Privacy Policy

Information document pursuant to Article 13 of EU Regulation 2016/679- GDPR

Information Notice for SPORTCLUBBY SRL APP - Processing of personal data collected from the data subject.

In compliance with the provisions of EU Regulation 2016/679 (European Data Protection Regulation), we are providing you with the necessary information regarding the processing of the personal data provided. The information notice is drawn up in accordance with Article 13 of EU  Regulation 2016/679 and in accordance with Opinion 02/2013 on applications (APPs) for smart devices drawn up by the Article 29 Working Party on Data Protection

1. DATA PROCESSING SUBJECTS

The Data Controller, pursuant to Articles 4 and 24 of EU Regulation 2016/679 is SPORTCLUBBY SRL with registered office in 10128 – Turin, Corso Re Umberto, 54, in the person of its pro-tempore legal representative.

2. TYPE OF DATA PROCESSED

Personal data: any information concerning a data subject, with particular reference to an identifier such as a name, an identification number, location data, an online identifier or one or more characteristic elements of the data subject's physical, physiological, genetic, mental, economic, cultural or social identity - see Article 4, para. 1, no. 1 GDPR.


Special categories of data e.g. racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, biometric or health-related data - see Article 9 GDPR.
Data subject means: “identified or identifiable natural person”.
Your personal, particular and judicial data will be processed within the limits and under the conditions provided for by current legislation.
 

DATI OF MINORS

Article 8 and Recital 38 of EU Regulation 2016/679 - Conditions applicable to the consent of minors, SPORTCLUBBY SRL offers services that are also addressed to minors. Minors deserve specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards involved as well as their rights in relation to the processing of personal data. The processing of personal data is lawful if the minor is at least 16 years old. If he/she is younger, the processing of personal data is lawful only if consent to such processing is given or authorised by the person exercising parental responsibility.
The parent may also create and manage their child/children’s profile directly from their own profile via the multi-account function in the application.
SPORTCLUBBY SRL will make reasonable efforts, taking into account available technology, to verify that consent is given or authorised by the person exercising parental responsibility. The Data Controller will immediately delete any personal data and any material acquired if it ascertains that the information shared by the minor is false. In no case shall it be held liable in any way for any potential false or misleading statements that may be provided by the minor.

3. PURPOSES OF THE PROCESSING | LEGAL BASIS | STORAGE

Purpose of the processing Legal Basis Data retention period
A) Data processing management for the use of the APP:
  1. Registration to the APP by creating an account in order to use the services offered. Registration can also take place through the Facebook and Instagram social networks: the social network will send the APP manager only the personal data necessary for user registration, without you having to manually enter the requested data;
  2. Assistance and maintenance purposes as well as the management of your account.
  3. The APP will have access to: history and device, location, phone, photos / multimedia elements / files on the device, external memory of the device, camera, connection information, device ID;
  4. Provide feedback to any requests for information that you wish to forward to us;
  5. Fulfillment of contractual obligations, of law and administrative-accounting purposes, i.e. connected to the performance of organizational, administrative, financial and accounting activities, regardless of the nature of the data processed. In particular, internal organizational activities, those functional to the fulfillment of contractual and pre-contractual obligations, information activities, pursue these purposes
  1. Obligations deriving from the existing contract between the Parties - art. 6 lett. b) GDPR
  2. Obligations deriving from the existing contract between the Parties - art. 6 lett. b) GDPR;
  3. bligations deriving from the existing contract between the Parties - art. 6 lett. b) GDPR
  4. Legitimate interest | Interested request - art. 6 lett. f) GDPR and recital 47: the processing is necessary for the pursuit of the legitimate interest of the data controller or third parties, provided that the interests or fundamental rights and freedoms of the data subject that require the protection of personal data do not prevail, account of the reasonable expectations of the data subject based on his relationship with the data controller
  5. Legal obligations to which the Data Controller is subject - art. 6 lett. c) GDPR
 Duration of registration | Until opposition (opt - out)
B) Subscription to the SPORTCLUBBY newsletter via e-mailing list, by filling in the dedicated form Consent - art. 6 lett. a) GDPR Duration of registration | Until opposition (opt - out)
C) Subject to your consent, and until your opposition, the data you provide will be used for profiling activities by SPORTCLUBBY in order to send you targeted newsletters based on your personal preferences and interests relating to sports disciplines, as well as on the basis of your shopping. Consent - art. 6 lett. a) GDPR 1 year (or up to the user's opposition if earlier)
D) With prior consent, up to opposition for direct marketing activities, market research or other sample research and direct sales to receive - via automated means, e-mails, SMS (Short Message Service) as well as by telephone calls via operator and paper mail - material information, for the detection of the degree of satisfaction, promotional, commercial and advertising material or relating to events and initiatives, by SPORTCLUBBY on behalf of Third Parties (Commercial Partners) operating in the following product sectors: fitness, clothing, sports items, etc. to which the data will not be disclosed. The complete list of product sectors will be provided upon request to be made to  privacy@sportclubby.com . Consent - art. 6 lett. a) GDPR Until opposition (opt-out) | see information pursuant to art. 14 GDPR which will be provided by the third party.
The customer can revoke his consent at any time by clicking on the link
E) Connection of the Club's YouTube account to the Sportclubby API in case of activation of the “Video” section in the management system. Third party providers connected to the site will be able to access the content uploaded by the Customer.
For further information related to the processing of data by third parties, the following privacy policies can be consulted

Youtube Term of Services Google Privacy Policy 		Consent - art. 6 lett. a) GDPR Until opposition (opt-out) | see information pursuant to art. 14 GDPR which will be provided by the third party.
The customer can revoke his consent at any time by clicking on the link

Google security setting page
F) Stripe account connection within the management system to make payments from the app. The Customer must connect his Stripe profile to the Sportclubby management system, in case of malfunction or technical problems Sportclubby will be able to check the payments received from the application. Consent - art. 6 lett. a) GDPR Until opposition (opt-out) | see information pursuant to art. 14 GDPR which will be provided by the third party.
www.stripe.com

3. RECIPIENTS OR CATEGORIES OF RECIPIENTS OF THE DATA

Data of a personal nature provided may be communicated to recipients, appointed pursuant to Article 28 of EU Regulation 2016/679, who will process the data as data processors and/or as natural persons acting under the authority of the Data Controller and Data Processor, in order to fulfil contracts or related purposes. Specifically, the data may be communicated to recipients belonging to the following categories - Subjects that provide services for the management of SPORTCLUBBY SRL's information system and communication networks (including electronic mail); - Firms or companies providing assistance and consultancy; - Competent authorities for the fulfilment of legal obligations and/or provisions of public bodies, upon request; - For administrative-accounting purposes, data may possibly be transmitted to commercial information companies for the assessment of solvency and payment habits and/or to subjects for debt collection purposes. The subjects belonging to the above categories act as Data Processors, or operate completely independently as separate Data Controllers. The list of designated Data Processors is constantly updated and available at the registered office of SPORTCLUBBY SRL.

4. TRANSFER OF DATA TO A THIRD COUNTRY AND/OR INTERNATIONAL ORGANISATION

Data of a personal nature supplied will not be transferred abroad either within or outside the European Union. Should such a need arise, this transfer will take place within the limits and under the conditions set out in Articles 44 et seq. of EU Regulation 2016/679, in order to fulfil purposes related to the transfer. By registering for the APP via social platforms, we inform you that the transfer of such data outside the European Union will then be handled as set out in the general terms and conditions and privacy policies of the social networks.

5. NATURE OF PROVISION AND REFUSAL

The provision of personal data for purpose A) of this information document is compulsory, as it is strictly necessary to fulfil the Data Controller’s contractual and legal obligations. Failure to provide such data will prevent the completion of the contractual relationship between the parties.
The provision of personal data and consent to processing for purpose B) is optional. Failure to provide it will make it impossible for you to receive the newsletter.
The provision of personal data and consent to processing for the purposes referred to in point C) is optional. Failure to provide it will make it impossible for you to receive targeted communications.
The provision of personal data and consent to processing for the purposes referred to in point D) is optional. If you fail to provide it, your data will not be transferred or passed on to third parties for marketing purposes.
The granting of consent for the purposes referred to in point E) of this information document is to be considered compulsory because it is indispensable in order to activate the section in the management system at the Customer’s request.
The granting of consent for the purposes referred to in point F) of this information document is to be considered compulsory because it is indispensable in order to activate the section in the management system at the Customer’s request.
The content of this document is valid only in reference to SportClubby Srl. It does not refer to the processing carried out by each Club participating in the service.

6. RIGHTS OF DATA SUBJECTS

You may exercise your rights as expressed in Articles 15, 16, 17, 18, 19, 20, 21, 22 of EU Regulation 2016/679, by writing to privacy@sportclubby.com. You have the right, at any time, to ask the data controller for access to your personal data, to rectify them, to erase them or to restrict their processing. Furthermore, you have the right to object, at any time, to the processing of your data (including automated processing, e.g. profiling), as well as to the portability of your data. Without prejudice to any other administrative and judicial remedy, if you consider that the processing of your data violates the provisions of EU Regulation 2016/679, pursuant to Article 15(f) of the aforementioned EU Regulation 2016/679, you have the right to lodge a complaint with the Italian Data Protection Authority (“Garante per la protezione dei dati personali”) and, with reference to Article 6(1)(a) (consent) and Article 9(2)(a) (consent for individual data purposes ), you have the right to withdraw your consent at any time.

In the cases provided for, you have the right to the portability of your data, in which case the data controller will provide you with the personal data concerning you in a structured, commonly used and machine-readable format.

Deletion requests should be addressed to privacy@sportclubby.com or by using the “Delete account” function in the “user profile” section of the mobile app.

A – What are cookies?

Cookies are short fragments of text (letters and/or numbers) that allow the web server to store information on the client (the browser) to be reused during the same visit to the website (session cookies) or later, even after several days (persistent cookies). Cookies are stored, based on User preferences, by the individual browser on the specific device being used (computer, tablet, smartphone).

Cookies are useful because they allow a website to recognise the User’s device. They have various purposes, such as enabling efficient navigation between pages, remembering favourite sites and, in general, improving the browsing experience. They also help to ensure that advertising content displayed online is more targeted to Users and their interests. Depending on their function and purpose, cookies can be classified as technical cookies, analytical cookies or profiling cookies. All cookies are distinguished as either first-party cookies, which are installed directly by the Site operator, or third-party cookies that are installed, through the Site, by different third parties. This Site only makes use of technical cookies and third-party profiling cookies.

Depending on the characteristics and use of cookies, we can distinguish between different categories:

1. Technical cookies

Technical cookies are those used for the sole purpose of “transmitting a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information company service explicitly requested by the subscriber or User in order to provide such a service” (see Article 122, para. 1, of the Code). They are not used for any other purposes and are usually installed directly by the owner or operator of the website. They can be divided into browsing or session cookies, which guarantee normal browsing and use of the website; analytics cookies, similar to technical cookies when used directly by the site operator to gather information, in aggregate form, on the number of users and how they visit the website in question; functionality cookies, which allow users to browse based on a series of selected criteria in order to improve the service provided to them. Prior consent from users is not required in order to install such cookies. These cookies can be deactivated and/or deleted via the browser settings. All modern browsers allow you to change cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser. To understand these settings, the following links may be helpful. Alternatively, you can use the “Help” option in your browser for more information. Cookies are small text files that sites visited by the user send to his terminal – computer, laptop, tablet, smartphone, etc.  – where they are stored and then transmitted back to the same sites the next time the same user visits them. When browsing on this site, you will only receive cookies sent directly from our site and managed by our company.

If the use of cookies is blocked, the service offered to the User through the Site will be limited, thus affecting the experience of using the Site.

The name, purpose of use and retention time for each technical cookie used are listed below.

 Cookie Name Purpose Duration
cb-enable It stores the browsing preferences of the site visitor anonymously (for example the choice to disable the Google Analytics cookie). It cannot be deactivated. Denying consent to this cookie prevents correct navigation of the site. 180 days
intercom-id Cookie used by Intercom messenger. 9  months