in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
Who We Are
We are Ornitorenk Dijital Hizmetler Anonim Şirketi, a legal entity incorporated and operating under the laws of Republic of Turkey and with the below contact information. We provide personalized training and workout plans and other related services, through our Website and the App (the “Services”).
Title: Ornitorenk Dijital Hizmetler Anonim Şirketi
Address: Esentepe Mah. Talat Paşa Cad. No: 5/1 Sisli Istanbul, Turkey
What is Personal Data?
According to European Commission, Personal Data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.
How We Collect Your Information
In order to provide you with our Services, we need certain information about you. This information is often shared with us directly by you, such as your responses to the questions we ask, but we also collect your personal data from certain third parties, such as the information we collect from social media platforms you connect with the Website and/or the App. There is also certain data we collect automatically, like the operating system of your mobile device and the sections of our App you mostly interact with or spend time using.
The Information We Collect Directly from You
We ask you for certain personal information, such as your name, surname, email address and password (“Profile Data”), when you are setting up your profile.
We also ask for some other information, such as your gender, fitness background, age, weight and height (“Physiological Data”). Such information is essential for providing you with the most suitable workout plans created or personalized specifically for you. We do not use the Physiological Data or any data gathered in the health, fitness and motion context for marketing, advertising marketing or use-based data mining purposes.
We may also provide you with the option of putting in additional personal information, such as notes and photographs; or wellness data, such as burned calories, sleep duration and quality, food intake information, nutritional statistics, weight loss/gain, fitness statistics and training information (duration, intensity, type, location), motion data, and your motivation level (“Wellness Data”). We do not use the Wellness Data or any data gathered in the health, fitness and motion context for marketing, advertising or use-based data mining purposes.
We work with a third-party payment processor for the purposes of payments. In relation to process such payments, we do not retain any financial information such as credit card numbers; but all such information is provided directly to our third-party processor by you; and the third-party service provider stores your payment information on our behalf.
The Information We Collect from Third Parties
We offer you the opportunity to create your Kompanion account by using your Facebook account or the “Sign-in with Apple” feature. The availability of these options may vary from device to device and we may include other options or exclude any of them in the future. If you login to the Application through Facebook, Apple or another third-party platform or service, you will be directed to that third party platform or service, where you will be required to log in, and receive an explanation as to your information we will need from that platform or service. Your permission will be asked if we obtain certain information from such platform or service, which will be already given under that account, such as your name, profile picture, account ID number, email address, location, physical location of your access devices, and birthday. We need this information for identification purposes in order to create a secure Kompanion account for you. Should you choose logging in using your Facebook account, we may show you which of your friends are already on Kompanion. We will not submit any of your information to Facebook or other third-party platforms or services without having obtained your explicit consent. Should you choose logging in with your Facebook account, your Kompanion account will be permanently linked with your Facebook account using your email address. In that case, we will store your email address and send you information regarding our services as needed and as permitted by law.
If you access or use our Services through a third-party platform or service, the collection, usage, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.
We also collect Personal Data, including Wellness Data, through the device you use that is connected to the Internet, if any, such as heart rate monitor, activity tracker, and other device or wearable (personal computers, mobile phones and tablets are excluded). When you use such a device or product, we may also collect certain information on the device or product such as serial number, Bluetooth information, UPC, or other device or purchase-specific information.
We may also obtain information through third parties, which we have a business or legal relationship with, such as business partners, technical, payment and delivery service subcontractors, advertising networks, analytics providers or search information providers.
The Information We Collect Through Automated Means
When you access the Services, we collect certain data by automated means, including but not limited to technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”); usage statistics about your interactions with the Services, including selected training plans, time spent on the Service (or a specific training plan), features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”); an approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.
We also collect certain information through Apple Health and/or Google Fit, provided that you have given your explicit consent.Apple HealthKit. We use Apple’s HealthKit framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with your explicit consent – lets apps communicate with the HealthKit to access and share this data. If you download our Apple Watch app when it will be available, and use Apple Watch, we may collect and process your heart rate data, obtained through the HealthKit framework and the Apple CoreMotion framework, with your explicit consent. New data attributes may be added to the HealthKit framework, which will be portrayed in the App and which you have to consent to. If you grant the App access to HealthKit, it can add information to certain sections of HealthKit, i.e. adding your steps and burned calories into the relevant section in HealthKit.
We may analyze the data shared by HealthKit for research purposes designed to provide a personalized experience and motivate engagement in healthy habits.
We do not use information gained through the HealthKit framework for marketing, advertising or use-based data mining and we do not transfer that information to third parties for those purposes. Information gained through the HealthKit framework may only be used to provide health, motion or fitness services in connection with the App and may only be transferred to third-parties for that purpose and with your explicit consent.
Google Fit. We use Google Fit SDK which is an open platform that lets users control their fitness data. Similar to the HealthKit, provided that you have given your explicit consent, Google Fit may share certain information with us and we may add your information to certain sections of Google Fit.
We do not use information gained through the Google Fit SDK for marketing, advertising or use-based data mining and we do not transfer that information to third parties for those purposes. Information gained through the Google Fit SDK may only be used to provide health, motion or fitness services in connection with the App and may only be transferred to third-parties for that purpose and with your explicit consent.
Google Analytics cookies – We need to use these cookies in order to measure the traffic on our websites, which pages of our websites a visitor visit and to calculate the time spent on any page of our websites.
Google Tag Manager cookies – We need to use these cookies to keep our websites up-to-date. We do not collect or process any Personal Data through these cookies.
Cloudflare cookies – We need to use these cookies to ensure security of our websites. We do not collect or process any Personal Data through these cookies.
We also use our own security cookies and only to prevent any attacks on our websites and to prevent any frauds including but not limited to misdirecting frauds, i.e. xxs attack.
Should you have any specific questions or concerns regarding Cookies, please do not hesitate to contact us.
What We Use Your Information For?
Your personal data collected hereunder may be processed,
to develop, improve, personalize, provide, and administer the Services, including to display customized training plans, workout plans and exercises.
to process your requests and orders for products, specific services, information, or features;
to communicate with you by any means, including but not limited to social media, e-mail and push notifications, about the Services by:
responding to your questions, requests and concerns;
sending you information and e-mail about your progress in training plans, workout plans and exercises, rewards programs, new services, new features, offers, promotions, advertising, newsletters, and other available products and services which you can opt out of at any time;
sending push notifications to your wireless devices to announce campaigns and promotions, to recommend training plans, workout plans and exercises, and to provide updates, daily quotes, and other relevant messages.
offering you the possibility of taking part in user generated content, surveys and testimonials
to manage your profile preferences;
to engage with our online communities;
to allow you accessing third party products and services;
to allow you to take fitness tests or assessments or to invite friends;
to maintain and develop the technical functioning of the Services, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
to solicit feedback from users;
to market and administer contests, competitions, challenges, surveys and promotions administered or sponsored by us;
to learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
to identify unique users across devices;
to tailor advertisements across devices;
to improve our Services and develop new products, services, and features;
to analyze trends and traffic, track purchases, and track usage data;
to advertise the Services on third-party websites and applications;
as required or permitted by law; or
as we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.
Any data gathered in the health, fitness and motion context, including but not limited to the data gathered from HealthKit Framework and GoogleFit SDK, may only be used for improving your health management and may not be used for marketing, advertising marketing or use-based data mining purposes.
Profile Data, System Data and Usage Data, will be stored in our secured database for a period of 1 (one) week following your termination of membership to expedite the process and for user satisfaction if you subsequently wish to re-join.
Who Do We Need to Share Your Information with and Why?
We take every precaution to ensure such third parties provide all appropriate technical and also administrative measures, identical to or equal to those required from us, before transferring your information.
We may transfer your information to the servers outside the country of your domicile, when needed, provided that all measures are taken.
Where possible, we anonymize or pseudonymize your information, before sharing, and in that case, we can disclose or use your aggregated or de-identified data for any purpose. De-identified Data means data where we have removed information like your name and email address and replaced it with a token ID. This allows the third parties to provide their services without being able to match such data with you. We do this to ensure your personal data is protected.
Service Providers, Contractors, and Agents: We need to share your data with third parties who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools, like Amplitude, Adjust, Google Firebase and Google Analytics, and data enrichment services, we may share certain information, such as Profile Data, System Data and Usage Data, or de-identified data as needed, with analytics and data enrichment services.
For Advertising: We may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints (together, “Data Collection Tools”), and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you. We would like to remind you that we do not share any of your Personal Data related to your health, motion and fitness, and any information gained through the HealthKit framework or Google Fit SDK with third parties for marketing and advertising purposes.For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
Permitted or required by law;
Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
Reasonably necessary as part of a valid subpoena, warrant, or other legally valid request;
Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of Kompanion, our users, employees, members of the public, or our Services.
During a Change in Control: If we undergo a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of our assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
What We Do to Secure Your Information
We are actively seeking and taking the most effective, appropriate and commercially reasonable security measures in order to maintain the safety of your Personal Data. These measures are designed not only to prevent unauthorized access to your Personal Data, but also to prevent its accidental loss, alteration and disclosure.
Also, our service providers are under the obligation to comply with the provisions of the data processing agreements, which they are subject to, if applicable.
We Might Be Required to Retain Some of Your Information
Subject to limitations in applicable law, you are entitled to object to or request the restriction of processing of your personal data, and to request access to,
rectification, erasure, and portability of your personal data. This means that you also have the right to withdraw your prior consents. To make a request concerning
your rights, you may simply send an e-mail to [email protected].
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Should you wish to send your questions, opinions, concerns or recommendations regarding privacy and any other issue, please do not hesitate to contact us. You may always send us an email at [email protected].