Capitalized words and expressions that are not expressly defined herein have the meaning assigned to them in the Terms and Conditions available at www. pilatesonlinestudio.com
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A. GENERAL PART
1.1. USER DATA COLLECTION AND PROCESSING
Within the scope of the website w ww .pilatesonlinestudio.com and / or the respective “mobile” application (together, “Site”) , its services and information, the conclusion of contracts and the provision of information, resources and content services including newsletter, download areas, blogs, forums and recruitment (collectively, the “Services”) to users ( “user”), the T he C oach , Physical Maintenance Services Uni staff Lda. , company by quotas with headquarters at Rua Rebelo da Silva, Nº 6, R \ c Dto . , 2795 – 165 Linda-a-Velha , registered at the Commercial Registry Office under the unique registration and legal person number 505161583 , with the share capital of EUR 5.00 0 , 00 (“ The Coach ”) can request the User to provide personal data that is, information provided by the user to enable the the Coach identify you and / or contact you ( “Personal information”). As a rule, personal data are required or assigned when the user is registered on the Site, contact the The Coach by and mail , contact form on the Site or otherwise, prompts you to send newsletters, subscribe to a particular service, purchase a product , sign up for an activity or event available on the Site or through the Services, apply for a position or function at The Coach or establish a contractual relationship in this regard with The Coach.
The Personal Data collected and processed consists of information related to the name, gender, date of birth, telephone, mobile phone, email, address, photograph , tax identification number, bank information necessary for processing payments such as credit and debit card data and other forms of payment (collected only for the purposes of payment and billing processing ), although other Personal Data may be collected that may be necessary or convenient for access to certain Services of the Site , for the registration of the User on the Site , for access to consultation services (for example nutrition consultations ) , for certain promotions or commercial campaigns or for the purposes of physical evaluation of the User and prescription of fitness training (in this case, data relating to the health or physical condition of the User, which constitute a special category of personal data), for the purposes of personnel selection and recruitment or within contractual relationship established in this regard with The Coach . There may be a collection of the IP address and traffic data of the mobile device through which the User accesses the Site.
When collecting Personal Data, The Coach provides the User with information about the nature of the data collected and about the purpose and treatment that will be carried out in relation to Personal Data, as well as the information mentioned in clause 8.
The The Coach also collects and processes information about your hardware and software, as well as information about the pages visited by the User within the Site . This information may include: your browser type, domain name, access times and the links through which the User accessed the Site (“Usability Information”). We use this information only to improve the quality of your visit to our Site.
The contact details for The Coach’s Personal Data Protection Officer are as follows: firstname.lastname@example.org
In case the User hires a Personal Trainer (PT) , said PT is co-responsible with The Coach regarding the treatment of personal data collected for this purpose.
If the User hire service consultations , the The Coach and partner organization of The Coach that in this case provide the queries to the user, identified at the time of Accession to service queries are independently responsible for the processing of personal data they respectively carry out. The s personal data are collected and processed in C ONSULTATIONS may be sent to The Coach for access and use d the services provided by The Coach and the features associated with it.
1.2. SUBCONTRACTED ENTITIES
These subcontracted entities will not be able to transmit User Data to other entities without The Coach having previously given written authorization to do so, and are also prevented from hiring other entities without prior authorization from The Coach.
The The Coach is committed to subcontract only entities that provide sufficient guarantees for the implementation of technical measures and appropriate organizational, to ensure the protection of user rights. All subcontractors for The Coach are linked to the latter through the acceptance of this P the lytic Privacy or a written contract in which are regulated in particular the object and the duration of treatment, the nature and purpose of the processing, the type personal data, the categories of data subjects and the rights and obligations of the parties.
When collecting personal data, The Coach provides the User with information about the categories of subcontracted entities that, in the specific case, can carry out data processing on behalf of The Coach.
1.3. DATA COLLECTION CHANNELS
The The Coach can collect data directly (ie, directly from the user) or indirectly (ie, through partnerships or other entities). Collection can be done through the following channels:
a) Direct collection: in person, by phone, e-mail , contact form and through the Site ;
b) Indirect collection: through partners or companies of the group, through family , friend or acquaintance of potential User and official entities.
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles relating to the processing of personal data, The Coach is committed to ensuring that the User Data processed by it is:
a) Subject to lawful, fair and transparent treatment in relation to the User;
b) Collected for specific, explicit and legitimate purposes, not subsequently being treated in a manner incompatible with those purposes;
c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are treated;
d) Accurate and updated whenever necessary, taking all appropriate measures so that the inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
e) Kept in a way that allows the identification of the User only for the period necessary for the purposes for which the data are processed;
f) Treated in a way that guarantees their safety, including protection against their unauthorized or unlawful treatment and against their accidental loss, destruction or damage, taking appropriate technical or organizational measures.
The data processing performed by The Coach is lawful when at least one of the following situations occurs:
a) The User has given his explicit consent to the processing of User Data for one or more specific purposes;
b) Processing is necessary for the performance of a contract to which the User is a party, or for pre-contractual steps at the request of the User;
c) Treatment is necessary to fulfill a legal obligation to which The Coach is subject;
d) The treatment is necessary to defend the vital interests of the User or another natural person;
e) The processing is necessary for the purpose of the legitimate interests pursued by The Coach or by third parties (except if the fundamental interests or rights and freedoms of the User that require the protection of personal data prevail).
Data relating to the health or physical condition of the User, including any limitations on the exercise of physical activity by the User, constitute a special category of personal data. The Coach ‘s treatment of this type of data is only lawful if the User has given his explicit consent for the treatment of such data for one or more specific purposes, if the treatment is necessary to protect the vital interests of the User or another natural person , in case the User is physically or legally incapable of giving consent, or if treatment is necessary to declare, exercise or defend a right in a judicial proceeding.
The The Coach is committed to ensure that the processing of User Data is done only under the conditions listed above and with respect for the principles mentioned above.
When the processing of User Data is performed by The Coach based on the User’s consent, the Coach has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the treatment carried out by The Coach based on the consent previously given by the User.
3. USE AND PURPOSES OF USER DATA PROCESSING
In general terms, The Coach uses User Data for the following purposes:
a) S ubscrição and / or acquisition of consultations and services by User;
b) Management of contacts with the User;
c) Billing and collection to the User;
d) User registration on the Site ;
e) Inform the User, who has requested it, of products and services available on the Site , special offers and campaigns, updated information about The Coach’s activity and, in general, for the purposes of The Coach’s marketing , of its services , through any means of communication, including electronic support;
f) Ensure that the Site v there to meet the User needs, through the development and content publishing as adapted as possible to the requests and the type of user, improved search capabilities and functionality of the website and obtaining aggregate information or statistics regarding the user’s type profile (analysis of consumption or profiling profiles );
g) User access control to the Site ;
h) Provision of other services, such as newsletters, opinion polls, or other information or products requested or purchased by the User;
i) If the User contracts the personal training, physical assessment and prescription of fitness training services to the User;
j) If the user signs up, access or use the s service s website (digital content , classes , personal training and consultation online), registration and management of user access;
k) Use of the User’s image in the context of marketing, promotion and team building activities , through any medium, when the image has been collected in S ices, events, parties, sports activities or other events promoted by The Coach in which the user has participated , including through the website and platform s of availability ;
l) Recording of telephone calls that may be made within the scope of the contractual relationship, either during the contract formation phase or during its term;
m) Selection of personnel and recruitment and management of the respective contractual relationship established with The Coach.
The The Coach can combine Usability information with anonymous demographic information for research purposes, and we can use the result of this combination to provide more relevant content on the website . In certain restricted areas of the Site , The Coach may combine Personal Data with Usability Information to provide the User with more personalized content ( profiling ).
he User Data collected by The Coach is not shared with third parties without the User’s consent, except for the situations referred to in the following paragraph. However, if the User contracts with The Coach for services that are provided by other entities responsible for the processing of personal data (for example, queries), the User Data may be consulted or accessed by those entities, insofar as necessary for the provision of said services.
4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
In order to guarantee the security of User Data and maximum confidentiality, we treat the information you have provided to us in an absolutely confidential manner.
Depending on the nature, scope, context and purposes of processing the data, as well as the risks arising from the treatment for the rights and freedoms of the User, The Coach is committed to applying, both when defining the means of treatment and at the time of the treatment itself, the technical and organizational measures necessary and appropriate for the protection of User Data and for compliance with legal requirements. It also undertakes to ensure that, by default, only the data that is necessary for each specific purpose of treatment are processed and that this data is not made available without human intervention to an undetermined number of people.
In terms of general measures, The Coach adopts the following:
a) Pseudonymization and encryption of personal data;
b) Mechanisms capable of ensuring the confidentiality, availability and permanent resilience of information systems;
c) Mechanisms that ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident.
5. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION
In certain types of treatment, the personal data collected by The Coach may be made available to third parties, which may involve their transfer outside the European Union. In such a case, The Coach undertakes to ensure that the transfer complies with the applicable legal provisions, namely with regard to determining the suitability of that country with regard to data protection and the requirements applicable to such transfers.
6. CODES OF CONDUCT AND CERTIFICATION PROCEDURES
B. RIGHTS OF USERS (DATA HOLDERS)
NUnder applicable legal terms, the User has the following rights:
8. RIGHT TO INFORMATION
8.1. Information provided to the User by The Coach (when data is collected directly from the User):
a) The identity and contacts of The Coach , responsible for the processing and, if applicable, of its representative;
b) Contacts of the Data Protection Officer;
c) The purposes of the processing for which the personal data are intended, as well as, if applicable, the legal basis for the processing;
d) If the processing of the data is based on legitimate interests of The Coach or a third party, indication of such interests;
e) If applicable, the recipients or categories of recipients of personal data;
(f) if applicable, an indication that personal data will be transferred to a third country or an international organization, and whether or not there is an adequacy decision taken by the Commission or reference to appropriate or appropriate transfer guarantees;
g) Term of conservation of personal data;
h) The right to request The Coach access to personal data, as well as its rectification, erasure or limitation, the right to object to the processing and the right to data portability;
i) If the processing of the data is based on the User’s consent, the right to withdraw the consent at any time, without compromising the lawfulness of the treatment carried out based on the consent previously given;
j) The right to file a complaint with the CNPD or another supervisory authority;
k) Indication whether or not the provision of personal data constitutes a legal or contractual obligation, or a necessary requirement to conclude a contract, as well as whether the holder is obliged to provide personal data and the possible consequences of not providing such data;
l) If applicable, the existence of automated decisions, including the definition of profiles, and information related to the underlying logic, as well as the importance and expected consequences of such treatment for the data subject.
In case the User Data is not collected directly by The Coach from the User, in addition to the information referred to above, the User is additionally informed about the categories of personal data being processed and, as well, about the origin of the data and, eventually, they come from publicly accessible sources.
If The Coach intends to proceed with the processing of User Data for a purpose other than that for which the data was collected, before such treatment, The Coach will provide the User with information about that purpose and any other pertinent information, under the terms above referred to.
8.2. Procedures and measures implemented to fulfill the right to information.
The information referred to in 8.1. is provided in writing (including by electronic means) by The Coach to the User prior to the processing of personal data in question (for example, prior to registration on the Site ). Under the terms of the applicable law, The Coach is under no obligation to provide the User with the information mentioned in 8.1 when and to the extent that the User is already aware of it.
The information is provided by The Coach free of charge.
9. RIGHT OF ACCESS TO PERSONAL DATA
The The Coach provides the means to access, the user, to your Personal Data.
The User has the right to obtain from The Coach confirmation that the personal data concerning him are or are not subject to treatment and, if applicable, the right to access his personal data and the following information:
a) The purposes of data processing;
b) The categories of personal data in question;
c) The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or belonging to international organizations;
d) The period of conservation of personal data;
e) Right to ask The Coach to rectify, erase or limit the processing of personal data, or the right to object to such processing;
f) Right to file a complaint with CNPD or another supervisory authority;
g) If the data has not been collected from the User, the available information on the origin of such data;
h) The existence of automated decisions, including the definition of profiles, and information related to the underlying logic, as well as the importance and expected consequences of such treatment for the data subject;
i) Right to be informed about adequate guarantees associated with the transfer of data to third countries or international organizations.
Upon request, The Coach will provide the User, free of charge, with a copy of the User Data that is being processed. The supply of other copies requested by the User may incur administrative costs.
10. RIGHT TO RECTIFY PERSONAL DATA
The User has the right to request, at any time, the rectification of his Personal Data and, as well, the right to have his incomplete personal data completed, including by means of an additional declaration.
In case of rectification of data, The Coach communicates to each recipient to whom the data has been transmitted the respective rectification, unless such communication proves impossible or involves a disproportionate effort for The Coach . If the User requests it, The Coach provides information about the referred recipients.
11. RIGHT TO DELETE PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)
The User has the right to obtain, by The Coach , the deletion of his data when one of the following reasons applies:
a) User Data is no longer necessary for the purpose that motivated its collection or treatment;
b) The User withdraws the consent on which the data processing is based and there is no other legal basis for such processing;
c) The User opposes the treatment under the right of opposition and there are no prevailing legitimate interests that justify the treatment;
d) If the User Data is processed illegally;
e) In case the User Data has to be deleted in order to comply with a legal obligation to which The Coach is subject;
f) If User Data has been collected in the context of an information society service offering to children.
Under applicable legal terms, The Coach is under no obligation to delete User Data to the extent that processing proves necessary to fulfill a legal obligation to which The Coach is subject or for the purposes of declaration, exercise or defense of a right of The Coach in a lawsuit.
In case of data deletion, The Coach communicates to each recipient / entity to whom the data has been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort for The Coach . If the User requests it, The Coach provides information about the referred recipients.
When The Coach has made User Data public and is obliged to delete it under the right of erasure, The Coach undertakes to ensure that the measures are reasonable, including technical, taking into account the available technology and the costs of its application, to inform those responsible for the effective treatment of personal data that the User has requested that they delete links to such personal data, as well as copies or reproductions thereof.
12. RIGHT TO LIMIT THE PROCESSING OF PERSONAL DATA
The User has the right to obtain, on the part of The Coach , the limitation of the processing of the User Data, if one of the following situations applies (the limitation consists of inserting a mark in the personal data kept with the objective of limiting its treatment. in the future):
a) If you contest the accuracy of personal data, for a period that allows The Coach to verify its accuracy;
b) If the processing is illegal and the User opposes the deletion of the data, requesting, in return, the limitation of its use;
c) If The Coach no longer needs User Data for processing purposes, but such data is required by the User for the purposes of declaring, exercising or defending a right in a judicial process;
d) If the User has opposed the treatment, until it is verified that The Coach’s legitimate reasons prevail over those of the User.
When the User Data is subject to limitation, they can only, with the exception of conservation, be treated with the User’s consent or for the purpose of declaring, exercising or defending a right in a judicial proceeding, defending the rights of another natural person or collective action, or for reasons of public interest legally provided for.
The User who has obtained a limitation in the treatment of his data in the cases referred to above will be informed by The Coach before the limitation to treatment is canceled.
In case of limitation in the processing of data, The Coach will communicate to each recipient to whom the data has been transmitted the respective limitation, unless such communication proves impossible or involves a disproportionate effort for The Coach . If the User requests it, The Coach provides information about the referred recipients.
13. RIGHT TO PORTABILITY OF PERSONAL DATA
The User has the right to receive the personal data that concerns him and that he has provided to The Coach , in a structured format, in common use and automatic reading, and the right to transmit that data to another controller, if:
a) The treatment is based on the consent or a contract to which the User is a party; and
b) The treatment is carried out by automated means.
The portability right does not include inferred data or derived data, ie, personal data that is generated by The Coach as a consequence or result of the analysis of the data being processed.
The User has the right to have personal data transmitted directly between controllers, whenever technically possible. The exercise of the data portability right applies without prejudice to the right to erase the data.
14. RIGHT OF OPPOSITION TO TREATMENT
The User has the right to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him based on the exercise of legitimate interests pursued by The Coach or when the treatment is carried out for purposes that are not those for which personal data were collected, including the definition of profiles, or when personal data are processed for statistical purposes.
The The Coach will stop the processing of User Data unless present compelling legitimate grounds for such treatment to prevail over the interests, rights and the User freedoms, or for the purpose of establishment, exercise or defense of a right of The Coach in a process judicial.
When User Data is processed for the purposes of direct marketing (marketing), the User has the right to object at any time to the processing of data concerning him for the purposes of said marketing, which covers the definition of profiles in insofar as it relates to direct marketing. If the User opposes the processing of his data for the purpose of direct marketing, The Coach stops processing the data for that purpose.
The User also has the right not to be subject to any decision taken exclusively on the basis of automated treatment, including the definition of profiles, which has effects in its legal sphere or which significantly affects him in a similar way, unless the decision:
a) It is necessary for the conclusion or execution of a contract between the User and The Coach ;
b) It is authorized by legislation to which The Coach is subject; or
c) It is based on the User’s explicit consent.
15. PROCEDURES FOR THE EXERCISE OF RIGHTS BY THE USER
The right of access, the right to rectification, the right to erase, the right to limit, the right to portability and the right to object can be exercised by the User by contacting The Coach , using the form in the contact area of the Site.
The The Coach will respond in writing (including by electronic means) to the request of the User within one month of receipt of the request except in cases of special complexity in this period may be extended up to two months.
If the requests submitted by the User are manifestly unfounded or excessive, namely due to their repetitive nature, The Coach reserves the right to charge administrative costs or refuse to proceed with the request.
Notwithstanding the above: (i) with regard to the processing of data relating to physical evaluation, the User may also exercise his rights with the personal trainer he has hired (when the User has hired the personal training service ); ( ii ) with regard to the processing of data resulting from the provision of consultations to the User or the provision of other services by third parties directly with the User, the latter must exercise the respective rights with the entity providing the service and proceeded to collect the data for that purpose, under the terms and by the means indicated by that entity; and ( iii ) with regard to the data stored on the Site , the User may exercise the respective rights with The Coach or with the entity that collected the data, as applicable, depending on the nature of the right to exercise.
16. IMAGE RIGHTS
Whenever the user join or buy one S ervice or event sponsored by The Coach , namely classes, parties, sports activities or any other, and subject to the right to honor, privacy and self – image, as well as other applicable legislation that the The Coach is obliged, it is considered that the collection and treatment of the User’s image are lawful, as they correspond to a legitimate interest in commercial dissemination pursued by The Coach (the User’s image may be collected, according to the usual uses, in scope of marketing, promotion and team building activities , including photographs, images and sound). In such cases, notices on the realization of such events will be posted in the specific spaces where such events take place, namely online. If the User still decides to participate in the Service or event, he will be authorizing The Coach to collect his image and voice for such purposes.
Also in the context of a legitimate interest in commercial dissemination, The Coach may use this data in photos or videos that are displayed on its own media, namely on Internet pages, Facebook pages and other social networks, newsletters, etc. The User has the right to object to The Coach’s use of his image under the applicable legal terms.
Occasionally, filming or photo sessions may take place, for promotional or other purposes, being posted in specific spaces where such events take place, namely online , and in such cases, they will be posted in specific spaces where such events take place, namely online , notices about the realization of events. same. The User also has the right to oppose the use of his image in the applicable legal terms in these cases, and should contact The Coach for that purpose.
If you do not consent to the use of his image on the part of The Coach , You may not participate in any of the S ervices and events mentioned above, since the The Coach can not ensure that the user’s image is not collected.
17. PERSONAL DATA BREACHES
In the event of a data breach and insofar as such breach is likely to imply a high risk to the User’s rights and freedoms, The Coach undertakes to report the breach of personal data to the User concerned within 24 hours from the incident.
Under legal terms, communication to the User is not required in the following cases:
a) If The Coach has applied appropriate protection measures, both technical and organizational, and these measures have been applied to the personal data affected by the personal data breach, especially measures that make the personal data incomprehensible to any person not authorized to access such data, such as encryption;
b) If The Coach has taken subsequent measures to ensure that the high risk to the User’s rights and freedoms is no longer likely to materialize; or
c) If the communication to the User implies a disproportionate effort for The Coach . In that case, The Coach will make a public communication or take a similar measure through which the User will be informed.
C. FINAL PART
20. APPLICABLE LAW AND JURISDICTION