Sportovia

SPORTOVIA.COM WEBSITE COOKIE POLICY

PREAMBLE

The adoption of a procedure for obtaining the User's consent to the use of cookies results from the revision of the Telecommunications Law Act of 16 July 2004. The revision is based on the general guidelines set forth by the European Parliament. However, individual European Union member states have introduced detailed secondary legislation at the national level. In wishing to provide Users with top-quality services, the SPORTOVIA.COM website hereby introduces the present Cookie Policy.

§ 1. INTRODUCTORY PROVISIONS

1. The SPORTOVIA.COM website and the applications, software and services available thereon have been created in order to promote a healthy lifestyle and offer services and functionalities which may be helpful in achieving your sports goals, as well as maintaining a proper, healthy diet. The SPORTOVIA.COM website has been designed for users who are at least 13 years of age.
2. The present document, entitled "SPORTOVIA.COM Website Cookie Policy", sets out the terms and conditions of use of Cookies by the SPORTOVIA.COM website, as well as the rights and obligations of the Website Owner and the User related thereto.
3. The SPORTOVIA.COM website is operated by:
SPORTOVIA spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (address: ul. Poznańska 62/21, 60-853 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register, entry No. KRS 0000441147 (court of registration: District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Department for Business Affairs of the National Court Register); share capital: PLN 5,000.00, NIP [Tax Identification No.]: PL 7811881765, REGON [Statistical Business No.]: 302282275, operating under the law of the Republic of Poland.

§ 2. DEFINITIONS

The following terms used in the present "SPORTOVIA.COM Website Cookie Policy" shall have the meanings defined below:
1. Website – the SPORTOVIA.COM website operating at http://sportovia.com.
2. Application – a smart IT tool enabling the use of a platform for the implementation of individual training plans, designed to support Athletes and Coaches of different amateur or semi-professional sports, which is commercially marketed under the trade names: "Sportovia" and "Sportovia Coach", also in combination with the Diet Module of the Application.
3. Module – functional components of the Application bearing the trade names "Sportovia" and "Sportovia Coach", as well as the Diet Module of the Application, designed for creating training plans and training plans combined with optimal diet (nutrition) plans, taking into account the individual parameters specified by the User and their current training and diet cycle.
4. Sportovia – a Module of the Application, i.e. its functional component intended for use by Users who are not Coaches.
5. Sportovia Coach – a Module of the Application, i.e. its functional component intended for use by Application Users who are Coaches.
6. Diet Module – a Module of the Application, i.e. its functional component intended for use by Users who are not Coaches, enabling them to create diet (nutrition) plans, taking into account the individual parameters specified by them.
7. Software – the software used or provided by the Website Owner to ensure the proper operation of the Website. The Software is part of the Application.
8. Services – those services and functionalities which may be used by the User as part of the operation of the Website, Application and Software.
9. Terms and Conditions – a document setting out the terms and conditions of operation and use of the Website, Application, Software and Services, as well as the rights, obligations and responsibilities of the User and the Website Owner. The Terms and Conditions are available at www.sportovia.com/terms.
10. Privacy Policy – a document which, in particular, explains what personal data of the Users are collected by the Website, and sets out the terms and conditions of the processing of personal data, i.e., in particular, the terms and conditions and the purpose of their collection, storage and use, and which specifies the administrator of the data. The Privacy Policy is available at www.sportovia.com/policy.
11. SPORTOVIA.COM Website Cookie Policy or Cookie Policy – the present information document, specifying the manner, scope and purpose of storing, accessing, and processing, by the Website Owner, of the information stored automatically in the form of small text and numerical files ("cookies") on the telecommunications terminal equipment of the User as part of their use of the functionalities of the Website, Application, Software and Services, as well as setting out the rights and obligations of the User arising out of, or related to, the use of cookies by the Website.
12. Website Owner or Owner – the entity which has exclusive rights to the Website, Services, Application (including its individual Modules), and Software. The Website is owned by SPORTOVIA spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań (address: ul. Poznańska 62/21, 60-853 Poznań, Poland), entered into the Register of Entrepreneurs of the National Court Register, entry No. KRS 0000441147 (court of registration: District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Department for Business Affairs of the National Court Register); share capital: PLN 5,000.00, NIP [Tax Identification No.]: PL 7811881765, REGON [Statistical Business No.]: 302282275.
13. Administrator – a natural person acting on behalf of the Website Owner, who is responsible for the proper operation of the Website, Application, Services and Software, and is authorized to take any factual and legal actions necessary to ensure the proper operation of the Website, Application, Services and Software on behalf of the Website Owner. The Administrator's e-mail address is: mobile@sportovia.com.
14. User – a natural person who is at least 13 (thirteen) years of age, has registered on the Website by creating an Account, has accepted the Terms and Conditions, Privacy Policy, and Cookie Policy, and has the possibility to use the Website, Services, Application or Software. For the purposes of the present Cookie Policy, any person who has not performed the activities referred to in the preceding sentence, but has started using the resources of the Website, and, in particular, browsing the Website, is also a User.
15. Coach – a User who uses the "Sportovia Coach" Application Module and supervises the preparation of an Athlete or Team for training, or helps them create a diet plan. A Coach may also be an Athlete.
16. Athlete – a User who uses the "Sportovia" Application Module. An Athlete may also be a Coach.
17. Team – a group consisting of more than one Athlete.
18. Team Administrator – an Athlete who has appointed a Team and administers it.
19. Account – a database containing information about the User, and, in particular, the identification data of the User, enabling the User to use the Website, Services, Application and Software. The Account also includes all the data, works, and, in particular, image, materials, studies, locations, information or comments posted by the User on the Website. The Account is created and maintained free of charge, however, full access to certain functionalities of the Website, Application Modules, Services or Software may be subject to an appropriate fee, as described in the Terms and Conditions.
20. Store – jointly and separately – official channels of commercial distribution of the Application for the iOS, Android and Windows Phone operating systems (as of the date of the present Terms and Conditions, these are: Apple App Store, Google Play and Windows Phone Store).
21. Avatar – a graphic symbol which identifies the User.
22. Terminal Equipment – telecommunications terminal equipment within the meaning of the Telecommunications Law Act of 16 July 2004 (Journal of Laws of 2004, No. 171, Item 1800, as amended), used by the User to benefit from the services of the Website via the Internet. The telecommunications terminal equipment shall mean, in particular, a personal computer, laptop, or so-called mobile device (e.g. smartphone or tablet computer), which is connected to the Internet, either directly or indirectly.
23. Cookies – computer data in the form of small text and numerical files, called cookies, sent by the Website and stored on the Terminal Equipment used by the User for browsing the Website or using the Application. Cookies consist of a series of letters and numbers, in which, generally, two different types of information are stored, i.e. the information which is essential and necessary for the User to be able to use the services of the Website, including the Application, and other information improving the functionality of the Website, including the Application, and making it possible to customize the services of the Website, including the Application, to the personal preferences of the User – so-called personalization of services. Cookies allow the Website to recognize the Terminal Equipment of the User and customize each page of the Website or functionality of the Application to their individual preferences, e.g. by remembering the User's username and password during a given session on each page of the Website visited by the User, or remembering the content of filled-out forms. Cookies are generally used to acquire information about the User's preferences, which are communicated by means of the exchange of information with the User's Terminal Equipment, however, within the framework of the operation of the Website, including the Application, they can also be used to identify the personal data of the User who is logged on to the Website, including the Application. Cookies typically contain the name of the website from which they originate, storage time on the Terminal Equipment and a unique reference number. Cookies allow websites, among other things, to remember the User's preferences, and based on such data – personalize the content and ads displayed. Moreover, Cookies make it possible to register products or services, or vote in online polls. They also allow websites to recognize the User’s Terminal Equipment and to display web pages tailored to the individual preferences of the User.
24. The Use of Cookies or the Use – sending and storing Cookies by the Website on the Terminal Equipment used by the User for browsing the Website or using the Application, as well as accessing the Cookies previously stored on the User's Terminal Equipment by the Website during the subsequent use of the Website, including the Application, by the User. Cookies are used continuously during the User's use of the services of the Website, including the Application, which means that the Website sends, stores and accesses the Cookies stored on the User's Terminal Equipment in a manner which causes continuous updating of the information obtained from the Terminal Equipment by sending new Cookies, as well as by updating or deleting the Cookies previously placed on the Terminal Equipment. The Website Owner is the User of Cookies.

§ 3. BASIC TYPES OF COOKIES

1. Cookie types have not been classified or defined in generally applicable laws. However, Cookies may be classified according to their features, functions and characteristic parameters.
2. Generally speaking, the following types of Cookies can be distinguished:
a) Session Cookies – temporary Cookies stored in the web browser installed on the User's Terminal Equipment from the moment the User starts using the services of the Website, including the Application, via a web browser, until the end of a given browser session, that is, until the session is closed. The User's consent to the use of Session Cookies by the Website is necessary for certain applications or functionalities of the Website to operate properly;
b) Persistent Cookies – sometimes referred to as “tracking cookies” – these are Cookies which, unlike Session Cookies, remain stored in the web browser installed on the User's Terminal Equipment also after closing the browser session. Persistent Cookies allow the transmission of information from the User's Terminal Equipment to the Website server whenever a web page of the Website is visited. The period of storing Persistent Cookies on the Terminal Equipment may be limited and depends on the settings used by the Administrator or the Website Owner. The length of the storing period can also be adjusted by the User by configuring the settings of the web browser installed on the Terminal Equipment. Persistent Cookies, among others things, increase the functionality of the services offered by the Website, including the Application, e.g. by remembering the resolution selected by the User, the content of previously filled-out forms, etc.;
c) First-Party Cookies – Cookies placed on the Terminal Equipment of the User directly by the Website Owner using the appropriate settings of the Software used for the operation of the Website;
d) Third-Party Cookies – Cookies originating from entities which, for their activity, use servers other than the server used by the Website or entities which use the same server as the Website, other than the Website Owner, such as e.g. advertising companies or service providers (e.g. of search services) cooperating with the Website Owner or dependent on them, the components of which appear on the Website as a result of the activity of the Website Owner or the Administrator, or, in extreme cases, as a result of their unauthorized placement on the Website. Third-Party Cookies may be used, among others things, to tailor the content of advertising to the personal preferences of the User, or to evaluate the effectiveness of advertising (e.g. by automatically counting the number of clicks on an ad link).
e) Strictly Necessary Cookies – Cookies the Use of which as part of the operation of the Website, including the Application, is essential for the proper use of the Website, including the Application, or the functionalities thereof.
f) Functionality Cookies – Cookies the use of which as part of the operation of the Website is not essential for the proper use of the Website, the Application, or the functionalities thereof, which, however, are important for the use of the Website or the Application due to the fact that they enhance their functionality (e.g. by personalizing the services of the Website to the individual preferences of the User). Disabling Functionality Cookies may block the User's access to certain functionalities of the services offered by the Website, also via the Application, or completely prevent the use of certain services offered by the Website, including the ones used by the Application.

§ 4. THE PURPOSE OF USING COOKIES

The Website uses Cookies in order to adapt the services offered by the Website, including the Application, to the User’s needs in the fullest and best way possible, and to facilitate the use of the functionalities of the services offered by the Website, including the Application. Cookies are Used for the following specific purposes:
1. Collecting, storing, analyzing, using and processing statistical data related to the Website, including the Application, such as, e.g., the number of visits, the frequency of viewing particular pages and content of the Website, including the Application, testing the efficiency of the operation of the Website, including the Application, with possible personal identification of the User.
2. Adapting the content of particular pages of the Website or functionalities of the Application to the individual preferences of the User, by remembering, accessing and using the information on the personalized settings, parameters, content and preferences of the User connected with the use of the Website, including the Application, stored on the Terminal Equipment.
3. Adjusting the settings and parameters of the various functions and services offered by the Website, including the Application.
4. Informing the Website about the current Website/Application status of the User (i.e. logged in / logged out), and providing the User with the relevant information related thereto.
5. Storing and accessing information on the personal preferences of the User connected with the use of the Website, including the Application.
6. Saving, accessing and restoring the information previously used by the User on the Website and via the Application, e.g. remembering, and subsequently suggesting, the content of the forms available on the Website.
7. Providing the User with advertising content better tailored to their individual needs, interests and preferences.
8. Adapting the information displayed on the Website and via the Application to the current location of the User.
9. Better understanding the individual preferences, tastes and needs of the User, analyzing and processing the said data and improving the services offered by the Website on the basis thereon.
10. Preventing the abuse of the services offered by the Website, including the Application.

§ 5. LIMITED OPERATION OF THE WEBSITE

1. In order to be able to use the Website, the User is required to posses a device enabling Internet access and data transmission (e.g. a desktop computer, laptop, smartphone, or tablet computer), complete with an Internet browser accepting Cookies and e-mail accounts (with the exception of so-called temporary e-mail addresses). If the User uses a mobile device (e.g. a smartphone or tablet computer), this device should be equipped with any of the following operating systems: iOS version 7.0 or newer, Android, version 10 or newer, Windows Phone version 7.0 or newer. The use of viruses, bots, worms or other computer codes, files or programs (in particular those which automate the processes of scripts and applications as well as of other codes, files or tools) within the framework of the Website or Application is prohibited.
2. In order to be able to use the functionalities of the Website, including those of the Application, the User must give their consent to the Use of Cookies by the Website, covering all types of Cookies Used by the Website. In the absence of the User's consent to the use of Cookies by the Website as described in the preceding sentence, the User may not be able to use the functionalities of the Website, including the Application, at all, or not be able to use some of the functionalities of the Website, including the Application.
3. The Cookies used by the Website are not harmful to the User's Terminal Equipment and the User's data stored thereon, nor do they change the configuration of the User's Terminal Equipment and the software installed thereon. Therefore, to ensure the full functionality of the Website, the Website Owner recommends that the Users do not disable Cookies in the browsers installed on their Terminal Equipment.

§ 6. HOW COOKIES ARE USED

1. In the course of using the Website (browsing the Website), including the Application, by the User, the Website automatically sends and stores Cookies on the User's Terminal Equipment. The next time the User uses the services offered by the Website, including the Application, the Website accesses the Cookies previously stored on the User's Terminal Equipment.
2. Cookies are used continuously and dynamically, which means that in the course of the User's use of the Website, including the Application, the Website can send, store and access Cookies stored on the User's Terminal Equipment in a manner that causes continuous updating of the information stored on and sourced from the User's Terminal Equipment by sending new Cookies, as well as by updating, modifying, processing or deleting the Cookies previously installed on the Terminal Equipment.
3. The Website Owner is the User of Cookies.
4. Cookies can be used to determine the current location of the User’s Terminal Equipment. As a rule, such information does not make it possible to identify the personal data of a specific User. However, in the case of Users logged on to the Website, including the Application, such information may help to identify their personal data.
5. Any personal data collected by the Administrator or the Website Owner with the use of Cookies may only be used for the purpose of performing certain functions for the benefit of the User. Such data are encrypted to prevent unauthorized access from third parties and are processed in accordance with the Terms and Conditions and the Privacy Policy.
6. Cookies may be generated by the Website Administrator with the use of scripts or components found on servers used by entities other than the Website Owner, located outside the territory of the Republic of Poland, i.e. in another country, and may be subject to the laws of a foreign country. Should this be the case, such Cookies may be governed by different standards and regulations on the use of Cookies than the ones described in the present Cookie Policy.
7. The Administrator and the Website Owner shall not be liable for the consequences of the use of Cookies coming from entities other than the Website Owner or the Administrator, as well as for the content of such Cookies, even if the links to other websites using such Cookies are available on the Website.
8. The Website also uses standard web server log files to count visitors to the Website and assess technical capabilities. The information thus collected is used to count the number of people visiting the Website, arrange the pages of the Website in the most user-friendly way and make the Website simpler and easier to use. The data which are collected this way, i.e. automatically, can neither be changed nor deleted.

§ 7. THE USER'S CONSENT TO THE USE OF COOKIES

1. The User is free to determine the terms and conditions of the Use of Cookies by the Website, including the Application, at any time, by configuring the settings of the software used for browsing the Internet (i.e. web browser).
2. In most cases, the software for browsing the Internet (i.e. web browser) available to the User allows the use of Cookies on the Terminal Equipment of the User as default, which means that in such a situation the User's consent to the use of Cookies is implied (expressed automatically). In the case described in the preceding sentence, it is presumed that the User consents to the use of Cookies as long as they do not change the settings of the software for browsing the Internet (i.e. web browser).
3. If the settings of the software for browsing the Internet (i.e. web browser) do not allow the Use of Cookies on the User's Terminal Equipment, the User may consent to the Use of Cookies by changing the settings in a way allowing the Use of Cookies on the Terminal Equipment.
4. In most cases, the settings of the software for browsing the Internet (i.e. web browser) can be freely changed by the User at any time in such a way as to block the automatic servicing of the Use of Cookies or notify the User whenever the Cookies Used are sent to the User's Terminal Equipment. Moreover, most popular web browsers allow the User to use the function for removing Cookies from the Terminal Equipment on which they are stored.
5. In the event of the User's initial consent to the Use of Cookies (including the implied consent, referred to in § 7, Section 2 hereof) and their subsequent revocation of this consent, the User will have to delete the Cookies previously stored on the Terminal Equipment on their own for technical and technological reasons.
6. Detailed information on the possibilities and methods of configuring the Cookie settings is usually available under the "Settings" tab of the software used for browsing the Internet (i.e. web browser).

§ 8. FINAL PROVISIONS

1. The Cookie Policy is available at www.sportovia.com/cookies. The Cookie Policy is made available to the User in a downloadable, recordable, storable, and, in particular, printable format. The Cookie Policy is made available to all visitors to the Website upon entering the Website, and its main provisions are displayed constantly until the visitor declares that they understand and accept its content.
2. The Website Owner reserves the right to unilaterally amend the Cookie Policy at any time for reasons related to the modification of the operation of the Website, Application, Services or Software, and, in particular, related to the modification, development, enhancement or improvement of the quality of the Website, Application, Software or Services, as well as for reasons related to the obligation to abide by the law and adapt the operation of the Website, Application, Services or Software to the provisions of applicable laws. Any amendment to the Cookie Policy shall be made in compliance with the procedure for notifying the User of the new content of the Cookie Policy.
3. The User shall be notified of all amendments to the Cookie Policy via a notification displayed on the Website. Moreover, a User holding an Account shall be notified via the Website or the Application, by means of a relevant notice posted in the User's Account or by means of a relevant e-mail sent to the User, containing the new content or a link to the new content of the Cookie Policy. After each amendment to the Cookie Policy, the User shall be requested to give their consent to the Use of Cookies by the Website in accordance with the amended terms. Until the User's consent has been obtained, the Website shall not Use Cookies at all, which may hinder the use of the services offered by the Website. The User's failure to consent to the Use of Cookies may hinder their use of the services offered by the Website.
4. The provisions of § 8, Section 3, sentence three hereof shall not apply to Users who have given their implied consent to the Use of Cookies, referred to in § 7, Section 2 hereof.
5. Should any of the provisions of the Cookie Policy be revoked by the Court, all other provisions shall remain in force.
6. The Website Owner reserves the right to shut down the Website in a manner ensuring the fullest respect for the rights acquired by the Users.
7. The Cookie Policy applies exclusively to the Cookies Used within the framework of and for the purpose of the operation of the Website, and generated by the Software used directly and personally by the Website Owner, or at their explicit request.
8. The Website, Terms and Conditions, Privacy Policy, Cookie Policy, and the use of the Application, Services or Software shall be governed by the provisions of applicable laws.

§ 9. ENTRY INTO FORCE OF THE COOKIE POLICY

The Cookie Policy shall enter into force on 1 April 2014.