PRIVACY POLICY
GYMSY MOBILE
The purpose of this Privacy Policy hereinafter: the Policy is to define the actions taken by the owner of GYMSY MOBILE, i.e. Jakub Zielinski conducting business activity under the name MC Jakub Zielinski with its registered office in Lublin (Poland), 20 Śliwkowa Street, 20-141 Lublin, NIP (TIN): 946-180-70-47 hereinafter: "MC" in the scope of protection of your Personal Data processed through GYMSY MOBILE, as well as within the framework of related services (including Companion Services).
In particular, the Policy sets out the scope and legal basis for the processing of your Personal Data that we collect in connection with your use of GYMSY MOBILE.
We receive your Personal Information from you when you set up an Account with GYMSY MOBILE, in connection with activities you perform on GYMSY MOBILE, post, view Offerings including in connection with the purchase of services offered on GYMSY MOBILE, and in connection with updates to your Personal Information made by you through GYMSY MOBILE.
MC is the controller of Personal Data of customers/specialists who are individuals. This means that MC determines the purposes and means of processing your Personal Data.
Your use of GYMSY MOBILE, is possible only after you have read the provisions of this Policy and the Terms and Conditions of GYMSY MOBILE.
All MC's activities in the operation of GYMSY MOBILE are subject to the laws that apply to the protection of personal data in particular the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC hereafter referred to as "RODO".
The scope of Personal Data processed by MC may vary depending on which services or functionalities provided by GYMSY MOBILE you use. To make it easier for you to understand which of your Personal Data we hold, information about the categories of Personal Data we process, broken down by the purposes of processing, is indicated below.
ACCOUNT REGISTRATION
Full access to GYMSY MOBILE requires registration and personal information. Registration with GYMSY MOBILE takes place in two stages.
I stage of GYMSY MOBILE account registration we require the following Personal Data:
The scope of the personal data provided in the second stage of registration depends on whether it concerns the registration of a client Account or a specialist Account (e.g. trainer).
In the second stage of registration for customer account registration, the customer should provide:
(3) In the second stage of registration in the case of registration of an account of a specialist (such as a trainer), the specialist should provide:
In addition, for specialists, a prerequisite for full activation of GYMSY MOBILE is the verification of the specialist by sending a code to the cell phone number. The specialist's cell phone number is used solely for the purpose of verifying the identity of the specialist, which will enable full activation of the Specialist Account. The phone number is not and will not be used for any other purpose.
When you create a user (customer/specialist) account, you enter into a contract with us for the provision of electronic services. This contract is the legal basis for processing your personal data in accordance with Article 6(1)(b) of the RODO.
If you do not provide the aforementioned Personal Data, it will not be possible to conclude an agreement with you for the use of your GYMSY MOBILE account and, consequently, you will not be able to use the GYMSY MOBILE services available to customers/specialists who have completed Registration. Similarly, when you are a specialist, the prerequisite for launching GYMSY MOBILE is to provide a cell phone number to which a verification code will be sent to launch GYMSY MOBILE.
Please note that once you register your Customer/Specialist Account and while using GYMSY MOBILE's services, you are required to continuously update any Personal Information you provide if there are any changes in any respect.
During your use of GYMSY MOBILE, we additionally collect information about your actions taken within GYMSY MOBILE, including, but not limited to, purchase history, Offers issued (applies to professionals only), comment content and ratings issued.
When using your Client/Specialist Account, you may also provide us with other optional Personal Data, e.g., by uploading a photo or graphic that may depict your image (avatar), thereby consenting to their processing. Providing such Personal Data is fully voluntary.
In addition, we may obtain your Personal Information in connection with your use of the option to log in to GYMSY MOBILE via third-party authentication services offered by other entities operating independently of MC (e.g., services offered by Google, Apple, or services offered within services, including those of a social networking nature - e.g., Facebook). In such case, we obtain your Personal Data only in the form of your name or customer name, email address and avatar published on such service or service, and we may assign this Personal Data to your Account or process it only for the purpose of such login on GYMSY MOBILE.
REMINDER!
1. when using third-party authentication services, you should familiarize yourself with the rules and regulations of the entities offering such services for the processing of personal data;
2. using social media on your own, you use a public profile (i.e., a profile that can be accessed by anyone who uses the Internet), you share your Personal Information based on your own thoughtful and informed decision. You should carefully consider the risks that may be associated with such public sharing of Personal Information, in particular your address or exact location. Such risks may include, for example, the possibility of being identified, loss of some privacy, and in extreme cases even identity theft.
STORAGE OF DATA IN THE USER'S ACCOUNT
GYMSY MOBILE allows Users to store information and data entered into GYMSY MOBILE. This functionality allows, among other things:
The data will be processed by GYMSY MOBILE for the sole purpose of storing it in one place and to enable the use of the services of specialists. The data will be processed within the scope of the consents given. Consent is given in order to ensure that the data storage functionality can be used and to enable the services of specialists.
MAKING AN APPOINTMENT WITH A SPECIALIST
When you make an appointment with a specialist we process the following personal data:
In addition, for the purpose of making an appointment, you have the opportunity to create a so-called questionnaire. In this questionnaire, you can provide data relevant to the appointment you plan to make with the specialist. Within the trauma questionnaire, the client can provide:
- gender;
- other information to facilitate cooperation with the specialist
REMEMBER: As a condition of creating a survey, you must give your consent to GYMSY MOBILE to process the health data contained in the survey. GIVING THIS CONSENT IS TANTAMOUNT TO AGREEING TO THE PROCESSING OF THIS DATA BY GYMSY MOBILE FOR THE PURPOSE OF CREATING THE SURVEY IN QUESTION.
REMEMBER: This data, after your additional consent, can be sent to the specialist, in order to carry out the Services you ordered from the specialist.
REMEMBER: In order to share the survey, it is necessary to give your additional consent to share the data contained in the survey. We will store this data and share it with the specialist of your choice for the purpose of visiting that specialist and for the purpose of performing the requested service. BY GIVING THIS CONSENT, YOU CONSENT TO THE SHARING OF THIS DATA WITH THE SELECTED SPECIALIST AND TO THE PROCESSING OF THIS DATA BY THIS SPECIALIST.
REMEMBER! When we share your personal data with a specialist, he or she becomes an independent and autonomous controller of your personal data, which will process personal data for its own purposes (in particular, to provide the requested Service) We encourage you to read the privacy policy of the specialist or facility for further information in this regard.
REMEMBER: For the above reasons, we will ask for your explicit consent to process your health data (pursuant to Article 9(2)(a) of the DPA). We need your consent in order to store this data, enable you to use the GYMSY MOBILE Services and EVENTUALLY to share it with a specialist of your choice. Without such consent, we will not be able to schedule an appointment with a specialist, nor will we be able to provide all of our Services.
REMEMBER: Health data will not be used for other purposes, (in particular, the data will not be the subject of any trading such as Sales). Consent to the processing of health data is voluntary and can be withdrawn by you at any time. In this case, the health information stored by us will be deleted (this does not apply, however, to the data provided to the specialist for the visit and after the visit, in which case the data will be deleted after the expiration of the data processing period indicated in this Privacy Policy). Other personal data (e.g., name, visit history) will be retained until the expiration of the retention periods indicated in this Privacy Policy.
You have the option to share all or selected data stored in your user account with a specialist. It is up to you to decide whether and which data you want to share with the specialist. Sharing this data is optional (GYMSY MOBILE requires you to give separate consent for entry into GYMSY MOBILE and then separate consent for sharing this data with the specialist).
When you schedule an appointment with a specialist, GYMSY MOBILE sends a confirmation of your appointment via email. We can also send you a reminder about your scheduled appointment if it's coming up. After the appointment, we can also request a review in GYMSY MOBILE.
PAYMENT FOR SERVICES
In the event that you make purchases (and sales) through GYMSY MOBILE, including making payments for the acquired (sold) service through GYMSY MOBILE, it may involve the processing of other Personal Data of customers/specialists as well, i.e. the data contained in the Offer (including, in particular, the content of the Offer), data about the transaction (in particular, in terms of bank account number, method of payment), data for VAT invoice and data enabling communication between the parties to the Transaction. As part of the above, MC may also have access to the content of messages sent between the parties to the Transaction (customer/specialist) as part of discussions and disputes.
In the operation of the services offered, we may also process Personal Data, including, but not limited to, turnover value, information about the services ordered, and information about the quality of the Services offered.
REMEMBER! The information posted by you in the Offers and messages exchanged between clients/specialists does not originate from MC and is not initiated by MC. For these reasons, to the fullest extent permissible under applicable law, MC is not responsible for the information provided in Offers and messages exchanged between clients/specialists. In Offers and messages exchanged between clients/specialists, to the extent possible, you should not provide Personal Information.
REMEMBER: When you include your Personal Information in Offers or messages exchanged between clients/specialists, you do so based on your own thoughtful and informed decision. Each time, carefully consider the risks involved in providing such information
INFORMATION ABOUT GYMSY MOBILE FUNCTIONALITY, IMPLEMENTATION OF NEW FEATURES.
We may also process your personal data for the purpose of providing you with information regarding the operation of the GYMSY MOBILE application, facilitating the use of GYMSY MOBILE, and sending you information about new features of GYMSY MOBILE. The data we may process for this purpose includes your email address.
Any User may opt out of receiving information of this nature at any time by sending GYMSY MOBILE the appropriate information to GYMSY MOBILE's service department. It will also be possible to opt out of receiving information of this nature by clicking on the appropriate link in the email received by the GYMSY MOBILE User.
CONTACT FORMS
In terms of your use of contact forms, we process such Contact Data as is necessary to conduct communication with you (e.g., to answer a question you have asked) and to fulfill your request. This may include such Personal Data as your name, email address or telephone number.
As part of our customer/specialist service, we may also make contact with you through the use of Personal Information placed in your Customer/Specialist Account for this purpose.
ANALYTICAL/STATISTICAL OBJECTIVES
Your Personal Data may also be processed by us for analytical and statistical purposes. For these purposes, we will primarily use information about your activity on GYMSY MOBILE, including information related to your use of particular services, as well as Personal Data about your preferences and expectations. By way of surveys sent to customers via email or provided directly through GYMSY MOBILE. The information we collect about you in this regard may constitute Personal Information. We may process Personal Data such as, but not limited to, your IP address, data derived from cookies, parameters of the software and hardware you use, configuration of your device (e.g. data on installed plug-ins). In this regard, we will use the best tools available on the market, i.e. Google Analytics and Microsoft Clarity.
We have partnered with Microsoft Clarity and Microsoft Advertising to record how people use and interact with our website and applications using behavioral metrics, heat maps and session replay to improve and market our products/services. Site and app usage data is collected using our own and third-party cookies and other tracking technologies to determine product/service popularity and online activity. In addition, we use this information for site and app optimization, fraud/security purposes and advertising. For more information on how Microsoft collects and uses data, please see Microsoft's Privacy Statement https://www.microsoft.com/pl-PL/privacy/privacystatement.
CLAIMS
We may process your Personal Data in connection with our right to assert or defend against claims. For this purpose, MC will process your Personal Data for the entire period during which claims arising out of the agreement you concluded with MC or related to your use of MC's services have not become time-barred in accordance with applicable law. This may include, for example, purchase data, debt amount, transaction data, or information obtained in connection with your contacting MC and/or a specialist. The scope of Personal Data processed by us may vary from time to time, depending on the subject of the claim.
II. DATA THAT WE COLLECT AUTOMATICALLY WHEN YOU USE GYMSY MOBILE
When you use our GYMSY MOBILE, we automatically collect the following information about you:
Device Data - When you use GYMSY MOBILE, we collect information about the device you use GYMSY MOBILE with, such as operating system version and unique identifiers (e.g., the name of the mobile network you use, IP address, device language settings, device make and type, operating system and device version, browser type and version, and software information about your device, such as fonts, system and browser time zone, available video and audio formats).
Location Information - Depending on the privacy settings of the device through which you use GYMSY MOBILE , we automatically collect and process information about your current location. We use a variety of technologies to determine your location, including IP address, GPS, Wi-Fi access points and cell phone stations. Your location data allows us to display and view Offers posted on GYMSY MOBILE in your area. In the event that we need your location data, we will first display a pop-up asking you to allow or deny access to your location data on your mobile device.
Login Data - When you use GYMSY MOBILE, we collect information about your login (date of Registration, date of last password change, date of last successful login).
III. DATA OBTAINED FROM OTHER CUSTOMERS (EVALUATIONS AND OPINIONS)
If you are using GYMSY MOBILE as a specialist, we collect and share information provided by other customers on their evaluation and feedback regarding their contact with you or the quality of your Services - in accordance with our Terms and Conditions. This is an element of the services offered under GYMSY MOBILE to evaluate the Services, to ensure competitiveness and to ensure the best level of communication between customers (specialists), to verify undesirable actions and behaviors and to enable us to take appropriate actions in this regard to impose high standards on the Services provided under GYMSY MOBILE.
Your data will be processed for:
REMEMBER: In each of the aforementioned cases, your personal data will be kept for the time necessary for each of the purposes listed above.
V. YOUR RIGHTS/RIGHTS REGARDING THE PROCESSING OF PERSONAL DATA AND THEIR EXERCISE
As part of GYMSY MOBILE, we enable you to fulfill all your rights under the RODO, i.e. the rights described in Article 15-22 of the RODO, i.e.:
The right to access your Personal Data - we enable you to obtain information about the processing of your Personal Data by MC, including, in particular, the purposes and legal basis for the processing, the scope of the data held, the entities to which your data are disclosed, and the planned date of deletion.
Right to obtain a copy of your Personal Data - we allow you to obtain a copy of your Personal Data that is processed by MC.
Right to rectification of Personal Data - in case you notice that your Personal Data is incorrect or incomplete. In such a situation, after receiving the relevant information from you, we undertake to promptly remove any inconsistencies or errors in the Personal Data processed and complete it if it is incomplete.
The right to erasure of Personal Data - in the event that: a) your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed by MC; b) you revoke your consent to the processing of Personal Data or object to the processing of your Personal Data and there is no other legal basis for the processing; your Personal Data is processed unlawfully.
REMEMBER: Personal data is deleted after the termination of the contract with the MC and possibly with the specialist. To delete them, first terminate your contract with MC and possibly with the specialist. The right to delete personal data is not an absolute right and MC may refuse to delete your personal data. This is the case if there are circumstances under which we may process your personal data after the termination of the contract. If you have used services through GYMSY MOBILE, your personal data will be processed for 3 years calculated from the end of the year in which the termination of the contract took place. The legal basis in this situation is MC's legitimate interest (Article 6(1)(f) RODO), which is to defend MC's rights.
After termination of the contract, we will process your data only for the purposes indicated below, based on MC's legitimate interest, which is: 1) asserting and defending against claims, including debt collection, litigation, arbitration and mediation; 2) conducting statistical analysis; 2) ensuring accountability (demonstrating our compliance with legal obligations).
Once these processing purposes expire, the data will be automatically deleted from GYMSY MOBILE.
The right to restrict the processing of Personal Data, which is a right that allows you to ask us to stop the processing of your personal data in the following situations: a) when you want us to verify the accuracy of the data; b) when our processing is unlawful; c) when you need the data to establish, assert or defend claims, even though we no longer need your data for our own processing purposes; d) when you have objected to our processing, but we need to verify that we still have an overriding and legitimate basis to continue processing your personal data.
The right to transfer Personal Data, which is the right to provide you or a third party you designate with your Personal Data in a structured, commonly used, machine-readable format. Note that you have this right only with respect to data processed on the basis of consent or the premise of performance of a contract you have entered into with us, and the processing itself is carried out by automated means (in computer systems).
The right to object to the processing of Personal Data for marketing purposes, which you may exercise at any time if your Personal Data is processed for marketing purposes, without having to justify such objection.
The right to object to other purposes for the processing of Personal Data, which you may exercise at any time, on grounds related to your particular situation, if your Personal Data is processed on the basis of MC's legitimate interests (e.g. for analytical or statistical purposes). An objection in this regard should contain a justification and indicate the grounds for the request in this regard.
Right to withdraw consent to the processing of your Personal Data. If you have given us consent to process your Personal Data, you have the right to withdraw it at any time. Withdrawal of consent does not affect the lawfulness of processing that was carried out on the basis of consent before its withdrawal. If you have given us consent to receive commercial or marketing information under separate regulations, you also have the right to withdraw it at any time.
REMEMBER: The exercise of your rights is, in principle, free of charge: which means that, in principle, you will not have to pay a fee for the exercise of the right of access to your personal data (or for the exercise of any other rights). However, we may charge a reasonable fee if your request is manifestly unreasonable or excessive, particularly due to their continuing nature. In such cases, we may also refuse to comply with your request.
If you exercise your right to object to the profiling of Personal Information, you should log out of all devices and delete cookies from them (in some cases, the process may take up to 48 hours).
REMEMBER: You have the right to file a complaint regarding our processing of your Personal Data to the supervisory authority, which is the President of the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).
For the purposes of processing the Personal Data indicated in this Privacy Policy, MC may provide your Personal Data to the following third parties:
NOTE!
REMEMBER: If you use our Services and decide as a specialist to offer your services and for sale through GYMSY MOBILE, you may decide to disclose certain personal information to other customers (specialists) of GYMSY MOBILE. This information may include your name, email address, your location and contact number.
REMEMBER! If you use our Services and decide as a customer (as part of your customer account functionality, to use GYMSY MOBILE) to share personal information with other customers (professionals) as part of an agreement to provide electronic services. This information may include your name, email address, your location and contact number, and other data as you indicate on your GYMSY MOBILE profile.
REMEMBER that any information you disclose to other customers may be passed on, so you should be very careful about this. Some information may be made available to the public automatically when you publish an Announcement - such as your rating.
As part of your use of GYMSY MOBILE, there may be transfers of your Personal Data outside of the - European Economic Area - EEA.
In situations where we transfer your personal data outside the "EEA," we ensure that a similar level of protection is provided by implementing one or more of the following safeguards:
Your Personal Data may be transferred outside the European Economic Area to, among others:
VII. PERIOD OF PROCESSING OF PERSONAL DATA
VIII. SECURITY MEASURES
MC always operates on the basis of mechanisms and procedures to ensure an adequate degree of protection of Personal Data, including through the use of standard contractual clauses for the transfer of Personal Data to processors located in third countries approved by the European Commission.
The data we collect about you will be stored and processed both inside and outside the EEA on appropriately secured servers in order to provide GYMSY MOBILE customers with the best possible service.
REMEMBER: Despite the measures we have implemented to protect your Personal Information, sharing information via the Internet or publicly accessible networks is never completely secure and there is a risk that unauthorized third parties will gain access to your Personal Information.
If it is necessary to change the provisions of this Privacy Policy, the provisions of the Regulations of GYMSY MOBILE shall apply accordingly.
You will receive more information about the processing of your Personal Data, including answers to questions about the scope of the Privacy Policy, by contacting us via the GYMSY MOBILE contact form or by email: kontakt@gymsy.pl
In addition, it is possible to contact at the postal address of Mind Consulting Jakub Zieliński, 20 Śliwkowa Street, 20-141 Lublin, Poland.
XI. SUPERVISORY AUTHORITY
In matters related to the processing of Personal Data, the supervisory authority is the President of the Office for Personal Data Protection (address: President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).