PRIVACY AND COOKIE POLICY
This Privacy and Cookie Policy ("Policy") applies to the processing of your personal data by Bending Spoons S.p.A. ("Bending Spoons", "we" or "us") through the webpage www.30dayfitness.app/get-started/ in accordance with Regulation (EU) 2016/679 – General Data Protection Regulation ("GDPR"), the Italian Legislative Decree 196/2003 (as amended), Directive 2002/58/EC – ePrivacy Directive, and other applicable local laws ("Data Protection Laws").
- Data Controller and Data Protection Officer
The Data Controller is Bending Spoons S.p.A., based in Nino Bonnet 10, Milan, MI 20154 (Italy), VAT 08931860962. For any requests regarding the processing of your personal data, please email us at privacy@bendingspoons.com.
Our Data Protection Officer can be contacted for any requests relating to the processing of your personal data or this Policy by sending an email to dpo@bendingspoons.com.
- 2. Categories of Personal Data that We collect, Purposes and Legal Bases for Our Processing
We process the following categories of personal data, for the purposes and on the legal bases indicated below.
| Purpose | Legal basis | Categories of Processed Data |
|---|---|---|
| To enable you to browse our webpage and to process any requests you send to us when you contact us. | Processing is necessary to take steps at your request prior to entering into a contract (art. 6(1)(b) of the GDPR). | Identification and contact information (such as email address). |
| b. To enable you to use our 30 Day Fitness mobile application (“app”) and to provide you with a customized fitness plan. | Processing is necessary for the performance of our contractual relationship (art. 6(1)(b) of the GDPR). | Identification and contact information (such as email address), payment details and other information you provide us to generate your personalized plan (such as gender, age, weight, height, fitness and energy level, dietary preferences, habits, sleep schedule, fitness goal). |
| c. To improve our products and services (for example, by conducting statistical analysis). | Our legitimate interest (art. 6(1)(f) of the GDPR). | Identification and contact information, information collected or generated during the onboarding flow (such as information about your interactions with us). |
| d. To send you information and marketing communications about similar or related products and services through emails, unless you opt out. | Our legitimate interest (art. 6(1)(f) of GDPR). You can object to the processing of your personal data for this purpose by writing to privacy@bendingspoons.com. | Email address. |
| e. To comply with our legal obligations, including requests from public authorities. | Compliance with a legal obligation to which we are subject (art. 6(1)(c) of the GDPR). | Any information which may be required by law or under the instructions of public authorities. |
| f. To establish, exercise or defend our rights and those of our employees, and to carry out corporate transactions or operations (for example, in case of bankruptcy, merger, acquisition, reorganization, sale of assets or assignments, and due diligence related to any such transactions). | The legal basis for the processing is our legitimate interest (art. 6(1)(f) of GDPR) to establish, exercise or defend our rights and to carry out corporate transactions or operations. | Any information necessary to ensure the performance of these purposes. |
To know how we process your data through the use of cookies, see Section 8 (Cookies) below.
- Data Retention
We retain data as long as necessary to carry out the purposes indicated above and in accordance with applicable laws. To know how long your data is stored through cookies, see Section 8 (Cookies) below.
- Your Choices
Providing navigation data is necessary if you want to navigate and interact with our webpage. Same goes for the information you share with us when you require a personalized workout plan. You can freely decide whether to accept cookies and other tracking technologies not strictly necessary for the functioning of the webpage as indicated below in Section 8 (Cookies) below.
- With Whom We Share Your Data
We may share your data with our contractors, service providers, consultants and commercial partners as well as any competent judicial, administrative or regulatory authority.
Your data can also be collected by third parties when you accept third party cookies. Please see Section 8 (Cookies) below for more information.
- Transfers of Personal Data Outside the European Economic Area
We may transfer personal data from the European Economic Area (“EEA”), the UK or Switzerland to other countries outside the EEA. Such data transfers are based on appropriate safeguards in accordance with Applicable Privacy Laws, including (a) the standard contractual clauses developed by the European Commission; (b) the Swiss-U.S. Privacy Shield, and the decisions of adequacy of the European Commission; or (c) binding corporate rules.
Copies of appropriate warranties are available for consultation by sending an email to privacy@bendingspoons.com.
- Your Privacy Rights
To the extent these are applicable to the processing described in this Policy, you have the following rights, as specified in the GDPR:
- the right of access to your personal data collected and processed by us.
- the right to obtain the updating or rectification of your personal data.
- under certain conditions pursuant Data Protection Laws, the right to obtain the cancellation of your personal data ("right to be forgotten"), the right to restrict the processing of your personal data, and the right to data portability.
- the right to object to the processing of your personal data under legitimate grounds.
To exercise your rights, you may contact us by sending an email to privacy@bendingspoons.com. We may take reasonable steps to verify your identity prior to responding to your request.
You also have the right to lodge a complaint with the Italian Data Protection Authority or the competent national data protection or judicial authority.
- Cookies
What are cookies?
Cookies are small files that a website stores on your computer or mobile device when you visit it. Cookies are stored through your web browser, based on your settings and preferences. Technologies of this type, such as web beacons, clear GIFs, software development kits (SDKs) and all types of local storage introduced through HTML5, can be used to provide basic functionality and to collect information on your browsing experience and use.
There are various types of cookies, based on their characteristics and use. While some cookies and tracking technologies are strictly necessary to navigate a website (for example, cookies that remember your preferences and settings; or cookies that keep your account logged in), others need your consent to be installed (for instance, to enable you to receive information about other products and services, or to improve your navigation experience).
Technical and Analytics cookies
Technical cookies do not need your consent and include:
- Session cookies which are necessary for the proper operation of a webpage. They are called as such because their duration is strictly limited to the work session (and are deleted after users close their browser).
- Analytics cookies which are used directly by the webpage owner to collect aggregate data on the number of visitors and how they interact with the webpage to improve its services. These cookies are not deleted after users close their browser but are retained by the device until a pre-defined expiration date or until they are deleted.
- Functional cookies which help the webpage remember users' choices and settings such as language or privacy preferences.
We use a functional cookie that allows the webpage to remember your cookie preferences. We also use Google Analytics, which uses third party cookies as explained below.
Profiling cookies
Profiling cookies are aimed at tracking users' online behavior and creating user profiles (for example, considering users' choices or preferences) in order to send marketing communications in line with the preferences shown by users while navigating the web or evaluate the effectiveness of our web marketing campaigns. Profiling cookies and the processing of the users' personal data that derives from them is optional, meaning that they require your consent. When installed by third parties without safeguards aimed at minimizing the processing of your data, analytics cookies are comparable with profiling cookies, meaning that you need to consent to these too.
We use a first party profiling cookie to record your activities within the website and evaluate the effectiveness of our web marketing campaigns. The website also hosts third-party cookies (including profiling cookies), as explained below.
Third-party cookies
So-called third-party cookies are set by external providers. This is because a website may feature certain elements (images, sounds, specific links to sites located in another domain, etc.) installing third-party cookies residing in a different server.
Our website uses profiling and analytics cookies managed by external organizations. The data collected by these third parties is governed by their own specific privacy policies, terms and conditions, or cookie policies to which we have no control over.
Since our website hosts third-party analytics and profiling cookies, you will be prompted to consent to such third-party cookies when landing on our website for the first time, via a specific cookie banner.
You can manage and delete these third-party cookies at any time by accessing the third-party webpages listed in the table below.
| Third-party provider | Cookie name | Cookie retention period | Purpose | Third-party privacy policy |
|---|---|---|---|---|
| ga, _gatgtag, _gid | From session up to two years | Analytics | policies.google.com/privacy You can find here specific information on Google Analytics privacy policy including how to manage your settings | |
| _fbp, fr | 3 months | Marketing | www.facebook.com/policies/cookies/ If you have a Facebook account, you can manage your settings here | |
| Outbrain | unifiedPixel, outbraincidfetch | From session up to two years | Marketing | https://www.outbrain.com/legal/privacy |
| TikTok | tt_webid | 24 hours | Marketing | https://www.tiktok.com/legal/cookie-policy?lang=en |
| pinterestsess, pinterestct, pinterestctrt, _epik, _derivedepik, pinunauth, pinterestct, _ua | Up to one year | Marketing | https://policy.pinterest.com/en/cookies |
How to manage cookies
You are free to decide whether or not to accept any cookies also by adjusting your web browser controls. Disabling third-party cookies does not impair browsing in any way.
Each browser and device are different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences. If you choose not to receive cookies at any time, websites may not function properly, and certain services will not be provided. You can find information on how to manage cookie settings on certain browsers via the following links:
For more information about how to limit the use of third-party cookies installed in your browser, please visit www.youronlinechoices.com. Once arrived on the website, by accessing the "Your ad choices" section, you will be able to view the list of third parties that install cookies on your browser and manage your consent granularly ("On/Off"). Moreover, by expanding the "Info" section, you will be able to access to more information about each third party and its privacy and cookie policies.
- Changes
We may modify or update this Policy, also in view of future changes in the Applicable Data Protection Laws or in case we implement new features or functionalities that will process personal data.
Last updated: 7 July 2021
