Fitgure™® team welcomes you to our fitness platform. For us, the most important thing is you. Therefore, it is important that you read and know the following terms and conditions of use set out below, which you must follow and comply with as a Fitgure™® user, so that you can get an optimal and fun exercise experience.
The authorization provided on this website empowers to FITGURE GROUP VNC ("Fitgure™®"or "We") to collect, store, use and delete the personal data provided, especially those referred to as sensitive data (those that affect the Privacy of the Owner or whose misuse may result in discrimination).
To provide services properly, publicize its offers and comply with the rules of Habeas Data's right, it requires to perform the aforementioned "Data Processing", so that the purpose and use that Fitgure™® will carry out in the information provided will be strictly professional, statistical, commercial, administrative, and advertising. Under no circumstances will the Processing of Personal Data be carried out for marketing and/or circulation purposes. In any case, the exceptions of the law will apply.
Under article 8 of Law 1581 of 2012 (Colombia), the owner of the personal information that is collected has the following rights:
• Know, update, rectify and delete the data provided.
• Know the uses that have been made of the information provided, when requested by the owner.
• Revoke the authorization and / or request the deletion of the data provided when the treatment carried out does not respect the constitutional and legal principles, rights and guarantees in favor of the owner.
• Free access to personal data that has been processed by Fitgure™®.
The owner of the information provided may execute any of the rights mentioned, directing a request to email@example.com. Once received the request in the terms provided by Fitgure™®, it will be processed as established by law.
FITGURE GROUP VNC, identified with tax identification number NIT 1.013.588.666–7 based in Bogotá D.C., Colombia, email firstname.lastname@example.org ("Fitgure™®"or "We"), makes available and knowledge of The Holders of Personal Data that are treated in any way by us or through our platform, this information processing policy (the "Policy"), thus complying with Law 1581 of 2012 and Decree 1377 of 2013 (Colombia).
The main purpose of this Policy is to make the Personal Data Holders aware of and available to them, the rights that assist them, the procedures and mechanisms provided by Fitgure ™ ®, to make them effective, detailing and making known the scope and purpose of the Treatment to which the Personal Data will be subjected if the Holder grants his express, prior, and informed authorization, at the time of registering and using the services offered by Fitgure ™ ®.
The expressions used in capital letters in this Policy shall have the meaning given to them herein or the meaning given to them by applicable law or jurisprudence, as amended from time to time.
"Authorization": This is the prior, express, and informed consent of the Owner to carry out the processing of his/her Personal Data.
"Database": This is the organized set of Personal Data that is processed, electronic or not, whatever the modality of its formation, storage, organization, and access.
"Financial Data": This is any Personal Data relating to the birth, execution, and termination of monetary obligations, regardless of the nature of the contract giving rise to them, the Processing of which is governed by Law 1266 of 2008 or the rules that complement, modify, or add it.
"Personal Data": This is any information of any kind, linked or that may be associated with one or more natural or legal persons determined or determinable.
"Public Data": It is personal data qualified as such according to the mandates of the law or the Political Constitution (Colombia) and the one that is not semi-private, private, or sensitive. Data relating to the marital status of persons, their profession or trade, their status as a trader or public servant and those which may be obtained without reservation are public. By their nature, public data may be contained, interless, in public records, public documents, gazettes and official bulletins, duly executed court rulings that are not subject to reservation.
"Sensitive Data": This is Personal Data that affects the Privacy of the Owner or whose misuse may result in discrimination, such as those revealing trade union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical beliefs, membership of trade unions, social organizations, human rights organizations or promoting the interests of any political party or guaranteeing the rights and guarantees of opposition political parties , as well as data on health, sex life, and biometric data.
"Data Processor": It is the natural or legal person, public or private, who by himself or in association with others, performs the Processing of Personal Data on assistance of the Data Controller.
"Authorized": Fitgure™®. and all persons under Fitgure™®., who under the Authorization and these Policies have the legitimacy to Process the Owner's Personal Data. The Authorized includes the Enabled gender.
"Enabling": It is the legitimacy that expressly and in writing by contract or document that makes its times, grants Fitgure™®. to third parties, in compliance with applicable law, for the processing of Personal Data, making such third parties In charge of the Processing of Personal Data delivered or made available.
"Data Controller": It is the natural or legal person, public or private, who by himself or in association with others, decides on the Database and/or the Processing of Personal Data.
"Owner of Personal Data”: It is the natural or legal person to whom the information resting in a database refers, and who is the subject of the right of habeas data.
"Transfer": It is the Processing of Personal Data that involves the communication of these within or outside the territory of the Republic of Colombia when it is intended to carry out a Processing by the Processor on without the Responsibility.
"Transmission": It is the activity of Processing Personal Data through which they are communicated, internally or with third parties, within or outside the territory of the Republic of Colombia, when such communication is intended to carry out any Processing activity by the recipient of the Personal Data.
"Processing of Personal Data": It is any systematic operation and procedure, electronic or not, that allows the collection, retention, ordering, storage, modification, relationship, use, circulation, evaluation, blocking, destruction and in general, the processing of Personal Data, as well as its transfer to third parties through communications, queries, interconnections, assignments, data messages.
Fitgure™®, in the development of its commercial and operational activities will collect, use, store, transmit and carry out various operations on the personal data of the Owners. In all Processing of Personal Data carried out by Fitgure™®, the Data Controllers, Processors and/or third parties to whom Personal Data is transferred, must comply with the principles and rules established in the law and this Policy, to guarantee the right to the assets dates from the Holders and to comply with Fitgure's obligations of law™®. These principles are:
• Prior Authorization: All Processing of Personal Data will be carried out once the Prior, Express and Informed Authorization of the Owner has been obtained, unless the law establishes an exception to this rule. In the event that the Personal Data has been obtained prior to the law, Fitgure™® will seek the relevant ordinary and alternative means to summon the Holders and obtain their retroactive authorization, in accordance with the provisions of Decree 1377 and the agreed rules.
• Authorized Purpose: Any activity of Processing Personal Data must obey the purposes mentioned in this Policy or in the Authorization granted by the Holder of Personal Data, or in the specific documents where each type or process of Processing of Personal Data is regulated. The purpose of the particular Processing of a Personal Data must be informed to the Owner of the Personal Data at the time of obtaining its Authorization. Personal Data may not be processed outside the purposes reported and consented to by the Data Subjects.
• Data Quality: The Personal Data subject to Processing must be truthful, complete, accurate, up-to-date, verifiable and understandable. Where partial, incomplete, fractional or error-induced Personal Data is in possession of Personal Data, Fitgure™® must refrain from Processing it, or request its owner to complete or correct the information.
• Delivery of information to the Owner: When requested by the Owner, Fitgure™® must provide the information about the existence of Personal Data concerning the applicant. This delivery of information will be carried out by the dependence of the Fitgure™® responsible for the protection of personal data (see point 6 of this document).
• Restricted Circulation: Personal Data may only be processed by Fitgure staff™® who are authorized to do so, or who within their duties are responsible for carrying out such activities. Personal Data may not be given to those who do not have Authorization or have not been Enabled by Fitgure™® to carry out this process.
• Temporaryity: Fitgure™® will not use the owner's information beyond the reasonable period of time required by the purpose that was informed to the Data Subject.
• Restricted Access: Except for Expressly Authorized Data, Fitgure™® may not make Personal Data available for access via the Internet or other mass means of communication, unless technical and security measures are in place to control access and restrict it only to Authorized Persons.
• Confidentiality and Subsequent Processing: Any Personal Data other than Public Data must be treated by the Data Controllers as confidential, even when the contractual relationship or the link between the Personal Data Holder and Fitgure™® has ended. At the termination of such link, such Personal Data must continue to be Processed in accordance with this Policy and the Law.
• Individuality: Fitgure™® will keep separately the databases in which it has the quality of Manager, from the databases in which it is Responsible.
• Need: Personal Data may only be processed for as long as the purpose of its Processing justifies it.
By accessing Fitgure™®'s platform and services, the User must provide certain identifying information to complete a profile. The information that Fitgure™® may request from users may include but is not limited to: (a) contact details such as first and last names, telephones, email, etc., (b) Personal data such as age, gender, weight, height, etc., (c) payment details.
The Personal Data processed by Fitgure™® must be strictly subject to the scope and purposes indicated below. Likewise, Processors or third parties who have access to Personal Data by law or contract, must properly maintain and follow the Processing within the following:
• Manage all the information necessary for the fulfillment of Fitgure™®'s tax and business, corporate and accounting.
• Comply with Fitgure™®'s internal processes in terms of supplier and contractor management.
• Comply with service contracts concluded with Users and/or customers, including those resulting from acceptance of the terms and conditions, where applicable, that are published on one or more of Fitgure™®'s websites and/or mobile applications.
• Provide the services in accordance with the needs of Fitgure™® Users, including, but not limited to, verifying subscriptions and/or rights of individuals to whom Fitgure™® Users must use the Services, use Personal Data for marketing and/or marketing of new services or products.
• The other purposes determined by the Responsible in processes of obtaining Personal Data for their Processing and that are communicated to the Holders at the time of the collection of personal data.
• Control and prevention of fraud and money laundering including, but not limited to, consultation on restrictive lists, and all necessary information required for SARLAFT.
• The process of fileing, updating systems, protecting and guarding Fitgure information and databases™®.
• Processes within Fitgure™® for development or operational and/or system management purposes.
• The transmission of data to third parties with whom contracts have been concluded for this purpose, for commercial, administrative, marketing and/or operational purposes including, but not limited to the issuance of cards, personalized certificates, and certifications to third parties, in accordance with the legal provisions in force.
• Maintain and process by computer or other means, any information related to the customer's business in order to provide the relevant services and products.
• The other purposes determined by the Responsible in the processes of obtaining Personal Data for their Processing, in order to comply with the legal and regulatory obligations, as well as the policies of Fitgure™®.
Without prejudice to the generality of the purposes set out above, Fitgure™®, athletes, fitness influencers, personal trainers and/or exercise professionals, or other third parties who have entered into commercial agreements with Fitgure™® shall apply to them, in addition to the above provisions, the following:
They may collect information through satisfaction surveys, ratings or general customer feedback in relation to the services solely for the following purposes:
• As an analysis tool to do marketing studies or commercial research or statistics.
• To provide services, develop new offerings and protect Fitgure™®, athletes, fitness influencers, personal trainers and/or exercise professionals or other third parties who have entered into business agreements with Fitgure™® and our users.
• To personalize the services and improve your experience, including: to personalize exercise experience according to your personal preferences, communicate offers tailored to personal preferences, either with your consent or because we have a legitimate interest in doing so.
• So that you can participate in raffles, contests, and other promotions, and to manage such activities. Some of these activities have additional rules, which may contain additional information about how we use and disclose Personal Data. Such rules or guidelines shall be specified, disclosed and defined, prior to the development of the corresponding activity.
• To be contacted by Fitgure's customer service area™® and follow up on user complaints and requests.
In accordance with the law, Personal Data Owners have the following rights:
• Know, update, and rectify your Personal Data in front of Fitgure ™ ® or those in charge of the Treatment of these. This right may be executed, among others against partial, inaccurate, incomplete, fractional data, that are mistaken, or those whose Processing is expressly prohibited or has not been authorized.
• Request proof of authorization granted to Fitgure™®, unless required by law that such Authorization is not necessary.
• Submit requests to Fitgure™® or The Data Processor regarding the use of your Personal Data, and to have it provided to you with such information.
• Submit complaints to the Superintendency of Industry and Commerce for violations of the law.
• Revoke Authorization and/or request the deletion of Personal Data from Fitgure™®'s databases when Superintendency of Industry and Commerce has determined by final administrative act that in the Processing by Fitgure™® or the Data Processor has engaging in conduct contrary to the law or when there is no legal or contractual obligation to keep the Personal Data in the Data Controller's database.
• Request free access to and access to the Personal Data that has been processed in accordance with Article 21 of Decree 1377 of 2013.
• Know the modifications to the terms of this Policy in a prior and efficient manner to the implementation of the new modifications or, if not, the new information processing policy.
• Have easy access to the text of this Policy and its modifications.
• Easily access to Personal Data under Fitgure™® 's control to effectively execute the rights that the law grants to Holders.
• Know the dependency or person empowered by Fitgure™® against whom you may file complaints, inquiries, complaints and any other requests about your Personal Data.
Holders may execute their rights of law and perform the procedures set out in this Policy, by submitting their citizenship card or original identification document. Minors may exercise their rights personally, together with their parents and/or adults who demonstrate their parental authority and attend to the acceptance of these Privacy Policies, who must prove it through the relevant documentation. Likewise, they may exercise the rights of the Owner, the successors who prove such quality, the representative and / or attorney of the holder with the corresponding accreditation and those who have made a stipulation in favor of another or for another.
Fitgure™® has appointed Customer Service as Responsible for the receipt and attention of requests, complaints, and inquiries of all kinds related to Personal Data. The customer service person will process inquiries and complaints regarding Personal Data in accordance with the Law and this policy.
Some of the particular functions of this area in relation to Personal Data are:
• Receive requests from Personal Data Owners, process and respond to those based on the law or these Policies, such as requests for: updating Personal Data, knowing Personal Data; deleting Personal Data (when the Owner presents a copy of the decision of the Superintendency of Industry and Commerce in accordance with the provisions of the law); information about the use given to his Personal Data; updating the Personal Data; proof of the Authorization granted, when ithas proceeded according to the law.
• Respond to The Holders of Personal Data on requests that do not proceed in accordance with the Law.
For direct contact with Customer Service, the currently enabled channel is email@example.com.
Inquiries: Fitgure™® will have mechanisms for the Owner, its successors, its attorney and/or representatives, those who have been stipulated in favor of another or for another, and/or the representatives of minors Holders, to make inquiries regarding what are the Personal Data of the Owner that rest in the Fitgure™® Databases. These mechanisms will be addressed via email via firstname.lastname@example.org. Fitgure™® will save proof of the query and its response.
• If the applicant has the capacity to formulate the consultation, in accordance with the accreditation criteria established in Law 1581 and Decree 1377 (Colombia), Fitgure™® shall collect all information about the Holder that is contained in that person's individual registration or which is linked to the Identification of the Holder within Fitgure™®'s databases and make it known to the applicant.
• The Person responsible for attending the consultation will respond to the applicant if he/she is entitled to it because he/she is the Owner of the Personal Data, his successor, attorney, representative, has been stipulated by another or for another, that is, the legal responsible in the case of minors.
• If the application cannot be met within ten (10) business days, the applicant will be contacted to inform him of the reasons why the status of his application is in process. The same or similar means as the one used by the Holder to communicate his request will be used for this purpose.
Claims: Fitgure™® has mechanisms for the Owner, its successors, representative and/or attorney, those stipulated by another or for another, and/or representatives of minors Holders, to make claims regarding: Personal Data Processed by Fitgure™® which must be corrected, updated or deleted; the alleged breach of Fitgure™®'s duties of law.
These mechanisms will be addressed via email through email@example.com. Fitgure™® will save proof of the query and its response.
(a) The claim must be filed by the Owner, his successors or representatives or accredited in accordance with Law 1581 and Decree 1377, as well:
You should contact Fitgure™® via email to firstname.lastname@example.org,following:
• It must contain the name and identification document of the Holder.
• It shall contain a description of the facts that give rise to the claim and the objective pursued (update, correction or elimination, performance of duties).
• You must provide the address and contact details and identification of the claimant.
• It must be accompanied by all documentation that the complainant wants to enforce.
• Upon attention of the claim, Fitgure™® will verify the identity of the Personal Data Holder, its representative and/or attorney, or the accreditation that there was a stipulation for another or another. To do this, you can require the holder's original citizenship card or identification document, and the special, general or document powers required as the case may be.
(b) If the claim or additional documentation is incomplete, Fitgure™® will require the claimant for a single time to complete the failures. If the complainant does not submit the required documentation and information within five (5) business days of the date of the initial claim, the claim shall be deemed to have desisted from the claim.
(c) If for any reason the person receiving the claim within Fitgure™® does not have jurisdiction to resolve it, it shall transfer the case to the business leader, and shall inform the complainant of such referral.
(d) Upon receipt of the claim with complete documentation, it will be included in the Fitgure™® Database which records of the Owner's Data holder to claim are keeping, with a tracking label "Claim pending” along with the description. Such label must be maintained until the claim is decided.
This document is based on the Terms and Conditions of Use established for Fitgure™® (See Terms and Conditions of Use), which by validating acceptance verification when downloading the app and/or registering on the platform and/or entering the system and/or using Fitgure™®'s services are accepted by the User and will be contemplated in any event as a User.
This Policy applies as of December 9, 2020. The Personal Data that is stored, used or transmitted will remain in our Database, based on the criterion of temporality and necessity, for as long as necessary for the purposes mentioned in this Policy, for which they were collected.