Privacy Policy

PRIVACY POLICY

Last updated: June 22, 2023

Welcome to THEFITNESSONE!

We respect your right to privacy.

This Privacy Policy applies to your use of thefitnessone.com (the “Website”). It tells you (the customer) what to expect when we collect personally identifiable information about you, and what your rights are concerning the collection of your information. It is provided in accordance with our obligations under the UK Data Protection Act 2018, California Consumer Privacy Act, (“CCPA”) and the EU General Data Protection Regulation (GDPR).

We will not collect any personally identifiable information about you unless it is in response to you using our Website or actively registering for one of our online products. The security of your personally identifiable information is extremely important to us.

This Privacy Policy is regularly reviewed to make sure that we continue to serve your privacy interests and we reserve the right to update it as we deem necessary.

Please review this Privacy Policy carefully. It should be read alongside the THEFITNESSONE Terms and the Cookies Policy. Unless otherwise defined, terms used have the same meaning as in the Terms.

If you do not agree with the terms of this Privacy Policy, please do not access, browse, or create an account on the Website, enroll in any courses, or complete any form requesting additional information about offerings on the Website. Any version of this Privacy Policy in a language other than English is provided for convenience, and the English language version is the authoritative version if there is any conflict.

If you have any questions, comments, or complaints about this Privacy Policy please contact us at the details set out below.

I. ABOUT US

1.1. In this Privacy Policy, references to “we” or “us” are to ELEKTROSTANK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a company incorporated in Poland (REGON: 525061216, NIP: 1231531927) whose registered office is at st. GŁÓWNA, No. 67, Apt. —, places. BOBROWIEC, code 05-502, post office BOBROWIEC, country POLAND.

II. WE COLLECT INFORMATION

2.1. Registering with THEFITNESSONE
When you register on the THEFITNESSONE Website, when you create and update your Learner profile, and when you purchase Online Courses on the Website, we and third parties working with us will collect the following information:
· Name, email address, age (required)
· Home address, date of birth, telephone number, country of nationality (required for certain courses)
· Other personal data if you choose to register for a THEFITNESSONE account via third party sites including Facebook and Google, and have provided your personal information on those platforms
· Credit/debit card information
· Data relating to your use of our Website and enrolment on Online Courses
· Information provided by you when you correspond with us (including via surveys)
· Other information you choose to provide about your interests, educational background, occupation and work experience, learning goals, and other general learning preferences for the purpose of making course recommendations on our website or, if you’ve opted in, via email and personalizing our services to your needs.
· Information provided from third party sources, such as our Partners who may invite you to a certain course.

2.2. Learning journey
When you are participating on an Online Course, we and third parties may collect and store the following additional information:

· comments you voluntarily post while participating in online discussions with the Course educators and other Learners during the Course run
· any email communications with THEFITNESSONE to seek user support or to send queries related to the Course
· any content submitted by you during the Course, such as written assignments, quizzes, and examinations, and the results of any assessments
· any data and documentation you submit in order to verify your identity where required to obtain a certificate or academic accreditation (collected by our third-party identity verification vendors who may store your information for the sole purpose of identification verification)
· responses you voluntarily provide to THEFITNESSONE, the Course educators, or third parties in questionnaires, surveys, or user research that you participate in related to the Course

2.3. Requesting additional information on a THEFITNESSONE Course
2.3.1. We collect information from visitors to our Website who express interest in a particular Online Course and wish to be contacted by the university or other institution offering the Course.
2.3.2. The information includes: Name, email address, educational background, employment background, address, country of residence and telephone number.

2.4. Accessing the Website
When you access the Website we may use cookies to track, collect, and aggregate information about your use of the Website, including pages you have visited, the specific URLs that brought you to our Website, and links embedded on our Website that you have accessed. This information may include IP addresses, and any information collected by cookies. This may also include information such as the time and length of visits to certain pages on our website and page interaction information. For more information on our use of cookies, please refer to our Cookies Policy.

III. COOKIES POLICY

3.1. Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
3.2. Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
3.3. We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Functionality Cookies Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

3.4. If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.
3.5. If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
3.6. If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

· For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
· For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
· For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
· For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

3.7. For any other web browser, please visit your web browser’s official web pages.

IV. USE OF YOUR PERSONAL DATA

4.1. The Company may use Personal Data for the following purposes:
· To provide and maintain our Service, including to monitor the usage of our Service.
· To manage your Learner account.
· To provide technical support to you.
· To send you email notifications and updates about Courses you are enrolled on.
· To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
· For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
· To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
· To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
· To manage Your requests: To attend and manage Your requests to Us.
· For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
· For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

4.2. We may share Your personal information in the following situations:
· With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
· For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
· With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
· With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
· With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
· With Your consent: We may disclose Your personal information for any other purpose with Your consent.

V. RETENTION OF YOUR PERSONAL DATA
5.1. The THEFITNESSONE will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
5.2. The THEFITNESSONE will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

VI. TRANSFER OF YOUR PERSONAL DATA

6.1. THEFITNESSONE shares the information we collect about you, including Personal Information, with other entities or individuals in the following circumstances:
· With Members — Members receive your Personal Information when you enroll or participate in their courses or programs.
· With service providers, contractors, and other third parties that help carry out the uses described above — We share your information with third parties that provide business, professional, or technical support functions for us. These service providers are only given access to your information to the extent necessary to process your information and/or provide services to THEFITNESSONE, and they are prohibited from using or sharing your information for any other purposes. They also are required to handle Personal Information in a confidential manner and maintain reasonable security practices. In some cases, the THEFITNESSONE Site and individual courses are integrated with third-party services or contain links to websites published by third parties, including other content providers as well as service providers. These third parties are responsible for their own privacy practices, so you should pay attention anytime you are redirected to a third-party website and be sure to review its privacy policy. For more information about exercising your choices regarding personalized ads offered through our advertising partners, please see our Cookie Policy.
· With other learners in courses that you take and with other visitors to the THEFITNESSONE Site, to create an interactive learning environment, support class participation, and share course information — This includes sharing comments, coursework, or other information or content that you submit to a portion of the THEFITNESSONE Site designed for viewing by other class members or for public communication. This also includes providing opportunities for you to communicate with other users who may have similar interests or educational goals, for instance, recommending specific study partners or connecting potential student mentees and mentors. In such cases, THEFITNESSONE may use all information collected about you to determine who might be interested in communicating with you but will only provide others your username (for clarity, no disclosure of your real name or email address).
· With affiliates of THEFITNESSONE — All Personal Information shared by THEFITNESSONE with its affiliates will be used consistent with this Privacy Policy.
· For legal or safety reasons — We access or share your information to satisfy any applicable law, regulation, legal process, or governmental request; in connection with an investigation on matters related to public safety; as permitted by law; or otherwise as required by law. We disclose your information to protect the security of the THEFITNESSONE Site and our servers, network systems, and databases.
· To detect, prevent, or otherwise address fraud, security or other technical issues.
· Pursuant to a sale or transfer of business or assets — THEFITNESSONE may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use your information in a manner that is consistent with this Privacy Policy.

VII. DELETE YOUR PERSONAL DATA

7.1. You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
7.2. Our Service may give You the ability to delete certain information about You from within the Service.
7.3. You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
7.4. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

VIII. CHILDREN’S PRIVACY

8.1. We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Individuals younger than 18 years of age, but of the required age for consent to use online services where they live (for example, 13 in the US or 16 in Ireland), may not set up an account, but may have a parent or guardian open an account and help them access appropriate content. Individuals younger than the required age for consent to use online services may not use the Services. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.
8.2. Parents who believe that THEFITNESSONE may have collected personal data from a child under those ages can submit a request that it be removed to ceo@thefitnessone.com.

IX. JURISDICTION-SPECIFIC RULES

If you live in California, you have certain rights related to accessing and deleting your data, as well as learning who we share your data with. If you live in Australia, you have the right to make a formal complaint with the appropriate government agency. Users outside of the United States should note that we transfer data to the US and other areas outside of the European Economic Area.

9.1. Users in California
9.1.1. Users who are California residents have certain rights under the California Consumer Privacy Act, (“CCPA”). If you are an eligible California user, included in these rights are:
· “Right to Know” — You have the right to request to know more about the categories and specific pieces of personal information that we have collected about you and access a copy of your personal information.
· “Right to Correction” — You have the right to have inaccurate personal information about you corrected.
· “Right to Deletion” — You have the right to request deletion of personal information that we have collected about you.
· “Right to Non-Discrimination” — If you choose to exercise any of your rights under CCPA, THEFITNESSONE will treat you like all other users. In other words, there is no penalty for exercising your rights under CCPA.
· “Right to Opt-Out” – You have the right to opt out of the sale of your personal information.
· CCPA has a specific definition of a “sale” and while THEFITNESSONE does not, in the traditional sense, sell your personal information or the personal information of any of our users, we do use cookies that make non-personally identifiable information available to select third-parties. To opt out of such a “sale,” click on the “Do Not Sell My Personal Information” link at the bottom of this page.
9.1.2. To exercise any of these rights under CCPA, please email ceo@thefitnessone.com or write to us at THEFITNESSONE, Attn: st. 67 Glovna, No. —, places. WARSAW, code 05-502, post office WARSAW, country POLAND. CCPA allows you to designate an authorized agent to make these requests on your behalf. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify you and/or your agent’s identity before fulfilling your request.
9.1.3. Additionally, for more information about the personal information we collect and how we collect it, please see the sections above entitled “What Data We Get” and “How We Get Data About You.”
9.1.4. To learn about the business and commercial purposes for which your personal information is collected and the categories of service providers who have access to your personal information, please see the sections above entitled “What We Use Your Data For” and “Who We Share Your Data With.”
9.1.5. As a California resident, you also have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, send an email to ceo@thefitnessone.com with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.
9.1.6. Since there is no widely accepted standard for the browser-initiated Do Not Track signal, we do not currently recognize or respond to Do Not Track signals.

9.2. Users in Australia
9.2.1. If you are an Australia resident and you have a complaint, you may refer it to the office of the Australian Information Commissioner (“OAIC”). You can contact OAIC by visiting www.oaic.gov.au ; forwarding an email to enquiries@oaic.gov.au ; telephoning 1300 363 992; or writing to OAIC at GPO Box 5218, Sydney NSW 2001. You may contact our privacy team at ceo@thefitnessone.com to make a complaint about a breach of the Australian Privacy Principles which will be responded to within 30 days.

9.3. Users in the European Economic Area (“EEA”) and United Kingdom (“UK”)
9.3.1. If you are located in the EEA or UK, you have the right to request access to your data in a portable format and to request the rectification, erasure, restriction of processing, or objection to processing of your personal data. Additionally, if you are located in the EEA, UK, or Switzerland, you also have the right to lodge a complaint with your supervisory authority.
9.3.2. Personal data is also processed outside of the UK, Switzerland, and the EEA by our THEFITNESSONE, or our service providers, including to process transactions, facilitate payments, and provide support services. We use the Controller-to-Processor Standard Contractual Clauses adopted by the European Commission to facilitate transfers of personal data from the EEA to third countries and have entered into data processing agreements with our service providers and THEFITNESSONE to restrict and regulate their processing of your data. By submitting your data or using our Services, you consent to this transfer, storage, and processing by THEFITNESSONE and its processors.

9.4. Users Outside of the U.S.
9.4.1. In order to provide the Services to you, we must transfer your data to the United States and process it there. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries.

X. UPDATES & CONTACT INFO

10.1. When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.

XI. MODIFICATIONS TO THIS PRIVACY POLICY

11.1. From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.
11.2. As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

XII. QUESTIONS

12.1. If you have any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our privacy team (including our Data Protection Officer) at ceo@thefitnessone.com. You can also send postal mail to us at THEFITNESSONE, Attn: st. GŁÓWNA, No. 67, Apt. —, places. BOBROWIEC, code 05-502, post office BOBROWIEC, country POLAND.

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