Algemene voorwaarden
LEGAL NOTICE
In compliance with art. 10 of Law 34/2002, of the 11st of July, on services of the information
society and electronic commerce, we inform you that the responsIble of this website is:
IDENTITY: HENCHLIFTS,S.L.
C.I.F / N.I.E. / PASSPORT: B72778814
ADDRESS: C/ ROMA, 3, 03730 JAVEA (ALICANTE)
TELEPHONE: 865710644
E-MAIL: info@elitefitnessgym.net
REGISTRATION DETAILS: Sociedad Inscrita en el Registro Mercantil de Alicante, tomo 4519,
folio 213, hoja A-182453
GENERAL TERMS OF USE (GENERAL CONDITIONS OF APP):
ELITE GYM
1.- AIM.
These general terms of use (hereinafter GTU), regulate the access and use of the APP under the
domain ELITE GYM (hereinafter APP), owned by HENCHLIFTS,S.L. (hereinafter ELITE GYM),
made available to the users (hereinafter User/s).
If you have any doubts or queries related to the use and access to the Website or these GTU, you
can contact us through the contact details published in the Legal Notice.
2.- AGREEMENT WITH THESE GENERAL TERMS AND CONDITIONS:
The use of this APP implies the full acceptance by the User of the existing GTU at the time the
User accessed to this APP. Therfore, If you do not agree with any of the terms and conditions set
forth herein, you should refrain from using this APP.
Consequently, the User must read the GTU carefully each time he/she intends to use the APP.
In any case, ELITE GYM reserves the right to modify the GTU, at any time without prior notice.
Furthermore, ELITE GYM reserves the right to suspend, discontinue or cease to operate the APP
at any time.
By use of the APP, we mean any User who accesses and browses this APP regardless of
whether or not he/she fills in the registration forms.
3.- CONDITIONS FOR ACCESS AND USE OF THE APP AND ITS CONTENTS.
The access to the APP and/or the Contents included in it, does not imply any kind guarantee with
respect to suitability of the APP and/or the Contents included in it, for specific or particular
purposes of the Users.
ELITE GYM may establish additional limitations and/or conditions for use and/or access to the APP
and/or the Contents, which must in all cases be observed by Users.
3.1.- Access and Use of the APP.
Unless otherwise provided, the use of the APP shall be free of charge, without prejudice to the
connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age and is also aware and
voluntarily and explicitly accepts that the use of the APP is in any case under his/her sole and
exclusive responsibility.
The User undertakes to comply with the GTU, as well as to comply with the special warnings or
instructions contained on the Website and to always act in accordance to the law, good customs
and the requirements of good faith, using his/her best efforts taking into account the nature and
consideration of the service he/she enjoys. To this end, Users shall refrain from using the APP in
any way that may impede, damage or deteriorate the normal functioning of this Website, the
goods or rights of ELITE GYM, its suppliers, its distributors, the rest of Users, or any third party in
general.
Specifically and without implying any restriction to the obligation assumed by the User in
accordance with the preceding section, the User undertakes to:
a) Not enter, store or disseminate, on or from the APP, any information or material that is
defamatory, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism,
inciting violence, discrimination to race, gender, ideology, religion or that in any way violates
the form, fundamental rights, public freedoms, honour, privacy or the image of third parties
and in general, the regulations in force.
b) Not enter, store or disseminate through the APP any computer programme, data, virus, code or
any other electronic or physical instrument or that may cause damage to the APP, to any of the
services, or to any of the equipment, systems or networks of ELITE GYM, of any User, of the
Suppliers or Distributors of ELITE GYM or in general of any third party, capable of causing any
type of alteration or preventing the normal operation of this APP.
c) Not enter, store or disseminate through the APP any content that infringes intellectual and
industrial property regulations, or the rights of third parties, or in general, any content for the
User does not hold, in accordance with the law, the right to make available to third parties.
3.2.- Access and Use of Content.
The Contents of the APP are available to the User with information from both own and third party
sources.
ELITE GYM endeavours to ensure that the Contents are of the highest possible quality and are
reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance
and/or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
No intellectual or industrial property rights over the APP or any of its constituent elements are
transferred by means of these GTU, and the User is expressly prohibited from reproducing,
transforming, distributing, publicly communicating, making available, extracting, reusing,
resending, or using any of them by any means or procedure, except in cases where this is legally
permitted or is authorised by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his/her exclusive
personal and private use on his/her computer systems (software and hardware), provided that this
is not for the purpose of carrying out any commercial or professional activities. The User shall
refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than
those which in each case was made available or indicated for that purpose or those which are
normally used on the Internet (provided that the latter do not entail a risk of damaging or disabling
the APP). The User must, at all times, respect all intellectual and industrial property rights over
the APP, owned by ELITE GYM or third parties.
5.- EXCLUSION OF GUARANTEES AND LIABILITY.
5.1.- Exclusion of Guarantees and Liability for the Operation of the APP.
ELITE GYM does not guarantee the availability and continuity of the functioning of the APP and
the services and Contents offered therein, nor that the contents existing on the APP are updated,
and is exonerated from any liability for damages or harm, of any nature, that may arise from such
circumstances.
ELITE GYM will carry out all those tasks aimed at rectifying the errors, re-establishing
communication and/or updating the aforementioned contents, provided that there are no
circumstances that prevent or complicate the performance and will do as soon as it becomes
aware of any errors, disconnections and/or lack of updating of the contents.
Likewise, ELITE GYM does not guarantee either the technical reliability of its Website, nor access
to its different pages, and is likewise exonerated from liability for damages or any kind that may
arise for this reason.
Furthermore, ELITE GYM shall not be liable for any possible errors or security deficiencies that
may occur due to the use by the User of a browser with an ot-of-date or insecure version of the
same or for any damage, errors or inaccuracies that may arise from the malfunctioning of the
browser.
In order to reduce the risk of viruses being introduced into the Website, said platform uses virus
detection software to check all the Contents that it enters into the Website. However, ELITE GYM
does not guarantee the absence of viruses or other elements on the APP introduced by third
parties unrelated to ELITE GYM that may cause alterations in the hardware or software systems
of the Users or in the electronic documents and files stored in the system. Consequently, ELITE
GYM shall in no case be liable for any damages of any kind that may derive from the presence of
viruses or other elements that may cause alterations in the software or hardware systems,
electronic documents, or files of the Users.
ELITE GYM adopts various protection measures to protect the APP, the data gathered and the
Contents against computer attacks by third parties. However, ELITE GYM does not guarantee that
unauthorised third parties will not have access to the type of use or browsing of the APP by the
User or the conditions, characteristics and circumstances in which it is carried out. Consequently,
ELITE GYM shall in no case be liable for any damages that may arise from such unauthorised
access.
ELITE GYM shall not be liable under any circumstances for the use that Users and/or third parties
may make of the APP or the Contents to, nor for any damages that may derive from the same.
5.2.- Exclusion of Guarantees and Liability for Contents.
ELITE GYM does not edit Contents of third parties published on the APP and, consequently, does
not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy
completeness, and timeliness of said Contents, not for the Contents owned by ELITE GYM. ELITE
GYM shall in no case be liable for any damages that may arise from: (i) the lack of lawfulness, truthfulness, accuracy, completeness, and/or timeliness of the Contents originated by third parties
and its own; (ii) the unsuitability for any purpose and the disappointment of expectations
generated by the Contents; (iii) decisions or actions taken or avoided by the User, in reliance on
the information or data provided in the Contents, including without limitation, lost profits or
business opportunities.
6.- HYPERLINKS
Persons intending to establish Hyperlinks between their APP and the APP must observe and comply
with the following conditions:
i. Prior authorisation is not required where the Hyperlink only allows
access to home page of the APP, but may not to reproduce it in
any form. Any other form of Hyperlink requires the express and
unequivocal written authorisation of ELITE GYM.
ii. The APP on which the Hyperlink is established may only contain
strictly the necessary to identify the destination of the Hyperlink.
iii. The APP on which the Hyperlink is established will not contain
information or content that is illegal, contrary to morals and
generally accepted good customs and to public order, neither will
it contain content contrary to any third parties rights.
iv. ELITE GYM reserves the right to block the Hyperlinks to the Website which do not have express prior authorisation, even if they comply with the provisions of the point of the General Terms and Conditions.
7.- ACTIONS IN THE EVENT OF A NON-COMPLIANCE.
ELITE GYM reserves the right to exercise whatever actions are legally available to demand responsibilities derived from the breach by the User of any of the provisions of these General Terms and Conditions of the APP.
8.- PARTIAL NULITY.
The declaration of any of the clauses contained in these General Terms of Use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining, which shall continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
These GTU shall be governed in accordance with Spanish legislation.
For the resolution of any dispute relating to the conditions of use and access to this APP contained in this document of the Website's GTU, the parties submit, expressly waiving any other jurisdiction to which they may entitled, unless otherwise determined by law, to the Courts of Dénia.
10.- NOTIFICATIONS.
ELITE GYM designates the address specified in the Legal Notice as the contact address for the purposes of delivering the pertinent notifications.
The e-mail address provided by the User during the registration process on the Website, will be used by ELITE GYM for the purpose of sending notifications to the User.
The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.
All the Notifications made by ELITE GYM to the User shall be deemed to have been validity delivered if they have been made using the data and by the means indicated above. ELITE GYM
shall not be liable for any damage that may arise from the User's failure to keep their contact details up to date.
GENERAL CONTRACTING CONDITIONS FOR:
ELITE GYM
1.- IDENTIFICATION OF THE PARTIES.
On the one hand, HENCHLIFTS,S.L., hereinafter ELITE GYM, whose other identification data are
included in the Legal Notice and owner of the domain ELITE GYM, hereinafter Website, and on the
other hand, the User who contracts the products offered through the Website.
2.- ACCEPTANCE AND MODIFICATION.
The User declares that he/she has the legal capacity to contract and accepts the full and
unreserved adherence to the General Contracting Conditions, hereinafter GCC, in the version
published at the time of contracting.
3.- OBLIGATIONS OF THE PARTIES.
3.1.- Obligations of ELITE GYM:
Ø To provide the services in accordance with the GCC and without breaching good contractual
faith.
Ø To make available to the User the GCC and the specific conditions where applicable.
Ø To send the User proof or an invoice for the products contracted.
3.2.- Users Obligations:
Ø Fulfil its entirety the established in the GCC.
Ø Complete the registration forms with accurate and current information. The User will be the
only one responsible for the accuracy and updating existing information.
Ø Keep the data provided protection immediately notify of the loss, mislaying, theft, robbery,
illegitimate access as well as its knowledge to third parties.
4.- PRODUCT AVAILABILITY.
In the event that a product is not available on time, the User will be informed by e-mail of this and
the new indicative delivery time. In the event that the product is finally unavailable, once you have
been informed of this via e-mail, you may receive a product of similar characteristics or cancel the
order.
5.- FEES.
The published fees include VAT (IVA). Shipping costs are not included, although they will be
itemized so that the User knows the amount before being bound by the contract.
6.- PAYMENT METHODS.
7.- RISK AND PROPERTY TRANSFER.
The User acquires ownership of the products upon complete payment of all sums, including
shipping costs.
The risk of loss or damage shall be transferred to the User when he/she or a third party, identified
by him/her, other than the courier, has acquired the material possession. In the case that the User
is the one who commissions the carrier or the carrier chosen is not amongst those suggested by
ELITE GYM, the risk shall be transferred to the User with the delivery of the goods to the carrier.
8.- DELIVERY POLICY.
. In any case ELITE GYM will deliver the products to the User within a maximum period of 30
calendar days from the conclusion of the contract.
Once the contract has been concluded, the User will receive an e-mail confirming the purchase
and another one confirming delivery once the order has been delivered to the carrier.
9.- PROCEDURE, CANCELLATION AND WITHDRAWAL RIGHTS AND LEGAL GUARANTEE.
9.1.- Procedure.
To exercise the rights to cancel, withdrawal and use of guarantee, the User shall contact ELITE
GYM, by phone or .
9.2.- Right to Cancellation.
The User will be able to cancel their order, at no cost, so long as this is communicated before the
order is in possession of the carrier.
9.3.- Right to Withdrawal.
The User shall provide a 14 calendar days period from delivery of goods to withdrawal from the
contract without any justification and without any penalty.
The right to withdrawal shall be applicable provided that the contracted products are returned in
the same conditions (along with their complete and original packaging, labels and any accessories
related to the same), and attaching the purchase receipt. In any case, ELITE GYM shall determine
if these requirements have been met.
In the case of granting this right, the User shall assume the cost of returning the products, if it is
not granted; the products will be shipped freight collect.
The right to withdrawal will not be applicable to those contracts which refer to goods specifically
made by the User or those clearly personalised.
9.4.- Legal Guarantee.
The User has three years of guarantee from the delivery of the product. Not included in this
guarantee are defects caused by negligence, impacts, improper use or handling by the User.
Excepting evidence to the contrary, any lack of conformity becoming apparent within six months
of delivery will be presumed to have existed at the time of delivery.
The legal guarantee includes the following rights for the User:
Ø If the product does not meet contractual requirements, the User will be able to demand
either reparation or product substitution, unless one of these two options results to
be objectively impossible or disproportionate to the detriment of ELITE GYM. All costs
occasioned by the exercise of this right shall be free to the User.
Ø The reduction of fees and the contract cancellation shall proceed, according to the
User, when this one is not able to demand the reparation or substitution and in case
where these were not carried out in a reasonable timeframe or without considerable
inconvenience for the User. Cancellation shall not proceed when the lack of conformity
is minor.
10.- NOTIFICATIONS.
ELITE GYM with address for notification provided in the Legal Notice. The email provided by the
User during the registration process shall be used by ELITE GYM as an address to service. All
notifications made in accordance with the procedure indicated shall be considered to have been
properly made.
11.- APPLICABLE JURISDICTION.
In case of litigation between the parties, territorial jurisdiction shall correspond, at the User's
choice, the address of the User or the defendant.
PRIVACY POLICY
This privacy policy is in accordance with Regulation (EU) 2016/679 of the European Parliament and
of the Council, of the 27th of April, 2016, concerning the protection of natural persons with regard
to the processing of personal data and free movement of these data (RGPD), to Organic Law
3/2018, of the 5th of December, Protection of Personal Data and digital rights guarantee
(LOPDGDD), as well as in what is not contrary to the regulations indicated, to the Law Organic
15/1999, Protection of Personal Data (LOPD) and its development regulations, and/or those that
could replace or update in the future.
Our organisation is committed to the privacy of your personal data. The personal data provided
are necessary to provide our services and are processed in a lawful, fair and transparent way,
ensuring adequate security of them, including protection against unauthorised or illegal
processing and against loss, destruction or accidental damage through the application of technical
and organisational measures.
In this document we want to offer you, in a transparent and loyal way, all the necessary
information related to the processing of your personal data that this organisation makes.
I.- RESPONSIBLE FOR THE PROCESSING-DATA CONTROLLER
IDENTITY: HENCHLIFTS,S.L.
C.I.F./N.I.E./PASSPORT.: B72778814
ADDRESS: C/ ROMA, 3, 03730 JAVEA (ALICANTE)
TELEPHONE: 865710644
E-MAIL: info@elitefitnessgym.net
II.- RECIPIENTS OF THE PERSONAL DATA
1. The personal data provided will not be subject to any transfer unless it is stated specifically
in the specific processes.
2. Optionally, for the procurement cloud computing services and/or services for the sending
of emails, communication, as well as other related IT services, the personal data may be:
- Assigned to IT service companies located within the European Economic Area (EEA) or,
- Transferred to IT service companies located outside the EEA adhered to the Privacy
Shield protection framework and therefore have implemented the appropriate
protection measures to ensure the security of personal data. To obtain further
information, please follow this link: https://www.privacyshield.gov/welcome
3. Optionally, to administrations and other organisations when they are required in
compliance with legal obligations.
III.- LEGAL BASIS FOR THE PROCESSING OF YOUR PERSONAL DATA
For each specific processing of personal data, we will inform you of the legal for such processing.
IV.- RIGHTS
RIGHT TO ACCESS
It is the right to obtain from the controller confirmation as to whether or not personal data relating
to the data subject are being processed and, if so, the right to access to the personal data and the
following information: the purposes of the processing, the categories of the processing, the
recipients or the categories of recipients to whom the data have been or will be disclosed, the
storage period or the criteria used to determine this period, the existence of the right to request
from the controller the rectification or deletion of personal data or the restriction or objection to
the processing of personal data relating to the data subject, the right to lodge a complaint with the
Spanish Agency for Data Protection (AEPD), the existence, where applicable, of automated
decisions, including profiling, where data are transferred to third countries the right to be informed
of the appropriate safeguards applied.
RIGHT TO RECTIFICATION
You have the right to request the rectification of your personal data if these are innaccurate,
including the right to complete data that is incomplete. Please note that by providing personal
data by any means, you warrant that such data are true and accurate, and you undertake to notify
us of any changes or modifications to such data. Therefore, any damage caused as a result of the
communication of erroneous, inaccurate or incomplete information in the forms of the website, will
be the sole responsibility of the concerned party.
RIGHT TO SUPPRESSION/DELETION
It is the right to request the suppression of your personal data when, among other assumptions,
they are no longer necessary for the purpose for which they were gathered, or are otherwise being
processed or you withdraw your consent. It should be borne in mind that erasure will not be
applicable when the processing of personal data is necessary, among other cases, for teh
fulfilment of legal obligations or for the formulation, exercise or defense of claims.
RIGHT TO LIMITATION
It is the right to request that restrict the processing of your personal data, which means that in
certain cases you can ask us to temporarily stop the processing of your personal data or to store
your data for longer than necessary when you may need it.
RIGHT TO WITHDRAW CONSENT
It is the right to withdraw the consent you have provided by ticking "I have read and accept the
privacy policy" at any time and as specified in the relevant section "Exercise of rights" or in the
specific processing of commercial communications or Newsletter. Please note that this right will
not be applied if, inter alia, the processing of personal data is necessary for the compliance with a
legal obligation, the performance and maintenance of a contractual relationship, or for the
formulation, exercise or the defense of claims. Likewise, the withdrawal of consent will not have
retroactive effects, it will not affect the lawfulness of the processing based on the consent prior to
its withdrawal.
RIGHT TO PORTABILITY
It is the right to receive the personal data concerning you and that you have provided to us, in a
structured, commonly used and machine-readable format and to transmit them to another
controller, provided that: the processing is based on your consent and is carried out by automated
or computerised means.
RIGHT TO OPPOSITION
You have the right to oppose the processing of your personal data on the basis of our legitimate
interest. We will cease to process your personal data unless we can prove compelling legitimate
grounds for the processing that prevail over your interests, rights and freedoms, or for the
formulation, exercise or defence of claims.
RIGHT TO LODGE A COMPLAINT WITH A CONTROL AUTHORITY
If you believe that we are processing your personal data in an incorrect manner, you can contact
us or you also have the right to lodge a complaint with the Spanish Data Protection Agency
(AEPD):
https://www.agpd.es/portalwebAGPD/index-ides-idphp.php
EXERCISING OF THESES RIGHTS
You may exercise your rights by sending a letter to the postal address indicated above or by email
info@elitefitnessgym.net, enclosing, in both cases, a copy of your NIF/NIE/Passport or similar
document.
V.- PERSONAL DATA PROCESSING.
GENERAL PROVISIONS
The personal data requested in each of the specific processing operations are strictly necessary;
refusal to provide them would mean that we would not be able to provide the requested service.
The communications of the personal data provided for in each of the specific processing operations
in some cases are necessary for the performance and maintenance of a contract and in other cases
for compliance with a legal obligation applicable to the responsible/controller.
IGITAL ASSISTANT - "CHATBOT" or "CHAT ONLINE"
In the event that this website uses online chat software, provided as a self-service to provide users with an
adequate and quick response to common questions and in improving customer services for the benefit of
users visiting the website, the following data will be subject to processing during the conversation with the
"chat bot": the IP address and other personal data entered into the chat bot's conversation function.
The collected data will not be used to personally identify the website visitor, and will not be merged with
personal data about the bearer of the pseudonym, unless the personal data is provided voluntarily when
using the online chat.
The legal basis for this processing is set out in Article 6(1)(f) of the GDPR.
CONTACT FORM
Personal data will be processed to channel requests for information, suggestions and complaints from users
or customers.
The legal basis that legitimates the processing of personal data is the express consent when marking "I
have read and accept the privacy policy".
Personal data will be kept for a period of two years from the moment they stop being processed, without
prejudice to the exercise of the rights that assist them as interested.
ELECTRONIC COMMERCE FORM (E-COMMERCE)
Personal data will be processed to manage your online purchases by processing your orders and returns via
our online services, send notifications about the status of delivery or in case of problems with the shipment
of items, manage your payments, complaints or questions about the guarantee of the products or services,
identify and validate their legal age to hire, as well as for and, if applicable, the formulation, exercise or
defense of claims
The legal basis that legitimates the processing of personal data is the express consent when marking "I
have read and accept the privacy policy".
Personal data will be transferred to the transport company to be able to get the order to your home, as well
as, payment service providers.
Personal data will be kept, as long as, the consent is not withdrawn, unless they should be kept for the
maintenance of the relationship between the parties or during the years necessary for compliance with
legal obligations.
PRIVACY POLICY
This privacy policy is in accordance with Regulation (EU) 2016/679 of the European Parliament and
of the Council, of the 27th of April, 2016, concerning the protection of natural persons with regard
to the processing of personal data and free movement of these data (RGPD), to Organic Law
3/2018, of the 5th of December, Protection of Personal Data and digital rights guarantee
(LOPDGDD), as well as in what is not contrary to the regulations indicated, to the Law Organic
15/1999, Protection of Personal Data (LOPD) and its development regulations, and/or those that
could replace or update in the future.
Our organisation is committed to the privacy of your personal data. The personal data provided
are necessary to provide our services and are processed in a lawful, fair and transparent way,
ensuring adequate security of them, including protection against unauthorised or illegal
processing and against loss, destruction or accidental damage through the application of technical
and organisational measures.
In this document we want to offer you, in a transparent and loyal way, all the necessary
information related to the processing of your personal data that this organisation makes.
I.- RESPONSIBLE FOR THE PROCESSING-DATA CONTROLLER
IDENTITY: HENCHLIFTS,S.L.
C.I.F./N.I.E./PASSPORT.: B72778814
ADDRESS: C/ ROMA, 3, 03730 JAVEA (ALICANTE)
TELEPHONE: 865710644
E-MAIL: info@elitefitnessgym.net
II.- RECIPIENTS OF THE PERSONAL DATA
1. The personal data provided will not be subject to any transfer unless it is stated specifically
in the specific processes.
2. Optionally, for the procurement cloud computing services and/or services for the sending
of emails, communication, as well as other related IT services, the personal data may be:
- Assigned to IT service companies located within the European Economic Area (EEA) or,
- Transferred to IT service companies located outside the EEA adhered to the Privacy
Shield protection framework and therefore have implemented the appropriate
protection measures to ensure the security of personal data. To obtain further
information, please follow this link: https://www.privacyshield.gov/welcome
3. Optionally, to administrations and other organisations when they are required in
compliance with legal obligations.
III.- LEGAL BASIS FOR THE PROCESSING OF YOUR PERSONAL DATA
For each specific processing of personal data, we will inform you of the legal for such processing.
IV.- RIGHTS
RIGHT TO ACCESS
It is the right to obtain from the controller confirmation as to whether or not personal data relating
to the data subject are being processed and, if so, the right to access to the personal data and the
following information: the purposes of the processing, the categories of the processing, the
recipients or the categories of recipients to whom the data have been or will be disclosed, the
storage period or the criteria used to determine this period, the existence of the right to request
from the controller the rectification or deletion of personal data or the restriction or objection to
the processing of personal data relating to the data subject, the right to lodge a complaint with the
Spanish Agency for Data Protection (AEPD), the existence, where applicable, of automated
decisions, including profiling, where data are transferred to third countries the right to be informed
of the appropriate safeguards applied.
RIGHT TO RECTIFICATION
You have the right to request the rectification of your personal data if these are innaccurate,
including the right to complete data that is incomplete. Please note that by providing personal
data by any means, you warrant that such data are true and accurate, and you undertake to notify
us of any changes or modifications to such data. Therefore, any damage caused as a result of the
communication of erroneous, inaccurate or incomplete information in the forms of the website, will
be the sole responsibility of the concerned party.
RIGHT TO SUPPRESSION/DELETION
It is the right to request the suppression of your personal data when, among other assumptions,
they are no longer necessary for the purpose for which they were gathered, or are otherwise being
processed or you withdraw your consent. It should be borne in mind that erasure will not be
applicable when the processing of personal data is necessary, among other cases, for teh
fulfilment of legal obligations or for the formulation, exercise or defense of claims.
RIGHT TO LIMITATION
It is the right to request that restrict the processing of your personal data, which means that in
certain cases you can ask us to temporarily stop the processing of your personal data or to store
your data for longer than necessary when you may need it.
RIGHT TO WITHDRAW CONSENT
It is the right to withdraw the consent you have provided by ticking "I have read and accept the
privacy policy" at any time and as specified in the relevant section "Exercise of rights" or in the
specific processing of commercial communications or Newsletter. Please note that this right will
not be applied if, inter alia, the processing of personal data is necessary for the compliance with a
legal obligation, the performance and maintenance of a contractual relationship, or for the
formulation, exercise or the defense of claims. Likewise, the withdrawal of consent will not have
retroactive effects, it will not affect the lawfulness of the processing based on the consent prior to
its withdrawal.
RIGHT TO PORTABILITY
It is the right to receive the personal data concerning you and that you have provided to us, in a
structured, commonly used and machine-readable format and to transmit them to another
controller, provided that: the processing is based on your consent and is carried out by automated
or computerised means.
RIGHT TO OPPOSITION
You have the right to oppose the processing of your personal data on the basis of our legitimate
interest. We will cease to process your personal data unless we can prove compelling legitimate
grounds for the processing that prevail over your interests, rights and freedoms, or for the
formulation, exercise or defence of claims.
RIGHT TO LODGE A COMPLAINT WITH A CONTROL AUTHORITY
If you believe that we are processing your personal data in an incorrect manner, you can contact
us or you also have the right to lodge a complaint with the Spanish Data Protection Agency
(AEPD):
https://www.agpd.es/portalwebAGPD/index-ides-idphp.php
EXERCISING OF THESES RIGHTS
You may exercise your rights by sending a letter to the postal address indicated above or by email
info@elitefitnessgym.net, enclosing, in both cases, a copy of your NIF/NIE/Passport or similar
document.
V.- PERSONAL DATA PROCESSING.
GENERAL PROVISIONS
The personal data requested in each of the specific processing operations are strictly necessary;
refusal to provide them would mean that we would not be able to provide the requested service.
The communications of the personal data provided for in each of the specific processing operations
in some cases are necessary for the performance and maintenance of a contract and in other cases
for compliance with a legal obligation applicable to the responsible/controller.
IGITAL ASSISTANT - "CHATBOT" or "CHAT ONLINE"
In the event that this website uses online chat software, provided as a self-service to provide users with an
adequate and quick response to common questions and in improving customer services for the benefit of
users visiting the website, the following data will be subject to processing during the conversation with the
"chat bot": the IP address and other personal data entered into the chat bot's conversation function.
The collected data will not be used to personally identify the website visitor, and will not be merged with
personal data about the bearer of the pseudonym, unless the personal data is provided voluntarily when
using the online chat.
The legal basis for this processing is set out in Article 6(1)(f) of the GDPR.
CONTACT FORM
Personal data will be processed to channel requests for information, suggestions and complaints from users
or customers.
The legal basis that legitimates the processing of personal data is the express consent when marking "I
have read and accept the privacy policy".
Personal data will be kept for a period of two years from the moment they stop being processed, without
prejudice to the exercise of the rights that assist them as interested.
ELECTRONIC COMMERCE FORM (E-COMMERCE)
Personal data will be processed to manage your online purchases by processing your orders and returns via
our online services, send notifications about the status of delivery or in case of problems with the shipment
of items, manage your payments, complaints or questions about the guarantee of the products or services,
identify and validate their legal age to hire, as well as for and, if applicable, the formulation, exercise or
defense of claims
The legal basis that legitimates the processing of personal data is the express consent when marking "I
have read and accept the privacy policy".
Personal data will be transferred to the transport company to be able to get the order to your home, as well
as, payment service providers.
Personal data will be kept, as long as, the consent is not withdrawn, unless they should be kept for the
maintenance of the relationship between the parties or during the years necessary for compliance with
legal obligations.
POP UP COOKIES NOTICE
This website uses cookies and/or similar technologies, both its own and those of third parties, for
analytical purposes and to show you personalised advertising based on a profile drawn up from
your browsing habits.
We inform you that at, this time, only technical cookies are active, those strictly necessary for
correct navigation of the website. By clicking on "Accept" button, to accept all cookies so that we
can improve our services and provide you with a better experience. By clicking on "Configure"
button, to manage your cookies preferences and learn more about our cookie policy.
CONFIGURING COOKIES
This website uses cookies and/or similar technologies, both our own and those of third parties,
which store and retrieve information when you browse. In general, these technologies can serve a
variety of purposes, such as recognising you as a user, obtaining information about your browsing
habits, statistical purposes or personalising the way in which content is displayed. These cookies
and/or similar technologies provide the user with a greater experience.
You can then, check the cookies and/or similar technologies used on this website and manage
them according to your preferences.
OWN COOKIES
Technical or necessary
Technical or strictly necessary cookies are those taht enable the user to browse a website and the
use of the various options or services offered therein, such as, for example, controlling traffic and
data communication, identifying the session, accessing restricted access areas, remember items
making up an order, carry out the order purchase process, manage payment, control fraudulent
actions related to the security of the service, making a request for registration or participating in
an event, using security elements when browsing, storing contents for dissemination of videos or
sounds, enabling dynamic content (such as loading animation of a text or image), sharing content
through social media or custom ising the user interface, provided it is the latter who chooses the
desired customisation options. The legal basis for this processing is the execution and
maintenance of the service requested by the user. These cookies will remain active for as long as
the user remains on the website.
Customisation preference
Preference or customisation cookies are those that allow information to be remembered so that
the user can access the service with certain characteristics that can differentiate their experience
from that of other users, such as, for example, the language, the number of results to be shown
when the user carries out a search, the appearance or content of the service depending on the
type of browser on which the user accesses the service or the region from which they access the
service, etc. The duration of these cookies is the time that the user remains on the website
(session). The information is stored exclusively in the user's browser and is not used for any other
reason than to manage the user's preferences. The legal basis that legitimises the processing is
the express consent given by the user.
THIRD-PARTY COOKIES
Ananlysis or measurement
Analysis or measurement cookies are those that allow the responsible party for them to track and
analyse the behaviour of users of the website to which they are linked, including the quantification
of the impacts of the advertisements. The information collected on this type of cookie is used in
the measurement of the activity of the website, application or platform, in order to introduce
improvements based on the analysis of the usage data made by the users of the service. The legal
basis that legitimises the processing is the express consent given by the user. You can obtain
further information about these cookies and their conservation period by following the link(s) in
"Further information".
Further information on third parties:
- Google Analytics: How Google uses cookies. Types of cookies used by Google. Use of
Google Analytics on websites.
Behavioural advertising
Behavioral advertising cookies are those that store information on the behavior of users extracted
from continuous observation of their browsing habits, which allows the development of a specific
profile to display advertising based on it. The legal basis that legitimises the processing is the
express consent given by the user. You can obtain more information about these cookies and their
conservation period by following the link(s) in "More information".
More information on third parties:
- Google AdSense: How Google uses cookies. Types of cookies used by Google. Google advertising cookies.
CONFIGURING COOKIES
You can disable cookies through the cookie settings menu on the website. You can also allow or
block cookies, as well as delete your browsing data (including cookies) from the browser you use.
Follow these links to find out how to disable cookies from your browser:
Safari
Chrome
Internet Explorer
Mozilla Firefox
FURTHER INFORMATION ON PERSONAL DATA PROCESSING
Further information on personal data processing by clicking Privacy Policy on our website