Privacy Policy

Privacy Policy

Version binding at Benefit Systems S.A. as of July 1, 2020

Table of contents:

Click the link below to go to the selected section:

  1. General information
  2. What does personal data security mean to us?
  3. Personal data – what does it mean?
  4. What is the processing of personal data?
  5. Who is the controller of your personal data and what does it mean?
  6. How to contact us with respect to the processing of your personal data? How to contact our Data Protection Officer?
    1. Fitness Club Client (Zdrofit, S4, My Fitness Place, Fabryka Formy, StepOne, Fitness Academy, Wesolandia or our other club)
    2. All persons other than the Clients of Fitness Clubs referred to in point 6.1.
    3. Contact to our Data Protection Officer
  7. In what way do we process your personal data?
    1. Information common for all categories of persons referred to in points 7.2. – 7.9.
    2. A person visiting our websites or using our mobile applications without logging in/registration
    3. A person using our websites or mobile applications as a registered user
    4. A participant of our contest or lottery
    5. A user of the MultiSport Card
    6. A Fitness Club Client (Zdrofit, S4, My Fitness Place, Fabryka Formy, StepOne, Fitness Academy, Wesolandia or our other club)
    7. A party to a contract concluded with Benefit Systems, a representative or a contact person of an entity being a party to the contract concluded with Benefit Systems, e.g. a representative of the Client, Partner
    8. A contact person communicating with us via our hotline or another dedicated communication channel
    9. A candidate for work
  8. Marketing
  9. What are your rights in relation to the processing of your data by us?
  10. Amendments to the privacy policy
  11. FitSport Polska Sp. z o.o.
  1. General information

Benefit Systems S.A., with its registered office in Warsaw, Pl. Europejski 2, 00-844 Warszawa (hereinafter: “Benefit Systems,” “we”) attaches great importance to the protection of personal data. We endeavour to ensure that your personal data are processed in compliance with applicable Polish regulations and EU regulations, including 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 (hereinafter: “GDPR”).

This document describes legal basis for the processing, as well as methods of the collection and use of your personal data, and actions taken by us with respect to your personal data. The purpose of this document is also to inform you about the rights you have in relation to the processing of your personal data by us.

  1. What does personal data security mean to us?

Benefit Systems understands the importance of security of data that remain under our control. We have implemented personal data processing policies and procedures, we carry out regular trainings on data protection, we conduct regular checks of applied security models in view of their adequacy in the context of the security of data we process.

  1. Personal data – what does it mean?

Personal data are any information relating to an identified or identifiable natural person (e.g. first name and surname, e-mail address, MultiSport card number, IP address).

  1. What is the processing of personal data?

Processing means any activities and operations which are performed on your personal data (e.g. collection, storage, erasure or analysis).

Our objective is to maintain the transparency of the basis and the method of the processing of personal data.

It is our policy to collect the personal data only when it is necessary to achieve specific purposes, and we ask to provide personal data only when absolutely necessary.

  1. Who is the controller of your personal data and what does it mean?

Benefit Systems (Benefit Systems S.A., with its registered office in Warsaw, Pl. Europejski 2, 00-844 Warszawa) is the controller of your personal data.

This means that Benefit Systems decides about the purposes and methods of the processing of your personal data, i.e. how and to what end your personal data will be used.

  1. How to contact us with respect to the processing of your personal data? How to contact our Data Protection Officer?
    1. Fitness Club Client (Zdrofit, S4, My Fitness Place, Fabryka Formy, StepOne, Fitness Academy, Wesolandia or our other club client)

You can contact us in the following way:

  1. by post to the following address: Benefit Systems S.A. Oddział Fitness, Pl. Europejski 2, 00-844Warszawa, with the “Personal data” note;
  2. by e-mail: daneosobowe@fitness.benefitsystems.pl.
    1. All persons other than Fitness Club clients referred to in point 6.1.

You can contact us in the following way:

  1. by post to the following address: Benefit Systems S.A., Pl. Europejski 2, 00-844 Warszawa, with the “Personal data” note;
  2. by e-mail: daneosobowe@benefitsystems.pl;
  3. by telephone at: 22 242 42 42;
  4. by using the contact form available at: https://www.benefitsystems.pl/formularz-dane-osobowe/.
    1. Contact to our Data Protection Officer

We have appointed a Data Protection Officer whose details are available at www.benefitsystems.pl. The Data Processing Officer can be contacted in all matters related to the processing of your personal data by us and exercising the rights you are entitled to in accordance with the GDPR. You can contact the Data Protection Officer by e-mail, at: iod@benefitsystems.pl, and by post to the following address: Benefit Systems S.A., Pl. Europejski 2, 00-844 Warszawa, with the “DPO” note.

  1. In what way do we process your personal data?

The manner in which your personal data are processed depends on the relationship you have with Benefit Systems. Below, you will find information concerning the processing of personal data of the most common categories of persons.

The categories listed below do not include all categories of persons whose data we process. If you do not belong to any of the groups listed below and you would like to get additional information about how we process your data, please contact us. You will find our contact details in point 6 above.

If you belong to any of the categories listed below, taking into account the specific nature of your use of our services, we might process your personal data in a manner other than that indicated in points 7.2.-7.9. below. In any such case, we will inform you of such processing before it starts.

    1. Information common for all categories of persons indicated in points 7.2-7.9. below

Is providing data compulsory?

As a rule, providing personal data is not compulsory, but may be necessary for you to use the services provided by Benefit Systems, e.g. to enter into an agreement with us, to participate in our competitions or to have a matter your raise examined. Therefore, failure to provide your data may in some instances render us unable to provide you with services. Our forms used to collect data clearly indicate the data which must be provided.

Who do we transfer your data to?

Your personal data may be transferred to the following entities: Benefit Systems Group companies, hosting and maintenance service providers for our websites and applications, ICT and IT support and security service providers, entities storing and destroying data carriers, entities providing services related to serving our clients and other stakeholders (e.g. couriers), and supporting our marketing activities, as well as to legal advisors and audit entities.

Your data may also be transferred to public authorities in cases provided for by law.

For the individual categories of persons listed in points 7.2.-7.9. below, the above list of entities to which we provide your data has been completed by us to the extent necessary.

Do we transfer your data outside the European Economic Area?

As a rule, your personal data are not transferred outside the European Economic Area (EEA). Some entities, to whom we may transfer your data, have their registered offices outside the EEA. We make every effort to ensure that data are transferred in compliance with the law, and to implement suitable safeguards. In particular, this includes certification in the Privacy Shield programme or using standard contractual clauses approved by the Commission. You may contact us in order to obtain a copy of the safeguards used.The contact details can be found under point 6.

What are your rights in relation to the processing of your data by us?

Your rights are described in detail in point 9 of the Policy (“Rights of a data subject”)

    1. A person visiting our websites or using our mobile application without logging in/registration

What data are processed by us and what is the source of the data?

We process data pertaining to your device, on which you use our website or the application: IP address, data stored in cookies or other similar technologies (see: “Policy on cookies and other similar technologies". We also process data pertaining to your activities on pages in our website or in the application, such as information on your preferred activities or activity places. Additionally, we process data including content of HTTP requests sent to our server from your device (URL address, IP address, browser details, request date and time, HTTP response status code, information on errors, cookie identifier, browsed site resources). Data collected in such a way are saved in server logs.

If you grant your consent, we also process data pertaining to your location.

What is the purpose of and legal basis for the processing of your data?

  • we process your data for the purposes of providing to you the service involving access to our website or mobile application. We process your data, because it is necessary for the performance of the contract concluded by you with Benefit Systems, i.e. contract for the provision of services by electronic means, in accordance with the rules of the particular website or mobile application (legal basis: point (b) of Article 6(1) of the GDPR);
  • we process your data for the purposes of administration of the server, ensuring its security and for statistical purposes. We act on the basis of our legitimate interest involving the server administration, identification of errors in the structure of our websites and keeping statistics of the most frequently used resources (legal basis: point (f) of Article 6(1) of the GDPR);
  • location data are processed in order to show, in the search engine, the facilities available in the MultiSport Programme that are the closest to your location (legal basis: point (a) of Article 6(1) of the GDPR).

How long will we store your data for?

We process your data for the duration of your use of our website or mobile application and, after the termination of your use, for the period for which the data is stored in the server logs.

Processing of your data for marketing purposes

As you use our website or mobile application, we may process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A person using our websites or mobile applications as a registered user

If you use our websites or mobile applications as a registered user, information presented in point 7.2. of the Policy also applies to you.

What data are processed by us and what is the source of the data?

If you set up an account in one of our websites or in the mobile applications, we process your data that you provided in the service or application registration form. We also process data disclosed by you when using the account in the service or the application, pertaining to your activities (e.g. details of visited pages and sub-pages in our websites, time of visits, etc.) on pages in our website or the applications. Sometimes, in order to use certain functionalities in the service or in the mobile application, you will be asked to provide special categories of data, e.g. data pertaining to the health status (e.g. in the case of pro-health campaigns, diet programmes).

What is the purpose of and legal basis for the processing of your data?

  • we process your data for the purposes of providing to you the service involving maintaining the account on our website or in mobile application. We process your data, because it is necessary for the performance of the contract concluded by you with Benefit Systems, i.e. contract for the provision of services by electronic means, in accordance with the rules of the particular website or mobile application (legal basis: point (b) of Article 6(1) of the GDPR);
  • we process your data in order to facilitate using our websites or mobile application, on the basis of our legitimate interest involving the improvement of functionalities of services provided by us by electronic means (legal basis: point (f) of Article 6(1) of the GDPR);
  • if special categories of data are collected for the purposes of the provision of services to you, your personal data are processed based on your explicit consent (point (a) of Article 9(2) of the GDPR). Data are always provided voluntarily, but the provision of data can be required in order to use the particular service;
  • for tax and accounting purposes because it is required under the applicable laws (legal basis: Article 6(1)(c) of the GDPR) – if the service is paid;
  • to establish, pursue or defend a legal claim, if any, for which we have a legitimate interest (legal basis: Article 6(1)(f) of the GDPR).

How long will your data be stored?

We will store your data for the period specified below:

  • for the purposes of providing to you the service involving maintaining the account on our website or in mobile application – we process your data until you delete the account from our website or mobile application;
  • for tax and accounting purposes – for the period of time in accordance with the applicable regulations;
  • for the establishment, pursuit or defence of legal claims – until the expiration of the limitation period for claims.

Who do we transfer your data to?

In addition to the entities listed in point 7.1. above, your data may be transferred to our affiliated entities that offer additional services in connection with your ownership of an account on our website or in our mobile application, as well as to social network operators and, if you use our paid services, also to payment operators and entities supporting us in terms of debt collection.

Processing of your data for marketing purposes

As you use our website or mobile application, as a registered user, we may process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A participant of our contest or lottery

What data are processed by us and what is the source of the data?

The scope of personal data collected from you for the purposes of the contest or lottery depends on the nature and rules of the particular contest or the lottery. Information thereon will be provided upon entering the particular contest or lottery.

What is the purpose of and legal basis for the processing of your data?

  • performance of the contest or the lottery, including identifying the winner, issuance of awards, publication of personal data of the winner and examining complaints or claims related to your participation in the particular contest or lottery, on the basis of our legitimate interest (legal basis: Article 6(1)(f) of the GDPR);
  • for tax and accounting purposes because it is required under the applicable laws (legal basis: Article 6(1)(c) of the GDPR) – in the case of winning the award.

How long will your data be stored?

We store your personal data for the period of the contest or the lottery you participate in. However, in certain instances, these data can be stored longer:

  • when we receive a complaint or claim pertaining to your participation in the contest or the lottery. In such the case, your personal data related to the participation in the contest or lottery can be kept until limitation of property claims. The basis for the processing of personal data is our legitimate interest (point (f) of Article 6(1) of the GDPR), involving the protection of our rights and defence of legal claims;
  • for tax and accounting purposes – for the period of time in accordance with the applicable regulations.

Processing of your data for marketing purposes

If you gave us your consent to receiving marketing communications via communications channel of your choice, we may process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A user of the MultiSport Card

What data about you do we process and what is the source of the data?

With you joining the MultiSport Programme, we process your personal data, such as identification details, contact details, and information concerning your use of our services (including the services of our Partners and providers of additional services offered in conjunction with the MultiSport Programme). We receive your data from you directly, e.g. through the registration form, from our Client, i.e. the entity that enables you to use the MultiSport Programme, or from the person who ordered the card for you from the Client (identification data, contact details) and from providers of additional services offered in relation to the MultiSport Programme.

What is the purpose and legal basis for our processing of your data?

  • to provide services related to the use of the MultiSport Programme because you have given us your consent to do so (legal basis: Article 6(1)(a) of GDPR);
  • for tax and accounting purposes because it is required under the applicable laws (legal basis: Article 6(1)(c) of the GDPR);
  • to establish, pursue or defend a legal claim, if any, for which we have a legitimate interest (legal basis: Article 6(1)(f) of the GDPR).

How long will your data be stored?

We will store your data for the period specified below:

  • for the provision of services related to your participation in the MultiSport Programme – until you decide to no longer participate in the MultiSport Programme or until you withdraw your consent, whichever happens first;
  • for the establishment, pursuit or defence of legal claims – until the expiration of the limitation period for claims;
  • for tax and accounting purposes – for the period of time in accordance with the applicable regulations.

Who do we transfer your data to?

In addition to the entities listed in point 7.1. above, your data may be transferred to Partners (sports and recreation facilities), providers of additional services offered in conjunction with the Multisport Programme, the Client (the entity that enabled you to use the MultiSport Programme), entities supporting electronic payment services and entities printing the MultiSport cards.

Processing of your data for marketing purposes

We process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. Fitness Club Client (Zdrofit, S4, My Fitness Place, Fabryka Formy, StepOne, Fitness Academy, Wesolandia or our other club)

What data about you do we process and what is the source of the data?

We process your data, such as your identification data, contact details, data relating to your use of our services (including the services of our affiliated entities that offer additional services in connection with your ownership of our Club membership card). We receive the data directly from you, e.g. when signing a membership contract at a Fitness Club you have selected or via an online form that allows you to buy a membership card online, and from our affiliated entities that offer you additional services in connection with your ownership of our Club membership card.

What is the purpose and legal basis for our processing of your data?

  • we process your data to provide services related to your use of our Fitness Club. We process your data because it is necessary for the performance of the agreement signed by you with Benefit Systems, i.e. the agreement for the provision of services by our Club (legal basis: Article 6(1)(b) of GDPR);
  • for tax and accounting purposes. We process your data because it is required under the applicable laws (legal basis: Article 6(1)(c) of the GDPR);
  • in order to exercise, establish or defend legal claims. We act on the basis of our legitimate interest consisting in the ability to pursue or defend a legal claim (legal basis: Article 6(1)(f) of the GDPR);
  • to identify you when you enter our Club on the basis of your image or to disseminate it in the promotional and advertising materials of our Club because you have given us permission to use it (legal basis: Article 6(1)(a) of the GDPR).

How long will your data be stored?

We will store your data for the period specified below:

  • for the purposes of the provision of services involving using services of the Fitness Club – until termination of the contract on using services of the Fitness Club;
  • for tax and accounting purposes – within the scope and for the period consistent with applicable regulations;
  • for the purposes of the exercise or defence of legal claims – until the expiry of the property claim limitation period;
  • for the purposes of using your image in order to identify you when entering our Club or for the purposes of its dissemination in promotion and advertising materials of our Club – until you withdraw your consent.

Who do we transfer your data to?

In addition to the entities listed in point 7.1. above, your data may be transferred to suppliers of additional services available within the framework of the services of Fitness Clubs, social media operators entities printing the card, and, if you use our paid services, also to payment operators and entities supporting us in terms of debt collection.

Processing of your data for marketing purposes

We process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A party to a contract concluded with Benefit Systems, a representative or a contact person of an entity being a party to the contract concluded with Benefit Systems, e.g. a representative of the Client, Partner

What data about you do we process and what is the source of the data?

If you are a party to a contract concluded with Benefit Systems, we have received the data directly from you. If you are a representative or a contact person of an entity that is a party to a contract concluded with Benefit Systems, we have received the data from the entity that is a party to the contract. We process your data, such as your identification data, contact data and data relating to your function.

What is the purpose and legal basis for our processing of your data?

  • if you are a party to a contract concluded with Benefit Systems, we process your data to perform the contract to which you are a party. We process your data because it is necessary to perform the contract (legal basis: Article 6(1)(b) of GDPR);
  • if you are a representative or a contact person of an entity that is a party to a contract concluded with Benefit Systems, we process your data in order to enter into and perform the contract with the entity that you represent. We act on the basis of our legitimate interest consisting in the ability to correctly enter into and perform the contract with our affiliated entity (legal basis: Article 6(1)(f) of GDPR);
  • in order to exercise, establish or defend legal claims. We act on the basis of our legitimate interest consisting in the ability to pursue or defend a legal claim (legal basis: Article 6(1)(f) of the GDPR);
  • for tax and accounting purposes. We process your data because it is required under the applicable laws (legal basis: Article 6(1)(c) of the GDPR).

How long will your data be stored?

We will store your data for the period of time specified below:

  • for purposes related to the conclusion and performance of the contract – until the end of the contract term;
  • for the establishment, pursuit or defence of legal claims – until the expiration of the limitation period for claims;
  • for tax and accounting purposes – for the period of time in accordance with the applicable legal regulations.

Who do we transfer your personal data to?

In addition to the entities listed in point 7.1. above, your data may also be transferred to providers of additional services available in connection with your cooperation with us (e.g. training services).

Processing of your data for marketing purposes

If you gave us your consent to receiving marketing communications we may process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A contact person communicating with us via our hotline or another dedicated communication channel

What data about you do we process and what is the source of the data?

We process your data that we have received directly from you via various communication channels, such as: the contact forms available on our websites or in our mobile applications, telephone contact with our hotline, email contact to any email addresses we make public, via chatbot or LiveChat.

What is the purpose and legal basis for our processing of your data?

  • to handle a matter you have raised, including answering a question you have asked or examining a complaint you have submitted. Data processing is carried out in response to your request and on the basis of our legitimate interest (legal basis: Article 6(1)(f) of GDPR) consisting in the ability to handle inquiries or complaints submitted to us and possibly in connection with the fulfilment of a legal obligation (legal basis: Article 6(1)(c) of GDPR) imposed on us by law (e.g. where the matter referred to above constitutes a request to exercise your rights under GDPR);
  • to analyze the reported cases and improve the quality of the service provided by us to the persons contacting us. We act on the basis of our legitimate interest in ensuring the highest possible quality of the service provided to the persons contacting us (legal basis: Article 6(1)(f) of the GDPR);
  • in order to exercise, establish or defend legal claims. We act on the basis of our legitimate interest consisting in the ability to pursue or defend a legal claim (legal basis: Article 6(1)(f) of the GDPR).

How long will your data be stored?

We will store your data for the period of time specified below:

  • for the purposes of handling a matter raised by you and of investigating, determining and defending against claims – for the duration of the handling of the matter raised and, after the completion of its handling, until the claims limitation period related to the matter has expired;
  • in order to analyse and improve the quality of the service provided to the persons contacting us – until an effective objection is raised.

Who do we transfer your personal data to?

In addition to the entities listed in point 7.1. above, your data may also be shared with managers of third-party applications used to serve the people contacting us, such as chatbot or LiveChat, and social network operators.

Processing of your data for marketing purposes

If you gave us your consent to receiving marketing communications via communications channel of your choice, we may process your data for marketing purposes, including profiling. Information of the processing of your data for these purposes is available in point 8 of the Policy (“Marketing”).

    1. A candidate for work

Information on the processing of personal data of candidates for work is available at:

https://www.benefitsystems.pl/o-nas/kariera/obowiazek-informacyjny-dla-kandydata/.

  1. Marketing
    1. General information

The manner of the processing of personal data for marketing purposes depends on the circumstances, such as our relationship with you (e.g. whether you registered on our website or in mobile application or just view our website) and on consent you potentially granted.

Our marketing activities can include direct marketing (involving presentation of an offer or advertising via a communication channel, such as e.g. e-mail or telephone), carrying out analyses and statistics for marketing purposes and surveys of satisfaction with services via the communication channel selected by you. For the purposes of direct marketing, we also carry out profiling.

    1. Online marketing

If you visit our website or use our mobile applications, we process personal data (first of all IP address, cookie identifiers, information on the location) for marketing purposes, including for the purpose of direct marketing, including profiling, in the following instances:

  • if you grant your consent to saving the cookies or similar technologies used by us for marketing purposes on your device, we will record what content you viewed on our websites or in our mobile applications. We will use this information to display advertisements or offers adjusted to your potential interests identified based on the content you viewed. For instance, if you viewed pages pertaining to the MultiSport swimming pool packages, we will want to show you a swimming pool advertisement.

Additionally, if you are a registered user of our website or application and log in to your account, we will be able to associate with you the collected information on the content viewed by you and use it for the purposes of profiling in order to better adjust our marketing communication and offers.

  • if you grant your consent to use information on the location of your device (e.g. smartphone) for marketing purposes, we will be able to present the advertisement or offer adjusted to your location. For instance, we will be able to present the invitation to a celebration of the opening of our new fitness club nearby.

       Additionally, if you are a registered user of our website or application and log in to your account, we will be able to associate with you the information on the location and use it for the purposes of profiling in order to better adjust our marketing communication and offers.

       The basis for the processing of your personal data is our legitimate interest (Article 6(1)(f) of the GDPR), involving presentation of adjusted advertisements and offers in relation to your consent to use cookies or similar technologies or – in the particular case – in relation to your consent to using information on your location for marketing purposes.

  • for the purposes of carrying out analyses and statistics for marketing purposes and surveys of satisfaction with our services via the communication channel selected by you.

The basis for the processing is our legitimate interest (Article 6(1)(f) of the GDPR), involving the improvement of the quality of user service and development of products and services offered by us.

More information on cookies is available in “Policy on cookies and other similar technologies” .

    1. Marketing communication via the selected communication channel (e.g. e-mail, SMS/MMS, telephone, chatbot)
      1. A user of the MultiSport card, a Fitness Club client or a user registered on our website or in mobile application

If you are a user of the MultiSport card or a Fitness Club client or if you are registered on our website or in mobile application, your personal data provided to us (e.g. in the registration form, in the contract) or that we collect in relation to your activities in the MultiSport programme, based on the Fitness Club card, on the website or in the mobile application, will be processed for marketing purposes, including for the purpose of direct marketing, including profiling, in the following instances:

  • if you grant voluntary consent to using the particular communication channel (e.g. e-mail, SMS/MMS, telephone) for the purposes of the provision of marketing content to you. Our marketing activities will include providing you with information about promotions, special offers and other marketing content, as well as sending inquiries and surveys of satisfaction with services via the communication channel selected by you. The content provided can be adjusted to your potential interest and preferences based on profiling.

Your consent to marketing communication can refer to (depending on your decision):

    • our own products and services as well as products and services developed jointly with business partners of Benefit Systems that are offered to our users and clients as additional benefits (e.g. dietician, trainer, educational and development services);
    • products or services of third parties, including companies of the Benefit Systems Group. The list of third parties is available here.

The basis for the processing of your personal data is our legitimate interest (of Article 6(1)(f) of the GDPR), involving presentation of marketing content, including the content adjusted to you based on profiling, in relation to your consent to the selected communication channel to this end.

You can withdraw your consent to marketing communication at any time. To this end, you can contact as specified in point 6 of the Policy. Withdrawal of the consent shall not affect the lawfulness of our activities based on consent before its withdrawal.

  • for the purposes of carrying out analyses and statistics for marketing purposes and surveys of satisfaction with our services via the communication channel selected by you.

The basis for the processing is our legitimate interest (Article 6(1)(f) of the GDPR), involving the improvement of the quality of user service and development of products and services offered by us.

      1. A person who is not our user or client

If you are not our user or client, but you grant voluntary consent to using the selected communication channel (e.g. e-mail, SMS/MMS, telephone) for the purposes of the provision of marketing content, e.g. when you contact us using the contact form and grant consent to receiving marketing messages to your e-mail, our marketing activities, including direct marketing, will include providing you with information about promotions, special offers and other marketing content, as well as sending inquiries and surveys of satisfaction with services via the communication channel selected by you. The content provided can be adjusted to your potential interest and preferences based on profiling.

Your consent to marketing communication can refer to (depending on your decision):

  • our own products and services as well as products and services developed jointly with business partners of Benefit Systems that are offered to you as additional benefits (e.g. dietician, trainer, educational and development services);
  • products or services of third parties, including companies of the Benefit Systems Group. The list of third parties is available here.

The basis for the processing of your personal data is our legitimate interest (Article 6(1)(f) of the GDPR), involving presentation of marketing content, including the content adjusted to you based on profiling, in relation to your consent to the selected communication channel to this end.

You can withdraw your consent to marketing communication at any time. To this end, you can contact as specified in point 6 of the Policy. Withdrawal of the consent shall not affect the lawfulness of our activities based on consent before its withdrawal.

We will also process your personal data for the purposes of carrying out analyses and statistics for marketing purposes and surveys of satisfaction with our services via the communication channel selected by you.

The basis for the processing is our legitimate interest (Article 6(1)(f) of the GDPR), involving the improvement of the quality of our service and development of products and services offered by us.

      1. A party to a contract concluded with Benefit Systems, a representative or a contact person of an entity being a party to the contract concluded with Benefit Systems, e.g. a representative of the Client, Partner

If you are a party to the contract concluded with Benefit Systems, representative of an entity being a party to the contract concluded with Benefit Systems, e.g. representative of the Client, Partner, you can grant voluntary consent to the processing of your data for marketing purposes, including direct marketing, and to using the selected communication channel (e.g. e-mail, SMS/MMS, telephone) for the purposes of the provision of marketing content. In such a case, your personal data disclosed to us (e.g. in the inquiry form or in the contract) will be processed for the following marketing purposes:

  • providing you with marketing content pertaining to own products and services of Benefit Systems as well as products and services developed jointly with business partners of Benefit Systems that are offered to you as additional benefits (e.g. dietician, trainer, educational and development services), as well as for the purposes of carrying out marketing analyses and statistics and surveys of satisfaction with services, and profiling, i.e. using data pertaining to your interests in order to provide you with adjusted offers and content.
  • providing you with marketing content pertaining to products and services of third parties, including companies of the Benefit Systems Group, as well as for the purposes of carrying out marketing analyses and statistics and surveys of satisfaction with services, and profiling, i.e. using data pertaining to your interests in order to provide you with adjusted offers and content. The list of third parties is available here.

The processing is based on your consent (Article 6(1)(a) of the GDPR).

    1. What is profiling for marketing purposes?

The processing of your personal data for the purposes of direct marketing involves profiling.

Profiling means that by automated processing of your data we will draw conclusions about your potential expectations, interests and preferences. As a result, we will be able to better adjust our products, offers and advertisements. As part of the profiling process, we may also combine information you provide when using various products and services, e.g. the information you provide when visiting our website as a registered user, using the services of our Fitness Club as a user of the club card or contacting us via the chatbot.

Various data are used for the purposes of profiling:

  • data related to using the MultiSport card or Fitness Club card (e.g. about the size of the entity, who enabled you to use the MultiSport card, size of the town, where you use the card, use of sport facilities, types of classes selected by you, package used by you). Statistical data related to the same information are also taken into account in the profiling process;
  • data provided by you in relation to joining the MultiSport Programme or purchase of the Fitness Club card (e.g. your gender, age and city where you live) or in relation to registration on our website or in the mobile application;
  • information collected using marketing cookies or similar technologies that enable us to understand the content you view on our websites or in our applications (provided that you agree to saving such cookies on your device);
  • information on the location of your device (e.g. smartphone) if you grant your consent to using this information for marketing purposes.

Tools provided by specialised third parties are used for the purposes of profiling. We endeavour to ensure that profiling generate tangible benefits to you, such as presentation of offers, promotions and advertisements you may consider interesting. In this way we would like to avoid presentation of content that is inadequate for you or that you might consider unattractive. For instance, if we conclude that you are a woman living in a medium-sized city, who attends dance classes on a regular basis, we will know that probably you are not interested in martial art classes in another distant city.

In relation to profiling, you will not be subject to a decision based solely on automated processing of your information, which would produce legal effects concerning you or similarly significantly affect you.

    1. Our legitimate interest vs. your interests, rights and freedoms

Because the processing of personal data for marketing purposes, including profiling, takes place on the basis of our legitimate interest (Article 6(1)(f) of the GDPR), we have assessed whether your interests, rights and freedoms (e.g. right to privacy) do not override our legitimate interests. We concluded that we can process your personal data for marketing purposes on the basis of our legitimate interest, because:

  • we process your personal data for marketing purposes only when we conclude that you can reasonably expect such processing (e.g. you are a user of the MultiSport card or Fitness Club card, you are registered on our website or in the application, you granted your consent to receiving marketing messages by e-mail);
  • individual marketing messages (e.g. by e-mail, SMS/MMS, telephone) are sent to you only upon your consent;
  • we enable you to object to the processing of your personal data for the purposes of direct marketing, and inform you about this right;
  • marketing messages pertaining to products or services of third parties unrelated to Benefit Systems are sent to you only if you grant separate consent there to;
  • we believe that profiling for marketing purposes does not excessively interfere with your privacy. We focus on what products or services offered by us could be interesting to you. We do not follow your activities on external websites. Based on profiling, we do not take decisions affecting you, which would produce legal effects (e.g. refusal to conclude a contract) or similarly significantly affect you;
  • we believe that offers and advertisements provided to you based on profiling can be considered interesting. We do not want to provide you with content that you might consider unattractive;
  • we do not use data that are subject to special protection, e.g. data pertaining to the health status, for marketing purposes including profiling;
  • we do not intentionally process personal of children for marketing purposes;
  • we use technical and organisational measures that appropriately protect your personal data.
    1. How long will we process your personal data for marketing purposes for?

The period of keeping your personal data for marketing purposes will depend on the circumstances.

  • If we process your personal data for marketing purposes on the basis of our legitimate interest – until the effective objection is made;
  • If we process your personal data for marketing purposes based on your consent – until the consent is withdrawn.
    1. Objection pertaining to direct marketing

If you do not want us to process your personal data for the purposes of direct marketing, including profiling for the purposes of direct marketing, you can make the objection. The objection can be made at any time and not justification is required in relation thereto. If you make such an objection, your personal data will not be processed by us for the purposes of direct marketing any longer. In order to make the objection, you can contact as specified in point 6 of the Policy.

  1. Rights of a data subject

You have the following rights related to the processing of your personal data:

    • Right of access to your data – you have the right of access to personal data concerning you that we process, and to obtain information in this respect from us; you also have the right to receive from us a copy of the personal data concerning you that we process.
    • Right to request rectification (correction) of your personal data – you can update personal data provided to us or request their rectification, where the data are incorrect. Depending on the purpose of the processing, corrections can be made in accordance with the rules of the service used by you or by contacting us in accordance with point 6 of this Policy.
    • Right to withdraw you consent to the processing of personal data – if we process your personal data based on consent granted by you, you have the right to withdraw this consent at any time. However, please remembers that this would not affect the lawfulness of processing based on consent before its withdrawal. The consent to the processing of personal data can be withdrawn, e.g. by contacting us as specified in point 6 of the Policy.
    • Right to object to processing of personal data – you have the right to object to processing of your personal data, where the processing is based on a legitimate interest (point (f) of Article 6(1) of the GDPR), and the objection is justified by your particular situation.

In the case of the processing of data for the purposes of direct marketing, including profiling for the purposes of direct marketing, the objection to such processing can be made at any time and does not require any justification. If you make such an objection, your personal data will not be processed by us for the purposes of direct marketing any longer. In order to make the objection, you can contact as specified in point 6 of the Policy.

    • Right to restriction of processing of your personal data – you have the right to restriction of the processing of your personal data, when: (i) you contest the accuracy of these personal data (for a period enabling us to verify the accuracy of these data); (2) the processing is unlawful and you oppose the erasure of your data and requests the restriction of their use instead; (3) we no longer need your personal data for our purposes, but they are required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to processing of your data pending the confirmation of the effectiveness of this objection. In such the case, we will restrict the processing of your data only to their storage, unless the processing is necessary for the establishment, exercise or defence of potential legal claims, or to protect third parties’ rights, or takes place upon your consent.
    • Right to personal data portability – in relation to the processing of your data based on your consent or a contract by automated means (e.g. using computers/in IT systems), you have the right to receive from us personal data that you provided to us, in a structured, commonly used and machine-readable format (e.g. on a computer). You can transmit these data to another controller or request us to transmit your data to another controller, but we will do it only where technically feasible.
    • Right to request erasure of your personal data – you can request us to erase your personal data in the following instances: (1) your data are no longer necessary in relation to the purposes for which they were processed; (2) you withdraw consent on which the processing is based, and there is no other legal basis for the processing; (3) you effectively object to processing; (4) your personal data have been unlawfully processed; (5) your data have to be erased for compliance with an obligation arising from legal regulations. In the aforementioned instances, your data will be erased, unless in the particular case we refer to one of the exceptions provided for in the GDPR (e.g. further processing of your data is necessary for the establishment, exercise or defence of potential legal claims).

In order to exercise the aforementioned rights, please contact us or our Data Protection Officer, as specified in point 6 of the Policy. Your request will be processed without undue delay, and in any case no later than without one month of its receipt. If this period has to be extended, we will notify you both of this extension and its reasons.

    • Right to lodge a complaint with a supervisory authority – if you believe that the processing of your personal data by us breaches legal regulations (GDPR), you can lodge a complaint with a supervisory authority in charge of the protection of personal data, in particular in the member state of your habitual residence, place of work or place of the alleged infringement; in Poland the supervisory authority is the President of the Office for the Protection of Personal Data.
  1. Amendments to the Privacy Policy

We will review and update this Policy on a regular basis in connection with amendments to legal regulations and any new measures we may take in relation to your personal data.

  1. FitSport Polska sp. z o.o.

Principles included in this Policy shall also apply, as appropriate, to processing personal data by FitSport Polska Sp. z o.o. with its registered office in Warsaw, address: Plac Europejski 2, 00-844 Warszawa, entered into the register of entrepreneurs in the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division, with the KRS number: 0000422757, Tax Identification Number (NIP): 5252532584, Statistical Identification Number (REGON): 146231491, share capital of PLN 50,000.00.


 

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