Privacy policy
for FIT E-BIKE CONTROL APP

Status 07/2025

1. General information

We take the protection of your personal data very seriously and treat it confidentially and in accordance with the statutory data protection regulations and this privacy policy. This privacy policy applies to our mobile iPhone and Android apps (hereinafter referred to as "APP"). It explains the type, purpose and scope of data collection in the context of APP use. We would like to point out that data transmission over the Internet may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (GDPR) and the Swiss Data Protection Act (DPA).

(1) Responsible body

The controller for data processing in the context of this APP is

Smartscale NewCo AG
represented by the managing director: Dr. Ivica Durdevic
Luzernstrasse 84
CH-4950 Huttwil

Phone: +41 62 959 5300
E-mail: info@fit-ebike.ch

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Representative according to Art. 27 GDPR

Smartscale NewCo Europe GmbH
represented by the managing director: Oliver Demski
Im Höning 5
DE-63820 Elsenfeld

Phone: + 49 6022 7067 200
E-mail: germany@fit-ebike.com

(2) Data protection officer

We have appointed a data protection officer.

Eric Drissler
ED Computer & Design GmbH & Co. KG
Lina-Bommer-Weg 4
DE-51149 Köln

Phone: +49 221 28887766
E-mail: datenschutz@edcud.de

(3) General storage period of personal data

Unless otherwise stated or specified in this data protection declaration, the personal data collected by this APP will be stored until you request us to delete it, revoke your consent to storage or the purpose for which the data was stored no longer applies. If there is a legal obligation to store the data or another legally recognized reason for storing the data (e.g. legitimate interest), the personal data concerned will not be deleted before the respective reason for storage no longer applies.

(4) Legal basis for the storage of personal data

The processing of personal data is only permitted if there is an effective legal basis for the processing of this data. If we process your data, this is regularly done on the basis of your consent in accordance with Art. 6 para. 6 GDPR, Art. 6 para. 1 lit. a GDPR, for the purpose of contract fulfillment in accordance with Art. 6 para. 1 lit. b GDPR (e.g. when using in-app purchases or the use of other paid app functions) or on the basis of legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, which are always weighed against your interests (e.g. in the context of advertising measures). The relevant legal bases will be specified separately in this privacy policy.

(5) Encryption

This APP uses encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the APP operator or the communication between APP users. This encryption prevents the data you transmit from being read by unauthorized third parties.

(6) Changes to this privacy policy

We reserve the right to amend these data protection provisions at any time in compliance with legal requirements.

2. Your rights

The FADP and the GDPR grant data subjects whose personal data is processed by us certain rights, which we would like to inform you about here:

(1) Withdrawal of your consent to data processing

Many data processing operations are only possible with your consent. We will expressly obtain this from you before commencing data processing. You can withdraw this consent at any time. All you need to do is send us an informal e-mail. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

RIGHT TO OBJECT TO THE COLLECTION OF DATA IN SPECIAL CASES AND TO DIRECT ADVERTISING (ART. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU; THIS ALSO APPLIES TO AN OBJECTION BASED ON THESE PROVISIONS. BASED PROFILING. THE RESPECTIVE LEGAL BASES ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS THE PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS. IF YOUR PERSONAL DATA ARE PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING, WHICH INCLUDES PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING.

(2) Right to lodge a complaint with a supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority. The right to lodge a complaint is without prejudice to other administrative or judicial remedies.

(3) Information, deletion and removal

You have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing as well as a right to rectification or erasure of this data at any time. You can contact us at any time at the address given in the legal notice if you have further questions on the subject of personal data.

(4) Entry of a note of dispute

If neither the accuracy nor the inaccuracy of the personal data concerned can be established, the data subject may request that a note of dispute be made (Art. 32 para. 3 FADP), insofar as this right applies to the data subject.

(5) Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. To do so, you can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
If the processing of your personal data was/is carried out unlawfully, you can request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it for the exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.
If you have lodged an objection in accordance with Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data. If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

(6) Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

3. Access rights of the app

In order to provide our services via the APP, we require the access rights listed below, which enable us to access certain functions of your device.

Location data
Device numbers of your smartphone
Contacts in your contact list
Photos, videos
Call lists
camera
Microphone

Access to the device functions is necessary to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR, your consent within the meaning of Art. 6 para. 6 GDPR, Art. 6 para. 1 lit. a GDPR and - if a contract has been concluded - the fulfillment of our contractual obligations (Art. 6 para. 1 lit. b GDPR).

The storage period for the data collected in this way is regulated as follows:
The data will be deleted after consent is withdrawn. Users without access to the app will be deleted after 2 years.

4. Collection of personal data in the context of the APP

Use of the app

(1) General

When you use our APP, we collect the following personal data from you

First and last name
Profile picture, if applicable (optional)
e-mail address
telephone number
Address/country, if applicable (optional)
Usage data
IP address
Device identifier
Timestamp with GPS position
Metadata

The processing of this personal data is necessary to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR, your consent within the meaning of Art. 6 para. 6 FADP, Art. 6 para. 1 lit. a GDPR and - if a contract has been concluded - the fulfillment of our contractual obligations (Art. 6 para. 1 lit. b GDPR).

The storage period for the data collected in this way is regulated as follows

(2) Inquiries within the APP, by email, telephone or fax

If you contact us (e.g. via the contact form within the app, by email, telephone or fax), we will store and process your request, including all resulting personal data (e.g. name, request) for the purpose of processing your request. This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 para. 1 lit. a GDPR) and/or on our legitimate interests (Art. 6 para. 1 lit. f GDPR), as we have a legitimate interest in the effective processing of the inquiries addressed to us. The data you send to us via a contact request will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected. We will not pass on your data without your consent.

5. Data analysis

When you access our APP, your behavior may be statistically evaluated with the help of certain analysis tools and analyzed for advertising and market research purposes or to improve our offers. When using such tools, we ensure compliance with the statutory data protection regulations. When using external service providers (processors), we ensure through appropriate contracts with the service providers that the data processing complies with German and European data protection standards.

(1) Google Analytics Firebase

We use Google Analytics Firebase (hereinafter referred to as Google Firebase) to analyze user behavior. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Firebase includes various functions that allow us to analyze your in-app behavior. In this way, we can, for example, analyze your screen views, button clicks, in-app purchases or the effectiveness of advertising measures. We can also determine which functions within our app are used frequently or rarely. For these purposes, Google Firebase stores, among other things, the number and duration of sessions, operating systems, device models, region and a range of other data. You can find a detailed overview of the data collected by Google Firebase at: https://support.google.com/firebase/answer/6318039?hl=de.

The use of Google Firebase may require the transfer of your personal data to the USA. The storage period for the data collected in this way is two months.

Google Firebase is used to optimize this APP and to improve our services. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If consent has been requested, Google Firebase is used on the basis of Art. 6 para. 6 GDPR, Art. 6 para. 1 lit. a GDPR. Consent can be revoked at any time.

You can find more information about Google Firebase at: https://firebase.google.com/ and https://www.firebase.com/terms/privacy-policy.html

6. Plugins and tools

OpenStreetMap

We use the OpenStreetMap (OSM) map service.

We integrate the map material from OpenStreetMap on the server of the OpenStreetMap Foundation, St John's Innovation Center, Cowley Road, Cambridge, CB4 0WS, United Kingdom. The United Kingdom is considered a safe third country under data protection law. This means that Great Britain has a level of data protection that corresponds to the level of data protection in the European Union. When using the OpenStreetMap maps, a connection is established to the servers of the OpenStreetMap Foundation . Among other things, your IP address and other information about your behavior in this APP may be forwarded to the OSMF. For this purpose, OpenStreetMap may store cookies in your browser or use comparable recognition technologies.

The use of OpenStreetMap is in the interest of an appealing presentation of our online offers and an easy findability of the places indicated by us in the APP. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 6 GDPR, Art. 6 para. 1 lit. a GDPR. Consent can be withdrawn at any time.

Privacy policy for FIT E-BIKE CONTROL APP