Very attached to the respect of the rules related to the private life and to take care of the good application of the applicable regulation, the company SWIIT has appointed a Data Protection Officer (DPO).

This personal data protection policy applies to the entire website, application and forms collecting personal data by SWIIT.

Therefore, this policy does not apply to third party websites mentioned and accessible on our website via a link, for which SWIIT is not responsible for their content or for their privacy and data protection practices.

For more precise information on the regulations applicable to the protection of personal data, the User may also consult the website of the Commission Nationale de l’Informatique et des Libertés (CNIL, French data protection authority) accessible at the following address: www.cnil.fr.

SECTION 1 – PURPOSE OF THE POLICY AND ACCEPTANCE

This Privacy Policy governs the collection and use of personal information throughout the SWIIT Site (the « Site » or « Platform ») and the SWIIT Service (the « Service » or « Application »).

The User acknowledges and agrees that any browsing of the Site, as well as any use of the Service, implies the express and prior acceptance of the terms of this Privacy Policy.

The Company reserves the right to modify this Privacy Policy. In this context, the User is invited to check regularly, in particular each time he/she uses the Service, to see if any changes have been made to the Privacy Policy.

DATE OF LAST UPDATE OF THE PRIVACY POLICY : JUNE 2022

Capitalized terms and phrases have the meanings set forth in the SWIIT Terms and Conditions.

SECTION 2 – WHAT ARE THE RIGHTS OF USERS?

In accordance with the regulations in force, we guarantee you the respect of the following rights:

You have the right to be informed at any time if we are processing personal data about you
You have the right to access your personal data and to request access to the data concerning him/her
You may request the rectification, modification, updating or deletion of your personal data and,depending on the situation (erroneous or incomplete), object to their collection and/or processing;
You have the right to request a copy of your personal data in a readable format and the right to transmit it for use by another service provider.

However, please note that we may keep a record of your data for archiving purposes (in particular when required by law or on the basis of recommendations published by the CNIL concerning electronic archiving methods). In this context, you will be informed about the type of archived data kept with precision of the service in charge of accessing it.

In any case, we will do our best to answer your request as soon as possible.

We would like to draw your attention to the fact that the collection and processing of certain data is essential to allow the delivery of licenses, the organization and the safety of the competitions, the management and follow-up of your requests and access to certain services. Therefore, the exercise of your right to object may result in the impossibility to benefit from these services

  SECTION 3 – WHEN DOES SWIIT COLLECT YOUR PERSONAL DATA ?

SWIIT is responsible for the processing of the personal data it collects on the Site and via the Service.

The Company may collect and process personal data when users visit the Site and use the service and in particular :

• • When a Customer creates a User account

  • When creating a personal profile

  • When a Customer books an Activity

  • When registering for a sporting event

  • When creating Posts, followers, people tracking, media libraries (video, photo),

  • When publishing information declared by the User or published by him including

  • When registering for a sports club as a member (private information) or follower (public information) or when creating a club

  • When creating a coach/user interface

  • When offering for sale or purchase, or searching for materials via the SWIIT marketplace

  • When registering for the newsletter and / or commercial offers of SWIIT and / or its partners.

This may also include information about other individuals, in which case you must obtain consent from those other individuals before providing us with their personal information.

SECTION 4 – WHAT PERSONAL DATA IS COLLECTED?

Depending on the services offered, SWIIT may collect the following personal data :

• • Identity: last name, first name, gender, date and place of birth, photo;

  • Contact information: postal address, phone number, email address;

  • Username and password; location; sports affinity:

  • Profession and socio-professional category;

  • Sports data (results, level, club of membership, training course, diplomas, contracts, certificate of negative response to the health questionnaire, disciplinary sanctions, sports progress, ranking, participation and result of sports test, history of sports practice …) ;

  • Documents and evidence necessary for the monitoring and management of the company’s activities SWIIT in accordance with the laws and regulations in force;

  • Payment information (only for the duration of the transaction) and purchase history if you are a member or if you purchase a product from the online store or a ticket;

  • IBAN details (in case of compensation or reimbursement of expenses).

  • Private messaging

  • Coach / client relationship: training schedule, subscription contract, metric, training, results, all information between the coach and the client

  • Phone Contact
•  
  • Phone camera and gallery
•  
  • Localisation
•  
  • Health data from health care and health kit of your device

This data is collected in a legal and transparent manner by SWIIT when you request certain services.  It is provided to us by you in paper or electronic forms, contact or registration forms, surveys, online services, games, etc. in which it is specified whether the data collected is mandatory or optional.

In specific and limited cases, you have transmitted medical data (participation in sports events, medical certificate). This information is only accessible to medical personnel and coaches, who are the only ones authorized to consult it. Appropriate protection measures are taken to preserve this particularly sensitive data.

SECTION 5 – WHAT ARE THE PURPOSES FOR WHICH YOUR PERSONAL DATA IS USED ?

The Company uses the personal data thus collected in accordance with the regulations in force and for the following purposes :

• • In order to ensure the smooth running of the use of the Site and the Service and to ensure that the Service is used in accordance with the General Conditions;

  • For commercial prospecting operations implemented by the Company unless the User has objected, or for commercial prospecting operations of third parties if the User has consented. In such a case, the User can always modify his/her preferences by going to his/her space/account;

  • In case of violation of a regulation if an authority requests it and justifies it with regard to the regulation in force;

  • For internal administration and quality control purposes. The data communicated by the User, in particular via navigation on the Site or via the registration forms present on the Site, are essential for the processing of his/her request and for the use of the Service, except if the mention « optional » appears on the form concerned

The recipients of this data are the relevant departments of the Company, the Company’s payment partners, as well as the Company’s business partners, coaches and clubs.

Please be advised that the Company will only use your personal data where permitted by law. Most often, we will use your personal data in the following circumstances:

• • When we need to perform the contract we are about to enter into, or have entered into with you or when you have entered into a contract with the coach.

  • When we need it for our legitimate interests (or those of a third party) and when your interests and fundamental rights do not outweigh these interests.

  • With your consent.

  • When we need to comply with a legal or regulatory obligation.

Your personal data may also be used to improve your digital experience and to better understand your expectations, particularly through commercial information, surveys, studies and the development of new services.

Your consent is systematically requested and recorded when this use is envisaged and you have the possibility to unsubscribe directly via a link provided for this purpose at each sending of information or offers by SWIIT.

  SECTION 6 – IN WHAT CONTEXT IS YOUR PERSONAL DATA SHARED?

The Company may share your personal information with other parties, such as coaches, sports clubs or associations, sports event organizers or other Service Providers. We only provide these parties with information that is necessary for your registration or participation or as otherwise agreed to by you and the third party. We recommend that the User check the privacy policy of the third party or service provider to determine how they may use or dispose of your personal data.

SWIIT strictly requires its partners to use your personal data only to manage the services and improve your customer

personal data only to administer the services and to improve your customer experience.

All the collected data are not used, some are only stored, it is the case in particular of the data transmitted between the User and the Coach including the conversations via the private messaging except within the framework of a legal or penal procedure or at ends of sanction such as exclusion of a User or a Coach.

SECTION 7 – WHERE IS YOUR PERSONAL DATA STORED?  FOR HOW LONG ?

We will retain your personal data only for as long as is necessary to fulfil the purpose for which it was collected, including the purpose of complying with any legal, accounting or reporting requirements in accordance with the recommendations issued by the CNIL.

The length of retention is variable and depends on the nature of the data and the purposes for which it is used. Some personal data may in certain cases be archived (with restricted access) when they are still of interest.

In determining how long to retain your personal data, the Company takes into account the amount, nature, and sensitivity of the personal data, the potential risk of harm that may arise from unauthorized use or disclosure of that personal data, the purpose for which we are retaining your personal data and whether we can achieve it by any other means, and legal obligations.

Your data is only stored on servers located in Europe. However, in order to respond to some of your requests or to provide you with certain services, SWIIT may need to transit and host data on servers that may be located outside the European Union.

SECTION 8 – COOKIES

During visits to the Site, cookies and other similar technologies (hereinafter « cookies ») may be installed on the User’s browser software.

In particular, the cookie makes it possible to collect information relating to the navigation of the navigation of the User.

The cookies used by the Company are intended to allow navigation on the Site and use of the Service Site and the use of the Service:

• • The cookies used by the Company are intended in particular to enable navigation on the Site and the use of the Service.

  • Functionality cookies, which are mainly intended to improve navigation on the Site and use of the Serviceand the use of the Service;

  • Cookies for advertising purposes, which are used to provide the User with targeted advertisements as well as to limit the number of times the User sees an advertisement and to help measure the effectiveness of an advertising campaign;

  • Provider cookies, which allow the Company to track actions taken on Provider links for the purpose of managing its relationship with said Providers;

  • Statistical cookies, which allow the Company to measure the audience of all or part of the of the Site and thus to establish statistics and to know the volumes and origin of frequentation.

The Company also installs social network applications on the pages of the Site, which allow the User to share content with other people     

These applications are likely to allow the social network to identify the User even if the User has not used the corresponding social button if the User’s account with the social network is open. As the Company does not have control over these applications or services, the User is advised to read the privacy policies of these third parties in order to implement the appropriate actions accordingly.

The User may object to the installation and storage of cookies or configure his or her browser so that it announces the downloading of cookies and requests the User’s consent on a case-by-case basis.

On the CNIL website (www.cnil.fr), you will find practical explanations on how to control the « Privacy » settings on your terminal.

The User is however warned that certain functionalities of the Site can no longer be used or will function in degraded mode if the User refuses the installation of cookies.

SECTION 9 – PERSONAL DATA SECURITY PROCEDURE IN PLACE

The Company has security procedures in place to help protect the personal information stored on its systems.

SWIIT is committed to preserving the confidentiality of your personal data. Access to your personal data is limited to those SWIIT employees who need it in order to perform their duties. All persons having access to your personal data are bound by a duty of confidentiality and may be subject to disciplinary action and/or other sanctions if they fail to comply with this duty.

The Company also employs processes to protect personal information about Users from from unauthorized access.

The security of our personal data is a priority for SWIIT.

We strive to protect it and take appropriate physical, technical and organizational measures against alteration, loss, destruction, falsification, manipulation, unauthorized access or disclosure, including in connection with its transfer and storage.

The attention of the Users is however drawn to the fact that, although the Company implements technical and organizational means adapted to ensure protection against unauthorized or illicit processing of personal information and against any loss, damage or accidental destruction thereof, it has no means of guaranteeing the absolute security of personal data.

However, it is important that you exercise caution to prevent unauthorized access to your personal data. When using a SWIIT interface or area that requires identification (access codes), you are responsible for maintaining the confidentiality of your user ID and password and your account information. Therefore, we invite you to close your session in case of shared use of the same computer and not to communicate your login and password, especially when solicited by email or telephone.

SECTION 10 – HOW TO CONTACT US TO EXERCISE YOUR RIGHTS?

You can exercise your rights by contacting us:

• • Or directly on the User’s account,

  • Or by mail to the attention of: SAS SWIIT – Service Traitement des données personnelles – 204 RUE DE NICE, Les Chèvrefeuilles – 83000 TOULON

  • Or by e-mail to contact@swiit.fit, accompanied by a copy of a valid ID.

  • By using the form provided for this purpose.

This service is free. We will use all the means at our disposal in order to answer you within a reasonable time.

Our privacy policy may change over time. That is why we recommend that you you to consult it regularly.

SECTION 11 – COLLECTION OF DATA BY SWIIT PARTNERS

SWIIT’s Partners are likely to collect Data in particular for online payment. The Partner acts as a Data Processor and as such has its own general terms and conditions of sale and Privacy Policy. The User must take note of this information before making an online payment. online payment. It is reminded that access to the Application is free.

SWIIT cannot be held responsible in case of a dispute with a partner of SWIIT.

REQUEST FOR EXERCISE OF RIGHT