TERMS OF SERVICE & PRIVACY POLICY

TERMS OF SERVICE

1. INTRODUCTION

1.1 ComeBack Mobility Inc, 610 W. Broadway Jackson, WY 83001 Suite 201 (“ComeBack Mobility”) operates an interactive online platform and mobile apps (together the “ComeBack Mobility Products”) aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious. ComeBack Mobility offers the following apps apart from and in connection with the services on the platform: devices attached to the crutches, ComeBack Mobility app.
1.2 In order to be able to use the complete spectrum of ComeBack Mobility Products, a one-time registration is required (see Section 4, below). However, certain features (e.g basic rehabilitation information) and certain content (e.g. information regarding wellness, health, or rehabilitation), including general descriptions of ComeBack Mobility, can be viewed without registration.
1.3 ComeBack Mobility’s goal is to make sports enjoyable and to make a positive contribution to people’s health.
1.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. ComeBack Mobility neither substitutes your doctor, nor is ComeBack Mobility responsible for your behavior. The contents of the ComeBack Mobility Products, regardless whether they are provided by ComeBack Mobility, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

  1. VALIDITY OF THE T&C

    2.1 Validity. ComeBack Mobility offers the ComeBack Mobility Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the services, in case they are available without registration, or (ii) registration, in case they require an account.
    2.2 Prerequisite. Neither the registration nor the use of the complete spectrum of products and services shall be possible without consent to these T&C.
    2.3 Extent. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for ComeBack Mobility Products. In particular, the ComeBack Mobility online offering will be accessible via ComeBack Mobilitymove.com.
    2.4 Validity. These T&C shall be valid until cancelled in the currently valid version as of 2 March, 2018.

  2.  SUBJECT OF THE AGREEMENT

    Currently, ComeBack Mobility essentially offers its users the following features and information in several languages:
    3.1 ComeBack Mobility platform:
    3.1.1 Doctor’s personal profile page, including personal details;
    3.1.2 Patients diary, including a clear overview of rehabilitation activities;
    3.1.3 Statistics, analysis and comparisons concerning rehabilitation activities;
    3.1.4 Rehabilitation plans and records, as added by doctors, and presented and administered by ComeBack Mobility, respectively;
    3.1.5 News regarding ComeBack Mobility in short form;
    3.1.6 Mobile Health & Fitness Apps
    3.1.7 A Shop in which ComeBack Mobility, as agent and not as vendor, displays and links to some external shops, which provide health and rehabilitation products, and to which special shop terms and conditions exist;
    3.1.8 Content, e.g. texts, pictures and videos, regarding rehabilitation, health and wellness, that is presented by ComeBack Mobility and professional third parties (orthopedic surgeons, physicians, …);
    3.1.9 Status messages;
    3.1.11 A blog presenting company information, products and news regarding health and fitness in long form; and
    3.1.12 Other Content, such as
    About us: Short description of ComeBack Mobility;
    Company offerings: Offers of ComeBack Mobility addressed to companies;
    Partners: Presentation of partners and supporters of ComeBack Mobility;
    Advertising by ComeBack Mobility and/or third parties;
    Support for users;
    These T&C;
    Press & Media Center;
    Jobs; and
    Hardware
    3.2 Mobile applications; ComeBack Mobility Mobile
    3.2.1 Applications for Apple iPhones, Android phones, and other smartphones on a global scale, that can be used both isolated on the smartphone as well as in connection with the ComeBack Mobilitymove.com platform.
    3.2.2 Subject to the user’s consent, relevant data is transmitted from the smartphone to the ComeBack Mobility.com platform and shared with other social networks (e.g., Facebook), respectively.
    3.2.3 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the ComeBack Mobility.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
    3.2.4 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
    3.2.5 Additional terms and conditions on the part of the mobile phone-providers apply.

  3.  REGISTRATION

    4.1 General. While some of the ComeBack Mobility Products can be used without any registration, some products require a one-time, free registration. The “Free Membership” (basic) makes only basic options and features available to users. ComeBack Mobility offers users three ways of registering:
    4.1.1 Via the registration form provided on the ComeBack Mobility.com Platform;
    4.1.2 Via one of ComeBack Mobility’s apps: For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible; or
    4.1.3 Via Adoption by ComeBack Mobility of registration details provided by the user in the social network Facebook or Google G+: Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+, shall be adopted by the ComeBack Mobility network. The user can subsequently add to or reduce such details in such user’s profile on the ComeBack Mobility.com platform.
    4.2 Premium Membership
    4.2.1 A ComeBack Mobility Premium Service for “Premium Members” (“Premium Membership”), with all options and features, is also available against payment of a certain price
    4.2.2 Specific Premium Member Terms and Conditions as set forth in Section 7 apply to the Premium Membership. Unless otherwise specified in the T&C or Section 7, all other provisions of these T&C also apply to the Premium Members
    4.2.3 Through registering as a Premium Member you represent that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, ComeBack Mobility is not bound by these Premium Conditions
    4.3 Minors. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with ComeBack Mobility. Minors may only register with ComeBack Mobility subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to lisa@ComeBack Mobilitymove.com.
    4.4 Consequences of Registration
    4.4.1 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and s/he will keep all registration information up to date.
    4.4.2 Each user shall register with ComeBack Mobility once only, and confirms with its registration that it has not registered an account with ComeBack Mobility before and has not deleted a previously activated user account.
    4.4.3 Following successful registration, the user (then the “Registered User”) can log on to the ComeBack Mobilitymove.com platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook Connect or Google G+.
    4.5 Rights of ComeBack Mobility
    4.5.1 ComeBack Mobility reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
    4.5.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or ComeBack Mobility has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ComeBack Mobility has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.
    4.5.3 In any event, ComeBack Mobility reserves the right to contact you at any time to verify your registration data.
    4.6 User Identity. ComeBack Mobility is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages

  4.  NEWSLETTERS

    ComeBack Mobility will send newsletters to Registered Users. By accepting these T&C, the user allows ComeBack Mobility to send newsletters. The user can opt out of receiving a newsletter each time such a newsletter is received. Upon opting out, the user will not receive any further newsletters from ComeBack Mobility.

  5.  GENERAL TERMS AND CONDITIONS FOR ALL USERS

    6.1 Fraud protection.
    6.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@comebackmobility.com or, for Premium Members, support@comebackmobility.com, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
    6.1.2 ComeBack Mobility will not refund any amounts paid by you to ComeBack Mobility.com before you report an unauthorized or fraudulent use of your account.
    6.1.3 ComeBack Mobility has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.
    6.2 Promotions and Free Offers. ComeBack Mobility may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

  6.  SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS

    7.1 Subscription Requirement. In order to use the ComeBack Mobility Premium Service for Premium Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by ComeBack Mobility (the “Subscription”).
    7.2 Types and Prices of Subscriptions. ComeBack Mobility offers different Subscription periods so that you can choose the one that best satisfies your needs. All prices are subject to change at ComeBack Mobility’s discretion at any time. Any price changes will be announced on the ComeBack Mobilitymove.com platform or in the App Stores.
    7.3 Payment.
    7.3.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
    7.3.2 Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If ComeBack Mobility is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. ComeBack Mobility may deliver invoices and payment reminders to the user by email.
    7.4 Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the ComeBack Mobilitymove.com platform and in the App Stores.
    7.5 Cancellation. You may cancel your Subscription to ComeBack Mobility Premium Service for Premium Members at any time by initiating the cancellation on the ComeBack Mobilitymove.com platform or via the App Store. Unless otherwise provided for in Section 9, ComeBack Mobility will not refund previously paid amounts.
    7.6 Expiration. Subject to Section 7.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the ComeBack Mobility Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.
    7.7 Contact. Please contact us for any questions you might have or to report any violations of the Premium Conditions in this Section 7 at support@comebackmobility.com
    7.8 Application of Other Rules. Unless otherwise specified in this Section 7, all other provisions of these General Term and Conditions apply also to the Premium Members.

  7.  SPECIAL CONDITIONS FOR TRAINING PLAN-USERS

    8.1 General. ComeBack Mobility offers Training Plans to Registered Users, that can help you to improve your performance
    8.2 Subscription Requirement. In order to use the Training Plan-Services, you must (i) be a Registered User and (ii) pay the stipulated price along with (in case) the VAT and any other fees or amounts associated with the Training Plan-Services, by credit card or any other form of payment accepted by ComeBack Mobilitymove.com (the “Booking”).
    8.3 Booking. ComeBack Mobilitymove.com offers different types of training plans, so that you can choose the one that best satisfies your needs.
    8.4 Payment. Payment is made in advance. In other words, you can select the training plan that best satisfies your needs. Once you have signed up and paid the price, the corresponding validity period will be associated with your account. ComeBack Mobilitymove.com uses secure payment service providers to guarantee that your payments are secure.
    8.5 Prices. You can consult the different applicable prices on the ComeBack Mobilitymove.com platform. Any price changes will be announced on the ComeBack Mobilitymove.com website or in the respective AppStore.
    8.6 Premium Membership. Training plans are included for Premium Members. The validity period for Premium members equals their Premium Membership.
    8.7 Booking Period. Any booking period of the Training Plan-Services ends after six months, regardless of the user’s actual use of the Training Plan-Services during such period. You can check on the length of your Training Plan at any time by viewing your account information.
    8.8 Cancellation. You may cancel the Training Plan-Service at any time by initiating the cancellation on the ComeBackMobilitymove.com platform. Unless otherwise provided for in Section 9, ComeBack Mobility will not refund previously paid amounts.

  8.  TERMINATION

    9.1 Each user shall have the right to terminate the use of ComeBack Mobility’s online platform at any time via its account settings („Login Data“). ComeBack Mobility shall confirm such termination vis-a-vis the user.
    9.2 Additionally, ComeBack Mobility reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations as set forth in these T&C and ancillary agreements.
    9.3 Consequences. As a result of any termination pursuant to this Section 9 or cancellation pursuant to Section 10 hereof the following shall apply:
    9.3.1 All personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation, within thirty days.
    9.3.2 Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to support@comebackmobility.com, which shall include the email address provided to ComeBack Mobility upon registration, or via the ComeBackMobility.com platform. ComeBack Mobility will comply with such requests within ten days and maintain a record of the destruction for one year after the destruction.

  9.  USER OBLIGATIONS AND CONDUCT

    10.1 User Obligations. Each user of the ComeBack Mobility Products must
    10.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
    10.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to ComeBack Mobility that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
    10.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
    10.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
    10.1.5 not carry out any disrupting interferences in the ComeBack Mobility network, including the ComeBack Mobility Products, by use of technical or electronic aids, such as hacking attempts, brute ComeBack Mobility-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding ComeBack Mobility’s software or hardware;
    10.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
    10.1.7 provide prompt notice via email to lisa@ComeBack Mobilitymove.com of any detected breaches of the aforementioned obligations;
    10.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
    10.1.9 regularly saves important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. ComeBack Mobility shall not be responsible for any lost or impaired details. 
  10. BREACH OF USER OBLIGATIONS

    11.1 In order to ensure the proper and reliable provision of services, ComeBack Mobility imposes the following sanctions upon breach obligations by a user:
    warning;
    deletion of content;
    temporary deactivation of user account; and
    cancellation (irrevocable deactivation).
    11.2 The type of sanction shall depend on the purpose, impact, and type of the breach in light of ComeBack Mobility’s and the user’s interests.
    11.3 Cancellation. In the event a user account shall be cancelled in accordance with this Section 12, the respective user shall not be permitted to register again. 
  11. CONTENT

    12.1 General. ComeBack Mobility permits its Registered Users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
    12.2 The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such users.
    12.3 Disclosure. ComeBack Mobility shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
    12.3.1 comply with statutory law, or court or administrative orders;
    12.3.2 ensure compliance with these T&C;
    12.3.3 react to claims of breaches of law raised by third parties; or
    12.3.4 safeguard the rights, property or personal safety of ComeBack Mobility, its users and the general public.
    12.4 Use of Content. The user grants ComeBack Mobility the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, ComeBack Mobility shall have the right to use, irrespective of the type of usage, all content both as part of the ComeBack Mobility platform and any other activity of ComeBack Mobility or any company affiliated with ComeBack Mobility. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that ComeBack Mobility uses content created by a user outside the ComeBack Mobility Products, ComeBack Mobility shall note that such content was created by the user.
    12.5 Ownership. ComeBack Mobility does not claim ownership of any content created by users and will not supervise such content.
    12.6 Deletion. ComeBack Mobility reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 11.
    12.7 Inaccurate Content. ComeBack Mobility shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc 
  12. PRIVACY POLICY

    Please see the separate Privacy Policy that is an integral part of this agreement. 
  13. REPRESENTATIONS AND WARRANTIES

    14.1 Limitation. ComeBack Mobility does not represent or warrant that
    14.1.1 the ComeBack Mobility Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
    14.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
    14.2 Own Risk. The user uses the ComeBack Mobility Products exclusively at its own risk. This applies, without limitation, to
    14.2.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;
    14.2.2 downloading of the user’s own and third party content; and
    14.2.3 any use by the user of data created or provided by ComeBack Mobility, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and ComeBack Mobility does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
    14.3 Medical Advice. The use of any software or hardware offered by ComeBack Mobility is no substitute for the consultation by the user of a specialized doctor.
    14.4 External Content. Additionally, ComeBack Mobility does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. ComeBack Mobility does not make any representations or warranties with respect to products or services of third party providers. 
  14. LIMITATION OF LIABILITY

    15.1 General. ComeBack Mobility shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if ComeBack Mobility has caused a certain damage willfully or with gross negligence. In the event of slight negligence, ComeBack Mobility shall not be liable to other businesses and shall be liable to consumers only for personal damages. ComeBack Mobility shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
    15.2 Unless required by statutory law, neither ComeBack Mobility nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
    15.3 Downloads. ComeBack Mobility assumes no liability for downloaded material or material obtained as a consequence of using the ComeBack Mobility Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the ComeBack Mobility Products.
    15.4 Conflicts. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that ComeBack Mobility will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions. 
  15. INDEMNIFICATION BY USERS

    16.1 Indemnification. The user shall indemnify ComeBack Mobility for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the ComeBack Mobility.com platform or any other of the ComeBack Mobility Products by such user or as a result of any other usage by such user of applications available from ComeBack Mobility. The user shall bear the costs of any legal proceedings, in which ComeBack Mobility may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
    16.2 Support. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to ComeBack Mobility all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that ComeBack Mobility may be entitled to bring against the user shall not be affected. 
  16. CHANGES TO THE T&C

    17.1 General. ComeBack Mobility reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the ComeBack Mobility.com platform as well as in the apps.
    17.2 Changes to these T&C, other than changes to Section 3 require the consent of the respective Registered User, to whom the changed T&C shall apply. If ComeBack Mobility intends to implement such changes to these T&C, ComeBack Mobility will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the ComeBack Mobilitymove.com platform or on any other device through which the user accesses the ComeBack Mobility Products.
    17.3 In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the ComeBack Mobility Products.
    17.4 Written Form. Subject to Sections 18.1 to 18.2.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist. 
  17. MISCELLANEOUS

    18.1 Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full ComeBack Mobility and effect.
    18.2 Governing Law and Jurisdiction.
    18.2.1 These T&C and all contractual relations and litigation between the users and ComeBack Mobility shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
    18.2.2 Place of delivery and exclusive court of jurisdiction shall be Jackson, WY, USA.
    Last updated: 29 December, 2020


PRIVACY POLICY

If you have any questions or comments, please contact our Support team.
Thank you for being a part of the ComeBack Mobility community.

  1. IN GENERAL

    1.1 ComeBack Mobility Products. The concept of ComeBack Mobility Inc (“ComeBack Mobility”) apps and the ComeBack Mobilitymove.com platform (together the “ComeBack Mobility Products”) is based in part on the publication of details regarding individual users by making such details accessible to other users via the ComeBack Mobility Products and social networks, e.g. Facebook.
    1.2 Compliance with Data Protection Laws. The collection, administration and use of personal details by ComeBack Mobility complies with applicable data protection laws by ensuring that, amongst others and subject to 3.1, each user is able to decide herself, which personal details shall be made accessible to other users

  2.  PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY ComeBack Mobility

    2.1 Personally Identifiable Information. ComeBack Mobility collects information from users upon registration on its website (the “Registration” and a user then a “Registered User”) and in connection with the use of any of the ComeBack Mobility Products.
    2.2 Data Collection. Upon Registration, certain user data is collected in several ways (the “Registration Information”)
    2.2.1 Mandatory Information. Certain information has to be given by a user in order to register for ComeBack Mobility Products, such as:
    Email address;
    First and last name;
    Gender;
    Birthday.
    2.2.2 Optional Information. Certain information is optional during Registration and can also be added or deleted later on by the user, such as:
    Personal Information:
    Address (street, postcode, city, country)

Profile picture;
Family status;
Height and weight;
Reason and Motivation:
Sports level (beginner, advanced, professional);
Description;
Motivation for doing sports; and
Sports types;
Education and Job:
School, universtity; and
Company, type of job;
Contact information:
Phone, website; and
Twitter, Skype
2.3 Additional User Data. After Registration different types of data are collected by ComeBack Mobility (the “Additional User Data” and, together with the Registration Information, the “User Information”), such as:
Activities (e.g. distance, time, calories, duration, training days, elevation, pulse, max pulse rate, workouts, cheerings), location data and maps of activities;
Routes;
Photos;
Live Tracking, see Section 3.2;
User statistics and Leaderboard; and
Friendships.

  1. PRIVACY SETTINGS AND LIVE TRACKING

    3.1 Privacy Settings. Every user can change the privacy settings applicable to his or her account for ComeBack Mobility Products
    3.1.1 General. In this way, the user can decide for different categories (e.g. profile data, activities, maps, trainings plans, etc), subject to 2.2.2 and 2.3, who can see the User Information collected: all users, friends, or nobody. The default privacy settings are set to “friends” for all users.
    3.1.2 Exceptions. The following information is visible to all users and cannot be set to “nobody” in the privacy settings: first name, last name, and avatar.
    3.1.3 Leaderboard. The leaderboard function, in which the users can compare their activities to their friends’, is automatically activated in the user’s profile for all ComeBack Mobility Products. The user can deactivate this function at any time
    3.2 Live Tracking. The ComeBack Mobility Products include a “Live Tracking” feature (“Live Tracking”), which enables all users to see the route and data, including heart rates, of such user’s sports activity on certain of the ComeBack Mobility Products. Live Tracking can only be either activated or deactivated for all users. Live Tracking is deactivated by default and can be activated by a user at his or her own discretion before each activity. By activating the feature, the user accepts the responsibility for such activation at his or her own risk. If the user does not want to give all users access to his or her training route and data, then Live Tracking should not be activated 
  2. USE AND SHARING OF PERSONALLY IDENTIFIABLE AND NON-PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES

    4.1 Confidentiality and Security. ComeBack Mobility deems all user information confidential and does not disclose such information without the express informed consent of the user. ComeBack Mobility has implemented reasonable security policies and procedures designed to protect user information.
    4.2 Registration. With Registration, the user explicitly agrees that ComeBack Mobility shall have the right to use all collected personally identifiable information, for purposes of the ComeBack Mobility Products and generally agrees with this Privacy Policy.
    4.3 Sharing of Information. ComeBack Mobility does not pass on personally identifiable information (see Section 2, above) to third parties, except as response to lawful requests from federal, state, local, or foreign law and civil enComeBack Mobilityment agencies, as required by law, or with the explicit consent of the user, especially as set forth herein. ComeBack Mobility implements all reasonable measures to prevent the unauthorized access by third parties to saved details.
    4.3.1 ComeBack Mobility transfers information of Registered Users to (i) other health and fitness services, such as MyFitnessPal or Jawbone, after Registered Users explicitly consent to the transfer; and (ii) vendors, service providers, and other partners such as Google Analytics, Emarsys, or Adjust, New Relic, Amazon Web Services (AWS), who help ComeBack Mobility to provide and improve its services, such as providing technical infrastructure services or analyzing how the services perform or how they are used
    4.3.2 Sensitive Data and HealthKit. Neither Sensitive Data (sensible Daten) within the meaning of the DSG nor information gained through the use of the HealthKit framework, such as heart rate data, will ever be shared with or sold to advertisers or similar agencies. ComeBack Mobility does not use information gained through the HealthKit framework for advertising or similar services.If a Registered User consents, ComeBack Mobility may share such Registered User’s data obtained through the HealthKit framework with a third party for medical research. If Registered Users expressly consent, ComeBack Mobility may use the HealthKit framework and the Apple CoreMotion processor for the sole purpose of logging and displaying a Registered User’s physical activities, sleep and calorie expenditure. ComeBack Mobility and ComeBack Mobility’s analytics service providers, following ComeBack Mobility’s instructions, may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. You can always stop ComeBack Mobility from accessing your data by changing the settings of your mobile device.
    4.4 Advertising. The user explicitly consents to the storage and use of non-personally identifiable information for purposes of newsletter marketing or on ComeBack Mobility.com by ComeBack Mobility or its partners. Registered Users may also opt out of advertising through a mechanism on the ComeBack Mobility.com platform
    4.5 Transmission and/or use of data within the ComeBack Mobility group. ComeBack Mobility receives information from, and shares information with, its affiliates, agents, and business partners in the ComeBack Mobility group, e.g. adidas. The User Information shared with this group is aggregated data compiled from the information that it collects from Registered Users. We may use the information we receive from the group, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our services and their offerings
    4.6 Heart Rate Monitor. Personal health information collected and stored by ComeBack Mobility, and subsequently shared by the user via Heart Rate Monitor, may not be protected under the American Health insurance Portability and Accountability Act (HIPAA) 
  3. PLUGINS AND WIDGETS FOR SOCIAL MEDIA

    5.1 The ComeBack Mobility Products include social media plugins, such as (i) Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA; (ii) Google +, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, CA 94041, USA.
    5.2 Such plugins can recognize a user’s IP address and the page visited on the ComeBack Mobility.com platform and, possibly, store cookies, so that the services offered by ComeBack Mobility work properly. Social media plugins and widgets are hosted either by third party providers or directly by us. Your interactions with these plugins are subject to this privacy policy or the privacy policy of any third party that offers such feature. ComeBack Mobility is not responsible for the use of, or guidelines regarding the use of, personal data by third party providers.
    5.3 Users may recognize the respective plugins, e.g., by the respective logo or other respective characteristic typical for the respective social media-platform on our pages. You can find an overview of Facebook-plugins here: http://developers.facebook.com/docs/plugins/. You can find an overview of Google+-plugins here: https://developers.google.com/+/web/. You can find an overview of Twitter-plugins here: https://dev.twitter.com/web/overview.
    5.4 If a user interacts with the plugins, e. g. by clicking on the Facebook “Like-Button” or entering a comment, while being logged in to such user’s Social Media-account on Facebook, Google+, or Twitter, a user links the contents of the ComeBack Mobility pages to his or her respective social media-profile. Thereby, Facebook/Google+/Twitter can associate a user’s visit of the ComeBack Mobility page or use of ComeBack Mobility Products with such user’s social media-account. ComeBack Mobility as the provider of the ComeBack Mobility Products does not have any knowledge of the content of the transmitted data or its usage by Facebook, Google+, or Twitter. Users can also share finished activities via Whatsapp. Users can find more information on the issue of data transmission in the privacy policy of the respective social media-platform:
    Facebook: http://www.facebook.com/about/privacy/
    Google+: http://www.google.com/intl/en/policies/privacy/
    Twitter: https://twitter.com/privacy
    Whatsapp: https://www.whatsapp.com/legal/?I=en#privacy-policy
    5.5 If users do not want to have the respective social media-platform associate their visits on our site with their social media-account, users must log out from their social media-account. 
  4. COOKIES

    6.1 General. Several areas of the ComeBack Mobility website use ‘cookies’ ─ small text files that are placed on the user’s computer and stored by the browser. They are used by ComeBack Mobility to provide a more user-friendly, effective and secure service. Cookies also enable ComeBack Mobility to identify a user’s browser and offer services to such user. Cookies do not contain any personally identifiable information.
    6.2 Installation. You can prevent the installation of cookies by entering the corresponding settings in your browser software. However, please note that in this case you may not be able to use the complete range of functions of the ComeBack Mobility.com platform to its full extent. 
  5. GOOGLE ANALYTICS AND APP ANALYTICS

    7.1 The ComeBack Mobility Products use Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses ‘cookies’ (see Section 6, above). The information about your visit collected by the cookies, including your IP address, is usually transferred to a Google server in the USA and saved there. To the extent that the ComeBack Mobility Products have activated IP anonymization, Google first abbreviates your IP address within member states of the European Union or in other signatory states of the Agreement on the European Economic Area. Only in exceptional cases, will the full IP address be transferred to a Google server in the USA or Asia and abbreviated there. Google will use the information collected on behalf of the website operator to evaluate your use of the ComeBack Mobility Products, to compile reports about your activities within the ComeBack Mobility Products, and to provide further services to ComeBack Mobility related to use of the ComeBack Mobility Products and Internet use. Google will under no circumstances associate the IP address transmitted by your browser within the operations of Google Analytics with other Google data. 
  6. CHANGES TO PRIVACY POLICY

    8.1. Changes to this Privacy Policy require the consent of the respective user, to whom the changed Privacy Policy shall apply. If ComeBack Mobility intends to implement such changes, it will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the ComeBack Mobility.com platform or on any other device through which the user accesses the ComeBack Mobility Products. Any such modifications will take effect within thirty days of publication. This policy was last modified on 2 March, 2018. 
  7. DELETION OF USER INFORMATION

    9.1 In case of a termination of the Registered User’s account
    9.1.1 All personal details provided by the user upon Registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other Registered Users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation, within thirty days; and
    9.1.2 Upon the Registered User’s request, all User Information not required for ComeBack Mobility’s performance of contractual obligations or compliance with statutory retention obligations, shall be irrevocably deleted. The user shall request such deletion by email sent to support@comebackmobility.com, which shall include the email address provided to ComeBack Mobility upon Registration, or via the website. ComeBack Mobility will comply with such requests within ten days and maintain a record of the deletion for one year after the deletion 
  8. YOUR CONSENT

    10.1 By using our site as a non-registered user, you consent to our privacy policy only for those areas not subject to Registration. Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website and apps.