MOBILE APPS. Terms and conditions of use

TERMS AND CONDITIONS OF USE OF THE APPLICATION

These Terms and Conditions govern the downloading, access and use of the mobile application TOAL GYM (hereinafter the «APPLICATION»), which TOAL SPORT, S.L. makes available to users. The user acquires this condition by downloading and using it.

This version of the APPLICATION is available free of charge on Google Play. The user acknowledges and agrees to comply with all applicable terms and conditions regarding obtaining, downloading and updating the APPLICATION as determined by these stores respectively.

Accessing the APPLICATION implies that the user acknowledges that they have accepted and consented without reservation to these conditions of use.

1. PURPOSE

The APPLICATION has the objective of supporting the services offered by the gym, allowing you to follow progress, see routines, consult exercises, etc.

Some of the groups that can benefit from this project are all users registered in the gym and to whom TOAL SPORT S.L. have given them access. Professional specialists have participated in the design and development of this APPLICATION, as well as a group of users who participated in the trial period.The APPLICATION is made available to users for their personal (never business) use.

It works on a mobile phone with Android operating system and with camera and front camera.

2. FEATURES

Permission to read storage and camera will be requested to be able to change the profile photo locally..

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The intellectual and industrial property rights on the APPLICATION are owned by TOAL SPORT, S.L., corresponding to the exclusive exercise of the rights of use by them in any form and, in particular, the rights of reproduction, distribution, communication to the public and change.

Third party holders of intellectual and industrial property rights on photographs, logos, and any other symbols or contents included in the APPLICATION have granted the corresponding authorisation for their reproduction, distribution and availability to the public.

The user acknowledges that the reproduction, modification, distribution, commercialisation, decompiling, disassembly, reverse engineering or any other means to obtain the source code, transformation or publication of any unauthorised reference test results of any of the elements and utilities integrated within the sequence of operations constitutes a breach of intellectual property rights of TOAL SPORT, S.L., and therefore commits to refraining from carrying out any of the aforementioned actions.

4. PRIVACY POLICY

Who is the controller of your personal data?

TOAL SPORT, S.L. is the controller of the user’s personal data and informs him/her that these data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), providing the following information on the processing:

For what purpose do we process your personal data?

We process your personal data for the purposes described in section «1. PURPOSE» of these terms and conditions, that is, support the services offered by the gym.

Why can we process your personal data?

The processing of your data is legitimated on the basis of:

-       be necessary for the contractual relationship, of which you are part, which implies acceptance of these terms and conditions of use (art. 6.1.b GDPR).

For how long will we keep your personal data?

We will keep your personal data for no longer than is necessary to maintain the purpose of the processing, i.e. for the duration of the contractual relationship that is the subject of the use of the APPLICATION (including the obligation to keep them for the applicable limitation periods), and when they are no longer necessary for this purpose, they will be deleted with appropriate security measures to ensure their anonymisation or complete destruction.

To whom do we disclose your personal data?

Your personal data will be disclosed to:

Public Administrations and other private entities in order to comply with the legal obligations to which TOAL SPORT, S.L. is subject due to its activities.

The suppliers that need access to the user’s personal data for the provision of the services that TOAL SPORT, S.L. has hired them, or that by the very operation of the electronic services (application, website and e-mails) may have access to certain personal data. TOAL SPORT, S.L. has signed the contracts of confidentiality and order of personal data processing necessary and required by the regulations to protect their privacy with all of them (article

28.3 GDPR).

The registration and control of user sessions is carried out through the platform Google spreadsheet.

¿What are your rights as a user?

Right to withdraw consent at any time.

Right of access, rectification, portability and erasure of your data and the limitation or objection to their processing. Right to file a claim with the Spanish Supervisory Authority (www.aepd.es) if you consider that the processing does not comply with current legislation.

Contact information to exercise their rights:

TOAL SPORT, S.L.. C/ LA PALOMA, 17 - 28110 ALGETE (Madrid). E-mail: toal.gym.algete@gmail.com

5. COMPULSORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER

The users, by marking the corresponding boxes and entering data in the fields, marked with an asterisk (*) in the APPLICATION’s forms, accept expressly and in a free and unequivocal way that their personal data are necessary for the supplier to meet their request, voluntarily providing their data in the remaining fields. The user ensures that the personal data provided to TOAL SPORT, S.L. are true and is responsible for communicating any changes to them.

TOAL SPORT, S.L. informs that all data requested through the APPLICATION are mandatory, as they are necessary for the provision of an optimal service to the user. In the event that not all of the data is provided, there is no guarantee that the information and services provided will be completely adapted to the User’s needs.

6. SECURITY MEASURES

In accordance with the provisions of the current regulations on the protection of personal data, the CONTROLLER is complying with all the provisions of the GDPR and LOPDGDD regulations for processing the personal data for which they are responsible, and is manifestly complying with the principles described in Article 5 of the GDPR, by which they are processed in a lawful, fair and transparent manner in relation to the data subject and appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

TOAL SPORT, S.L. guarantees that all appropriate technical and organisational policies have been implemented to apply the security measures established by GDPR and LOPDGDD in order to protect the rights and freedoms of the users, and has communicated the appropriate information for them to be able to exercise their rights and freedoms.

For more information on the guarantees of your privacy, you can contact TOAL SPORT, S.L. at toal.gym.algete@gmail.com

7. LIABILITY DISCLAIMER

TOAL SPORT, S.L. reserves the right to edit, update, modify, suspend, delete or terminate the services offered by the APPLICATION, including all or part of its content, without prior notice, and to modify the form or type of access to it.

The possible causes of modification may take be for reasons such as adaptation to possible legislative changes and changes in the APPLICATION itself, as well as those that may derive from existing codes of conduct in the field, or for strategic or corporate reasons.

TOAL SPORT, S.L. shall not be liable for the use of the APPLICATION by a minor. The downloading and use of the APPLICATION is the sole responsibility of the user.

The APPLICATION is provided «as is» without warranty of any kind. TOAL SPORT, S.L. is not responsible for the final quality of the APPLICATION or for it serving and fulfilling all the APPLICATION’s purposes. Notwithstanding the foregoing, TOAL SPORT, S.L. undertakes to contribute to improving the quality of the APPLICATION to the best of its ability, but cannot guarantee the accuracy or timeliness of the content thereof.

The responsibility for using the APPLICATION rests solely with the user. Except for that which is set forth in these Terms and Conditions, TOAL SPORT, S.L. is not liable for any loss or damage arising in connection with the download or use of the APPLICATION, such as that resulting from failures, breakdowns or blockages in the operation of the APPLICATION (e.g., but not limited to: error in the communications lines, defects in the APPLICATION hardware or software or failures in the Internet network). Similarly, TOAL SPORT, S.L. shall not be liable for any damages resulting from improper or inappropriate use of the APPLICATION by users.

8. LEGISLATION AND JURISDICTION

The user accepts that governing law and the competent Courts and Tribunals that will hear differences in the interpretation or application of this clause are the Spanish courts and tribunals, and expressly waive any other jurisdiction, that is the courts and tribunals closest to the city of ALGETE.