The Application makes it possible to improve the physical training of the User practising an endurance sport through the analysis of his training data (hereafter the”Services”).
As such, it also presents the rights that the User has regarding the use of his personal data.
- Data controller
INNOV-TRAINING, a simplified joint stock company with share capital of 644.000 Euros, registered in the Marseille Trade and Companies Register under number 820 956 951, located 2 rue des Arrosants Parc d’activité de Napollon – 13400 AUBAGNE, represented by its director, Mr Karoly Spy, is responsible for data processing (hereinafter “INNOV-TRAINING”).
- Purposes of the Data Processing
The Data collected by INNOV-TRAINING are necessary for the proper functioning of the services offered by the Application and allow in particular:
- The provision of the Services offered by the Application:
The Data collected makes it possible to monitor the User’s physical activity, to accompany him in his training and to offer him personalised follow-up.
- The provision of information on products, services, events offered by INNOV TRAINING and its partners.
By creating a User account, the User authorizes INNOV TRAINING to send him emails, informing him of products and services offered by INNOV-TRAINING or its partners.
- Study, statistics and analysis
The Data allows INNOV-TRAINING to carry out studies and/or statistics.
The Data may be transferred to third parties for statistical studies. In this case, the Data will be anonymized.
- Other purposes
INNOV-TRAINING may also use the Data for other purposes. In this case, INNOV-TRAINING will provide Users with specific information at the time of collection and will seek the prior consent of the User if necessary.
III. The Data collected
The Data collected meet the purposes of the Application detailed in Article II. To this end, when the User creates an account (mandatory prerequisite allowing the use of the Application), INNOV-TRAINING collects the following Data :
- Information relating to identity: when the User creates an account, he provides the following personal information: name, first name, date of birth, e-mail address. Other information (gender) is optional and can be added by the user in the”My Account” page, once his account is created.
- Information on physical characteristics: this information includes weight. This data is obtained for the purposes mentioned in part II (ex: calculation of the weight / power ratio of the athlete). Other information (size) is optional and can be added by the user once his account is created.
- Information on physical condition: for the needs of implementation of the Services offered by the Application, the User provides information relating to his perception of effort at the end of his training, as well as his feeling in relation to reactions to training (fatigue, stress, aches, mood, quality of sleep). Other information (sport(s), training level) is optional and can be added by the user.
- Information related to geolocation: the Application aims to improve the User’s sporting performance. As such, the Application can record the route taken by the User during a training session if the User synchronizes his GPS watch with the Application. The fact of accessing, collecting and processing data relating to its geolocation allows INNOV-TRAINING to report on the performance achieved and the points to be improved for the User having agreed to be geolocalised. The User may withdraw his consent at any time and desynchronize his GPS watch from the Application. In this case, the User can no longer benefit from the Services of the Application based on its geolocation during its training.
- Motion Data: INNOV-TRAINING may use, for the needs of the Application Services, from the accelerometer of the User’s GPS watch, Data relating to its vertical and horizontal movements.
- Sensor data: INNOV-TRAINING can also, always for the needs of the Application Services, use Data concerning the User’s heart rate and variability.
- Payment information: INNOV-TRAINING relies on a third party tool (Stripe) to propose its payment module, none of the banking information provided by the user is stored by the Application, nor by INNOV-TRAINING.
- Miscellaneous Information: In some cases, the use of certain features of the Application may require providing INNOV-TRAINING with additional data or additional consent for the use of the Data for certain purposes. For example, the use of heart rate monitoring available on the Application may require connection to a heart rate monitoring tool. This additional data includes: identification of the smartphone through which the User connects, access to the network, storage information, cookies, IP addresses, data identifying the web browser and its version, web beacons and web beacons.
- User Data Management Tools
- Data Sharing
As part of the implementation and proper execution of the Services offered by the Application, INNOV TRAINING shares the Data with :
- INNOV-TRAINING employees are also required to process Data for the purposes referred to in Article II hereof.
- Data Protection and Management
Encryption & Security: INNOV-TRAINING uses various technical and organizational security measures such as encryption and authentication tools to ensure the security of your Data. These are stored on secure servers located in France and only accessible to a limited number of people with specific access rights to these systems.
Data retention period: INNOV-TRAINING keeps the Data as long as necessary for the performance of the Services offered by the Application.
Rights of the User: In accordance with the provisions of Articles 38, 39 and 40 of the Data Protection Act of 6 January 1978 as amended by the Act of 6 August 2004 and the Act of 17 March 2014, the User has the right to access, rectify, modify and delete data concerning him/her by simple written request addressed to the following address: 2 rue des Arrosants Parc d’activité de Napollon – 13400 AUBAGNE. To modify his subscription to notifications (by email or SMS) or to stop receiving communications from INNOV TRAINING, the User can change his preferences directly from his smartphone or on the website accessible on his user profile via the address www.gutai.training..
The processing of information collected by INNOV-TRAINING is not the subject of a declaration to the CNIL. As INNOX-TRAINING is still incubating at Belle de Mai, it benefits from the expertise and support of a Data Protection Officer (DPO) acting as Information Technology and Freedom Advisor (CIL). With a view to the May 2018 RGPD regularisation, the company plans to carry out an impact study in the summer of 2018.
INNOV-TRAINING uses, after express authorization of the User having checked the corresponding box, a cookie allowing the User to remain connected during 6 hours.
Every browser is different. INNOV-TRAINING therefore invites the User to check the “Help” menu of his browser to fully understand how to modify the cookie settings. Below are hypertext links to help topics on the most frequently visited sites.
VIII. Use of the Application via third party services
The Application allows interaction with other digital services.
For example, the Application can integrate third-party modules for activity monitoring, including nutritional monitoring.
If the User decides to connect his account with third party modules or accounts, his rights and Data will be governed by the conditions of these third party platforms.
These third-party sites and applications have their own data protection policies. INNOV-TRAINING advises the User to read them carefully.
Insofar as these third-party sites or applications are not owned or controlled by INNOV-TRAINING, INNOV-TRAINING cannot be held responsible for their content, use or personal data practices.
- Hypertext links
The User wishing to insert a hypertext link on his own site and/or blog, whether or not operated for commercial purposes, referring directly to the Application site, must expressly request prior written authorization from INNOV-TRAINING.
If applicable, the right granted by INNOV-TRAINING to the User to place, on his own site and/or blog, a link or a reference to the Application site does not mean that INNOV-TRAINING approves the content of these sites and/or blogs. In any case, INNOV-TRAINING cannot be held responsible for the link or link to the Application site appearing on other sites.
The User releases INNOV-TRAINING from any possible claims of third parties against it because of the violation by the User of the rights of third parties or applicable legislation in connection with the insertion of a hypertext link referring to the Application site.
- Questions and comments
The User may send INNOV-TRAINING any comments, questions or concerns by writing to: INNOV-TRAINING, 2 rue des Arrosants Parc d’activité de Napollon – 13400 AUBAGNE, by sending an email to email@example.com.
2018 Innov Training. All rights reserved. http://innov.training
GENERAL TERMS AND CONDITIONS OF SALE AND USE
- About us.
INNOV-TRAINING (hereinafter the “Company”) is a SAS with share capital of 1 001 000€, whose registered office is at Z9, Le Clos du Rocher, Route d’Aubagne – 13830 Roquefort la Bédoule and registered in the Companies Trade Register under number 820 956 951. The company offers the following service: to have services allowing to improve the performance in endurance of sportsmen.
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the “GTC / GCU”). The “GTC / GCU apply to all Services provided by the Company to its Clients in the same category, regardless of the clauses that may be included in the Client’s documents and in particular its general purchase conditions.
The General Terms and Conditions are systematically communicated to the client upon request.
The customer is obliged to read the GTC / GCU before placing any order.
In the event of subsequent modification of the GTC / GCU, the Customer is subject to the version in force at the time of his Order.
The data recorded in the Company’s computer system constitutes proof of the transactions concluded with the Client.
“Application” means the GUTAÏ application accessible from the www.gutai-training.com website and via smartphone stores.
“Customer” means any person or entity placing an Order on this Website or the GUTAI Application.
“Order” means any order placed by the User registered on the GUTAÏ Application in order to benefit from the Company’s services.
“General Terms and Conditions of Sale and Use” or “GTC / GCU” mean the present general conditions of sale and use online.
“Consumer” means the buyer who is a natural person who does not act for professional needs and/or outside his professional activity.
“Professional” means the buyer who is a legal or natural person acting within the framework of his professional activity.
“Services” means all services offered to Users by the Company through this Site or the GUTAI Application.
“Site” means this site, i.e. www.gutai-training.
“Company” means INNOV-TRAINING, more fully described in Section I hereof.
“User” means any person who uses the Site or the Application.
Registration to the Application is open to all legal or natural persons over the age of majority and over 13 years (under the consent of a parent, as formalised in the User’s registration process), and enjoying their full legal personality and capacity.
The use of the Services offered on the Site and on the Application is subject to the User’s registration on the Site. Registration is free.
To proceed with registration, the User must complete all mandatory fields; otherwise registration cannot be completed.
The Users guarantee and declare on their honour that all the information communicated on the Application, in particular at the time of their registration, is exact and in conformity with reality. They undertake to update their personal information from the “My account” page dedicated to them and available on their account.
Every registered User has a login and password. The latter are strictly personal and confidential and must under no circumstances be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each registered User is personally responsible for maintaining the confidentiality of his login and password. The Company shall under no circumstances be held liable for the usurpation of a User’s identity. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal entity or a natural person, may only hold an account on the Application.
In the event of non-compliance with the GTC / GCU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending Registered User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Application. Thus, any Order placed and invoiced by the Application before the account is deleted may be interrupted and not reimbursed.
In case of deletion of an account by the Company for breach of the duties and obligations set forth in the T&Cs/TOS, it is strictly forbidden for the offending User to re-register on the Application directly, through another email address or through an intermediary without the express authorization of the Company.
- Service and pricing
The Services covered by the GTC / GCU are those which appear on the Site and on the Application, and which are offered directly by the Company.
The services are described on the corresponding page within the Site and Application and mention is made of all essential characteristics. The company cannot be held responsible for the impossibility of providing said service when the User is not eligible.
When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros all taxes included (TTC) and takes into account the applicable discounts in effect on the day of the order.
The Company reserves the right to change its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order.
Under no circumstances may a User demand the application of discounts no longer in force on the date of the Order.
Following the implementation of the European directive DSP2, the Company modified its payment terms on 9/14/ 2019. In connection with the sale of its Services, the changes made are related to:
- strengthening authentication when connecting to online banking services;
- the improvement of security during online credit card payments.
Any order can only be made when the User has registered on the Application. The user, when logged into his account, can add Services to his features module by changing his Subscription.
A minor User may place an Order if he is at least thirteen years old. In this case, an e-mail request page from a parent will be requested. The minor undertakes to enter an e-mail address corresponding to that of a legal guardian. This legal guardian will have 72 hours to validate the payment made via the minor’s account. To do so, the legal guardian must validate the email sent by the Company to the address indicated by the minor.
VII. Performance of services
The services ordered on the Application will be provided by the Company.
The Company undertakes to use all human and technical means to carry out the service within the deadlines announced at the time the Order is placed. However, it cannot under any circumstances be held liable for delays in the performance of the service caused due to faults for which it is not responsible.
If the services have not been performed within the period provided for, the Customer may request resolution of the sale under the conditions provided for in Articles L138-2 and L138-3 of the Consumer Code. The sums paid by the Client shall be returned to him at the latest within fourteen days following termination of the contract.
This provision does not apply when the Company’s delay is due to a fault of the Client or to a case of force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company’s control.
The User has the possibility to order a training program consisting of several weeks, via the subscription to a GUTAI-TRAINING pack. Regardless of the training plan selected, this membership is indicative of a purchase (indicated on the application’s website) and not a monthly subscription. Consequently, the entire amount corresponding to the chosen training plan is due by the user to GUTAI, from the end of the 72-hour withdrawal period from the date of purchase of the program. From experience, GUTAI therefore recommends that users purchase a training program a few days before the desired start date, thus avoiding unexpected events that could disrupt the athlete’s preparation (e.g. injury). GUTAI cannot be held responsible for events leading the athlete to want to revoke the purchase of a GUTAI-TRAINING Pack.
VIII. Complaint and withdrawal
For all Orders placed on this Site, the Customer has a right of complaint of 72 hours from the provision of the Service.
To exercise this right of complaint, the Client must send the Company, at the address firstname.lastname@example.org, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents.
A complaint not respecting the conditions described above will not be accepted. After examination of the claim, the Company may replace or refund the provision of Services as soon as possible and at its own expense.
The Client will be reimbursed for all fees paid for the provision of services within 14 days following the Company’s receipt of its withdrawal declaration. The refund will be made by bank transfer.
However, if the provision of services has already begun on the date on which the Company becomes aware of the withdrawal, the value corresponding to the provision of services already performed will be deducted from the refund.
- Processing of personal data and cookies
In accordance with the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and proving his identity, to the following address: email@example.com. These personal data are necessary for the treatment of his Order and the establishment of his invoices if necessary.
The User’s data may be communicated to the Company’s partners in charge of the execution and management of Orders. The user may therefore receive information or commercial offers from the Company or its partners.
The user may at any time object to the receipt of these commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
As the Company is in the incubation period, it benefits from the expertise of an IT and Freedom Advisor. The processing of the information mentioned above has therefore not been declared to the CNIL.
To enable its Users to benefit from optimal navigation on the site and better operation of the various interfaces and applications, the Company may implement a cookie on the User’s computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular login, email, password).
The User expressly authorizes the Company to place on the User’s disk a file called a “cookie”.
The User has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents the User from using certain Services or features of the Application, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation as a result.
Within the Application, the user has free fields to store information about his training. Depending on the subscription formula chosen by the user, these fields may also be accessible by the user’s trainer. The user is fully informed that the information he enters in these free fields is accessible by his coach and therefore assumes the uses that the latter may make of it.
The Company reserves the right to modify the Site, the Application, the Services offered on it, the GTC / GCU as well as any delivery procedure or other component of the services performed by the Company through the Application.
When placing an Order, the User is subject to the provisions set forth in the GTC / GCU in force at the time the Order is placed.
The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website or the Application and, although it uses all means to ensure the service permanently, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site or Application unavailable in order to perform any update, improvement or maintenance operation.
As previously mentioned herein, the Company cannot under any circumstances be held responsible for delays in providing a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
XII. Intellectual Property
The trademark, logo and graphic charter of this Site and the Application are registered trademarks with the INPI and works protected under intellectual property, the ownership of which belongs exclusively to the Company. Any distribution, use, representation, reproduction, whether partial or complete without the express authorization of the said company will expose the offender to civil and criminal proceedings.
XIII. Attributive jurisdiction clause
The law governing the GTC / GCU is French law. Any dispute that may arise between the Company and a User during the execution of these terms and conditions shall be the subject of an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent ordinary courts.
The client is informed that he may resort to conventional mediation with the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or with existing sectoral mediation bodies. It may use any alternative dispute resolution method in the event of a dispute.
XIV. Prior to his Order, the Customer acknowledges having been informed, in a legible and understandable manner, of the General Terms and Conditions of Sale and General Terms and Conditions of Sale and of the information and information provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular :
- the essential characteristics of the Services,
- the price of the Services,
- the date or time by which the Company agrees to provide the Service,
- information relating to the Company’s identity (postal, telephone and electronic contact details),
- information on legal and contractual guarantees and how they are implemented,
- the possibility of resorting to conventional mediation in the event of a dispute,
- information relating to the right of withdrawal (time limit, terms of exercise).
The placing of an order on the Site or Application implies acceptance and acceptance of the GTC / GCU. The client will not be able to rely on a contradictory document.