Sportovia

SPORTOVIA.COM WEBSITE PRIVACY POLICY

PREAMBLE

The following terms used in the present Privacy 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. Whenever the term “Website” appears in this document, it should be understood to also include 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 – the present 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.
11. Cookie Policy – an 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 terminal equipment of the User as part of their use of the functionalities of the Website, 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. The Cookie Policy is available at www.sportovia.com/terms.
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.
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.

§ 2. PERSONAL DATA

1. The Website Owner shall protect the personal data provided by the User, in particular, against unauthorized access. The Website Owner is the administrator of Users' personal data within the meaning of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, Item 926, as amended).
2. The Website Owner shall ensure that all Users can exercise their rights resulting under generally applicable laws, including, inter alia:
a) the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No. 101, Item 926, as amended), and, in particular, the right to demand supplementation, update or correction of personal data, temporary or permanent cessation of their processing, or their deletion if they are incomplete, outdated or false, if they have been collected in violation of the said Act, or if they are no longer required for the purpose for which they have been collected, the right to demand access to own personal data, and the right to object in cases specified in the provisions of the said Act;
b) the Electronic Services Act of 18 July 2002 (consolidated text: Journal of Laws of 2013, Item 1422, as amended);
c) the Telecommunications Law Act of 16 July 2004 (consolidated text: Journal of Laws of 2014, Item 243, as amended), in particular, by notifying the User of: the fact of storing information or accessing information already stored on the telecommunications terminal equipment of the User; the purpose of storing such information and accessing them by the Website Owner; the User's possibility to determine the terms and conditions of storing and accessing such information by configuring the settings of the software installed on the User's telecommunications terminal equipment, or by configuring the service; the fact that storing or accessing information does not change the configuration of the User's telecommunications terminal equipment and the software installed thereon; the User's possibility to consent to the storage and obtaining of information from the telecommunications terminal equipment by configuring the settings of the software installed on the telecommunications terminal equipment, or configuring the service.
3. Subject to § 2, Section 7 hereof, the Website Owner shall not provide or reveal to unauthorized third parties (in particular, advertisers) any personal data stored in the personal data database of the Website. The said information shall be disclosed at the request of the competent state authorities only, in particular, once appropriate documents confirming the need for such data for the purpose of conducting proceedings have been submitted. Notwithstanding the foregoing, if the User takes part in competitions organized by the Website Owner, or uses paid services or products (if offered), their personal data may be used for the purpose of financial settlement and settling any disputes related thereto.
4. The Website Owner may use the data related to accessing the Internet, contained in so-called system logs, and, in particular, IP addresses, for technical purposes related to server administration, and for the purpose of collecting general and statistical demographic data.
5. Subject to § 2, Section 6 and § 2, Section 7 hereof, the Website Owner, i.e. 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, is the recipient of the personal data submitted to the Website by the User.
6. Subject to § 2, Section 7 hereof, only the User shall have access, via the Website or the Application, to the content posted by them in their Account, such as, e.g., schedules of training or competitions, and meals. The User can also make such content available to other Users. All Users who are members of a given Team, and the Coaches of the Team, may access the content posted by the User on the Team's Profile. All Users can access the content posted by the User on discussion forums on the Website.
7. The data listed below are publicly displayed on the User's Profile on the Website, which is assigned to the Account. The said data are narrowed down or expanded, depending on the status of another User accessing them:
a) An Athlete as seen by unrelated Athletes: first name, last name, location (country/city/town), photo;
b) An Athlete as seen by a Coach: first name, last name, location (country/city/town), photo; sex, date of birth, height, weight, lifestyle, daily calorie needs (kcal/day), minimum heart rate, maximum heart rate, heart rate training zones, and – after establishing cooperation – a complete history of training and meals;
c) A Coach as seen by an Athlete: first name, last name, location (country/city/town), photo; languages spoken, age, rating, sex, coached disciplines, prices, biography (e.g. information on education, sporting career, professional experience, coaching achievements, etc.);
d) A Team: the information displayed on a Team's profile can be seen by all Athletes who are members of the Team and by the Coaches of the Team. However, individual Athletes who are members of the Team can communicate directly with their Coach, without revealing the content of the exchanged information to other Athletes or Users.
The User may also publicize their other data, in accordance with the functionality of the User's profile.
8. When creating an Account (registering) on the Website or changing the Account’s profile, the User is required to provide the following personal data:
a) Athlete:
- username/e-mail address and password,
- first name, last name;
b) Coach:
- username /e-mail address and password,
- first name, last name,
- location (country/city/town),
- sex,
- date of birth,
- languages spoken,
- disciplines coached,
- prices,
- biography (e.g. information on education, sporting career, professional experience, coaching achievements, etc.).
9. When creating an Account (registering) on the Website, the User may voluntarily provide other personal data not listed in § 2, Section 8 hereof.
10. The Website Owner can process the following data, describing the way of using the Website by the User (so-called operational data):
a) symbols identifying the User, assigned on the basis of the data referred to in § 2, Sections 8 and 9 hereof;
b) symbols identifying the telecommunications network terminal or ICT system used by the User;
c) information on the start, end and scope of each use of electronic services (the Website) by the User;
d) information on the use of electronic services (the Website) by the User.
11. All data disclosed to us, including personal data, is protected by SSL (Secure Socket Layer) encryption. Pursuant to the Privacy Protection Act of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926, as amended) and to the Act of July 18, 2002 (Journal of Laws of 2013, item 1422, as amended), we protect all collected data against unauthorized third-party access.
12. The User has the right to access their personal data and correct them.
13. The personal data entered by the User in the registration form shall be used by the Website Owner to conclude, formulate, amend, execute, terminate or withdraw from the agreement for the provision of electronic services.
14. The personal data entered by the User in the registration form, or otherwise provided to the Website Owner, can also be used for the purpose of advertising and researching the market and the behavior and preferences of service users (the Users). The results of such research shall be used for improving the quality of the services provided by the Website Owner, direct marketing of the Website Owner's products or services, or pursuing claims arising from the business activity, in accordance with the provisions of applicable laws.

§ 3. COMMERCIAL INFORMATION

1. The Website Owner reserves the right to send the User unsolicited messages containing information directly related to the operation of the Website (e.g. changes in operation) or system messages (e.g. messages concerning the interruptions in the operation of the Website). The information referred to in § 3, Section 1, sentence one hereof is not of a commercial nature and may only be sent to the User in order to inform them about the technical issues related to the operation of the Website or about the new functionalities available to the User in their Account.
2. Commercial information related to the activities of the Website Owner may be sent to the User electronically only with the prior consent of the User, pursuant to Article 10 of the Electronic Services Act of 18 July 2002 (consolidated text: Journal of Laws of 2013, Item 1422, as amended) or other applicable laws. Such consent shall be revocable.

§ 4. USERNAME (LOGIN) AND PASSWORD

1. The Website Owner uses technical and organizational measures to ensure the best possible protection of the User’s personal data against unauthorized access or misuse. The technical measures used are upgraded with the development of technology, needs, and available protection methods.
2. The User shall be responsible for maintaining the confidentiality of data such as their password and username (login/e-mail address). The Website Owner recommends that the User select a password which cannot be easily guessed on the basis of their personal data (such as date of birth, PESEL number or phone number).

§ 5. DELETING THE ACCOUNT

1. The agreement for the provision of electronic services may be terminated by the User voluntarily at any time by sending an e-mail to the following address: mobile@sportovia.com, or by selecting the appropriate option under 'User Settings' in the User's Account. Upon the termination of the agreement for the provision of electronic services, the Account shall be deleted.
2. The personal data of the Users whose Accounts have been deleted are no longer processed by the Website Owner, except as indicated in § 5, Section 3 hereof.
3. Pursuant to the Electronic Services Act of 18 July 2002 (consolidated text: Journal of Laws of 2013, Item 1422, as amended), once the User has stopped using the electronic services provided by the Website Owner, the Website Owner may only process the personal data of the User which:
a) are necessary for the financial settlement of services and pursuit of claims;
b) are necessary for the purpose of advertising and researching the market and the behavior and preferences of service users (the Users). The results of such research shall be used for improving the quality of the services provided by the Website Owner, and such data shall be made anonymous, i.e. any symbols identifying the User or the telecommunications network terminal or ICT system used by User shall be deleted, unless the User has given prior consent to leaving such symbols undeleted;
c) are necessary for the purpose of clarifying the circumstances of unauthorized use of the service (the Website or the Application) – in the event the Website Owner is notified of the User's use of electronic services (the Website or the Application) in a breach of the Terms and Conditions, Privacy Policy or applicable laws (unauthorized use), they may process the User's personal data to the extent necessary to determine the User’s liability, provided that the Website Owner records the fact of receiving such a notification, along with its content, for evidence purposes;
d) are approved for processing under other laws.

§ 6. SOCIAL AND MARKET RESEARCH

1. The Website Owner may use the Website to carry out various social and market research (and, in particular, surveys).
2. The User's participation in social and market research is voluntary.
3. In the event that the User consents to taking part in social and market research, the data (in the form of answers) obtained therefrom shall be used to develop anonymous survey results, and to publish them on the Website, the Internet or in printed publications.
4. The social and market research shall be designed by the Website Owner in such a way as to ensure the safety and anonymity of the User.

§ 7. FINAL PROVISIONS

1. The Privacy Policy is available at www.sportovia.com/terms. The Privacy Policy is made available to the User prior to the conclusion of the agreement for the provision of electronic services, in a downloadable, recordable, storable, and, in particular, printable format.
2. The services and functions within the framework of the Website and the Application will be expanded over time, which can lead to the amendment of the Privacy Policy. The Website Owner reserves the right to unilaterally amend the Privacy Policy for reasons related to the improvement of the operation of the Website, including the Application, and, in particular, related to the development, enhancement or improvement of the quality of the services delivered via the Website, as well as for reasons related to the obligation to abide by the law and adapt the operation of the Website to applicable laws.
3. Any amendment to the Privacy Policy shall be made in compliance with the procedure for amending the content of the Terms and Conditions, described in detail in the Terms and Conditions.
4. 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 generally applicable laws.
5. Any matters not addressed in the Privacy Policy shall be governed by the provisions of the Terms and Conditions, Cookie Policy and generally applicable laws.

§ 8. ENTRY INTO FORCE OF THE PRIVACY POLICY

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