Privacy Policy for the Tennis Serve Speed Tracker 

Status: February 2025

Preamble

This Tennis Serve Speed Tracker (in the following “App”) is provided by Dr. André Zenner, Westpreußenring 1, 66121 Saarbrücken, Germany, (in the following “us”) as data controller. Mail: zennerdev@web.de  Tel. +49 178 5898066

The purpose of the Tennis Serve Speed Tracker App is to track the speed of tennis serves with the device. Specifically, the App captures audio and video data of the serve to calculate key parameters of the serve, such as the trajectory of the serve, the angle of the serve, and the speed of the serve, and communicates these parameters to the user via the display and sound output.

When you use the App, we process personal data about you and access information on your device. Personal data means any information relating to an identified or identifiable natural person. The data protection terms used correspond to the definitions according to the General Data Protection Regulation (GDPR). 

In this privacy policy (in the following “Privacy Policy”) we would like to inform you which personal data we process, which information from your device we access when you use the App and how we handle this data. Also, we would like to inform you about the legal basis for the processing of your data and, insofar as the processing is necessary to protect our legitimate interests, also about our legitimate interests.

You can access this privacy policy at any time under the menu item “Privacy Policy” within the App.

1. Information on the processing of your data

Certain information is already processed automatically as soon as you use the App. We have listed below which personal data and information is processed:

1.1 Information collected during download

When downloading the App, certain required information is transmitted to the App store selected by you (e.g. Google Play or Apple App Store), in particular the user name, the email address, the customer number of your account, the time of the download, payment information as well as the individual device identification number may be processed. The processing of this data is carried out exclusively by the respective App store and is beyond our control.

1.2 Information that is collected

The App does not collect any user data.  

If the user upgrades to the Premium version via an in-app purchase, this transaction is processed via the respective App store (e.g. Google Play or Apple App Store). In the context of this transaction, the App store might collect user data required to perform the transaction. The processing of this data is carried out exclusively by the respective App store and is beyond our control. More information about the data Google might collect can be found in the Google Play Terms of Service (https://play.google.com/about/play-terms/), the Google Privacy Policy (https://policies.google.com/privacy), and the Google Payments Privacy Notice (https://wallet.google.com/files/privacy.html). More information about the data Apple might collect can be found in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) and the Apple Customer Privacy Policy (https://www.apple.com/legal/privacy/), especially the section on App Store & Privacy (https://www.apple.com/legal/privacy/data/en/app-store/).

1.3 Use of the App

You can enter, manage and edit various information, tasks and activities. This information includes, in particular, following data. To capture the tennis serves, the App will record images (i.e., videos) with the camera selected by the user in the App’s settings. In addition, the App will also record audio clips of the serves with the microphone selected by the user in the App’s settings. Recorded image and audio data is only stored in the device’s Random Access Memory (RAM) and is deleted when the App is closed. App settings are locally stored on the device. No image or video data is ever leaving the device and the processing of the image and video data, as well as of the settings, happens locally on the device. This is required to provide the main functionality of the App.  

The App also requires the following permissions:

• Access to the device’s or connected cameras and permission for recording images of the serves.  

• Access to the device’s or connected microphones and permission for recording audio clips of the serves. This also includes the permissions to connect to paired bluetooth devices and to modify global audio settings.  

• Access to the internet to process in-app purchases.  

• Read and write access to the device storage to manage App settings.  

• Billing permission to realize transactions via Google Play or the Apple App Store.

The processing and use of data is carried out to provide the service. The storage and access to the data is justified by the fact that the processing is absolutely necessary within the meaning of Section 25 (2) No. 2 TDDDG in order to be able to provide the service of the App expressly requested by you. The data processing is justified because it is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b GDPR for the use of the App.

2. Contact

When you contact us by e-mail or telephone, the data you provide (your e-mail address, possibly your name and telephone number) will be stored by us in order to answer your questions. 

The legal basis for processing the data you provide is our legitimate interest in being able to respond to your email or phone call using the data you have provided, for example by answering your enquiry. If necessary, the processing is also carried out to fulfil the contract with you or to carry out pre-contractual measures. Depending on the nature of your enquiry, data processing may also be based on your consent.

You can object to the processing of your personal data on the basis of our legitimate interest at any time. To exercise your right to object, please contact us by e-mail or post at the above address.

If the data processing is based on your consent, you have the right to withdraw your consent at any time with effect for the future. To exercise your right of cancellation, please contact us by e-mail or post at the above address. The legality of the data processing that has already taken place remains unaffected by the cancellation.

3. Transfer and transmission of data

In addition to the cases explicitly mentioned in this Privacy Policy, your personal data will according to Art. 6 (1) lit. c GDPR in conjunction with national legal requirements and insofar as this is necessary to comply with obligations to provide information pursuant to Section 21 (1) and (2) TDDDG or pursuant to Section 22 TDDDG (2) only be transferred without your explicit prior consent to law enforcement agencies or other authorities if this is permitted or required by law.

4. Data transfers to third countries

The App does not transfer any user data to third parties and does not share any user data with third parties. If the user upgrades to the Premium version via an in-app purchase, this transaction is processed via Google Play or the Apple App Store. In the context of this transaction, Google or Apple might transfer data to servers outside the European Economic Area (EEA). More information about the data Google might transfer can be found in the Google Play Terms of Service  (https://play.google.com/about/play-terms/), the Google Privacy Policy (https://policies.google.com/privacy), and the Google Payments Privacy Notice (https://wallet.google.com/files/privacy.html). More information about the data Apple might collect can be found in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) and the Apple Customer Privacy Policy (https://www.apple.com/legal/privacy/), especially the section on App Store & Privacy (https://www.apple.com/legal/privacy/data/en/app-store/).

Google Ireland Limited („Google“)  Gordon House, Barrow Street, Dublin 4, Irland  

Google Commerce Limited  70 Sir John Rogerson's Quay, Dublin 2, D02R296, Irland 

Google Payment Ireland Limited 70 Sir John Rogerson's Quay, Dublin 2, Irland 

Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA

Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland

5. Changes of purpose

Your personal data will only be processed for purposes other than the aforementioned if a legal provision permits this or if you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you of these other purposes prior to further processing and provide you with all other relevant information.

6. Data retention

We will delete or anonymise your personal data as soon as it is no longer necessary for the purposes for which we collected or used it in accordance with the aforementioned paragraphs. 

Specific statements in this Privacy policy or legal requirements for the retention and deletion of personal data, in particular data that we are required to retain for tax law reasons, remain unaffected.

7. Your rights as a data subject

7.1 Right to information

You have the right to receive information from us at any time upon request about the personal data processed by us that relate to you within the scope of Art. 15 GDPR. To exercise your right, you can submit a request to the contact details below.

7.2 Right to rectification of inaccurate data

Pursuant to Art. 16 of the GDPR, you have the right to obtain that we rectify personal data relating to you without undue delay if it is inaccurate. Taking into account the purposes of the processing, you also have the right to request us to complete incomplete personal data. To exercise your right, you can submit a request to the contact details below.

7.3 Right to erasure

You have the right to obtain that we erase personal data relating to you under the provisions pursuant to Art. 17 GDPR. This right applies in particular if the personal data is no longer necessary for the purposes for which it was collected or otherwise processed, as well as in cases of unlawful processing, if an objection has been raised or if there is an obligation to erase the data under the laws of the European Union or the laws of the Member State applicable to us. Please also see section 5 of this Privacy policy regarding the retention period of your personal data. To exercise your right, you can submit a request to the contact details below.

7.4 Right to restriction of processing

You have the right to obtain the restriction of processing in accordance with Art. 18 GDPR. This right applies in particular if the accuracy of the personal data is contested between the user and us, for the period enabling us to verfiy the accuracy of the personal data, as well as in the event that the user obtains his right to restriction of processing instead of erasure; furthermore, in the event that the data is no longer necessary for the purposes pursued by us, but the user requires them for the establishment, exercise or defence of legal claims, as well as if the successful exercise of an objection is still contested between us and the user. To exercise your right, you can submit a request to the contact details below.

7.5 Right to data portability

You have the right to obtain the personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format in accordance with Art. 20 GDPR. To exercise your right, you can submit a request to the contact details below.

8. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out, inter alia, on the basis of Art. 6 (1) lit. e or f GDPR, in accordance with Article 21 GDPR. We will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims.

9. Right of Appeal

You also have the right to lodge an appeal with a supervisory authority in the event of complaints. The competent data protection authority for us is:  Unabhängiges Datenschutzzentrum Saarland,  Fritz-Dobisch-Str. 12, 66111 Saarbrücken, E-Mail:  poststelle@datenschutz.saarland.de. 

10. Contact

If you have any questions or comments about our handling of your personal data, or if you wish to exercise the data subject rights set out in sections 6 and 7, please contact  us under the aforementioned contact details in the Preamble.

11. Changes to this Privacy Policy

We always keep this Privacy Policy up to date. The current version of the Privacy Policy is always available under “Privacy Policy” within the App.

12. Information for Users in Australia

If you are located in Australia, you may address any privacy-related questions or concerns to our Data Controller, who is responsible for overseeing issues related to this Privacy Policy.

12.1 The Data Controller is:

Dr. André Zenner
Westpreußenring 1
66121 Saarbrücken
Germany
Mail: zennerdev@web.de
Tel. +49 178 5898066

12.2 Cross-Border Data Transfers

Your personal information may be stored or processed outside Australia. When transferring your data internationally, we will take reasonable steps to ensure that your information is protected consistent with the Australian Privacy Principles.

In addition to reaching out to our Data Controller, you also have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC) if you believe your privacy rights have been infringed. The OAIC can be contacted directly through their website:
https://www.oaic.gov.au
https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us 

13. Information for Users in New Zealand

If you are located in New Zealand, you may address any privacy-related questions or concerns to our Data Controller, who is responsible for overseeing issues related to this Privacy Policy.

13.1 The Data Controller is:

Dr. André Zenner
Westpreußenring 1
66121 Saarbrücken
Germany
Mail: zennerdev@web.de
Tel. +49 178 5898066

13.2 Cross-Border Data Transfers

Under the Privacy Act 2020, we will ensure that your personal information is protected when transferred outside New Zealand. Specifically, we will confirm that the receiving country has comparable privacy protections.

In addition to reaching out to our Data Controller, you also have the right to lodge a complaint with the Office of the Privacy Commissioner (OPC) if you believe your privacy rights have been infringed. The OPC can be contacted directly through their website:
https://www.privacy.org.nz/
https://www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/