Privacy Policy

Effective as of March 1, 2021


Welcome to our Privacy Policy! Powerful together with our affiliates ("Powerful", "we", or "us") have adopted this Privacy Policy to let you know how we treat the information that we collect from you online and offline, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Policy supplements and forms a part of Powerful’s Terms of Service (the “Terms” and, collectively with this Policy and all other terms applicable to you, the “Agreement”). Capitalized terms not defined here have the meaning given to them in the Terms.

When you use any part of the Powerful Service, including by browsing a Powerful Site, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Policy.

This Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications that you elect to access in connection with the Powerful Service, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those third party services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those third party services. We encourage you to carefully review the privacy policies of any third party services that you access.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

  1. PERSONAL INFORMATION WE COLLECT

Personal information you provide to us.

Personal information you may provide to us when you use the Powerful Service or otherwise includes:

  • Contact data

such as your name, email address, mailing address and phone number.

  • Profile data

that you provide when you register for or update your account on the Powerful Service, such as your username and password, home city or town, age, profile image, height, weight, injuries and/or limitations, equipment you own, activity preferences, followers and workout ratings.

  • Fitness and performance data

such as heart rate data gathered by the Powerful classes taken, fitness performance history, workout history and details and additional fitness information that you choose to link to or share with us through the Powerful Service.

  • Financial data

such as your credit card number and/or other related information that may be required from you to complete your purchase.

  • Purchase data

such as order history and information about the transactions you have completed with us.

  • Other information

that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic Collection.

We, our service providers and our third party partners may automatically log information about you, your computer or mobile device, and your activity over time on the Powerful Service and other online services, including:

  • Online activity data

such as the date and time of your access, visit or use of the Powerful Service, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, searches you conduct on our Site and information about your activity on a page or screen.

  • Device data

such as unique device identifier, media access control address, network information, hardware model, browser type, screen resolution, IP address as well as usage and traffic data and information about how the device interacts with the Powerful Service.

Cookies and Similar Technologies

The following cookies and similar technologies may be used to facilitate automatic data collection:

  • Cookies

which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of tracking user activity and patterns, helping you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.

  • Web beacons

also known as pixel tags or clear GIFs, which are typically used demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns. We may use web beacons to track your use of Site or to collect information about your interactions with our email messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read emails. Web beacons may be placed on the Site or Powerful Service by third parties such as a social media platform, or an analytics provider in order to support functionality described in this Privacy Policy. We also use web beacons to allow ad networks to provide anonymized and aggregated auditing, research and reporting for us and for advertisers.

Third Party Platforms

When you choose to connect with a social media service or other third party platform when using the Powerful Service, including Facebook, Spotify or Apple Health, we may collect information about you from that platform, including any information that you choose to import into the Powerful Service. You may also be able to access posting and sharing tools on the Powerful Service that allow you to post information to a social media or third party platform. By using these tools, you acknowledge that some account information may be transmitted from the applicable platform account to us; our treatment of that information is covered by this Privacy Policy. Additionally, when you use one of these tools, the social media or third party platform may be collecting information about your online activity through its own tracking technologies, subject to its own privacy policy. We encourage you to read the privacy and other policies of any third party platform you use in connection with the Powerful Service.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection.

Service delivery

We may use your personal information to:
• provide, deliver, and customize your use of the Powerful Service (i.e., to provide feedback on your workouts);
• provide you with the Powerful Service and any products that you purchase from us;
• to enhance or supplement the Powerful Service;
• to communicate with you about the Powerful Service, including regarding the status of any orders of the Powerful Service and to respond to your inquiries, including for customer support;
• understand your needs and interests, and personalize your experience with the Powerful Service and our communications; and
• provide support and maintenance for the Powerful Service.

Research and development

We may use your personal information for research and development purposes, including to analyze and improve the Powerful Product, Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Powerful Service and promote our business.

Marketing and advertising

We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:

  • Direct marketing

We may send you Powerful-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.

  • Interest-based advertising

We may contract with third-party advertising companies and social media companies to display ads on the Powerful Service and other sites. These companies may use cookies and similar technologies to try to tailor the ads you see online to your interests based on your activity over time across the Powerful Service and other sites, or your interaction with our emails. These ads are known as "interest-based advertisements." You can learn more about your choices for limiting interest-based advertising, in the Advertising choices section below.

Compliance and protection

We may use your personal information to:
• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• enforce the terms and conditions that govern the Powerful Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

  • For other purposes.

We may also use your personal information for other purposes described in this Privacy Policy or at the time we collect the information.

  1. WITH WHOM WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

Payment partners.

Third party companies that may offer financing options when you purchase Powerful products and services. When you make purchases through the Services, we Process your payments through a third party application, such as an App Store or, in the case of online or in-person purchases via a Third-Party payment processor.In these instances, the third party application may collect certain Financial Information from you to Process a payment on behalf of Powerful , including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of Third-Party payment processors and financing partners, including the name(s) of the entities that we partner with, please email support@Powerful.com.

Other users and the public.

Other Powerful users or the public, when you provide content to your public user profile or voluntarily disclose in a manner that other users or the public can view. In addition, your username will be displayed to other users through the Powerful Service, and other users can contact you through the Powerful Service. Content that you post publicly on, through or in connection with the Powerful Service, including on third party services such as a social media platform, may also be public. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.

Service providers.

Other companies and individuals that provide services or perform tasks on our behalf to help us operate the Powerful  Service or our business, such as, for example, customer support, hosting, analytics, mobile application metrics, email delivery, marketing and database management services, music integration services, our extended warranty service providers and payment processor. These third parties may use your personal information only as authorized under our contracts with them.

Advertising Partners.

Third party advertising companies and social media companies that may assist us and other parties with customer research, management of customer and prospective customer databases, promotional mailings or other targeted promotions. These partners may collect information about your activity on the Site and other online services to help us advertise our and other services, and/or use hashed customer lists that we share with them to deliver ads on their platforms to our customers and similar users on their platforms.

Third party platforms.

Social media platforms or other third party platforms that you connect to the Powerful Service and where you authorize us to share your information with them (such as when you use options to access the Powerful Service by logging into the third party platform).

Professional advisors.

Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Law enforcement and others.

Law enforcement, government authorities and privacy parties, when we believe in good faith it is necessary or appropriate for the compliance and operations purposes described above.

Business transferees.

Relevant participants in business transactions (or potential transactions), such as corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Powerful or our affiliates (including, in connection with a bankruptcy or similar proceedings). In any of these cases user information, including personal information, could be one of the assets transferred to or acquired or accessed by a third party.

For other purposes.

We may also share your personal information for other purposes described in this Privacy Policy or with your consent.

  1. Analysis and tracking tools

The tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) 1) f) GDPR. The tracking measures we use are intended to ensure that our website meets requirements and is continually optimised. We also use these tracking measures to record website use and to evaluate it for you in order to optimise our offering. These interests are considered legitimate within the meaning of the aforementioned provision. The respective data processing purposes and data categories can be found in the corresponding tracking tools.

  1. i) Google Analytics

We use Google Analytics, a web analysis service provided by Google Inc., for the purpose of tailoring our pages to meet your needs and continuously optimising them. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as ’Google’). Pseudonymised user profiles are created and cookies (see section 4) are used in this context. The information generated by cookies about your use of our website includes

  1. browser type/version
  2. operating system
  3. referrer URL (previously visited page)
  4. hostname of accessing computer (IP address)
  5. time of server request
  6. client ID (user, device, browser)
  7. Google Analytics tracking ID
  8. Google Tag Manager container
  9. location URL
  10. language of the user
  11. page view / sessions
  12. session duration
  13. gender
  14. age
  15. interests
  16. interests of the user
  17. user flow
  18. origin URL



We only use Google Analytics with IP anonymisation enabled. This means that the IP address of the user is shortened by Google within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
he IP address transmitted by the user’s browser is not merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings in their browser, by selecting the appropriate settings on the Google website or by downloading and installing the browser plugin available from the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

This information is used to evaluate website use, to compile reports on website activity and to provide other services relating to website and Internet use for market research purposes and to tailor our website to requirements. This information may also be transferred to third parties if this is required by law or if third parties process such information on behalf of third parties. Under no circumstances will your IP address be merged with other Google data. Further information on data privacy in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics/answer/6004245?hl=de).

  1. ii) Google Adwords conversion tracking

We also use Google conversion tracking to record the use of our website statistically and to evaluate it for the purpose of optimising our website for you. Google Adwords places a cookie on your computer if you have reached our website via a Google advertisement. These cookies lose their validity after 30 days and are not used for personal identification purposes. If the user visits certain pages on the AdWords customer’s website and the cookie has not expired, Google and the customer will be able to tell that the user clicked on the ad and was directed to that page.

Each Adwords customer receives a different cookie. Cookies can therefore not be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers will know the total number of users who clicked on their ad and were directed to a page tagged with a conversion tracking tag. However, you will not receive any information that personally identifies users. If you do not wish to participate in the tracking process, you can also refuse to set a cookie as required, for example by setting your browser to disable the automatic setting of cookies. Google’s Privacy Policy for conversion tracking can be found here (https://services.google.com/sitestats/de.html).

  1. Social media plugins

We use social plug-ins of the social networks Facebook, Twitter and Instagram on our website based on Art. 6 (1) 1) f) GDPR, in order to raise the profile of our company and the online shop. The advertising purpose behind this is regarded as a legitimate interest within the meaning of GDPR. Responsibility for operation that is compliance with data protection regulations must be guaranteed by the respective providers. These plug-ins are integrated by us using the two-click method in order to protect visitors to our website in the best possible way.
a) Facebook
Social media plugins from Facebook are used on our website to make its use more personal. For this we use the ‘LIKE’ or ‘SHARE’ button. This is an offer from Facebook. If you call up a page on our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser, which integrates it into the website. By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by pressing the ’LIKE’ or ‘SHARE’ button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research and tailoring Facebook pages to your needs. To this end, Facebook creates usage, interest and relationship profiles, for example, to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook. If you do not want Facebook to associate the information collected through our website with your Facebook account, you must log out of Facebook before visiting our website. The purpose and scope of data collection and the further processing and use of data by Facebook as well as your related rights and setting options for the protection of your privacy can be found in Facebook’s data privacy policy (https://www.facebook.com/about/privacy/).

Based on our legitimate interests in the analysis, optimisation and economic operation of our online services and for these purposes, the so-called ‘Facebook pixel’ of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (‘Facebook’), is used within our online services.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

With the help of the Facebook pixel, Facebook is able to determine the visitors to our online offering as a target group for the presentation of ads (so-called ‘Facebook ads’). Accordingly, we use Facebook pixels to display Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain characteristics (for example, interests in certain topics or products that are determined on the basis of the websites visited) which we transmit to Facebook (so-called ‘custom audiences’). We also want to ensure using Facebook pixels that our Facebook ads match the potential interests of users and are not annoying. We can also use Facebook pixels to track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our website after clicking on a Facebook ad (known as ‘conversion’).

b) Twitter

Twitter Inc. (Twitter) plugins are integrated into our web pages. You can recognise Twitter plugins (Tweet button) from the Twitter logo on our website. You can find an overview of Tweet buttons here (https://about.twitter.com/resources/buttons). If you access a page on our website that contains such a plugin, a direct connection will be established between your browser and the Twitter server. Twitter receives the information that you have visited our site using your IP address. If you click the Twitter ’Tweet’ button while logged in to your Twitter account, you can link the content of our pages to your Twitter profile. This allows Twitter to assign the visit to our pages to your user account. We would like to point out that, as the provider of the pages, we do not have any knowledge of the content of the data transmitted or its use by Twitter.

If you do not want Twitter to be able to assign visits to our pages, please log out of your Twitter user account. Further information on this can be found in Twitter’s privacy policy (https://twitter.com/privacy).

c) Instagram

Our website/online shop also uses social plugins (‘plugins’) from Instagram, operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (‘Instagram’). The plugins are marked with an Instagram logo, for example in the form of an ‘Instagram camera’.

When you visit a page of our website/online shop that contains such a plugin, your browser establishes a direct connection to Instagram’s servers. Instagram sends the content of the plugin directly to your browser and integrates it into the page. This integration tells Instagram that your browser has accessed the appropriate page on our site, even if you do not have an Instagram profile or are not logged in to Instagram.

This information (including your IP address) is transferred directly from your browser to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly associate your visit to our website with your Instagram account. If you interact with the plugins, for example by pressing the ‘Instagram’ button, this information is also sent directly to and stored on an Instagram server. The information is also published to your Instagram account and displayed to your contacts. If you do not want Instagram to directly associate the data collected via our website with your Instagram account, you must log out of Instagram before visiting our website. For more information, see Instagram’s Privacy Policy (https://help.instagram.com/155833707900388).

  1. Data security

We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser.

We also use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss or destruction, and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

  1. CHILDREN

The Powerful product/Service is not intended for use by children under 13 years of age. If we learn that we have collected personal information from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

  1. HOW TO CONTACT US

If you have any questions about this Privacy Policy or our information handling practices, please contact us by email at support@Powerful.com.