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Privacy policy

PRIVACY AND COOKIES POLICY OF THE WEBSITE WWW.HMS-FITNESS.COM

§ 1 GENERAL PROVISIONS

  1. The administrator of the personal data collected via the www.hms-fitness.com website is ABISAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS number: 0000156535, place of business and address for service: ul. Pyskowicka 17, 41-807 Zabrze, NIP: 6260000945, REGON: 278046896, electronic mail address (e-mail): abisal@abisal.pl, telephone number: +48 32 307 07 91, hereinafter referred to as "Administrator".
  2. Personal data collected by the Administrator through the website are processed in accordance with 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), hereinafter referred to as RODO, and the Act of 10 May 2018. on the Protection of Personal Data, as well as with Article 173 of the Act of 16 July 2004. Telecommunications Law.
  3. Any words or expressions capitalized in the content of this Privacy Policy shall be understood in accordance with their definition in the Regulations of the Online Shop www.hms-fitness.com.

 

§ 2 TYPE OF PROCESSED PERSONAL DATA, PURPOSE AND SCOPE OF DATA COLLECTION

  1. PURPOSE OF PROCESSING AND LEGAL BASIS The Administrator processes the personal data of the Service Recipients of the www.hms-fitness.com website in the case of:
    1. use of the Contact Form in order to send a message to the Service Provider, on the basis of Article 6(1)(f) of the RODO (legitimate business interest),
    2. to subscribe to the Newsletter in order to send commercial information electronically. Personal data is processed upon separate consent, on the basis of Article 6(1)(a) RODO,
    3. use of the Complaint Form in order to send a message to the Service Provider, on the basis of Article 6(1)(b) RODO (performance of a contract),
    4. the use of the Feedback System in order to send a message to the Service Provider, on the basis of Article 6(1)(f) RODO (legitimate business interest).
  2. TYPE OF PERSONAL DATA PROCESSED The Service Recipient provides, in the case of:
    1. Contact Form: name and surname, email address, telephone number,
    2. Newsletter: e-mail address,
    3. Complaint Form: name, e-mail address, telephone number, address,
    4. Rating System: name and surname.
  3. PERIOD OF PERSONAL DATA ARCHIVING. The personal data of the Service Recipients is stored by the Administrator:
    1. where the basis of data processing is the performance of a contract, for as long as it is necessary for the performance of the contract, and thereafter for a period corresponding to the period of limitation of claims. Unless otherwise provided by a specific provision, the period of limitation shall be six years, and for periodic performance claims and claims related to the running of a business, three years,
    2. where data processing is based on consent, for as long as the consent is not revoked, and after revocation of the consent, for a period of time corresponding to the period of limitation of claims which the Administrator may raise and which may be raised against them. Unless a specific provision provides otherwise, the period of limitation shall be six years, and for claims for periodic benefits and claims related to the conduct of business activity - three years.
  4. When using the website, additional information may be collected, in particular: the IP address assigned to the Customer's computer or the external IP address of the Internet provider, domain name, browser type, access time, operating system type.
  5. Upon separate consent, pursuant to Art. 6 (1) (a) RODO, the data may also be processed in order to send commercial information by electronic means or to make telephone calls for the purpose of direct marketing - respectively in connection with Art. 10(2) of the Act of 18 July 2002 on the provision of services by electronic means or Article 172(1) of the Act of 16 July 2004 - Telecommunications Law, including those directed as a result of profiling, provided that the Customer has given the appropriate consent.
  6. Navigation data may also be collected from Service Recipients, including information about the links and references they choose to click on or other actions taken on the website. The legal basis for such activities is the Administrator's legitimate interest (Article 6(1)(f) RODO) in facilitating the use of electronically provided services and improving the functionality of these services.
  7. The provision of personal data by the Customer is voluntary.
  8. The Administrator shall take special care to protect the interests of data subjects and, in particular, shall ensure that the data they collect are:
    1. processed lawfully,
    2. collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes,
    3. substantively correct and adequate in relation to the purposes for which they are processed and kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
  9. We do not make any decisions that give rise to legal consequences for Service Recipients or are similarly significant to Service Recipients and are based solely on automated processing of Service Recipients' personal data.
  10. Telephone conversations and electronic and paper correspondence carried out in connection with the operation of the www.hms-fitness.com website may be recorded and archived. Disclosure of any details arising from these conversations or correspondence is not permitted, except with the express consent of the sender and addressee, or where this is necessary due to the Administrator's assertion of claims, in particular against the addressee or sender, or where this is necessary due to a provision of law and at the request of a state authority empowered to do so.

 

§ 3 SHARING OF PERSONAL DATA

  1. The personal data of Service Recipients shall be provided to third parties when: (i) it is necessary for the performance of the contractual relationship, (ii) the Administrator is obliged to do so by law, or (iii) it is required for the enforcement of the contractual relationship and other agreements concluded with the Service Recipients as well as the Administrator's rights and claims, in particular, we provide the Service Recipients' personal data to:
    1. the hosting provider,
    2. the provider of the software enabling the activity,
    3. providers of mailing systems,
    4. providers of software needed to run the website,
    5. entities providing consultancy, advisory, auditing, legal tax, accounting services,
  2. The service providers referred to in paragraph 1 of this section, to whom personal data are transferred, depending on the contractual arrangements and circumstances, are either subject to the Administrator's instructions as to the purposes and means of processing such data (processors) or they themselves determine the purposes and means of processing (controllers).
  3. The Service Recipients' personal data are stored exclusively in the European Economic Area (EEA), subject to § 5.5 and § 6 of the Privacy Policy.

 

§ 4 RIGHT OF CONTROL, ACCESS AND CORRECTION OF OWN DATA

  1. The Data Subject has the right to access the content of his/her personal data and the right to rectification, erasure, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
  2. Legal grounds for the Service Recipient's request:
    1. access to data - Article 15 RODO.
    2. rectification of data - Article 16 RODO.
    3. erasure of data (so-called right to be forgotten) - Article 17 RODO.
    4. restriction of processing - Article 18 RODO.
    5. data portability - article 20 RODO.
    6. objection - article 21 RODO
    7. withdrawal of consent - article 7(3) RODO.
  3. In order to exercise the rights referred to in § 4(2), the relevant email can be sent to: abisal@abisal.pl.
  4. In the event that the service recipient makes a claim under the above rights, the Administrator shall either comply with the claim or refuse to comply with the claim immediately, but no later than one month after receiving the claim. However, if - due to the complexity of the request or the number of requests - the Administrator cannot comply with the request within one month, he shall comply with it within the following two months, informing the service user about the intended extension of the deadline and the reasons for it.
  5. If it is established that the processing of personal data violates the provisions of the RODO, the data subject has the right to lodge a complaint with the President of the Office for Personal Data Protection.

 

§ 5 "COOKIES" FILES

  1. The website uses "cookies" files.
  2. The installation of "cookies" is necessary for the proper provision of services on the website. The "cookies" files contain information necessary for the proper functioning of the website, and they also provide the possibility to develop general statistics of website visits.
  3. The website uses two types of "cookies": "session" and "permanent".
    1. "Session" "cookies" are temporary files that are stored on the final device of the Service Recipient until logging out (leaving the website),
    2. "Permanent" "cookies" are stored on the Service Recipient's terminal equipment for the time specified in the parameters of the "cookies" or until they are deleted by the Service Recipient.
  4. The Administrator uses its own cookies to better understand how Service Recipients interact with the content of the website. The cookies collect information about how the website is used by the Service Recipient, the type of website from which the Service Recipient was redirected and the number of visits and the length of the Service Recipient's visit to the website. This information does not record the specific personal data of the Service Recipient, but is used to compile statistics on the use of the website.
  5. The Administrator uses external cookies to collect general and anonymous statistical data via Google Analytics analytical tools (external cookie administrator: Google LLC. based in the USA).
  6. Cookies may also be used by advertising networks, in particular the Google network and Facebook (Ads) in order to display advertisements tailored to the way the User uses the website. For this purpose, they may store information about the user's navigation path or length of time spent on the site.
  7. The Client has the right to decide on the access ofcookies to his/her computer by selecting them in advance in his/her browser window. Detailed information on the possibility and methods of usingcookies is available in the settings of your software (web browser).

 

§ 6 ADDITIONAL SERVICES RELATED TO USER ACTIVITY ON THE WEBSITE

  1. The website uses so-called social plug-ins ("plug-ins") of social networks. When displaying the website www.hms-fitness.com containing such a plug-in, the Service Recipient's browser will establish a direct connection to the servers of Facebook, Instagram, Twitter, TikTok and YouTube.
  2. The content of the plug-in is transmitted by the respective Service Provider directly to the Service Recipient's browser and integrated into the website. This integration informs Service Providers that the Client's browser has viewed www.hms-fitness.com, even if the Client does not have a profile with the relevant Service Provider or is not currently logged in to that Service Provider. This information (including the Client's IP address) is sent by the browser directly to the Provider's server (some servers are located in the USA) and stored there.
  3. If the Client logs into one of these social networks, the Service Provider will be able to directly associate the visit to www.hms-fitness.com with the Client's profile on that social network.
  4. If the Client uses the relevant plug-in, e.g. by clicking on the "Like" button or the "Share" button, the relevant information will also be sent directly to the server of the relevant Service Provider and stored there.
  5. The purpose and scope of data collection and their further processing and use by Service Providers, as well as the possibility of contacting and the rights of the Client in this respect and the possibility of making settings to ensure the protection of the Client's privacy are described in the Service Providers' privacy policies:
    1. https://www.facebook.com/policy.php
    2. https://help.instagram.com/519522125107875?helpref=page_content
    3. https://help.twitter.com/en/rules-and-policies
    4. https://www.tiktok.com/legal/page/eea/privacy-policy/pl-PL
    5. https://policies.google.com/privacy?hl=pl&gl=ZZ.
  6. If the User does not want the social networks to attribute the data collected during a visit to www.hms-fitness.com directly to his/her profile on the respective website, he/she must log out of the website before visiting www.hms-fitness.com. The user can also prevent the loading of plug-ins on the website altogether by using appropriate browser extensions, e.g. blocking scripts using "NoScript".
  7. The administrator uses remarketing tools on the website, i.e. Google Ads, this involves the use of cookies from Google LLC concerning the Google Ads service. Within the framework of the mechanism for managing cookie settings, the Service Recipient has the possibility to decide whether the Service Provider will be able to use Google Ads (administrator of external cookies: Google LLC. based in the USA) in relation to him/her.

 

§ 7 FINAL PROVISIONS

  1. The Administrator shall apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks and categories of data covered by the protection, and in particular to protect the data against their access to unauthorised persons, against their being taken by an unauthorised person, against their being processed in breach of the applicable regulations, and against their alteration, loss, damage or destruction.
  2. The Administrator shall make available appropriate technical measures to prevent unauthorised persons from acquiring and modifying personal data sent electronically.
  3. The technical measures referred to in § 7 (1) and (2) shall be constantly adapted to the improved technical possibilities.
  4. In matters not regulated by this Privacy Policy, the provisions of RODO and other relevant provisions of Polish law shall apply accordingly.