Regulations of the G-wall mobile application

REGULATIONS:

G-wall Application Regulations

§1 Definitions

1. Participant - means a natural person with at least limited legal capacity who is above 16 years of age and uses Gipara Fitness training equipment according to the conditions specified in the Programme.
2. Organizer – means entrepreneur IMG S.A. with its seat in Gdynia, ul. Strzelców 40 lok. 25, 81-586 Gdynia, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Gdańsk-Północ in Gdańsk, VIII Economic Department of the national Court Register, with KRS number: 0000367238, NIP: 7010264454, REGON: 142621752, share capital in the amount of PLN 100 000,00 (paid in full), producer of training equipment of Gipara Fitness brand, owner of Application and personal data controller of Participants, processed for the purposes related to participation in the Programme.
3. Application – means mobile application named G-wall designed to service the Programme which may be downloaded by Participants and installed on their end user device with internet access. The application is open to everyone, but also has a Premium level for Gipara Fitness customers.
4. Programme - indicates various trainings with the use of Gipara Fitness accessories. Trainings have varied timeframes, degrees of difficulty, accessories and body parts for which they are designated. The training program with the Iron pump set, space set and training gate are available to customers who have purchased a given accessory.
5. Premium - means access to all workouts in the Gwall application, after purchasing a monthly substitution in the amount of 19.90 or purchasing selected accessories. When purchasing selected accessories, the customer receives a code that unlocks access to all trainings. For the product Gwall gate full access is 12 months, for Iron pump set full access is 6 months, for Space Set full access is for 3 months.

§ 2 General Provisions

1. The goal of the Programme is to propagate a healthy model of living, look after one's figure and correctly perform exercises through presenting training options of G-wall gate and accessories available with the gate.

2. Participation in the Programme is equivalent with acceptance of the hereby Regulations and an obligation to abide by the hereby provisions.

3. Participation in the Programme and use of the Application is free of charge. Access to premium requires purchase of a monthly subscription or an access code from the owner.

§ 3 Conditions for joining the programme

1. Downloading the Application and installing it on User end device as well as accepting the hereby Regulations is a necessary condition to be met before joining the Programme.

2. Acceptance of the hereby Regulations which the User accepts upon downloading it is a condition to participate in the Programme.

§ 4 Principles of using the Application

1. The hereby paragraph specifies conditions on which the Participant may use Application designated for devices within iOS and Android system, whilst constituting the Regulations in the meaning of Art. 8 of the Act 18 July 2002 regarding provision of online services (Journal of Laws from 2002 no. 144, item 1204 as amended)

2. Company under the name of the Organizer is the Application Distributor (hereinafter also “Application Distributor”).

3. The Application may be used by Participants of the Programme organized by Application Distributor (Organizer).

4. In order to use the Application Participants must have a mobile device at their disposal (smartphone, tablet etc.) with Internet access. Costs of Internet connection are incurred by the Participant, in accordance with agreements concluded by him with a relevant telecommunication operator.

5. For correct and effective use of the Application it is necessary for Participants to have a mobile device with at least iOS operating system in version 13.0 or Android in version 5.1.

6. The Application may be downloaded from the online store: App Store (for iOS system) and Google Play (for Android system). Downloading and installing of the Application from other sources than those specified in the preceding task shall constitute a breach of the Regulations.

7. Services provided by means of the Application consist in:

- enabling the Participant to train with Gipara fitness accessories and G-wall gate.

- enabling the choice of training depending on its duration, level of advancement, body part.

- summarizes the participant's training.

8. The basic download and use of the Application is free of charge. The premium version requires purchasing a monthly subscription or an access code from the owner of the application.

9. The Application and all materials available in it as well as information and layout of the presented contents, including logotypes, graphic elements and trademarks constitute the subject of exclusive rights of the Application Distributor or his partners and are subject to legal protection in a manner other than that stemming from the provisions within the hereby Regulations.

10. In order to use functionalities of the Application the Participant ought to download the G-wall application first. During first launch of the Application the Participant accepts the provisions of the hereby Regulations.

11. Launching and downloading of the Application is necessary for the use of Application functionalities.

12. Participants are obliged to use the Application in a manner not disrupting its functioning and not burdensome for other Participants or for the Application Distributor as well as respecting personal rights of third parties and in the scope of allowed use stemming from the hereby Regulations.

13. Provision by the Participant of contents of illegal nature to the Application is forbidden.

1. In case of noting that the Participant carries out actions deemed as forbidden by the hereby Regulation, the Application Distributor may undertake all actions provided for by the law in order to limit the possibility of use of the Application by the given Participant.
2. The Participant may at any time cease to use the Application by its removal from the mobile device.
3. The Agreement on provision of electronic services according to conditions specified in the hereby Regulations, that is for the conduct of account of the Participant in the Application and for ensuring access to Application functionalities may be terminated by the Participant at each time, through sending termination statement by means of the contact form available on the Organizer's website: gibara.com or through sending an email message to the Organizer at biuro@gipara.com as well as through sending the termination statement to the address: ul. Kowalska 8-9/7 82-300 Elbląg.
4. In case of terminating the agreement on provision of online services according to the conditions specified in par. 17 the account of Participant shall be blocked by the Application Distributor within 5 days from receipt of Participant’s notification.
5. In relation to the occurring updates of operating systems Android and iOS an update of the Application may be necessary. Necessity to update the Application will be communicated by the Organizer via notifications sent to Participants through the Application. Application Distributor does not guarantee correct functioning of the Application if the Participant has failed to upload and install on their device an update made available by Application Distributor.

§ 5 Personal data

1. Organizer (IMG S.A. with its seat in Gdynia; hereinafter referred to as “Administrator”) hereby informs that he is Data Controller - in the meaning of the Regulation of European Parliament and Council (EU) 2016/679 from 27 April 2016 on protection of natural persons in relation to the processing of personal data and on the free movement of such data and repelling the Directive 95/46/EC (general regulation on data protection - hereinafter GRDP) - with regards to personal data of Participants processed for the purposes related to realization of the agreement on provision of services electronically (provision to Participants of access to Application functionalities for the purposes related to Programme realization).

2. Participant may contact Administrator with regards to matters related to the processing of his personal data through sending correspondence to the postal address: ul. Kowalska 8-9/7, 82-300 Elbląg, as well as at the following email address: biuro@gipara.com.

3. Administrator processes personal data of the Participant for the purposes of:

- execution of agreement on provision of electronic services, under which the service of maintaining Participant account in the Application is provided as well as the service of ensuring that the Participant has access to the Application functionalities (legal basis - Art. 6 par. 1 letter b of GRDP),

- organization and conduct of the Programme in which the Participant participates (legal basis - Art. 6 par. 1 letter a of GRDP),

- for the purpose necessary to fulfil legal obligation with which the Administrator is burdened (legal basis - Art. 6 par. 1 letter c of GRDP) - such an obligation may concern, in particular, storing of accounting documents according to the principles specified in Art. 74 par. 2 point 4 of the Accounting Act of 29 September 1994 (Journal of Laws from 1994, no. 121 item 591 as amended),

- in the scope necessary for the purposes stemming from the legally justified interest realized by the Administrator or by third party (legal basis - Art. 6 par. 1 letter f of GRDP), which the Administrator identifies, in particular, with processing of personal data for the purposes of:

- statistical and analytical, i.e. Selection of services for the needs of the Participant; optimizing products and services based on remarks about them, interest of the Participant, technical logos of the application, optimizing processes of service based on the course of sale and post-sale processes, including complaints etc.,

- archive (evidence) for securing data in case of legal necessity to avail of specific facts,

- potential establishing, pursuing or protecting against claims which might stem from the Programme,

- testing Participant satisfaction and specifying the quality of Administrator’s service,

- offering products or services to the Participant (direct marketing), including adjusting them to the needs of the Participant by means of profiling.

4. Administrator may disclose personal data of Participants to the following categories of recipients:

Subcontractors, that is entities the services of whom are used by the Administrator upon processing personal data, including:

- accounting firms,

- legal firms,

- IT firms,

- claims adjusters from insurance firms,

- marketing agencies,

- debt-recovery firms,

- paying agents dealing with the service of non-cash payments realized online,

- courier and post firms,

- other suppliers of services of the Administrator, providing him with technical and organizational solutions that enable Programme realization, independent recipients:

- commercial partners whose offer supplements Administrator's offer,

- trading partners of the Administrator in the Programme, in which the Participant participates.

5. Administrator shall not disclose personal data of the Participant outside the territory of the European Economic Area.

6. Personal data shall be processed by the Administrator solely throughout the period necessary for realization of goals for which they have been obtained, whilst:

- Personal data obtained for the purpose of execution of agreement on provision of electronic services shall be processed for the duration of the Programme and after its expiry, until termination of this agreement by the Participant or until the Administrator considers the goal for which such data have been obtained to have been outdated,

- Personal data obtained for the purpose of organizing and conducting the Programme shall be processed for the duration of the Programme and after its expiry, for the period until the end of calendar year in which the Programme ends, unless the Participants recalls the granted consent for personal data processing earlier than that or the Administrator considers that this goal has outdated,

- Personal data obtained for the purpose of realizing justified interests of the Administrator shall be processed for the duration of the Programme and, respectively, also until expiry of potential claims which might stem from the Programme,

- Personal data obtained for the purposes related to direct marketing of products or services of the Administrator shall be processed until the Participant submit an objection with respect of their processing for such purposes and if the Administrator has processed data on the basis of the so called marketing consent or based on another required by law, separate consent of data subject for the processing of their data - until recalling such a consent or until establishing by the Administrator that the purpose for which the consent was recalled has outdated,

- Data obtained for the purpose of fulfilling legal obligation shall be processed by the Administrator for the duration of the Programme and after its expiry, data shall be processed - in case when this will apply to a given Participant - for the required by law period of accounts storing (5 years from the beginning of the year occurring after the turnover year in which operations, transaction and proceedings ended, were paid, settled or outdated, in accordance with the provisions of Art. 74 par. 2 point 4 of the Accounting Act of 29 September 1994).

7. Participant shall be entitled to the following rights:

- Right of access to their data and obtaining their copies,

- Right to amend (correct) their personal data,

- Right to remove personal data should there be no basis for their processing by the Administrator,

- Limiting data processing,

- Right to submit an objection against data processing,

- Right to transfer data,

- Right to submit a complaint to the supervisory body,

- Right to withdraw consent for processing of personal data, whilst the Administrator informs that recalling a consent cannot impact compliance with the law of processing performed based on the consent prior to its withdrawal.

8. Submission of personal data for the purpose of:

- concluding agreement for maintenance of participant account in the Application as well as organization and conduct of the Programme - is a condition for participating in the Programme by Participants, should a Participant fail to provide personal data for this purpose, they will be unable to participate in the Programme,

- direct marketing of products and services of the Administrator, realized electronically or via telephone - is voluntary; Participant may refuse to indicate personal data for this purpose, which does not however impact the possibility of entering the Programme; lack of consent will however prevent the Administrator from sending the Participant commercial messages by means of the specified channels of communication.

9. Administrator informs that the Application applies mechanism of “cookies” files which, upon the use by Application Participants, are saved on Administrator's server on the hard drive of the Participant's end device (such as smartphone, tablet).

10. Applying “cookies” files is targeted at improving the functioning of Application on the Participant's end device. This mechanism does not damage end device nor does it cause any changes in configuration of such a device or in the software installed on it. “Cookies” files are not designed to identify the Participant by the Administrator.

11. Administrator applies “cookies” files for the purpose of:

- remembering information on the end device,

- verifying and developing its commercial offer,

- conducting statistics.

12. Participant may, at any time, switch off the mechanism of “cookies” files in the internet browser of their end device according to the principles specified by the operator of a given browser. Administrator however notes that switching off “cookies” files may cause difficulties or prevent the use of the Application.

§ 6 Deletion of user account:

1. Voluntary Deletion: Users have the option to voluntarily delete their account from the App at any time. This can be done through two methods:

   a. In-App Deletion: Users can initiate the deletion process by clicking on the "Delete Account" option within the settings menu of the App. Upon selecting this option, users will receive an email containing instructions on how to proceed with the deletion process.

   b. Web Link Deletion: Alternatively, users can choose to delete their account by visiting the following link: https://gwallapp.gipara.com/pl/delete-account. Upon accessing this link, users will be directed to a webpage where they can follow the provided instructions to delete their account.

2. Confirmation Process: Regardless of the method chosen for deletion, users will be required to confirm their decision before the deletion process is finalized. This confirmation step is essential to prevent accidental or unauthorized deletions of user accounts.

3. Irreversible Action: Please note that the deletion of a user account is irreversible. Once the deletion process is completed, all associated data, including user profiles, preferences, and any other information linked to the account, will be permanently removed from our systems. Therefore, users are advised to exercise caution and ensure that they genuinely wish to proceed with the deletion before confirming their decision.

4. Effect on Services: Deleting your account will result in the loss of access to all features and services provided by the App. Users will no longer be able to utilize the functionalities of the App or access any content associated with their account.

5. Termination of Agreement: The deletion of a user account constitutes termination of the agreement between the user and the App, as outlined in our Terms of Service. Users will no longer be bound by the terms and conditions of the agreement upon successful deletion of their account.

By proceeding with the deletion of your account, you acknowledge and agree to abide by the terms and conditions outlined above. If you have any questions or concerns regarding the deletion process, please contact our support team for assistance.

§ 7 Complaints

1.In case the Participant detects irregularities or errors related to realization of the Programme or the functioning of the Application, he may submit a complaint in an electronic format, through sending a message to the following email address of the Organizer: biuro@gipara.com.

2. Complaints shall be considered by the Organizer without undue delay, however, no later than within 30 days from the date of their receipt, whilst replies shall be granted to the email address specified by the Participant during registration in the Programme.

§ 8 Final provisions

1. The Organizer reserves the right to introduce changes to the hereby Regulations. Any changes to the provisions of the hereby Regulations shall be communicated by the Organizer to the Participants with at least 7 days’ advance notice. Changes shall not breach any of the rights obtained previously by the Participant.

2. Organizer may suspend or cease the Programme at any time without indicating the cause, whilst this shall remain without impact on the rights previously obtained by Participants.

3. The hereby Regulations shall be valid from 01.11.2020