Privacy Policy
1 INTRODUCTION
1.1 The Skillyard GmbH, Steingasse 1, 4020 Linz, Österreich (hereinafter referred to as “Skillyard”) operates websites and mobile apps (together the “Products”) under the name “Skillyard”, aiming to connect, and create new opportunities for people who are, or want to, learn a new sport.
1.2 Skillyard takes data privacy very seriously and wants to reveal openly and transparently how this topic is dealt with.
1.3 In compliance to the EU General Data Protection Regulation (GDPR), effective as of May 25th 2018 Skillyard (i) makes it easier for the user to understand which data the Products collect and how they are used, (ii) gives the user increased control over its data, and (iii) provides the user with detailed explanation of its rights as a user.
2 GENERAL2.1 GDPR ComplianceSkillyard processes personal data when the user uses the Products. The processing of the user’s personal data takes place in compliance with the General Data Protection Regulation (“GDPR“) and the Austrian data protection act in its current form.
2.2 Scope and PurposeIn this privacy policy (“Privacy Policy”) Skillyard wants to provide the user with information about Skillyard, the nature, scope and purposes of the data collection and use, giving the user insights into the processing of its personal data.
3 CONTROLLER3.1 ControllerThe controller of data processing is Skillyard. The user can contact Skillyard at
support@skillyard.co.
3.2 Data Protection OfficerSkillyard's data protection officer can be contacted under
support@skillyard.co. Should the user have any questions regarding the processing of its personal data, the user shall not hesitate to contact him/her.
4 COLLECTED AND PROCESSED DATA
4.1 GeneralSkillyard processes personal data that the user of Skillyard Products make available to Skillyard, for example by using the Products, and that others provide to Skillyard (“Data”).
4.2 User Provided Data4.2.1 The user must provide Skillyard with certain information (“Mandatory Information”) in order to sign up:email address or phone number; first and last name.
4.2.2 Certain information is optional (“Optional Information”) during registration and can also be added or deleted later on by the user, such as:personal information: profile picture; reason and motivation: skill level, motivation for learning tricks.
4.2.3 Sport related information is provided by using the Products, such as: e.g. start time, practice duration; personal goals: e.g. skill and sports to learn; workout information: e.g. start date, training plan.
4.2.4 Skillyard uses payment providers (e.g. Stripe, Apple, Google) to process payments. Although Skillyard does not store any credit card information itself, Skillyard stores payment receipts that is given out by the respective provider and can be allocated to a person by that payment provider, as well as duration of the user’s subscription, price, currency, VAT (based on country info), and payment provider.
4.3 Data from OthersIf the user registers a Skillyard account via social login, Skillyard 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, profile picture.
4.4 Service Use4.4.1 This Website uses Google Analytics, a web analysis service of Google. Google Analytics uses cookies. See the Cookie Policy for more information on cookies and how to opt-out of them. Skillyard uses Google Analytics to analyze and constantly improve the use of the 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 is Skillyard's legitimate interest.
4.4.2 For Apps on iOS and Android Skillyard uses Google’s Google Analytics for Mobile (for more information see
here). User data is transmitted in an anonymized form to Google. The Products 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.
4.4.3 Skillyard uses Google Analytics to analyze and constantly improve the use of the Products. Through the statistics, Skillyard is able to improve its 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 is Skillyard's legitimate interest.
4.4.4 Skillyard uses Google DoubleClick for Publishers (“DFP”) in the 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 the 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 is Skillyard's legitimate interest.
4.4.5 For Apps on iOS and Android Skillyard uses Facebook Analytics (for more information see
here). This allows Skillyard 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 Skillyard understand how its users are using its apps. 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 is Skillyard's legitimate interest.
4.5 Cookies and Similar Technologies4.5.1 The Website uses ‘cookies’ – small text files that are placed on the user’s computer, mobile device and/or stored by the browser. The basis for the processing of Data via cookies is Skillyard's legitimate interest.
4.5.2 More information on the cookies Skillyard uses, which, if any, personal data they collect, and how to disable them, can be found in the Cookie Policy.
4.5.3 The 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.
4.5.4 Such plug-ins can recognize a user’s IP address and, possibly, store cookies so that the services offered by Skillyard 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 Skillyard. The user’s 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 is Fretello’s legitimate interest.
4.5.5 SKILLYARD IS NOT RESPONSIBLE FOR THE USE OF, OR GUIDELINES REGARDING THE USE OF, PERSONAL DATA BY THIRD-PARTY PROVIDERS.
4.5.6 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. The user can find an overview of Facebook plug-ins
here. The user can find an overview of Google+ plug-ins
here. The user can find an overview of Twitter plug-ins
here.
4.5.7 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 Products to its 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. Skillyard, 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:
FacebookGoogle+Twitter
4.5.8 If users do not want to have the respective social media platform associate their visits to this Website with their social media account, users must log out from their social media account.
4.5.9 The Products do not recognize or respond to browser-initiated Do Not Track signals. To learn more about Do Not Track signals, visit
https://allaboutdnt.com.
4.6 Device and Location InformationWhen a user visits or leaves theProducts, Skillyard receives the URL of both the site the user came from and the one the user goes 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 the user’s mobile carrier.
5 DATA PROCESSING PURPOSES
5.1 Operating the Products5.1.1 Skillyard processes user data to be able to provide the user with a seamless user experience when using the Products to operate the Products and provide the services, including to authenticate user access to an account; track and display the user’s music activities; and show the user’s progress and statistics.
5.1.2 Skillyard may use the information the user has shared within the Products to suggest connections between the user and people it may know.
5.1.3 Skillyard processes data to investigate, respond to requests, and resolve complaints and service issues, e.g. to contact the user about a question it submitted to the customer service team.
5.2 Business Needs5.2.1 Skillyard processes Data to manage its business needs.
5.2.2 Skillyard processes Data to monitor, analyze and improve the use of its Products, as well as protect the security or integrity of the Products, and their performance and functionality. For example, Skillyard analyzes user behavior and performs research about the way the user uses Skillyard Products.
5.2.3 Skillyard processes Data, including public feedback, to conduct research for the further development of the Products, in order to provide the user and others with a better, more intuitive and personalized experience, and drive user growth and engagement in the Products.
5.2.4 Skillyard targets and measures the performance of ads to registered users and visitors directly or through DFP (see 4.4 above) using the following data, whether separately or combined:gender;age;language;activity data.
5.2.5 Skillyard processes Data to deliver (tailored) marketing materials about the Products and online services to users.
5.2.6 With the user’s explicit consent Skillyard will send the user marketing emails or push messages with information on sport related topics. Skillyard will ask the user to confirm its email address before the user receives any marketing emails.
5.2.7 Skillyard would like to inform the user that it assesses 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 4.6, the user’s email address, and an individual ID. With this merged information, Skillyard can create a user profile to personalize its marketing emails / push messages. Skillyard collects data on when the user reads Skillyard emails, or which links the user clicks and combines this with the user’s actions in the Product.
5.2.8 Skillyard stores and uses Data for the purpose of email marketing or marketing on the Website by Skillyard. The user can revoke its consent to the marketing emails and push messages at any time, by clicking the link at the end of the email or changing its privacy settings concerning push messages. Skillyard stores the tracking information as long as the user is subscribed to Skillyard's marketing emails.
5.2.9 The user might see marketing messages (ads) on the platforms listed below if the user gives Skillyard its explicit consent to share the user’s advertising identifier (IDFA, GAID) with those platforms. In addition, other users who have similar characteristics to the user 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 the user’s privacy settings. It may take a few days after the opt-out until the user is removed from all audiences. List of other platforms: Facebook, Instagram, Google, YouTube.
5.3 Compliance and Enforcement5.3.1 Skillyard processes Data to comply with Skillyard's obligations and in compliance with all applicable laws and regulations.
5.3.2 Skillyard processes Data, if Skillyard thinks it is necessary for security purposes or to investigate possible fraud or other violations of the Terms of Service or this Privacy Policy and/or attempts to harm Skillyard members or visitors.
6 SHARING OF PERSONAL DATA6.1 General6.1.1 Skillyard shares Data with third Skillyard 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 Skillyard, its members, personnel, or if the user has (explicitly) consented beforehand.
6.1.2 Skillyard attempts to notify the user about legal demands for its Data when Skillyard thinks it is appropriate, unless prohibited by law or court order, or when the request is an emergency. Skillyard may dispute such demands when Skillyard believes that the requests are overbroad, vague or lack proper authority.
6.2 Services6.2.1 Skillyard lets the user connect to third-party services. For example, to enable the user to connect other accounts to the user’s profile or for sharing the user’s activities with friends.
6.2.2 The user can decide to share finished practice sessions via Facebook, Twitter, WhatsApp or any other messenger service the user may use on its mobile device. Please note that Skillyard does 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 the user’s Data by the respective messaging provider. Please see the messaging service’s respective privacy policies for details.
6.3 Service Providers and Other Third Party Services6.3.1 Skillyard shares Data to others, who help Skillyard provide and improve its Products (e.g. maintenance, analysis, audit, payments, fraud detection, marketing, and development). Service providers will have access to the user’s information as reasonably necessary to perform these tasks on the user’s behalf and are obligated not to disclose or use it for other purposes. Skillyard uses processors such as Customer.io, Google, Facebook or Amazon Web Services, Inc.
7 DATA STORAGE PERIODS7.1 Storage PeriodsSkillyard stores Data as long as the user is a registered user of the Products. Beyond that, Skillyard only stores Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
7.2 Account Deletion7.2.1 If the user decides to delete its account, all Data Skillyard has about the user will be deleted, except for Data required for Skillyard's performance of contractual obligations or compliance with statutory retention obligations shall not be deleted, but minimized or to the necessary extent.
7.2.2 A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.
8 USER RIGHTS
8.1 Exercising User RightsTo exercise the user’s rights defined in sections 8.2 to 8.8, the user shall send a request via email to
support@skillyard.co or via mail to the postal address.
8.2 Revocation of ConsentThe user can revoke its 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, Skillyard may continue to process the user’s information after the user has withdrawn consent, if the user has another legal basis to do so or if the user’s withdrawal of consent was limited to certain processing activities.
8.3 Right of AccessThe user has the right to obtain (i) confirmation as to whether or not its Data is being processed by Skillyard 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.
8.4 Right to RectificationThe user has the right to obtain the rectification of inaccurate Data concerning the user from Skillyard. In case the Data processed by Skillyard is not correct, Skillyard will rectify these without undue delay and inform the user of this rectification. Please note that (i) the user can rectify much of its information in the settings and (ii) it is not technically possible for Skillyard to rectify all kinds of data in the Products.
8.5 Right to ErasureThe user has the right to delete Data Skillyard stores about the user. Should the user decide to do so, the user shall go to its user profile and delete its account there. If the user is unable to do this, the user shall contact Skillyard via
support@skillyard.co. As a safety measure, Skillyard will send the user an email in order to confirm this deletion. Skillyard will delete the user’s Data after this confirmation. Please note that the user’s phone may still have Data stored on it after deletion of the user’s account.
8.6 Right to Restriction of ProcessingThe user has the right to obtain a restriction of processing of its Data from Skillyard in the following cases:the user makes an inquiry pursuant to para. 8.4, if the user so requests; the user is of the opinion that the processing of its Data is unlawful, but are opposed to an erasure of Data; the user still requires the Data for the establishment, exercise or defense of legal claims; or the user has objected to the processing pursuant para. 8.8.
8.7 Right to Data PortabilityThe user has the right to (i) receive a copy of its Data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from Skillyard. The user can request a copy of its Data via
support@skillyard.co.
8.8 Right to ObjectThe user has the right to object at any time to the processing of Data for which Skillyard's legitimate interests are the legal basis, including profiling based on those provisions. The user also has the right to object to the processing of Data for direct marketing purposes.
8.9 Right to File a ComplaintThe user has the right to file a complaint with its local supervisory authority if the user thinks that the processing of Data infringes the applicable law.
9 FURTHER IMPORTANT INFORMATION9.1 Legal Bases9.1.1 Data protection laws regulate that Skillyard is only allowed to collect and process the user’s Data if Skillyard has lawful bases for processing. The lawfulness of processing of Data stems from:the user’s (explicit) consent in cases where the user has given (explicit) consent to the processing; the necessity for the performance of the user’s contract, e.g. where Data is needed for a satisfactory use of the Products; or legitimate interests pursued by Skillyard or a third party, e.g. Skillyard's use of cookies, plug-ins, or targeted advertising.
9.1.2 Skillyard's legitimate interests include protecting the user, Skillyard, or others from security threats or fraud, complying with all applicable laws, managing and improving Skillyard's business (e.g. customer service, reporting) including possible corporate transactions (e.g. M&A), enabling users to share their and connect via their sport experiences, and express all sport-related opinions.
9.2 Security MeasuresSkillyard is committed to protecting the user’s Data and implements appropriate technical and organizational security measures to protect it from 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.
10 CHANGES TO THE PRIVACY POLICY10.1 GeneralSkillyard may change this Privacy Policy at any time.
10.2 Material ChangesIf Skillyard makes material changes to it, Skillyard will provide notice directly in its Products, or by other means (e.g. via email), to offer the user the opportunity to review the changes before they become effective. Material changes could, for example, include further tracking, profiling, and analytics services. Should the user’s consent be necessary, Skillyard will ask for it before the changes become effective. If the user objects to any changes, the user may need to close its account as it might not function properly.
Last updated: Dec 07th, 2020
