PRIVACY POLICY App

PRIVACY POLICY
OF THE MOveTIVATION APPLICATION
version effective as of October 01, 2022

At Fit Matka Wariatka sp. z o.o. (limited liability company), registered seat in Pszczyna, at Ziemowita Street 7/2, 43-200 Pszczyna, Poland („Fit Matka Wariatka”), we take your privacy seriously and are committed to ensuring that your personal data that we process in connection with your use of  the mobile application called MOveTIVATION (the „Application”) is properly protected.

This document (the „Privacy Policy”) is designed to inform you as a user of the Application (the „User”) to what extent your use of the Application requires us to process your personal data, what that processing consists of, when that data may be shared with third parties, what rights you have in connection with the processing, and how we store and protect your personal data.

Your personal data is 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 („GDPR”).

For purposes of this Privacy Policy, unless otherwise required by applicable law, “personal data” means any information that identifies, relates to, describes, or is reasonably capable of being associated, linked or linkable with a particular individual or household, including any information that is subject to applicable data protection laws.

Personal data controller

The controller of your personal data, i.e. the entity that determines the purposes and uses (processing) of the personal data collected about you, is Fit Matka Wariatka spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered seat in Pszczyna (43-200), at Ziemowita Street 7/2, 43-200 Pszczyna, Poland, entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS number: 0000733332, NIP (tax identification number): 6381834164, REGON: 380306799, with a share capital of PLN 5,000.00.  

Contact with the Controller

If necessary, we will answer any questions you have about the Privacy Policy and the processing of your personal data. Contact with the Controller is possible via email address: movetivationbyfmw@gmail.comor mail address Ziemowita Street 7/2, 43 – 200 Pszczyna, Poland. In particular, you may contact us in order to exercise your rights detailed in the Privacy Policy, including deletion of your personal data.

Your rights

In connection with the processing of your personal data, you have the right to request from Fit Matka Wariatka:

1. access to your personal data;
2. to obtain a copy of your data;
3. have your data rectified in the event that your data is untrue or incomplete;
4. delete the data in the event that: the data is no longer necessary for the purposes for which it was collected by Fit Matka Wariatka; the data is processed unlawfully; you object to the processing of the data; the data should be deleted in order to comply with a legal obligation;
5. limitation of data processing in case in which: the correctness of the data is questioned – for a period of time allowing Fit Matka Wariatka to verify the correctness of your data; the data is processed unlawfully, but you will not want the data to be deleted; your data is no longer needed by Fit Matka Wariatka, but may be needed by you to assert or defend claims; in case in which you raise an objection to data processing – until it is determined whether the legitimate interests of the Controllere override the grounds for the objection;
6. transfer of data to another Controller in the event that the data is processed by automated means in connection with a contract concluded or consent given.

In addition to the above-mentioned rights, you also have the right to object to the processing to the extent that the processing is based on a legitimate interest and the objection is justified by your particular situation, and you also have the right to file a complaint with the supervisory authority in connection with the processing of your personal data by Fit Matka Wariatka to the Polish President of the Office for Personal Data Protection (Stawki Street 2, 00-193 Warsaw, Poland).

In the case of sending a newsletter, the processing of your personal data takes place in connection with your consent to receive the newsletter. Therefore, in addition to the above rights, you also have the right to withdraw your consent at any time, which results in the discontinuation of sending the newsletter. Withdrawal of consent to the sending of the newsletter is done by unsubscribing via the link provided in each email sent as part of the newsletter service or by activating the corresponding field in the Application. The withdrawal of consent does not affect the lawfulness of the processing of personal data carried out before its withdrawal.

If you wish to exercise your rights indicated above, or if you believe that our processing of your personal data violates applicable law, please contact us at the addresses indicated above in the „Contact with the Controller” section. As a rule, we do not charge a fee for exercising your rights. However, if the request is clearly unreasonable, repetitive or excessive, we may legally charge a reasonable fee or refuse to comply with the request.

Personal data we collect

When you register an account for the use of the Application, you provide your email address, as well as your name/alias, measurements of your abdomen, hips, thighs. Providing this data is necessary to start using the Application. In addition, it is possible to upload photos, but it is not necessary to start using the Application, although it is recommended for monitoring the results of the Workout Plan, among others. The Controller makes every effort to ensure that you provide only the data you need to use the full functionality of the Application.

In order to log in to the Application, you will need your email address and password. You may choose to log in to the Application through third-party authentication services offered by entities independent of Fit Matka Wariatka, such as Facebook (in the case of a User with a Facebook account), Google (in the case of a User with a Google account) and Apple (in the case of a User with an Apple account). In such a case, we will receive from the aforementioned entities your personal data related to your profile with the aforementioned providers in the form of your email address, as well as your profile name (first and last name), the photo posted in your profile, for the purpose of identifying you as a user of the Application and providing access to it.

If you choose to contact us, you will share with us some personal information from your email or traditional correspondence. If you choose to file a complaint regarding your use of the Application, Fit Matka Wariatka may process your personal information contained in the complaint for the purpose of processing the complaint, in particular your contact information (first name, last name, mailing or email address).

In the information logged on the server, it will be possible to read in real time what browser and operating system you are using and the IP address associated with your device.

If you agree to the newsletter, Fit Matka Wariatka will send emails to the email address you provide containing Fit Matka Wariatka’s commercial information, i.e. information regarding the Application and other activities of Fit Matka Wariatka, in particular services offered, contests, promotions, news in the Application.

If you consent to our use of cookies other than those strictly necessary for the use of the Application, we process your personal data regarding your activity on the Application for analytical, statistical or advertising purposes, depending on which cookies you have consented to.

Sources of personal data

We collect the above mentioned personal data from you, third party service providers, or automatically from your devices.  For example, when you register for an account with us, we will collect data directly from you, such as your name and email address.  When you log into the Application with an account with a third party, such as Facebook, we will collect your personal data, such as name and email address, from that third-party.  When you download the Application, we will automatically collect certain personal data about your devices, such as the IP address.

The nature of providing personal data

Providing personal information is voluntary, but certain personal information is required if you decide to register for an account and to use certain features of the Application. Providing the other above-mentioned data when using the Application is also voluntary, but necessary for you to use the full functionality of the Application after subscribing. When you contact us or make a complaint, providing personal data is voluntary, but necessary in order to properly resolve the matter or answer the question, process the complaint. If required by law, we may require you to provide other necessary data. In the case of newsletters, providing your email address is voluntary, but necessary to perform the contract for the electronic provision of the newsletter service.

Purposes and legal basis for processing personal data

Your personal data is processed for the following purposes and on the following legal grounds:

1. in order to provide services in connection with the Application in terms of providing access to content, maintaining your account, and storing data – the legal basis for processing is the necessity of processing for the conclusion and performance of service agreements and license agreements (Article 6(1)(b) GDPR);
2. for the purpose of correspondence and responding to inquiries – the legal basis for processing is the legitimate interest of the Controller (Article 6(1)(f) GDPR) consisting of the necessity to resolve a matter or provide an answer;
3. to process complaints – the legal basis for processing is the legitimate interest of the Controller (Article 6(1)(f) GDPR) consisting of the need to duly process the complaint;
4. to establish and assert or defend against claims – the legal basis for processing is the legitimate interest of the Controller (Article 6(1)(f) GDPR) consisting of the protection of its rights;
5. for analytical and statistical purposes – the legal basis for processing is the legitimate interest of the Controller (Article 6(1)(f) GDPR) consisting of conducting statistics and analyzing queries submitted by Users via the Application in order to improve its functionality;
6. for sending a newsletter from Fit Matka Wariatka containing commercial information from Fit Matka Wariatka, i.e. information relating to the Application and other activities of Fit Matka Wariatka, in particular services offered, contests, promotions, news in the Application; Fit Matka Wariatka sends such information only if you agree to receive commercial information from Fit Matka Wariatka to the email address provided by you to Fit Matka Wariatka – the legal basis for processing is the action necessary for the performance of the agreement (agreement for electronic provision of newsletter service) with the data subject (Article 6(1)(b) GDPR);
7. for analytical, statistical or advertising purposes in connection with the use of cookies – the legal basis for processing is your consent (Article 6(1)(a) GDPR).

Data retention period

We keep your personal data for as long as necessary for the purposes for which we originally collected it or to comply with other legal requirements.

The data is kept for the duration of the Controller’s provision of services to you. If you request Fit Matka Wariatka to delete your User account and discontinue the provision of services, under the rules set forth in the Terms and Conditions of the Application, your User account and all data entered by you in the Application will be deleted up to 14 days after your request.

Due to applicable laws, Fit Matka Wariatka must ensure that the data in its possession is correct and up-to-date. In accordance with the principle of retention limitation, we cannot store your data indefinitely. Your data will be kept for the duration of maintaining your account on the Application. Once you delete your account, it will not be possible to recover the data you previously entered into the Application. Selected personal data may be processed by Fit Matka Wariatka after the aforementioned time for the purpose of establishing, investigating or defending against possible claims, for the period resulting from the statute of limitations for such claims.

Personal data that we process on the basis of your consent will be stored at most until you withdraw your consent to the processing of personal data.

We use reasonable technical and organizational measures to ensure the security of collected data in accordance with applicable standards, including the use of electronic security systems and password protection to prevent unauthorized access.

Disclosure of personal data

Sometimes, in order to provide services to you, we need external entities to support and perform services for us. Accordingly, the recipients of your personal data may be entities that cooperate with Fit Matka Wariatka, providing IT and hosting services, as well as postal operators and other entities to the extent necessary for the purposes of data processing.

Please be advised that we send data to the following third-party hosting service providers that store data in the EU: Heroku (a subsidiary of Salesforce), as well as if you use the full functionality of the Application Amazon in connection with Amazon Web Services. In addition, your login data is stored by Google in its Firebase service.

We share data with these third parties only to the extent necessary to provide the services offered by these third parties. We will ensure that these third parties store your data securely and comply with all applicable laws.

We may also share your data in cases required by law, and in order to establish, exercise or defend our rights.

We may disclose and/or transfer personal data as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.

As you are charged by the Google Play or App Store operator for the use of the Application, you will pay all payments due in connection with your purchase using an account established with one of the above operators, i.e. Google Ireland Limited based in Ireland or Apple Distribution International based in Ireland. Your use of these accounts to settle payments does not require us to process your personal data. The terms and conditions for the use of the Google Play store or App Store, as well as the rules for the processing of personal data provided in connection with the purchase of access to the Application, are set out by the operators of these stores (regulations are available at: https://play.google.com/intl/en_en/about/play-terms/ and https://www.apple.com/pl/legal/internet-services/itunes/ww/; and privacy policies: https://policies.google.com/privacy?hl=en-US and https://www.apple.com/legal/privacy/, https://policies.google.com/technologies/wallet?hl=en-US.

In connection with our use of cookies other than those necessary for the use of the Application, provided that you have given your prior consent, your personal data is transferred to the providers of these cookies, i.e. Google Ireland Limited, based in Ireland, and Meta Platforms Ireland Limited, based in Ireland, the operator of the Facebook platform). The entities indicated may in turn transfer your personal data to companies in the US (Google LLC, based in the US, or Meta Platforms, Inc., based in the US) or other countries outside the European Economic Area, which requires them to provide adequate safeguards for data transfer, in particular EU standard contractual clauses.

Cookies

Depending on your settings on the Application, we may use cookies for statistical, analytical or advertising purposes in addition to technically necessary cookies.

Cookies are small text files containing information about your activity on the Application and storing it on the device from which you access the Application.

In accordance with applicable law, we may store cookies on your device if it is necessary for the operation of the Application (these cookies are described below as necessary). For the use of any other types of cookies (especially analytics or advertising cookies), we need your prior consent.

Strictly necessary cookies on the Application do NOT legally require your prior consent. They are automatically installed on your device when you enter the Application or make certain choices/activities in the Application. They are necessary for the proper functioning of the Application, including the performance of certain tasks, such as, for example, the fulfillment of services ordered by you through the Application.

If you consent to this when you first log in to the Application or later through the cookie settings panel, we will also use statistical, analytical or advertising cookies.

You can change your cookie settings at any time using the settings panel available on the Application under the „Cookie Settings” button.

Detailed information about the cookies used by Fit Matka Wariatka in the Application and their functions can be found in the cookie settings panel, which you can access at any time by clicking on the „Cookie Settings” button.

Third-Party Analytics Tools. 

Our Application uses automated devices and applications operated by third parties, such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Application and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

ADDITIONAL PROVISIONS REGARDING THE USERS IN THE USA:

Aggregate and De-identified Data. 

We may de-identify information and create anonymous and aggregated data sets and reports to assess, improve and develop our business, products and Services, prepare benchmarking reports on our industry and for other research, marketing and analytics purposes. This data is not personal data

Children’s Privacy

Our Application is restricted for users of legal age in the jurisdiction they access it from. Children under the age of 13 are not allowed to use our Services. We do not knowingly collect or maintain personal data from children we actually know at the time of collection are under the age of 13. Should we discover that we have collected personal data online from a child who is under 13, we will promptly delete that personal data. If you have concerns over the collection of children’s personal data on the Application, please contact us at the information provided in the Contact with the Controller section above. 

Supplemental Notice for California Residents

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal data are entitled to request and obtain from us, free of charge, information about the personal data (if any) we have shared with third parties during the immediately preceding calendar year for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. California residents who would like to make such a request may contact us by email at movetivationbyfmw@gmail.com with the subject line “California Shine the Law Request”. The request should attest to the fact that the requester is a California resident, and provide a current California address. We are only required to respond to a customer request once during any calendar year.

Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by contacting us at movetivationbyfmw@gmail.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.  Please note that we do not currently sell your personal data as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

Do Not Track

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Third parties may be able to collect information, including personal data, about your online activities over time and across different websites or online services when you use the Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Changes to Privacy Policy

The Privacy Policy is reviewed on an ongoing basis and may be updated if there is a change in the law affecting the processing of your personal data, as well as if Fit Matka Wariatka makes changes to the processing of your personal data. When we make changes, we will make the new version of the Privacy Policy available on the Application. The date of the most recent update is listed at the top of this document under the “effective” date.