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding IPEAK’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 fraudprotection@ipeak.io of any detected breaches of the aforementioned obligations; diligently care for the personal details and only allow such persons access to their 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. IPEAK shall not be responsible for any lost or impaired details.

BREACH OF USER OBLIGATIONS

Sanctions. In order to ensure the proper and reliable provision of IPEAK Products, IPEAK imposes the following sanctions upon breach obligations by a user: warning; deletion of content; temporary deactivation of user account; and cancellation (irrevocable deactivation). The type of sanction shall depend on the purpose, impact, and type of the breach in light of IPEAK’s and the user’s interests. Cancellation. In the event a user account shall be cancelled in accordance with this Section 12, the respective user shall not be permitted to register again.

CONTENT

General. IPEAK permits its Registered Users to use the offered portfolio of IPEAK Products in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users. Tracking. The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user. Please see our Privacy Policy concerning tracking for marketing purposes, especially sections 4.2 and 7.8. Disclosure. IPEAK 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; ensure compliance with these T&C; react to claims of breaches of law raised by third parties; or safeguard the rights, property or personal safety of IPEAK, its users and the general public. Use of Content. The user grants IPEAK the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, IPEAK shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of IPEAK or any company affiliated with IPEAK. 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 IPEAK uses content created by a user outside the IPEAK Products, IPEAK shall note that such content was created by the user. Ownership. IPEAK does not claim ownership of any content created by users and will not supervise such content. Deletion. IPEAK reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12. Inaccurate Content. IPEAK shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.

REPRESENTATIONS AND WARRANTIES

Limitation. IPEAK does not claim or warrant that the IPEAK Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties. Own Risk. The user uses the IPEAK Products exclusively at his/her 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 “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles; downloading of the user’s own and third party content; and any use by the user of data created or provided by IPEAK, 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 IPEAK does not, to the extent permitted by law, assume any responsibility for the correctness of such data. Medical Advice. The use of any software or hardware offered by IPEAK is no substitute for the consultation by the user of a specialized doctor. External Content. Additionally, IPEAK 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. IPEAK does not make any representations or warranties with respect to products or services of third party providers.

LIMITATION OF LIABILITY

General. IPEAK shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if IPEAK has caused a certain damage willfully or with gross negligence. In the event of slight negligence, IPEAK shall not be liable to other businesses and shall be liable to consumers only for personal damages. IPEAK shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties. Content. Unless required by statutory law, neither IPEAK 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 IPEAK Products. This also applies to damages resulting from errors, problems, viruses or loss of data. Downloads. IPEAK assumes no liability for downloaded material or material obtained as a consequence of using the IPEAK Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the IPEAK Products. 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 IPEAK 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

Indemnification. The user shall indemnify IPEAK 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 IPEAK Products by such user or as a result of any other usage by such user of applications available from IPEAK. The user shall bear the costs of any legal proceedings, in which IPEAK 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. Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to IPEAK all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that IPEAK may be entitled to bring against the user shall not be affected.

CHANGES TO THE T&C

General. IPEAK 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. Changes. If the Company does not obtain your specific consent to the changes in the IPEAK Products, the Company will inform you of any changes at least four 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 four weeks. The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-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, the Company is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for the Company. Written Form. Subject to Sections 17.1 to 17.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

MISCELLANEOUS

Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect. Governing Law and Jurisdiction. These T&C and all contractual relations and litigation between the users and IPEAK shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Place of delivery and exclusive court of jurisdiction shall be Graz, Austria.

PRIVACY POLICY IN GENERAL

We, the team of IPEAK SYSTEMS GmbH, FN 415437m, Nikolaiplatz 4, 8020 Graz, Austria (see our imprint) (“IPEAK“), email address: dataprotection@ipeak.io (“Email Address”), process your personal data when you use our apps (“Apps”, go here for a list of all Apps) or website (“Website” and, together with the Apps, “Products”). The processing of your personal data takes place in compliance with the General Data Protection Regulation (“GDPR“) and the Austrian data protection act in its current form. In this privacy policy (“Privacy Policy”) we want to provide you with information about us, the nature, scope and purposes of the data collection and use, giving you insights into the processing of your personal data.

CONTROLLER

Controller. The controller of data processing is IPEAK. You can contact us via email under the Email Address. 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.

WHICH DATA WE COLLECT AND PROCESS

In General. IPEAK 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. Registration Information 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; gender; birthdate. 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; LIVE Tracking, see Section 5.2; equipment information: e.g. shoe information (brand, model, size, color, picture). Friendship and Group Information sent friendship requests: time, user; accepted friendship requests: time, user; group participation: group name, time joined. Payment and Subscription Information. We use payment providers (e.g. Apple, Google, Braintree, PayPal) to process payments. Although we do not store any credit card information ourselves, we store a payment ID number that is given out by the respective provider and can be allocated to a person by that payment provider, as well as duration of your subscription, price, currency, VAT (based on country info), and payment provider. Phone Book Contact List If you explicitly allow us to access your phone book, we will compare the email addresses of your contacts with email addresses from registered users of IPEAK and send you a list with friend suggestions. We do not store this information in any way. Data from Others. Registration via Facebook or Google If you register a IPEAK account via social login, we will receive the following information: Facebook Inc. (1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”): First and last name, email address, gender, birthdate, profile picture; Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, “Google”): First and last name, email address, gender, birthdate; and profile picture. Facebook Friend List We will receive information about your friends on Facebook if you explicitly allow us to access it. We will use this information to make friend suggestions in the Products, but do not store it. Import Fitness Activity Information from Connected Accounts General. We offer an automatic import of your fitness activity information from other platforms like Garmin, Nokia Health (Withings), and Fitbit. You have to explicitly agree to connect your account from those platforms to your IPEAK 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. IPEAK and IPEAK’s analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. IPEAK does not use information gained through the HealthKit framework for advertising or similar services. You can always stop IPEAK from accessing your data by changing the settings of your mobile device. Google Fit. We use Google’s Fit SDK (for more information see here ) which is an open platform that lets users control their fitness data. We process the following Data, obtained through the Google Fit SDK, 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 Google Fit framework, which will be portrayed in the Product and which you have to consent to.

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 analyze 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. The basis for the processing of Data are our legitimate interests. Google Analytics for Mobile General. For Apps on iOS and Android we use Google’s Google Analytics for Mobile (for more information see here ). User data is transmitted in an anonymized form to Google. Our Apps use identification for mobile devices, including the Google Advertising ID (“GAID”) and the ID for Advertising for iOS (“IDFA”), as well as technologies similar to cookies for the use execution of the Analytics for mobile service. Purpose. We use Google Analytics to analyze and constantly improve the use of our Products. Through the statistics we are able to improve our services and make them more interesting for users. In those special cases in which personal data is transmitted to the USA, Google is certified via EU-US privacy shield. The basis for the processing of Data are our legitimate interests. Google DoubleClick for Publishers We use Google DoubleClick for Publishers (“DFP”) in all Products. DFP uses cookies or similar technologies to provide the user with user-relevant advertisements, improve the reports on campaign performance, and prevent users from seeing the same advertisements multiple times. Via cookie ID, Google records which advertisements have been shown in which browser and can prevent advertisements from being shown multiple times. See our Cookie Policy for more information on cookies and how to opt-out of them. According to Google, DFP cookies do not process personally identifiable information. The basis for the processing of Data are our legitimate interests. Branch Metrics For Apps on iOS and Android we use the services of Branch Metrics Inc. (1400 Seaport Blvd Building B, 2nd Floor Redwood City, CA 94063 USA). This allows us to us to track and analyze which marketing channels or sources are producing the best results for directing users to download the Products and to help us understand how our users are using our app. For this purpose, Branch Metrics processes mobile identifiers such as the IDFA, GAID or similar mobile identifiers. For more information on Branch Metrics, see here , especially section 3. To opt out of tracking by Branch Metrics please contact dataprotection@ipeak.io. The basis for the processing of Data are our legitimate interests. IPEAK Event Tracking When you are using our Products, we will collect certain event information (e.g. opening a IPEAK app, starting a sport activity, visiting our Website) and send them to our servers. This allows us to analyze and constantly improve the use of our Products. Facebook Analytics For Apps on iOS and Android we use Facebook Analytics (for more information see here ). This allows us to us to track and analyze which marketing channels or sources, in connection with Facebook, are producing the best results for directing users to download the Products and to help us understand how our users are using our app. For this purpose, Facebook Analytics processes mobile identifiers such as the IDFA, GAID or similar mobile identifiers. For more information on Facebook Analytics, see here. The basis for the processing of Data are our legitimate interests. 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. Tracking & Cookies Data We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use: Session Cookies. We use Session Cookies to operate our Service. Preference Cookies. We use Preference Cookies to remember your preferences and various settings. Security Cookies. We use Security Cookies for security purposes. Plug-Ins The IPEAK Products include social media plug-ins, such as (i) Facebook; (ii) Google +, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; and (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, CA 94041, USA. Such plug-ins can recognize a user’s IP address and the page visited on the ipeak.io platform and, possibly, store cookies, so that the services offered by IPEAK work properly. Some Apps may use functions of third parties (e.g. Facebook) through the third party’s SDK (Software Development Kit), which may process general device data (e.g. device ID, etc.). Social media plug-ins and widgets are hosted either by third-party providers or directly by us. Your interactions with these plugins are subject to this Privacy Policy or the privacy policy of any third party that offers such feature. The basis for the processing of Data via plug-ins are our legitimate interests. IPEAK IS NOT RESPONSIBLE FOR THE USE OF, OR GUIDELINES REGARDING THE USE OF, PERSONAL DATA BY THIRD-PARTY PROVIDERS. Users may recognize the respective plug-ins of third parties, e.g. by the respective logo or other characteristics typical for the respective social media platform on our Website. You can find an overview of Facebook plug-ins here. You can find an overview of Google+ plug-ins here. You can find an overview of Twitter plug-ins here. If a user interacts with the plug-ins, e.g. by clicking on the Facebook “Like” button or entering a comment, while being logged in to said user's Social Media account on Facebook, Google+, or Twitter, a user links the contents of the IPEAK Website to his/her respective social media profile. Thereby, Facebook/Google+/Twitter can associate a user's visit or use of the Products with said user's social media account. IPEAK, as the provider of the Products, does not have any knowledge of the content of the transmitted data or its usage by Facebook, Google+, or Twitter. Users can find more information on the issue of data transmission in the privacy policy of the respective social media platform:

Facebook: http://www.facebook.com/about/privacy/

Google+: http://www.google.com/intl/en/policies/privacy/

Twitter: https://twitter.com/privacy

If users do not want to have the respective social media platform associate their visits to our Website with their social media account, users must log out from their social media account.<7p> 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. Device and Location Information. When you visit or leave our Products, we receive the URL of both the site you came from and the one you go to next, as well as date and time stamp and time zone; IP address, access status/HTTP status code; transmitted data volume; proxy server, operating system, web browser (including language and version of the browser software) and add-ons; device identifier and features; and/or ISP or your mobile carrier; and/or GPS information or other phone-related location data (e.g. via WiFi or Bluetooth), after your explicit opt-in. 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; and 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 you through your and 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 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 (see 3.4 above) using the following data, whether separately or combined: gender; age; language; activity data (sport type, distance, duration). Marketing General. We process Data to deliver (tailored) marketing materials about IPEAK 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 would like to inform you that we assess your user behavior 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 3.6, 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 read our emails, or which links you click, and combine this with your actions in the Product. We store and use your Data for the purpose of email marketing or marketing on the Website by IPEAK. 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 (i.e. Facebook Lookalike audience). 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. List of other platforms: Facebook, Instagram, Google, Twitter, Snapchat, MyTarget, and Pinterest. 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.

SHARING OF PERSONAL DATA

General. 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 IPEAK, 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. Our Services. Profile. Your profile is fully visible to your followers on IPEAK by default. This means, as soon as you have followers or follow other people 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 username and profile picture are visible to everybody at all times. This is necessary to enable others to send you a follow request. Activity Feed. Our services allow viewing and sharing information, including through posts, likes, and comments. Certain actions, such as tracking an activity, starting a training plan, upgrading to Plus Membership or establishing a new friendship connection, will be automatically posted in the Activity Feed. By default setting, only you and your friends will be able to see such activities in their Activity Feed. You can modify the visibility anytime in your privacy settings. Leaderboard. If you track an activity, you will automatically join a weekly/monthly Leaderboard of accumulated distance, duration, or number of steps among your friends. This means, once you add friends, you will be part of the Leaderboard. You can opt out of this at any time in your privacy settings. LIVE Tracking. The Products include a “LIVE Tracking” feature (“LIVE Tracking”), which enables other IPEAK users to see the workout and data, including heart rates, of your sports activity on certain of the Products. LIVE Tracking can only be either activated or deactivated for all other IPEAK users. LIVE Tracking is deactivated by default and can be activated by you at your own discretion. Once activated, it stays activated for new activities, unless you turn it off again. By activating the feature, you accept the responsibility for such activation at your own risk. If you do not want to give third parties access to your training and data, then LIVE Tracking should not be activated. Heart Rate Monitor. Personal health information collected and stored by IPEAK, and subsequently shared by the user via Heart Rate Monitor, may not be protected under the American Health Insurance Portability and Accountability Act (HIPAA). HealthKit. If a registered user explicitly consents, IPEAK may share said registered user’s data obtained through the HealthKit framework with a third party for medical research. Services You May Use. IPEAK lets you connect to third-party services. For example, to enable you to connect other accounts to your IPEAK profile or for sharing your activities with friends. Health and Fitness Services. IPEAK transfers your information to other health and fitness services, such as Apple HealthKit, Google Fit or MyFitnessPal, only after you explicitly consent to the transfer when you connect to such services. Social Networks and Messenger Services. You can decide to share finished activities via Facebook, Twitter, WhatsApp, Telegram or any other messenger service you may use on your mobile device. Please note that we do not have any influence on or knowledge of the scope and the further use of the Data by the respective messaging service, and cannot take any responsibility for the use of your Data by the respective messaging provider. Please see the messaging service’s respective privacy policies for details. Service Providers and Other Third Party Services. Service Providers. 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 providers will have access to your information as reasonably necessary to perform these tasks on our behalf, and are obligated not to disclose or use it for other purposes. We use processors such as Adjust, Google, Facebook, Amazon Web Services, Inc., Emarsys eMarketing Systems AG, Pushwoosh, Inc., NewRelic, Inc., Apptimize, Inc. or Zendesk, Inc.

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. workouts, 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 IPEAK’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.

WHICH RIGHTS YOU HAVE

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. 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 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 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 pursuant para. 7.8. 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 download a copy of your Data in your account settings on the Website. 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 your local supervisory authority, if you think that the processing of Data infringes applicable law.

FURTHER IMPORTANT INFORMATION

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 processing of Data stems from: your (explicit) consent in cases where you have given (explicit) consent to the processing; the necessity 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 IPEAK or a third party, e.g. our use of cookies, plug-ins, or targeted advertising. Our legitimate interests include protecting you, IPEAK, 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 and health-related opinions. 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.

CHANGES TO THE PRIVACY POLICY

General. IPEAK may change this Privacy Policy. Material Changes. If we make material changes to it, we will provide notice directly in our Products, or by other means (e.g. via email), to offer you the opportunity to review the changes before they become effective. Material changes could, for example, include further tracking, profiling, and analytics services. Should your consent be necessary, we will ask for it before the changes become effective. If you object to any changes, you may need to close your account as it might not function properly. Last Updated. This Privacy Policy was last modified on the 5th of June, 2019.