Austrian law applies.
GENERAL PROVISIONS – Your health, your responsibility
Our services, which we offer as part of our app “Perfect Weight”, should help you to self-assess your diet and eating habits in a self-critical way and improve you own habits. Our app is intended solely to provide information and does not constitute a doctor’s or other medical advice and/or treatment. It is your responsibility to anticipate any risks of using our app with a trusted doctor in advance and when needed while using the app. Our app stipulates particular fasting periods of several hours or several days. Whether and to what extent you wish to comply with these fasting periods is your free choice and solely your responsibility. We do not monitor your diet and eating habits, nor do we carry out any kind of inspection, supervision, or control with regard to the medical or health safety/tolerability of your entries and activities.
Using the app does not create a doctor-patient, therapist-patient, or other relationship with another healthcare professional between you and us.
The information you provide is not intended to be used for medical purposes or to diagnose, treat, cure, or prevent any disease, condition, or injury. You expressly agree that the use of the app does not constitute a medical service. We are not responsible for any health problems that you suffer or that may occur during app use. If you have any health-related questions, please contact your doctor or another healthcare provider immediately. In case of emergency, call your doctor or the local emergency and rescue service immediately.
We do not take any responsibility or liability, whether direct or indirect, for personal injury or property damage caused by your use or inability to use the app.
1. Who is allowed to use the app? Who must not use the app?
To use our app, you must be of legal age and full legal capacity. No person who does not meet these requirements may use the services, provide us with personal information, or otherwise enter personal information via the services (e.g., name, e-mail address).
We also prohibit the use of our app for pregnant women or persons suffering from an eating disorder. Persons who suffer from other illnesses in which it cannot be ruled out that changes in eating habits could have negative effects, may use our app only after consultation with their attending physician.
Persons living in the US, Australia, or the United Kingdom are not permitted to use the app for legal reasons.
Without registration, you can try the app for 7 days for free. If you want to use the app longer, a registration is required. Your information, which is requested from you during the account setup and during the registration process, should be correct, complete, and up-to-date. Otherwise, our app services may not work properly.
When you set up an account, you are responsible for ensuring that all activities that take place while you use your account remain confidential, and you agree to immediately contact our support team (https://perfectskin.cc/en/contact/) to report actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any damage caused by unauthorized use of your user name or password, with or without your knowledge.
Data processing: Scope and purpose of data use
By using our app, you are providing us with personal information, information about your eating habits, and usage patterns related to our service.
The use of our app is only allowed to adults of legal age.
Data are used for the following purposes
a) Running our business
b) Promoting and offering products and services
c) Improving existing products and services and optimizing our advertising and marketing activities
d) Developing new products and services
e) Optimizing and personalizing your experience interacting with us
f) Commercial and academic research on demographic, diet, interests, and consumer preferences (this anonymous analysis may be used and shared outside of our organization)
g) Conducting market research (In these cases, we may share anonymized answers/analysis with business partners for their own market research and communication purposes, and you may decline to respond to these types of questions, or you may decline to participate in the respective survey.)
h) Security of our service, employees, and users
i) To give you access to third-party products and services and to communicate with you (e.g., information about offers)
For other purposes, data use is only permitted if you agree to further processing or if a legal basis provides further processing.
The data processing refers to personal data and other data:
“Personal data” means information about those affected whose identity is determined or determinable. Such information shall be provided only to the extent that it is necessary to provide the services requested.
“Other data” means data that is anonymous, aggregated, de-identified, or otherwise does not disclose your identity. Examples include age, gender, software version, and time spent using our services. We collect and use this information to understand how you and our users, as a whole, use our services, and to fine-tune, optimize, develop, and design products and services to meet the needs of our users.
With “anonymized data” there is no personal reference; these are data in which the identity of those affected can no longer be determined by anyone. According to the current legal situation (as of 10/2018), such data are not relevant for data protection.
The use of our app establishes a contractual relationship between you and us, the provision of personal data is required to fulfill the contract.
Specifically, we use the following data:
1. When you register with us, we collect the registration information (user name and password, e-mail address, IP address) and data about your physiological characteristics (age, gender, height, body weight), as well as data about your mobile device (e.g., name of your Internet service provider and device ID).
2. When using or interacting with our services, we collect the information you have entered manually about your eating habits (your estimate of serving size and calorie count, time intervals between food intake, frequency of food intake), weight loss and gain, and any photos uploaded by you and use this provided data (e.g., by analyzing this information over a period of time), e.g., to give you feedback (such as product recommendations) and to support the execution of our business.
3. When you connect to us through social media, we may collect account or profile information that you provide to these social networking services (e.g., Facebook credentials).
5. When we supplement your information, we collect additional personal information from you.
Transfer of personal data:
Transfer or disclosure of your personal data to third parties is only possible if at least one of the following conditions is met:
a) In case of your consent.
b) To the extent necessary to perform a transaction or to provide a product, service or function that you have requested.
c) To the extent necessary to enable our contractors (1) to provide their products and services to us, or (2) to provide you with the products and services you request. For example, we may use third-party providers to assist with marketing and advertising our products and services, to provide customer service and support (e.g., if you have a question, complaint or technical problem with your account), as well as for e-commerce or fulfillment purposes.
d) To enable the use of our service and to enable us to provide services. For example, we offer the option of making shop orders, which involves interaction with third-parties such as PayPal or mail/delivery service.
e) When posting data in community forums/social media (e.g., Facebook), this disclosed data is public.
f) If we ever merge with another company, or if we choose to sell or reorganize our business in whole or in part, we may, under applicable law, disclose or transmit your personal information to prospective buyers, actual buyers, or successor entities in the course of these transactions or reorganizations (corporate transactions and reorganizations).
g) To fulfill legal obligations and/or to safeguard legitimate interests of us or a third party in the use of the data.
Responsible contact person / Responsible body
The responsible contact person and responsible body for the collection, processing, and use of your personal data is DDr. Karl-Georg HEINRICH, Landhausgasse 2, A–1010 Vienna, Austria.
DDr. Karl-Georg HEINRICH
Please contact us with any questions, suggestions and wishes related to your data: https://perfectskin.cc/en/contact/
Right to information, correction, erasure, restriction, and transfer
In accordance with the legal requirements, you have a right to access to your personal data and the right to correction (if necessary, supplementation) of all data processed about you as well as a right to erasure and a right to restriction of processing and a right to transfer.
To assert these rights your identity must be clear. You are legally obligated to cooperate, e.g., in case of legitimate doubts about the identity, for example, through presentation of your identification badge, when processing large amounts of data, etc.
Right to revoke your consent to the use of personal data
You are entitled to revoke your consent to the use of your personal data at any time without giving reasons.
Right to complain to a supervisory authority
In order to enforce the claims, persons concerned can file a complaint with the competent authority; in Austria, this is the data protection authority (Datenschutzbehörde).
Duration of data storage
We retain your personal information as long as you maintain your user account or as long as it is necessary to provide the services to you. We also retain your personal information for as long as necessary to fulfill our legal and contractual obligations.
4. Changes, restrictions, discontinuation of our services
Our app services, their form, and functionality are subject to change without notice. We may also introduce restrictions or prohibit you from accessing any or all of the services without notice or liability.
We may also develop and provide updates as we deem useful, necessary, or appropriate. Certain parts of our services may not work properly if you do not install all updates. These updates may include updated versions of our app that automatically electronically extend the versions used on your device, as well as updates for portable and other connected products. You expressly agree to these automatic updates. Furthermore, you agree that the terms and conditions (and any other changes to the terms) apply to all updates to the services. We assume no liability for the compatibility of the app with the user’s smartphone/device.
We are under no obligation to provide updates or to continue to provide or activate certain features or functions. We may change, suspend, or discontinue any or all of the services of our app, including, without limitation, the availability of products, features, databases or content, at any time without notice. The app may be partially or completely temporarily unavailable, or discontinued.
We may also, at any time, disable, lock, or suspend your account under any of the following circumstances: (1) If, in our sole discretion, we determine that you have violated or breached these terms; (2) we determine, at our sole discretion, that you caused a risk; (3) in response to requests from a law enforcement agencies or other governmental entities; (4) after termination or substantial change in a service; or (5) due to unexpected technical difficulties or problems. We will endeavor to notify you after such deactivation, termination, or suspension.
We reserve the right, without being obligated, to monitor accounts and/or activities performed through the services or in any way associated with the services.
5. Receiving messages, tips, and feedback
After you sign up for an account, you may regularly receive notifications, tips, and feedback both during the active use of the app and as in-app push.
To manage your user account, the app can send e-mails to you, for example, when changing the access data. In addition, depending on the settings you have made, the app can e-mail status, referrals, and offers to the address stored in your account.
6. Content ownership and use of content
Objectively (i) the term “content” means all creative expressions and in particular photos, pictures, illustrations, animations, logos, tools, text, ideas, messages, answers, “likes”, comments, information, data, software, scripts, executables files, graphics, nutritional programs, annotations, interactive features, designs, copyrights, trademarks, patents, sounds, apps, and the intellectual property thereof that may be generated, provided, or otherwise made available on or through the services; (ii) the term “user-generated content” means any content that a user (including you!) enters, transmits, or otherwise provides in the services or the use of the services. In particular, content includes all user-generated content and (iii) the term “PW content” means any content that is not user-generated content.
All copyrights, trademarks, designs, patents, and other intellectual property rights (whether registered or not) in the services and the app content belong to us. Each user retains the ownership, responsibility and/or other applicable rights to the user-generated content he creates, and we retain ownership, responsibility, and/or any other applicable rights to the entire PW content.
Except as expressly provided differently in the terms, nothing in the terms will grant you any right or license to use the PW content, including content owned or controlled by our partners or other third parties. You agree that you will respect the intellectual property rights of others, and you assure and warrant that you have all necessary rights to grant us a license (as explained in detail below) for all user-generated content you submit in connection with the services. You agree to publish only content that you are authorized to use.
When you provide us with user-generated content through the services, you grant us the non-exclusive, irrevocable, royalty-free, transferable, sub-licensable, worldwide rights and license to use, host, and store the user-generated content in connection with all services, to cache, reproduce, publish, publicly or otherwise display, distribute, transmit, modify (in particular to meet the requirements of any network, device, media, or service through which the services are made available), to commercialize, to create derivative works from it and to exploit it in some other way. You acknowledge and agree that: (a) we are entitled to organize the publication of user-generated content as we deem appropriate; (b) we are under no obligation to pay you any fees for the use of the user-generated content; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your user-generated content.
After the termination of your account, or if you remove user-generated content from the services, we may retain your user-generated content for a commercially reasonable period of time for backup, archiving, or auditing purposes. In addition, we may retain and continue to use, store, display, reproduce, reproduce, publish, modify, create derivative works from, display, and distribute your user-generated content that has otherwise been stored or published through us. You expressly agree that the above license for your user-generated content will persist even if you no longer use the services.
7. Rules of lawful use
By using the app, you agree that your user-generated content
a) has no discriminatory or abusive nature or contains personal attacks or insults,
b) is unsuitable for promoting unsafe weight loss techniques or eating disorders,
c) is not defamatory, obscene, pornographic, abusive, hateful, seditious, or promoting sexual material,
d) is not unlawful,
e) does not collect personal data,
f) does not publish private discussions,
g) does not violate any legal obligations,
h) contains no misleading or fraudulent links,
i) contains no infringement of intellectual property,
j) is neither deceptive nor misleading (e.g., false identity),
k) is in any way neither offensive nor suitable to prevent another person from using or taking advantage of the app, or to endanger or make us or any other user vulnerable or liable.
If you violate the rules of lawful use, we reserve the right to block your access to the app.
8. Services and products of third parties
We assume no liability or responsibility for the privacy practices or other actions on third party websites or services that may be activated in the services. In addition, we accept no responsibility for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. Accordingly, we will not be liable for any damage or loss caused or allegedly caused by or in connection with the use or reliance on such social networking services.
Our services may contain links to websites, content, advertisers, services, promotions, special offers, or other events or activities of third parties (“third party content”) that we do not own and over which we have no control. We do not endorse third party content and accept no responsibility for it. If you access or pay for third-party content, you do so at your own risk and acknowledge that we accept no liability for it.
You may access our services through devices or other third party products (“third party products”). Although we may recommend, promote, or market the products of certain partners, we are not responsible for the purchase or use of third party products and we do not guarantee that the products of third parties will function or be free of defects. We hereby exclude all liability for all third party products, including third party products offered by our partners.
9. Our services and products outside the app
The app may contain links to our other services (in particular medical treatments) and our product range and may provide you with information or recommendations/tips promoting our other services.
The use of the app is completely independent from our other services. If you become aware of our other services inside the app and then make use of them (e.g., making a medical consultation appointment or ordering a product for a fee), you sign a separate contract (e.g., a medical treatment contract with the physician) that has no legal connection with the use of the app. For this separate contractual relationship, only the contractual agreements made in this respect apply.
10. Costs / Waiver of right of withdrawal
The app can be tested and used for 7 days without registration for free. Further use of the app requires your registration. The information requested during the registration (age, sex, body height, body weight) is voluntary. We point out that incomplete and/or incorrect data entries can have a detrimental effect on the meaningful use of the app.
You agree to pay any fees or other costs incurred to use the app. We may change our rates for the app services at any time with future effect. You will receive reasonable notice of such price changes by posting the new prices in or via the according app service and/or by sending an e-mail notification to you. If you do not want to pay the new prices, you can cancel the app service before the change takes effect.
Payment of the usage fee is made via the Apple App Store. There you choose your preferred payment method (e.g., credit card) and provide the relevant information. This information must be complete and accurate and you are responsible for keeping it up to date. You expressly authorize us to charge the applicable fees for the premium services and any other purchases made through the services.
You can choose to pay for the app services monthly or annually. All fees for the app services must be paid in advance and will be deducted automatically at the beginning of the monthly or annual period of the app service using the chosen payment method. Unless otherwise stated, the period of use is extended automatically. You have the right to cancel the use of the app at any time without giving reasons at the end of the current billing period. All purchases of app services are final and non-refundable.
11. Waiver of right of withdrawal
You also waive your 14-day right of withdrawal as a consumer, allowing you to access all app services immediately upon registration and payment of the usage fee.
We reserve the right to change these terms by (i) posting the amended terms in the services and/or (ii) sending you advance notice of significant changes to the terms, typically by e-mail, as far as possible, and otherwise via the services. The changes shall not apply retroactively unless provided for by law.
13. Exclusion of warranty and liability
The purpose of our app is only the provision of information and non-binding recommendations. The use of the app is your sole responsibility and risk.
We do not guarantee the quality, accuracy, timeliness, correctness, up-to-dateness, or reliability of the services and content. We are neither liable nor responsible that (i) the services will meet your requirements, (ii) the operation of the services will be uninterrupted, virus or error free, or free from other harmful elements, or (iii) errors are corrected. Verbal or written advice from us or our representatives comes without guarantee. We also provide no insurance or warranties of any kind with respect to content. Recommendations or information obtained through the services are provided without guarantee, unless expressly stated otherwise. Therefore, you expressly acknowledge and agree that the use of the services is at your own risk and that the entire risk of satisfactory quality, performance, accuracy, and effort lies solely with you.
Any claims arising out of material or immaterial nature caused by the use or non-use of the app and the information provided or by the use of incorrect and/or incomplete information are excluded. In particular, we are not be liable for any claims arising out of (a) the use of the services on your part (including, without limitation, your health), (b) other interactions with us, or (c) other content, information, services, or goods received through the services or advertised or obtained through links provided in the services, except in cases of malicious or intentional harm.
You acknowledge and agree that we offer the app services in confidence on the disclaimers, indemnities, and limitations of liability provided in these terms, and set the prices for the services accordingly. You also acknowledge and agree that these disclaimers, indemnities, and limitations of liability constitute reasonable and equitable sharing of risk between you and us, and that these disclaimers, indemnities, and limitations of liability constitute an essential business foundation between you and us. We could not provide you with the services in an economically reasonable manner without these warranty exclusions, indemnities, and limitations of liability.
14. Place of fulfillment / Place of jurisdiction / Competent court
The place of fulfillment is our registered office in 1010 Vienna (Austria). The place of jurisdiction for any kind of legal disputes in connection with the app and its use is the competent court of 1010 Vienna.
All litigation procedures may only be conducted on an individual basis and not as a class action lawsuit, consolidated lawsuit, or collective action lawsuit.
Notwithstanding any contrary provisions in these terms and conditions, in the event of a dispute you and we can not resolve, you have the right to lodge a complaint with http://ec.europa.eu/consumers/odr. We do not participate in any alternative dispute resolution procedure.
15. Other provisions, salvatory clause
You may not assign, delegate, or otherwise transfer your account or obligations under these terms and conditions without our prior written consent. We may delegate or transfer all or part of our rights under these conditions in our sole discretion, and we may delegate our duties and obligations under these terms and in connection with the services to third party contractors or commission third party contractors with the performance of these tasks and duties.
For all concerns related to our app and its use, please contact our support team: https://perfectskin.cc/en/contact/
Austrian law: All legal disputes in connection with the app and its use are governed exclusively by Austrian law, with the provision that the UN sales law and the reference standards are excluded.
Newsletter / Information about products and services: I agree that you can send me your free newsletter and information about your range of products and services to my e-mail address. I can revoke my consent in writing for the future at any time without giving reasons.