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Privacy and Legal Aspects

Technogym® policy regarding personal data processing

Contents

  1. Purposes and methods of the data processing.
  2. Mandatory and optional nature of the data conferral and consequences of refusal to confer data.
  3. Entities or categories of entity to whom/which personal data may be transmitted or who/which may get to know said data in their capacity of data processors or data controllers, and scope of disclosure.
  4. Rights of the data subject. Identification details of the data controller and, if designated, the data processor. Indication of the means whereby the updated list of data processors can be easily known.

This privacy statement specifies the norms and directives to which Technogym S.p.A. – a company under Italian law headquartered in Italy, via G. Perticari 20, 47035 Gambettola (FC) (hereinafter "Technogym”) – conforms, with regard to processing of personal data of users of the website www.technogym.com.
Given that the above-mentioned website operates and is hosted in the Italian territory, the information and data regarding website users shall be processed by Technogym in conformity to Italian legislation that transposes Directives 95/46/EC and 2002/58/EC of the European Parliament and Council, in addition to Italian Legislative Decree no. 196 of 30th June 2003 and subsequent amendments and additions.

  1. Purposes and methods of the data processing

Technogym hereby informs users of the website that any personal data collected shall be used exclusively for the aims specified below, and for updating users on new products, promotions, competitions and Technogym activities in general.
Technogym shall use personal data for the following purposes:
a) Executing sale and purchase contracts or contracts for the provision of services (supply of goods or services).
b) Direct marketing activities, also through sending of newsletters, MMS or SMS text messages or other type of messages.
c) Market surveys or other surveys deemed useful for improving its products or services.
The collected data may be processed in electronic or hard-copy form and, at all events, shall always be protected by adequate security systems, and constantly updated and stored in a safe and supervised environment.
If the user assigns Technogym the task of providing personal training services or other services related to physical exercise, any collected data may be used for acquiring information on the data subject’s state of health or any disabilities he/she may have (for example, the data subject may be asked to indicate whether he/she suffers from any particular disease). Regarding processing of said data, Technogym shall comply with the provisions of the Guarantor Authority with reference to general authorization regulation no. 2/2009 and subsequent amendments and additions. In this case, the data subject’s consent must be provided in writing, using the appropriate form that will be sent upon activation of the service.
Moreover, in the event of access to the e-learning platform, the last access to the platform shall be recorded while any courses attended shall be recorded in the user master record.

  1. Mandatory and optional nature of the data conferral and consequences of refusal to confer data.

Data conferral is optional, except in those cases in which the collected data is necessary for executing a contract or service requested by the user. In this case, any refusal to confer personal data by the data subject shall imply the impossibility of executing the assignment received by Technogym.
Moreover, Technogym may require mandatory processing of the subject’s personal data for sending newsletters so as to enable the data subject to participate in specific commercial initiatives.

  1. Entities or categories of entity to whom/which personal data may be transmitted or who/which may get to know said data in their capacity of data processors or data controllers, and scope of disclosure.

The personal data provided by the user shall be acquired and processed by employees of Technogym S.p.A. and/or by the latter’s foreign subsidiaries, with the sole aim of performing the activities that constitute the reason for their collection (for example, for executing sales contracts or contracts for the provision of services, or for sending newsletters). The personal data may be transmitted to other parent, subsidiary and/or affiliated companies of Technogym Group in Italy, within the European Union or to countries not belonging to the European Union, provided that the legal system in the country of destination or transit of the personal data guarantees adequate protection of the data subject. Said adequacy shall be assessed by comparing the legal system of the foreign country with that in force in Italy.
Furthermore, the personal data may be transmitted to providers of electronic communication services, banks, financial intermediaries, lending institutions, other funding bodies, administrators of centralized IT systems (web platform administrators, administrators of hosting services, central credit registers, anti-fraud bodies, etc.), insurance companies, consultants and freelance professionals who assist Technogym in recovering credits and managing disputes, companies that perform purchased goods packaging, shipment and delivery services or that organize mailing and commercial notice mailing services, research bodies or companies, and non-profit associations or foundations.

  1. Rights of the data subject. Identification details of the data controller and, if designated, the data processor. Indication of the means whereby the updated list of data processors can be easily known.

The data controller and processor is Technogym S.p.A., headquartered in Italy, via G. Perticari 20, 47035 Gambettola (FC), which data subjects may address in writing for exercising the rights specified in Article 7 of Italian Legislative Decree no. 196/2003, in other words for: 1) obtaining indication of the source, purposes and methods of data processing, of the logic applied to processing in the event that the data is processed with the aid of electronic means, of the identification data of the data controller, entities or categories of entity to whom/which the personal data may be transmitted or who may get to know said data; 2) obtaining the updating, rectification or integration of said data, the erasure, anonymization or blocking of data that has been unlawfully processed, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed, the certification that the requested operations have been notified, also with regard to their content, to all entities to whom/which they have been communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort with respect to the right to be protected; 3) objecting, on legitimate grounds, to the processing of their personal data, even if relevant to the purposes of its collection, or objecting to the processing of their personal data for the purpose of sending advertising or direct sales material or for performing market surveys or commercial communication activities.
At the date of publication of the contents of this website, no data processor had been designated. Should Technogym proceed to appoint data processors, the updated list of the latter shall be made available in the Privacy and Legal Aspects section of the website www.technogym.com.


Terms of use

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.technogym.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Technogym S.p.A. (Company).

Introduction

You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately. 

The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website. 

Licence

You are permitted to print and download extracts from the Website [for your own use] on the following basis:

no documents or related graphics on the Website are modified in any way;

no graphics on the Website are used separately from the corresponding text; and

the Company's copyright and trade mark notices and this permission notice appear in all copies. 

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. 

Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission. 

Any rights not expressly granted in these terms are reserved. 

Service access

While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. 

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control. 

[Visitor material and conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

You are prohibited from posting or transmitting to or from the Website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

for which you have not obtained all necessary licences and/or approvals; or

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking). 

The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.]

[Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

[You may create links to the Website provided you have first entered into our Website Linking Licence [INSERT HYPERLINK] OR  If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

you  do not remove, distort or otherwise alter the size or appearance of the [RELEVANT TRADING NAME OF THE COMPANY] logo;

you do not create a frame or any other browser or border environment around the Website;

you do not in any way imply that the Company is endorsing any products or services other than its own;

you do not misrepresent your relationship with the Company nor present any other false information about the Company;

you do not otherwise use any [RELEVANT TRADING NAME OF THE COMPANY] trade marks displayed on the Website without express written permission from the Company;

you do not link from a website that is not owned by you; and

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.]]

 

Registration

Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

Responsibility for the security of any passwords issued rests with you. 

Your personal data will be processed in accordance with the Company's Privacy Policy [insert hyperlink].

Disclaimer

While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill under any jurisdictions which, but for this legal notice, might have effect in relation to the Website). 

Liability

The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 

Nothing in this legal notice shall exclude or limit the Company's liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or

fraud; or

misrepresentation as to a fundamental matter; or

any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 

Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
ACCEPT
Issue Date: [DATE]

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