The following are the terms and conditions of use (hereafter the “Terms of Use”) of the Perfect Gym Go mobile application (hereafter the “Mobile-app”). The Mobile-app is the property of Perfect Gym Go Sp. z o.o. with its registered office in Lublin, at Tomasza Zana 39A street, 20-634 Lublin, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Lublin-Wschód in Lublin VI Commercial Division of the National Court Register under number KRS: 0000631189and having the NIP number: 7123316715 (hereafter “Perfect Gym Go”).

By making use of the Mobile- app, you declare to explicitly agree with these Terms of Use

Perfect Gym Go is the Service Provider of the Mobile-app (hereafter the “Service Provider”). The Service Provider provides its services by providing access to the Mobile-app and granting access to the System on subject to these Terms of Use (hereafter the “Service Provider’s Services”).

The Terms of Use apply to the Mobile-app users (hereafter the “Customers”).

Depending on the context the Customers and the Service Provider will be referred to as “Parties”.

1. Use

1.1 The Professional Client offers its services through the Mobile-app made available by the Service Provider to the Customer by an electronic device equipped with appropriate operating system (hereafter the “System”). The type and scope of the Professional Client’s services offered to the Customer are set out in a separate arrangement between the Professional Client and the Customer.

1.2 The Mobile-app is an electronic access channel through which the Customer gains access to the services offered by the Professional Client thanks to the System provided by the Service Provider

1.3 As part of using the Mobile-app, the Service Provider cooperates with the Professional Clients, which are health, sport or wellness businesses using Perfect Gym Management Software or other Management Software products (hereafter the “Professional Client”).

1.4 A Customer is a member of a health, sport or wellness club.

1.5 As part of using the Mobile-app, the Service Provider allows integration with selected activity-tracking apps and devices in order to help the Customers to track their activities and achievements in the Mobile-app (hereafter the “Partners”). The Service Provider integrates also with various payment providers in order to allow the Customers to enter into transactions with the Professional Clients.

1.6 The Service Provider is not responsible for any content published in the Mobile-app by the Professional Client.

1.7 To use the Mobile-app it is necessary for the Customer to have a mobile device, as well as to connect the mobile device with the Internet.

1.8 The Customer is charged with the costs of the connection to the Internet, pursuant to the agreements concluded by the Customer with the respective telecommunications operators.

1.9 The Service Provider is not liable for any non-performance or improper performance of services by any telecommunications operators with whom the Customer has concluded the agreements mentioned in point 1.8 above.

1.10 In order to gain access to the Mobile-app, it is necessary for the Customer to pass the verification process which is a one-off activity, comprising confirming the email address indicated by the Customer.

1.11 The Service Provider informs that it is not liable for any third parties, that may receive access to the Customers mobile device and read the data that the Service Provider presents to the Customer.

1.12 The Customer may at any time terminate the use of the Mobile-app provided by the Service Provider by permanently removing the Mobile-app from his/her mobile device.

1.13 The Service Provider is entitled to carry out information, promotional and advertising activities in the Mobile-app, including placing advertisements of goods and services in the Mobile-app

2. Age restrictions

2.1 By using the Mobile-app, you represent and warrant that you are 16 years of age or older and that you agree to be bound by these Terms of Use.

2.2 Your access to the Mobile-app may be terminated without warning if Service Provider believes, in its sole discretion, that the Customer is under the age of 16 years

3. Intellectual property

3.1 All intellectual property rights, including in particular copyright and trademark rights in respect of all texts, illustrations, sounds, software and other materials, are covered by the permission for their use granted by the respective owner or are the property of the Service Provider.

3.2 No right, title or interest in any downloaded materials is transferred to the Customer as a result of using the Mobile-app

3.3 Any usage of the Mobile-app other than those permitted by these Terms of Use are expressly prohibited without prior written authorization and shall entail the forfeiture of any license or subscription issued on the basis of these Terms of Use

3.4 The Service Provider reserves the right to suspend the accounts of Customers who have violated the law or applicable regulations.

3.5 Unless it is expressly set forth, nothing in these Terms of Use may be understood as the granting of licenses to intellectual property rights, either implicitly or by conduct.

4. Responsibilities of the Customer

4.1 The Customer agrees to comply with all applicable laws in connection with Customers use of the Mobile-app.

4.2 As a condition of the Customer’s use of the Mobile-app, the Customer warrants that the Mobile-app will not be used for any purposes that are unlawful or prohibited by these Terms of Use.

4.3 All information provided by the Customer in connection with the use of the Mobile-app must be current, complete and accurate.

4.4 By using the Mobile-app, the Customer agrees not to violate or attempt to violate the security of the Mobile-app.

4.5 The Customer may not grant third parties access to the Mobile-app via his/her own registered account.

4.6 If the Customer shares his/her account access with third parties, he/she will be fully responsible and liable for direct and indirect damage resulting thereof.

4.7 The Customer agrees that Service Provider, Professional Clients and Partners save, process and store all the data provided by the Customer, including through the use of the Mobile-app.

4.8 The Customer is responsible for the content published on his/her profile in the Mobile-app.

5. Customer rights

5.1 The Customer has the right to:

• a) request deletion of data by email to the email address dto@perfectgym.com
• b) modify his/her data in the Mobile-app,
• c) set his/her profile as public or private,
• d) set notification preferences,
• e) delete account via email request to the email address dto@perfectgym.com,
• f) disable cookies according to the standard procedure – the Customer may instruct his/her browser, by changing its settings, to decline or delete cookies. If the Customer uses multiple browsers on his/her device, he’s obliged to instruct each browser separately. Customer’s ability to limit cookies is subject to his/her browser settings and limitations
• g) opt-out for analytics (it is possible for the Customer to opt-out of his/her data by using website https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on).

6. Mobile-app access

6.1 The Service Provider will do what is reasonably possible, in accordance with market standards applied for similar services, to ensure that the Mobile-app is always accessible.

6.2 Taking into account paragraph 7.1 the Service Provider shall bear no liability if, for any reason whatsoever, the Mobile-app is temporarily or permanently unavailable.

6.3 Access to the Mobile-app may be temporarily suspended, even without prior notice, if system errors are identified or it is necessary to carry out urgent support or maintenance activities, or for any other reason beyond the reasonable control of the Service Provider.

6.4 Service Provider also reserves the right to interrupt access to the Mobile-app at any time, even without prior notice, due to the violation of these Terms of Use or the Mobile-app provision conditions.

6.5 Service Provider shall be held harmless for any damage or loss, including the loss of data, deriving from the suspension or interruption mentioned in paragraphs above of the Mobile-app.

7. Error notification

7.1 The Customer may notify the Service Provider about the errors in the Mobile-app only for its improvement

7.2 Notification should include the person lodging the error (name, surname, email address), the name of the Professional Client and its health and wellness club, and a description of the event that caused the error.

7.3 The Service Provider is not obliged to respond to the notification mentioned in paragraph 8.2 above.

7.4 The Customer may submit errors regarding the Mobile-app to the email address: help@perfectgymgo.com

8. Privacy Policy

8.1 By agreeing to these Terms of Use, you also consent to the privacy practices, which may be modified as set out in these Terms of Use.

8.2 The Service Provider and Perfect Gym Solutions S.A. with registered seat in Warsaw are Co-Controllers (“Co-Controllers”) of the Customers personal data and process personal date in accordance with the provisions of Regulation (eu) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The Perfect Gym Solutions S.A. as a Co-Controller has appointed the Data Protection Officer who may be contacted by e-mailing at dpo@perfectgym.com.

8.3 The Co-Controllers may use the information it collects in the following ways:

• 8.3.1 to enable the Customer to use the Mobile-app:
• • 8.3.1.1 provide the Mobile-app to the Customer;
  • 8.3.1.2 carry out the Customer’s requests;
  • 8.3.1.3 communicate with Customer about the Mobile-app
  • 8.3.1.4 provide the Customer support, including to process any concerns about Service Provider’s Services
• 8.3.2 To market to the Customer, improve the Service Provider’s Services, and the following additional legitimate business interests:
• • 8.3.2.1 tell the Customer about services, competitions, offers, promotions or special events that the Co-Controllers believes may interest the Customer;
  • 8.3.2.2 tell the Customer about the products and services of the Professional Client and Partners;
  • 8.3.2.3 personalize the Customer’s experience Service Provider’s Services;
  • 8.3.2.4 manage the Co-Controllers’ business, including developing services, conducting consumer and operations research, and assessing the effectiveness of the Co-Controllers’ sales, marketing, and advertising;
  • 8.3.2.5 use analytics and profiling technology to personalize the Customer’s experience, deliver content (including advertising) tailored to the Customer’s interests and how the Customer uses the Service Provider’s Services, manage the Co-Controllers’ business, help diagnose technical and service issues, administer services, identify the Customer of services, identify a device for fraud prevention purposes, gather demographic information about the Customers, and determine usage patterns of the services
  • 8.3.2.6 maintain, manage, and improve the Co-Controllers’ products, offers, promotions, services and other technology;
  • 8.3.2.7 ensure the security of the Co-Controllers’ networks and systems.
• 8.3.3 To comply with applicable law:
• • 8.3.3.1 protect against, identify and prevent fraud and other crime, claims and other liabilities;
  • 8.3.3.2 comply with legal obligations and the Co-Controllers’ policies;
  • 8.3.3.3 establish, exercise or defend a legal claim; and
  • 8.3.3.4 monitor and report compliance issues.
• 8.3.4 With the Customer’s consent (where required by applicable law), the Co-Controllers may use the information it collects for the following purposes:
• • 8.3.4.1 to send the Customer e-mails or text messages about its’ products and services, competitions, offers, promotions or special events that the Co-Controllers believes may interest the Customer;
  • 8.3.4.2 to send the Customer e-mails or text messages about the products and services of the Professional Client and the Partners;
  • 8.3.4.3 provide location-based services;
  • 8.3.4.4 deploy cookies and similar technologies; and provide online services to you, which includes the Mobile-app,

8.4 The Customer can disable notifications, including commercial notifications in the app settings.

8.5 The personal data of the verified Customers is entrusted by the Co-Controllers’ to its Professional Clients and Partners to the extent necessary to provide the Service Provider’s Services.

8.6 In order to use Mobile-app by the Customers it is necessary to collect their personal data, which may include:

• a) first and last name,
• b) date of birth,
• c) gender,
• d) phone number,
• e) email address,
• f) photo,
• g) workout history – these data is on servers of Partners and their display in Service Provider Mobile-app is preceded by an additional consent, which the Customer expresses when he/she connects to Perfect Gym Go app
• h) club visits,
• i) class attendance,
• j) data regarding payments and credit cards,
• k) location data i.e. GPS and Bluetooth.

8.7 If the Customer consent is obtained, his/her personal data may be processed by the Co-Controllers and its partners also for the purpose of sending commercial information and push notifications by email to email address or telephone number indicated by the Customer

8.8 The personal data indicated in paragraph 9.6 are archived for a period of 5 years after last use of the Service Provider’s Services by the Customer.

8.9 Each Customer has the right to:

• 8.9.1 access their personal data, correct it, supplement it
• 8.9.2 request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• 8.9.3 transmit personal data;
• 8.9.4 withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
• 8.9.5 lodge a complaint with a supervisory authority, appropriate for the place of residence of the Customer (for example: Office for the protection of personal data located on Stawki 2 street in Warsaw, Poland);
• 8.9.6 obtain any available information as to their source (where the personal data are not collected from the data subject);
• 8.9.7 request the erasure of the personal data concerning him or her, where one of the following grounds applies:
  • 8.9.7.1 the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • 8.9.7.2 the Customer withdraws consent on which the processing is based and where there is no other legal ground for the processing;
  • 8.9.7.3 the Customer objects to the processing;
  • 8.9.7.4 the personal data have been unlawfully processed;
  • 8.9.7.5 the personal data must erased for compliance with a legal obligation in the Union or Member State law to which the Co-Controllers are subjects.

8.10 The data subject shall have the right to transmit the personal data concerning him or her, which he/she has provided to the Co-Controllers, as well as the right to request the restriction of processing, which means the imposing of a temporary limitation of the data processing.

8.11 Where personal data are processed for direct marketing purposes by the Co-Controllers’, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing.

8.12 Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards, relating to the transfer

8.13 The Co-Controllers shall provide a copy of the personal data undergoing processing. The right to obtain a copy of the personal data abovementioned shall not adversely affect the rights and freedoms of others

8.14 In order to enforce the aforementioned rights, the Customer must contact the Perfect Gym Solutions S.A. who is a Co-Controller responsible for Customer’s rights enforcement in writing or by using the tools available in Mobile-app. The Customer can contact the Perfect Gym Solutions S.A. via the following email address: dpo@perfectgym.com

8.15 In the event of deletion of data conditioning the use of Mobile-app, the Customer will lose the ability to use the Mobile-app.

8.16 Personal data is collected in order to enable Customers to use the Mobile-app

8.17 Providing personal data is voluntary, but necessary for the proper use of the Mobile-app

9. Modification of the Terms of Use

9.1 The Service Provider reserves the right to change these Terms of Use at any time

9.2 After such modification the changed Terms of Use will be made available on the Mobile-app for immediate review by the Customer.

9.3 All modifications shall be effective upon posting.

9.4 By using the Mobile-app after changes to the Terms of Use, the Customer declares to agree to new Terms of Use.

10. Final provisions

10.1 Customers, who use the Mobile-app, are required to comply with the law and the rules of social conduct.

10.2 It is forbidden to use the Mobile-app by the Customers in a manner contrary to the law, good practices or infringing the legitimate interests of the Service Provider.

10.3 The Service Provider reserves the right to withdraw or modify functionalities of the Mobile-app, for legal or technical reasons, including for reasons of privacy and data protection, and the Customers will be informed of this fact with proper advance

10.4 The Service Provider reserves the right to suspend the provision of the services due to the need to remove the threat, maintenance, review, modification or extension of the technical infrastructure of the Mobile-app. If it does not violate Customers rights

10.5 The Service Provider provides access to the Terms of Use directly in the Website and via the Mobile-app

10.6 Recognition of individual provisions of these Terms of Use in a manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provision of the Terms of Use.

10.7 With respect to these Terms of Use, the laws applicable to the place of the Customer shall apply accordingly.

10.8 Any disputes arising between the Service Provider and the Customer shall be subject to the courts competent for the registered office of the Service Provider.

10.9 The Customer bears full responsibility for breaking the law or damage caused by his/her actions while using Mobile-app, in particular for providing false data, disclosing confidential information, violation of personal rights or copyrights and related rights.

10.10 Access to these Terms of Use is provided free of charge.

10.11 Terms of Use come into force on 29.10.2018.