Aspiration map

Aspiration Finder©
Notes relating to the processing of personal data
These rules and guidelines describe the ways in which your personal data will be processed by the software application "Aspiration Finder©" (the "Application") property of Technogym S.p.A., a company incorporated in Italy with operating address in Via G. Perticari no. 20 - 47035 Gambettola (FC) Italy ("Technogym"). The Application is licensed and made available on the web at Aquafit - 20 - 22 OLD MENANGLE ROAD Campbelltown - 2560 - NSW (the "Operator").
The Application may be accessible through the website www.technogym.com (the "Site") or integrated within the website of the Operator.
The Application allows you to define the aspirations that drive you to engage in physical activity. This is done by automatic processing of certain personal data collected, processed and stored by the Application's database. These data are processed solely on behalf of the Operator, which therefore has onwership of the related processing. Technogym may use the data collected overall by the Application only in aggregate form to improve the service and in any case subject to its anonymisation.
These notes therefore do not constitute an information notice on data privacy for regulatory purposes applicable to the Operator. We ask users to read the information notice that the Operator is required to produce regarding the processing of personal data. Nevertheless, we ask you to carefully read this document to understand the policies and the purposes underlying the processing of the data by the Application.

1. Type of data collected and acquisition methods.
   Use of the Application involves the acquisition and processing of personal data relating to personal details (such as name, surname, e-mail address, telephone number) and data relating to personal preferences gathered through a questionnaire and processed automatically. In any event, it is information that users enters of their own free will and is not collected automatically, other than its subsequent processing by the Application.
2. Purposes and methods of processing the data.
   All the data collected in the Application's database will be used to identify the user's aspirations, as well as satisfying the resulting legal requirements, subject to additional purposes that the Operator must make known in its data privacy information notice.
3. Place where the personal data will be stored.
   The recording of the data implies the acceptance that the data will be stored in the Application database on servers located in Italy, subject to supervision and control by Technogym and/or its chosen suppliers of web hosting and conservative and/or evolutive maintenance services. This Database will be made available to the Operator and maintained on behalf of the Operator, which shall retain all the legal responsibilities regarding the processing of the personal data. However, please note that the transmission of data via Internet nevertheless has certain risks and, even though Technogym adheres to appropriate levels of security, we can not guarantee complete security. All transfers of data on the Internet take place at the risk of the registered user. From the moment we receive the data in our database, we will apply all measures and procedures to prevent unauthorised access or any damage.
4. Persons or categories of persons to whom the personal data may be communicated or who have access to the data as controllers or processors and scope of dissemination of the data.
   Personal data entered into the database will be available to and used by the Operator in accordance with the aims identified by it. The Operator may, in turn, engage its employed or freelance staff for the processing of the data according to the purposes defined independently by Operator.
5. Duration of the processing.
   The duration of the storage and processing of data in the database will be established and managed by the Operator under its sole responsibility. Please check the relevant conditions with your Operator.

Mywellness® Service Privacy Policy of Technogym®

 

1. Data Controller and contact details

Technogym S.p.A., headquartered at Via Calcinaro 2861, 47521 Cesena (FC), Italy (hereinafter also referred to simply as “Technogym”) will collect and process your personal data relating to services offered on the Mywellness® platform, for the purposes indicated below. This privacy policy statement allows you to understand what data we collect, why we collect it, and how we use it.

You may contact us through our Data Protection Officer (“DPO”) at the address dpo@technogym.com or by writing to us by ordinary post, marking the letter for the attention of the DPO at Technogym S.p.A. at via Calcinaro 2861, 47521 Cesena (FC), Italy.

To know your rights, please visit the section “Rights of the Data Subject” below.

 

2. When does this policy statement apply?

This section contains details of the data processing operations carried out by Technogym in connection with the services on the Mywellness® platform which are governed by the Terms and Conditions for use of the Mywellness® platform. The user accepts these terms and conditions when registering for the service, and the services are delivered via the website www.mywellness.com, the Technogym mobile apps or training equipment built into the platform and connected to the Internet (the “Mywellness® Service”).

If you train at a gym that uses the Mywellness platform

This policy statement does not apply to the processing of personal data by third parties offering services that are complementary to the Mywellness® platform, such as a gym, hotel, company gym or another facility (hereinafter also referred to simply as the “Facility”). In such cases your contractual relationship is directly with the Facility, to which Technogym provides services through the Mywellness® professional platform, but only as a service provider and data coordinator. For these cases, please refer to the privacy policy statement provided by the Facility, which you can obtain directly from them or, if you are also registered for the Mywellness® Service, you will find on the website in the section “Your gyms” under “Settings” in your reserved area, if the facilities have uploaded it online.

If you train at a gym that uses the Mywellness® platform and you are also registered for the Mywellness® Service

If you register or have already registered for the Mywellness® Service and decide now or in the future to share with Technogym the data controlled by the Facility, Technogym will start to process that data in the capacity of an independent data controller, and therefore the contents of this privacy policy statement will also apply in addition to that of the Facility (or Facilities) at which you train.

As this privacy policy statement is limited to the processing of personal data in connection with the Mywellness® Service, please note that if you have visited www.technogym.com or visit that site in the future, if you have bought or buy a Technogym® product or service or if you make contact with Technogym in any other way (for example by telephone, to find out more about its products or the company), Technogym will process your personal details in accordance with the “Technogym Privacy Policy Statement”.

 

3. Purposes and legal basis of the data processing

We will process your personal data:

• In order to fulfil our contractual obligations in relation to the delivery of the Mywellness® Service, we will process all the personal data acquired during registration and the provision of the Mywellness® Service, such as identification details, details of the device, geo-localisation, wearable mobile devices or contact details;
• With your consent and in order to fulfil our contractual obligations and deliver the Mywellness® Service to you, we will process certain categories of special data, specifically your health data. You may revoke the consent previously given for these processing activities at any time, simply by deleting your account using the “Delete mywellness account” function in the “Account settings” section of the reserved area of the Mywellness® Service. In such a case, we will no longer process your data and will no longer be able to provide you with the Mywellness® Service;
• With your consent, to use your personal data for marketing and market research purposes, or to involve you in other commercial or promotional campaigns in addition to the sending of newsletters (you can unsubscribe from newsletters at any time by selecting “unsubscribe”) relating to other products and/or services offered by Technogym. If these services are offered in partnership with third parties, they will never have access to your data without your specific consent. Any promotional communications we send out may include content related to market research. They may be sent by email, social networks or telephone calls. You may adjust your consent settings at any time in the “Notifications” section of your personal area, or revoke consent previously given for such promotional activities, without any formal procedure;
• Based on the legitimate interests of Technogym, to analyse and improve our products and services; prepare anonymous datasets for our research and development; guarantee the quality of customer service; manage relations with Facilities; manage and internally control our activities; manage the loss and/or destruction of data or unauthorised access; collect and process anonymised data about the devices used for the Mywellness® Service in order to obtain useful information about how people use the service; if necessary, exercise our right to take legal action. In accordance with our legitimate interests we may send you promotional communications about similar products or services to those you have bought in the past. You may object to these communications at any time;
• To comply with any other obligations deriving from the applicable laws or orders made by the authorities, including accounting and tax obligations, and product warranties.

 

4. The data we process

We process:

• Your ordinary personal data (contact details, email address etc.).
• Personal details belonging to special categories, specifically: data about your health which is necessary for the provision and proper functioning of the Mywellness® Service;
• Details of your geographical location, if you allow this.

 

5. Recipients of your personal data

Depending on the case, your data may be disclosed to other parties. Specifically, depending on the particular service you have requested, your data may be disclosed to any of the following:

• The Facilities at which you train, who will process the data as an independent data controller, if and to the extent that you decide to share the data with them/unless you decide not to share the data with any of them. You can manage your preferences using the “Your gyms” section in the “Settings” section of your personal Mywellness® area. To obtain information about the data processing carried out by these data controllers, please refer to their privacy policy statements;
• Third parties (as independent data controllers) who offer you their products or services directly, who you allow to connect to the Mywellness® Service (for example if you use a wearable mobile device, to track your training and connect that device to the Mywellness® Service, or if you share your training sessions on Facebook). To obtain information about the data processing carried out by these data controllers, please refer to their privacy policy statements;
• With other users (for example anyone taking part in the same Challenge, or training with Technogym® Live); for these functions, you can change the settings on your profile by accessing the “My Details” Section, “Profile Preferences”;
• Other parties who are required to know the data in accordance with current legislation. In such cases, Technogym will merely communicate the data that is strictly necessary in accordance with the principle of proportionality and minimal processing.

 

6. International transfers

When we transfer your data to third parties based outside the EU or to countries that cannot guarantee an adequate level of data protection, we will do so after stipulating appropriate contractual guarantees with the third party provider, based on the provisions of the European data protection regulation (GDPR, directive 2016/679).

 

7. Period of retention of data

Your personal data will be processed for the entire time during which your registration to the Mywellness® Service is active. It will be anonymised immediately at the time of erasure. Technogym may continue to process your personal data as data controller, on behalf of a Facility of which you are a member. You will need to ask the Facility to indicate the relevant period of retention.

After 5 years of inactivity, Technogym will send you two quarterly reminders that you can request the erasure of your personal data and/or reminding you of your right to portability (see the section “Rights of the data subject” for more information). On expiry of the second reminder, your data will be definitively anonymised if you do not reply.

In the event of erasure it will no longer be possible for you to recover the data.

Please remember that if you have decided to share your personal Mywellness® data with the Facility, the erasure of your data by Technogym will not mean that it is also erased by the Facilities. To erase the data completely you will need to contact the Facility and follow the instructions in their privacy policy statement.

 

8. Minors

Children under the age of 16 (“Minors”) may only use the Mywellness® Service under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register for the Mywellness® Service with consent from their parent(s) or guardian(s) (“Parental Consent”). Minors may register for the Mywellness® Service by providing the e-mail address of one of their parents or guardians. Technogym will send an e-mail to the parent or guardian’s address asking them to authorise the Minor’s registration. Technogym will only confirm the registration and activate the Minor’s account to enable him or her to use the Mywellness® Service, once that consent has been obtained. If Technogym obtains no reply to a request for Parental Consent within 15 days, the request for registration of the Minor will be cancelled and all personal data will be deleted.

Technogym does not knowingly collect any information or data on Minors and does not allow them to register without Parental Consent. If Technogym discovers that any data collected in the Database relates to a Minor and that it was collected without valid Parental Consent, Technogym will delete this data at the earliest opportunity possible.

 

9. Rights of the data subject

You have the right to know which personal data is being processed. In particular, you have the right of access, rectification and erasure and the right to portability of data, the right to limit the processing and the right to object to the processing, where the conditions are met. If the data is processed for marketing purposes, or is based on our legitimate interests, you may object to it at any time. For more information about the processing of your personal data, or to exercise your right, you can contact the email address dpo@technogym.com or write to us by ordinary post, sending a letter marked for the attention of the Data Protection Officer at Technogym S.p.A., Via Calcinaro 2861, 47521 Cesena (FC), Italy.

Below is a brief illustration of your rights in relation to the processing of your personal data.

1. The right of access enables you to obtain confirmation of whether or not Technogym is processing your personal data and if necessary access that data and the related information;
2. The right of rectification allows you to obtain the modification of inaccurate personal details without unjustified delay and, taking into account the purposes of the data processing, to obtain the integration of incomplete data;
3. The right to erasure enables you to obtain the erasure of your data without unjustified delay (e.g. when your personal data is no longer required for the purpose for which it was collected), subject to the exceptions provided for by the applicable laws (e.g. when the retention of your data is necessary in order to comply with legal obligations applicable to the data controller);
4. The right to data portability allows you to receive your personal data, as supplied to Technogym, in certain circumstances provided for by the applicable laws, in a structured, commonly used, legible format from an automated device. You may send this data to another data controller provided that this right is permitted under the applicable laws, and except where this could harm the rights and freedoms of others; for certain services we have put in place automated portability systems which you will find on your account.
5. The right to limit the data processing allows you to limit the processing of your personal data in certain circumstances as provided for by the applicable laws. In such cases Technogym may continue to process your data, but only in certain cases, for example in order to exercise its right of defence and to protect the rights of another natural or legal person;
6. The right to object to data processing allows you, in certain circumstances provided for by the applicable laws, to object to the processing of your personal data unless there are prevailing legitimate reasons, rights or freedoms that would allow Technogym to continue to process the data;

 

If there are reasons connected to your specific situation, you may object to the processing of your personal data at any time if it is based on a legitimate interest of Technogym or of a third party. In such cases, Technogym will no longer process the data unless there are other legitimate reasons to proceed with the processing.

 

At any time you may complain to the Data Protection Authority if you consider that you have not obtained a satisfactory response from Technogym in relation to your rights or if you consider that they have been violated.

 

If the personal data on your Mywellness account is shared with other parties who process that data in the capacity of independent data controller (e.g. the Facilities, third parties offering products or services connected to your Mywellness account), you will have to exercise your rights with those data controllers, following the instructions contained in their privacy policy statements. Technogym, in accordance with the principles of privacy by design and privacy by default, may supply you with tools to facilitate the exercise of your rights, also with those parties with whom Technogym has entered into agreements in that regard. You can find these tools on your Mywellness account.

Terms and conditions

 

The Mywellness® service (the “Service”) is provided by Technogym S.p.A. (the “Administrator” or “Technogym”) on the website www.mywellness.com (the “Website”) and through the related applications, including the Mywellness® App. The Administrator is an Italian company with its registered head office at Via Calcinaro No 2861, 47521 Cesena (FC), Tax Code and VAT No 06250230965, listed on the FC Economic Administrative Index under No 315187 and on the Forlì-Cesena Company Register under No 06250230965, with a fully paid-up Share Capital of €10,050,250.00 fully paid – SIAE licence 4585/I/3228.

Through the Service, Technogym intends to promote a Wellness lifestyle in a digital environment where, thanks to smartphones, tablets and new technologies, everyone is always connected to their own content.

Technogym has created a platform that lets people who work out access data, content and training programmes whenever and wherever they want, turning the desire to exercise into a personalised, “on-the-go” experience.

To do this in complete safety, physical parameters need to be monitored before, during and after training.

The service organised by Technogym on www.mywellness.com includes (a) the archiving, organisation and processing of data, including identifiable data such as photos, names and surnames, dates of birth, e-mail addresses, weight and height in a database accessible remotely through the Website or via a mobile connection (the “Database”); (b) the organisation of personalised training sessions or sports competitions and the use of multimedia content (hereinafter (a) and (b) collectively the “Service”).

The terms and conditions set out below apply to the content of the Website and to the provision of the Service. Together with any pages or documents governed by these terms and conditions, they constitute the terms and conditions adopted by the Administrator for use of the Website and Service by the end User (as defined later on). To use the Website and Service, you must have carefully read and accepted these Terms and Conditions of use of the Website and Service (the “Terms and Conditions”). By using the Service and/or visiting the Website, you fully accept the Terms and Conditions.

These Terms and Conditions apply to any access and use of the Website at the address www.mywellness.com and to any mobile apps integrated with the Service for any permitted platforms. These Terms and Conditions do not amend, but rather supplement, any other existing legal terms and conditions between us and the User. If you are using the Service on behalf of another legal entity, we shall assume that when accessing the Website and/or Service you are authorised and entitled to accept these Terms and Conditions on behalf of the entity you represent.

People under the age of 18 (“Minors”) may only use the Service under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register for the Service with consent from their parent(s) or guardian(s) (“Parental Consent”). Minors may register for the Service by providing the e-mail address of one of their parents or guardians. Technogym will send an e-mail to the parent or guardian’s address asking them to authorise the Minor’s registration. Only once this consent has been granted may the Minor’s registration to the Service be completed.

Technogym does not knowingly collect any information or data on Minors and does not allow them to register without Parental Consent. If Technogym discovers that any data collected in the Database relates to a Minor and that it was collected without valid Parental Consent, Technogym will delete this data at the earliest opportunity possible.

The Administrator reserves the right to amend the terms and conditions of use set out below at any time by simply updating this page of legal notices. Data subjects should therefore check the latest version of these Terms and Conditions each time they access the Service. Some of the following terms or conditions may be changed or superseded by other provisions relating to certain features or content of the Service, for which a fee may also be charged.

The Administrator may also provide additional services for the processing of data on behalf of the fitness centre (the “Wellness Operator”) used by the data subject.

 

1. Registration for the website and service

Access to the Website and Service requires the registration of a personal account. The conditions for the processing of personal data collected at the registration stage and during delivery of the Service can be found here: Privacy Policy.

Users declare and accept that they shall: (i) provide accurate, up-to-date and complete information when registering, logging in and/or subscribing to the Website and Service (“Registration Data”); (ii) keep their password and identification code secret; (iii) keep their Registration Data and any other information provided constantly updated, complete and accurate.

Each registration to the Website and Service is only valid for one User. Any identification code, password, username or other information form part of the security systems and procedures launched by the Administrator to protect the system and the data stored in the Database. They may not be disclosed to anyone or within a group, even a closed group. The Administrator reserves the right to disable the identification code, password and/or username of any User of the Service if, at the Administrator’s sole discretion, a breach is discovered of any of these Terms and Conditions.

Users are solely responsible for keeping their password secret and for its use and shall assume all risks regarding their password.

 

2. Access to the website and service

The Service and/or Website are constantly changing and the format and nature of the Service and/or Website may change without prior warning. The Service (or certain features) may also be suspended (permanently or temporarily) for individuals or all Users without prior warning. We also reserve the right to restrict the use and archiving of data and/or material owned by the User (as defined below), at our discretion and without prior warning.

The Administrator shall make all reasonable efforts (according to the market standards applied for similar services) to ensure that the Website and/or Service are always accessible. However, the Administrator shall not be held liable if, for any reason, the Website and/or Service are temporarily or permanently unavailable. In any event, any service levels that may be agreed upon from time to time based on the User’s Service agreement shall continue to apply.

Suspension/Interruption

Access to the Website and/or Service may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required or for any other reasons beyond the Administrator’s reasonable control. We also reserve the right to interrupt access to the Website or Service at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the provision of the Service are breached. Nevertheless, Technogym shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of Service or access to the Website.

User’s responsibility

Users are responsible for activating and maintaining all the agreements and services that enable access to the Website and/or Service and for managing their own log-in and authentication credentials to the Website and Service.

Users accept all obligations and responsibilities for any adaptation of their hardware, software or other equipment, or for the repair, maintenance or correction of this equipment necessary to use the features of the Service provided by the Administrator.

Use of the MyWellness®Key

When Users access the Service by using the Mywellness®key, it may require the use of the Mywellness®key Link software.

 

3. Amendments or interruptions to the website or service

We shall make reasonable efforts to ensure that the information published on the Website and/or provided as part of the Service is correct; although we cannot make any guarantees that this information is accurate and complete. The Administrator may change the content or the descriptions of products and/or the Services and/or the features available and any other aspect of the Website and/or Service at any time, including without prior warning. The Administrator shall not accept any obligations or commitments to update the content and material published on the Website or provided as part of the Service.

We will only send you information about the Service electronically, for example by email to the email address you supplied to us when registering for the Service.

 

4. Warnings

Personal training services

The Service may include personal training services, delivered by a personal trainer appointed by the Administrator, based on the mental and physical health conditions communicated by the User from time to time. The User should have periodic health checkups, and must provide a medical certificate confirming sound and robust constitution, valid for the current year. The User expressly exempts Technogym from any responsibility whatsoever for any injury or damage resulting from his/her state of health. Technogym may suspend the personal training services if it is found that the User is not in an adequate state of health for physical activity or has not provided details of any changes in his/her state of health. Technogym does not provide medical services and is not responsible for checking the User’s state of health.

Training classes and distance training programmes.

Through the Service, the User can access digital content intended for generic use, which does not take into account the state of health or physical condition of the User. Technogym is unable to verify the User’s state of health or physical condition in relation to a selected training class or training programme. Users should therefore have regular health check-ups with their GP, who is solely responsible for providing diagnoses, treatment and health assessments for Users, in relation to physical activity.

Formulas

The User can access formulas for the processing of data (including the User’s training data) obtained through the Service. These formulas are based on the most widely accredited scientific literature and the sole purpose is to provide general guidelines for the User’s convenience. Users recognise and accept that any automatic processing performed by the system is not a medical diagnosis or opinion, and that Users may not rely on this information, partly because the Administrator does not issue any guarantee or declaration of its reliability, nor does it intend to provide services that are by law reserved for healthcare professions. Users should have regular health check-ups with their GP, who is solely responsible for providing diagnoses, treatment and health assessments for Users.

Personal activities and notes

The Service also provides Users with a diary feature that lets them organise and make notes on their own daily activities. Users should be aware that by entering information into this section of the Database, the Administrator will have free access to this information. Users therefore waive any right to confidentiality over the information entered and when making notes on these activities they shall comply with all the provisions of these terms and conditions. This does not affect any legally binding limitations and provisions, including personal data processing legislation.

Liability waiver

Everything published as part of the Service is issued without any guarantees, conditions or other terms. Similarly, without prejudice to any legally binding limitations, the Administrator allows Users to use the Service on the express condition that no declarations, guarantees, conditions or other limitations come into effect (including, without restriction, implicit guarantees of good quality, suitability for the proposed use and compliance with reasonable care and due diligence or with professional due diligence which, except for the exclusions of these terms and conditions, could have an effect on the content of the Service).

Exclusion of consultancy services

Papers, studies and other material on the Website or as part of the Service are not intended as professional consultation or recommendations to be relied on. Users recognise and accept that the Website and/or Service does not provide medical or healthcare services and that any material published does not replace professional medical consultation. Users recognise and accept that the Administrator is not responsible for any issues resulting from the confidence entrusted by the User, or by any other subject notified of this content, regarding the reliability of the data or content on the Website and/or Service.

 

5. Intellectual property rights and licensing conditions

Technogym’s property rights

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Service accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Website and/or Service belong to the Administrator or to its licensors. These works are protected by national and international copyright law and by existing international treaties. All rights over these works are expressly reserved. Any use is prohibited of the content of the Website and/or Service which has not been expressly granted by these Terms and Conditions or by a specific purchase order of the Service. If any of these Terms and Conditions are breached, the Administrator reserves the right to ban the use of the Website and Service and to request the immediate return or destruction of any material printed or downloaded from the Website or Database.

Limited licence rights

Subject to compliance with these Terms and Conditions and with any conditions for the provision of the Service, Users may print or download certain extracts from the Website and/or Database strictly for personal use, provided that:

• no documents or graphics are altered in any way;
• no illustrations, photographs, videos, audio clips or any other graphics are used separately from the reference text;
• the copyright declaration (copyright© Technogym) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Website or Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from the Administrator or the Wellness Operator, where appropriate.

Trademarks

Technogym®, the Technogym logo, Mywellness® and any other Technogym logo and product or service name are or may be trademarks owned by Technogym (“Technogym Trademarks”) or by third parties. Using or displaying Technogym Trademarks without Technogym’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Website or Service. With the sole exception of the above, all rights are reserved.

Unauthorised use

Any use of the Service or Website other than that permitted under these Terms and Conditions or the relative conditions for the provision of the Service, without prior written authorisation, is expressly prohibited and shall result in the withdrawal of any licences granted according to these Terms and Conditions. This unauthorised use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of the Service, under no circumstances should it be understood that licences for intellectual property rights have been implicitly or conclusively granted. All licences may be withdrawn at any time and on any grounds.

 

6. Sharing of data and rules on using the service

Personal data processing policy

Information about the processing of personal data by the Administrator can be found here: Privacy Policy. If the User has connected his or her account to a certain fitness centre (the “Facility” or “Wellness Operator”), the Wellness Operator must provide its own Data Processing Policy, as an independent data controller.

Registration for the Service involves the sharing of certain data. For more details please refer to the Privacy Policy.

Non-confidential information

Except for personal data which shall be processed according to the provisions above, any material, content, etc., sent or entered into the Database shall be considered non-confidential and non-proprietary. The Administrator therefore assumes no obligations regarding this information and material, and shall be authorised to make copies, send, disclose and use these materials for commercial and any other purposes.

Material owned by the User

The Website and the Service let people create, upload and share information on the Service. The Website and the Service let the User and all other users of the Service send, link, store or provide other users of the Service with a wide variety of information, texts and/or material owned by the User (“Material Owned by the User”). The User is the sole person responsible for the use of Material Owned by the User, which is done so at the User’s own risk. When sending any Material Owned by the User, the User declares and guarantees to have full legal access to this material. With regard to Material Owned by the User, the User agrees not to enter or send to or from the Website or Database any material:

1. that is intimidating, defamatory, obscene, indecent, inflammatory, offensive, pornographic, abusive, incites racial hatred, discriminatory, threatening, scandalous, provocative, blasphemous, detrimental to obligations of secrecy or privacy, or which may in any way be a nuisance or cause any damage;
2. for which the necessary licences or authorisations have not been acquired or which may, in any case, breach third-party rights or any national or supranational laws or regulations; or which may infringe upon any patents, trademarks, trade secrets or any other intellectual property rights or any other third-party rights;
3. which represents or encourages behaviour that might be considered a form of crime, which may give rise to any form of liability against anyone else, which is in any way illegal, against public order or morality, or which infringes upon third-party rights in any part of the world;
4. which causes damage (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, faulty parts, corrupt data or other software with detrimental or damaging content);
5. which may breach rights in the name or personal identity of natural or legal persons, or which falsely declares an affiliation with any natural or legal entity; or which supplies private information on third parties, such as addresses, telephone numbers, e-mail addresses, tax information and such;
6. which, at our sole discretion, is offensive or disgusting, or which restricts or influences the usability of the Website or Service for other users;
7. which may be considered spam or is generated randomly or automatically or contains commercial or ethically unacceptable material or content, or which encourages unlawful behaviour (including, for example, phishing activities), or which deceives recipients regarding the source of this material (for example, spoofing);
8. which breaches contracts with suppliers of data networks or other terms of supply for mobile devices;
9. which threatens the continuity of the Website or Service;
10. which abuses the Website or Service in any way (including, by way of example and without limitation, hacking).

We do not hold any ownership over Material Owned by the User but, by sending or uploading Material Owned by the User to the Website or Database, the User implicitly grants us an irrevocable, transferable, non-exclusive, royalty-free, sub-licensable licence without any territorial restrictions to use, reproduce, change, adapt, publish, translate, create derivative works, distribute, carry out or represent this Material Owned by the User for or as part of any other tool (whether known or subsequently released onto the market).

Removal of Material Owned by the User

As suppliers of interactive services, we cannot be held liable for any declarations, statements or any other Material Owned by the User or material posted on the Website by third parties, including owners of any advertisements. Even though we have no obligation whatsoever to check the material published on the Website by the User or by third parties, we still reserve the right, at our sole discretion, to examine, edit or remove any material published or archived on the Website or in the Database at any time and on any grounds, including without prior warning. The User is solely responsible for creating back-up copies or re-publishing Material Owned by the User, at the User’s own expense.

Indemnity

The User agrees to hold the Administrator and its subsidiaries, affiliates, employees, agents, partners and licensors harmless and to indemnify them from any demand or claim, including for reasonable legal costs, brought forward by any third party resulting from Material Owned by the User which is published or made accessible from/on the Website and/or as part of the Service, involving the connection to the Service or a breach of these Terms and Conditions or other parties’ rights.

Suggestions

The Website also offers a feature that lets people send suggestions and feedback on the Service and the Website. When submitting any ideas, suggestions, documents and/or proposals (“Contributions”) for our attention on the feedback page, Users agree that: (a) their Contributions do not contain confidential or proprietary information; (b) we are not subject to express or implicit obligations of confidentiality with regard to their Contributions; (c) we are authorised to use and disclose (or may choose not to use or divulge) their Contributions for any purposes, in any way and through any means anywhere in the world; (d) we may have similar material to the subject of the Contribution already in the design or development phase; (e) their Contributions automatically become our property without any obligations to the User; and (f) Users are not entitled to any sort of fee, indemnity or reimbursement under any circumstances.

 

7. Material owned by third parties

We allow our commercial partners to publish certain content on the Website or as part of the Service. We also allow or provide links to other websites or third-party content (collectively “Materials Owned by Third Parties”) in relation to the provision of Services. The Administrator does not control, sponsor or endorse any Material Owned by Third Parties and does not issue any declarations or guarantees for Material Owned by Third Parties. The Administrator does not accept any liability for Material Owned by Third Parties.

 

8. Links to or from other websites

Links on the Website to third-party websites are only offered to help Users. By using these links, you leave this Website. The Administrator has not checked the websites which are linked to the Website and has no control over or responsibility for how they are run, including their content or availability of use. The Administrator therefore does not make any guarantees or declarations regarding these websites or the material which can be found there or for any issue resulting from their use. As soon as visitors to the Website decide to access these links, they do so at their own responsibility and risk.

If Users wish to create their own link to the Website, they may do so only on condition that an effective link is created to the Website homepage and the content of the Website is not copied, and that:

1. the size or features of the Technogym® and Mywellness® trademarks or any other corresponding logo are not removed, distorted or in any other way altered;
2. no frames are created and/or no other browsers or backdrops are included around the Website;
3. this link does not imply directly or indirectly that the Administrator is promoting third-party products or services;
4. it does not attempt to represent, even surreptitiously, any form of relationship between the Administrator and the user of the link, and does not convey false or distorted information on behalf of the Administrator;
5. it does not attempt to use any trademark or logo from the Website without the Administrator’s prior express written consent;
6. this link is created by a website not run by the user registered on the Website;
7. the website of the User of the Website does not display any disgusting, offensive or controversial content or which may be detrimental to any intellectual property rights or any other third-party rights or which in any other way breaches legislation, regulations, public order or morality.

The Administrator is entitled to withdraw the User’s right at any time to create a link to the Website or to take any other measures which it deems necessary or appropriate even if just one of the terms and conditions laid down in this section has been breached.

The User shall keep indemnified the Administrator against any loss or damage incurred due to a breach of any of the terms and conditions established in this section.

 

9. Liability

Without prejudice to any legally binding limitations (such as any restrictions regarding consumer protection or for damage caused intentionally or through gross negligence), the Administrator cannot be held liable nor can any other party acting on its behalf (regardless of whether this party was involved in the creation, production, maintenance or fulfilment of the Service), nor can any other company of the Administrator’s group or any of their administrators, directors, employees, partners or agents, for any sum or for any type of damage incurred by the User or by any third party (including, by way of example and without limitation, any direct or indirect damage, actual damage, loss of profits, damage to goodwill, loss of data, contractual or non-contractual damage, inflation adjustment, interests or other aspects resulting from or in any way connected to the interruption of business, including purely due to omission or negligence, depending on contractual or non-contractual liability) that is in any way dependent on the provision of the Service or in any way connected to the use, inability to use or resultant use of the Service, or dependent on any other websites, applications or other devices connected to the Service or on material found on these websites, applications, etc., including, without limitation, any loss or damage caused by the spread of viruses which could infect the User’s electronic equipment (PC or other devices), software, data or other property used for access, use or browsing by the User or used to download material from the Database or from other websites or applications connected to the Service.

This limitation of liability is not intended to replace legally binding restrictions and does not come into effect in cases of wrongful intent or gross negligence.

 

10. Applicable laws and disputes

These terms and conditions are subject to Italian law, excluding international conflict-of-law rules and the UN Convention on the International Sale of Goods. The Italian judge at the Court of Bologna, Italy, shall have jurisdiction, within legally binding limitations, over any disputes resulting from these Terms and Conditions of Use of the Service. Nevertheless, it shall be agreed that, notwithstanding the above, the Administrator may bring the User before any competent jurisdiction or judge in the event that (a) payments owed by the User for use of the Service must be recovered; (b) it intends to seek protection for any breach of industrial or intellectual property. This clause is not intended to derogate from any legal provisions which lay down the competence of the consumer’s natural court of law, if the User is classed as a consumer according to applicable law.

For any clarifications on the Terms and Conditions above, or for any complaints or clarifications on material relating to the Service, please contact the Administrator at the following e-mail address: mywellnesscloud@technogym.com