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Regulations for the provision of services by electronic means

(effective from 20 June 2025)

These Regulations for the Provision of Services by Electronic Means constitute regulations: (i) within the meaning of Article 384 of the Civil Code and (ii) within the meaning of Article 8 of the Act on the Provision of Services by Electronic Means.

§ 1. GENERAL PROVISIONS

  1. These Regulations for the Provision of Services by Electronic Means define rights and obligations of the Service Provider and the Service Recipient in connection with the Service Provider’s provision of services by electronic means via the Website, including in particular within the functionalities made available in the Client Zone by the gym operating under the name “GRAFIT” (hereinafter referred to as the “Club”), located on the first floor in the Elemental office building, situated in Grodzisk Mazowiecki at ul. Traugutta 42a, 05-825 Grodzisk Mazowiecki, owned by Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. Gen. L. Okulickiego 21, 05-825 Grodzisk Mazowiecki, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, Warsaw in Warsaw, 14th Commercial Division of the National Court Register under number KRS 0001064222, having NIP 1182016124, REGON 142112826 (hereinafter referred to as the “Club Owner”).
  2. In order to exercise the rights specified in the Regulations for the Provision of Services by Electronic Means, the Service Recipient may contact the Club by traditional mail addressed to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki, by e-mail sent to the following address: kontakt@grafit.biz.pl, or by calling at +48 509 057 607.
  3. The Club provides sports and recreational services, in particular the possibility of using the Gym and Personal Training.
  4. Detailed terms and conditions of using the services provided at the Club are specified in the Regulations.
  5. The Regulations for the Provision of Services by Electronic Means, the Regulations and the Regulations of External Trainers are made available to Service Recipients free of charge via the Website in a form that enables them to be downloaded, saved on a medium, saved and printed, as well as at the Club Reception.
  6. The Service Recipient is obliged to read the Regulations for the Provision of Services by Electronic Means before starting to use the Services.
  7. The terms used in these Regulations for the Provision of Services by Electronic Means shall be understood, unless the context requires otherwise, according to the definitions provided below, as well as other definitions contained in the Regulations for the Provision of Services by Electronic Means:
    1. Administrator – shall have the meaning assigned to it in § 8 section 1 of these Regulations for the Provision of Services by Electronic Means.
    2. Club Member – a person who has concluded a Membership Contract.
    3. Membership – shall mean the period of validity of the Pass resulting from the Membership Contract, during which the Club Member is entitled to use the services provided in the Club under the terms and conditions specified in the Regulations and to the extent specified in the offer for the selected Pass.
    4. Trainer Membership – the period of validity of the Trainer Pass, during which the External Trainer is entitled to use the technical fittings, including devices and equipment enabling the conduct of Personal Training, in order to provide Personal Training in the Club to natural persons (Clients of the External Trainer) and to use the services provided in the Club.
    5. Identity Document – a valid document on the basis of which Client’s identity can be established, containing the name and surname and photograph, issued by a public administration authority (in particular an identity card, passport, residence card, driving license), school (school ID, student ID), or another entity authorized to issue documents confirming a specific status of a person (e.g. pensioner ID card, disabled person ID card). Company identification badges are not an Identity Document. An Identity Document is also understood as showing the screen of the Client’s mobile device containing the personal data of that Client displayed using the mObywatel application. In the case of Clients using Partner Cards, the Club Reception Staff has the right to request presentation of a specific document confirming their identity or authorization to use a given type of card, in accordance with the terms of cooperation specified by the card operator.
    6. Pass – a subscription that entitles its user to use the Club services for a period of 30 (thirty) consecutive calendar days, counting from the start date indicated when purchasing the Pass. The Pass is only available to the person to whom it was assigned, which means that it cannot be transferred or lent to other people. A detailed scope of services covered by the Pass and the terms of its use are determined by the type of subscription selected. The following types of Passes are available:
      1. OPEN GYM – Pass valid for 30 (thirty) days, entitles to unlimited use of the Gym for 7 (seven) days a week, 24 (twenty-four) hours a day;
      2. SMART – Pass valid for 30 (thirty) days, entitles to unlimited use of the Gym for 7 (seven) days a week, from 6:00 a.m. to 4:00 p.m.;
      3. MINI – Pass valid for 30 (thirty) days, entitles you to 4 (four) entries, including access to the Gym 7 (seven) days a week, 24 (twenty-four) hours a day.
        A detailed scope of services covered by respective Passes as well as terms of their use are specified in the Club’s current offer available on the Website and at the Club Reception.
    7. Trainer Pass – a subscription purchased for the purpose of providing services in the Club by the External Trainer to the Clients of the External Trainer, authorizing the External Trainer to use the technical infrastructure, including devices and equipment located in the Club, in accordance with the current offer of the Club, for the period and under the conditions specified in the Trainer Contract. The following types of Trainer Passes are available:
      1. BASIC Trainer Pass – entitles to unlimited entry to the Club for the purpose of holding Personal Training Sessions in the training space for subsequent 30 (thirty) calendar days from the start date indicated during the purchase;
      2. PREMIUM Trainer Pass – entitles to unlimited entry to the Club for the purpose of holding Personal Training Sessions in the training space for the subsequent 30 (thirty) calendar days from the start date indicated during purchase, and also ensures:
        – publication of the photo and description of the External Trainer on the Club Website,
        – publication of the External Trainer’s telephone number on the Club Website.

      A detailed scope of services covered by respective Trainer Passes as well as terms of their use are specified in the Club’s current offer available on the Website and at the Club Reception.

    8. Membership Card or Club Member Card – a document containing information on the rights to use the Club in accordance with the Membership Contract concluded by the Club Member and the Trainer Contract concluded by the External Trainer.
    9. Single-Use Card – a card issued to persons using the services of the Club on the basis of: Single Entry, First Trial Entry or Personal Training with the Club Trainer, as well as Partner Cards, enabling access to the Gym as well as opening and closing a locker in the changing room. A person receiving the Single-Use Card is obliged to return it after finishing training – directly at the Club Reception or, in the event of leaving the Club after its working hours, in a place designated for this purpose.
    10. Partner Card or Sports Card – a document issued by partners cooperating with the Club, based on an agreement concluded with it, entitling to use the services provided in the Club. Information on currently accepted Partner Cards is available on the Website and at the Club Reception.
    11. Client – a natural person having the status of a Club Member or a natural person who is not a Club Member and uses the Club services on another basis specified in the Regulations. The Client may be an adult or a Minor.
    12. External Trainer’s Client – a natural person with the status of a Club Member who uses the services provided in the Club on the basis of the OPEN GYM Pass, for whom the External Trainer provides paid services, i.e. Personal Training.
    13. Civil Code – the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2024, item 1061, 1237, as amended).
    14. Consumer – in accordance with Article 22 1 of the Civil Code, means a natural person who enters into a legal transaction with the Club Owner acting as an entrepreneur, that is not directly related to his/her business or professional activity, in particular concluding a Membership Contract for private, recreational or health purposes, and not for commercial purposes.
    15. Account – a set of resources and permissions assigned to a specific Client or External Trainer in the Client Zone, available after logging in.
    16. Minor – a person who is over 15 but not yet 18 years of age and has the written consent of his/her Legal Representative to use all services offered in the Club.
    17. Club Staff – manager, trainers, instructors, Club Reception staff.
    18. First Trial Entry – a one-time, free opportunity to use the Club services, available to a person using the Club services for the first time. The right to the First Trial Entry is granted after reading and accepting the Regulations and filling in the data in the form available at the Club Reception, together with expressing consent to the processing of personal data for the purposes indicated in the form. As part of the First Trial Entry, it is possible to use the Gym once.
    19. Statutory Representative – a person authorized by law to represent a Minor, in particular his/her parent or legal guardian, who acts on his/her behalf, consents to the Minor using the services provided in the Club and is responsible for Minor’s compliance with the Regulations.
    20. Club Reception – a designated place on the Club premises used to provide services to Club Clients. The last Client (understood as the Client using Single Entry, First Trial Entry or an accepted Partner Card) is served no later than 30 (thirty) minutes before the end of Reception work.
    21. Regulations – a document specifying the rights and obligations of persons using the services provided in the Club, published as the Grafit Club Regulations.
    22. Regulations for the Provision of Services by Electronic Means – this document specifying rights and obligations of the Club Owner and the Client in connection with the provision of electronic services by the Club Owner via the Website, including in particular within the functionalities provided in the Client Zone. These Regulations govern the principles of using services provided online, such as registering an Account, logging in to the Client Zone, purchasing Gym Passes, Single Entries, Trainer Passes, making payments and managing purchased services.
    23. Regulations for External Trainers – regulations specifying: rights and obligations of persons (i.e. External Trainers) who have concluded a Trainer Contract with the Club Owner, rules conducting Personal Training Sessions by External Trainers on the premises of the Club, in particular conditions for obtaining consent, organizational obligations, payment terms, and rules liability of the External Trainer. The Regulations for External Trainers constitute Schedule No. 1 to the Regulations.
    24. GDPR – has the meaning given in § 8 section 2 letter a of these Regulations for the Provision of Services by Electronic Means.
    25. Gym – a part of the Club dedicated to training, equipped with professional equipment for strength, functional and endurance exercises. It includes, among other things, a free weight zone, strength machines, functional training, cardio and a chillout zone with Wi-Fi access.
    26. Website – the website of the Club available at grafit.biz.pl.
    27. Client Zone – an electronic service available to Clients and External Trainers after registering and logging into the Account via the Website, containing a set of information used to identify them and enabling access to data regarding the concluded Membership Contract (purchased Passes), Trainer Contract (purchased Trainer Passes), purchased Single Entries and other purchased services, in particular Personal Training. The Client Zone also enables direct purchase of Passes, Trainer Passes and Single Entries, making payments and managing services from among the Club’s offer.
    28. Club Trainer – a person conducting Personal Training on the premises of the Club, acting on the basis of a civil-law contract concluded with the Club Owner, performing services in the name and on behalf of the Club.
    29. External Trainer – a person who has concluded a Trainer Contract with the Club Owner for purposes directly related to his/her business or professional activity, the subject of which is:
      1. paid use of technical fittings, including devices and equipment, in connection with the provision by the External Trainer of paid services, i.e. Personal Training for individuals (Clients of the External Trainer) and
      2. use of the services provided at the Club.

      Under the Trainer Contract, the External Trainer acquires a Trainer Membership. By entering into the Trainer Contract, the External Trainer declares that he/she is not a Consumer and agrees that the rights and obligations of both him/her and the Club Owner be determined by the Regulations for External Trainers.

    30. Personal Training – individual sports classes conducted by a qualified Club Trainer or External Trainer, tailored to the needs, goals and capabilities of the participant, aimed at improving overall physical fitness, health and achieving the intended training results. Fees for Personal Training conducted by the Club Trainer are specified in the Price List available on the Club Website and at the Club Reception.
    31. Membership Contract – a contract providing for paid use of services available in the Club, concluded between the Club Owner and the Club Member, under the terms and conditions set out in these Regulations and in accordance with the purchased subscription (Pass).
    32. Club Services Contract – any contract concluded with the Club Owner, providing for the use of services offered by the Club, including in particular: Membership Contract (concerning the purchase of a Season Pass), a contract for the purchase of a Single Entry, Trainer Contract (concerning the purchase of a Trainer Pass), as well as other contracts providing for access to the services of the Club. The contract may be concluded both at the Club Reception and online, i.e. via the Website and the Client Zone.
    33. Account Management Contract – a contract for the provision of services by electronic means, concluded between the Club Owner and the Client or External Trainer at the time of their registration in the Client Zone, the subject of which is to enable the use of the Client Zone functionalities, under the terms and conditions specified in the Regulations for the Provision of Services by Electronic Means.
    34. Contract for the Provision of Services by Electronic Means – has the meaning assigned to it in § 5 (2) of these Regulations for the Provision of Services by Electronic Means.
    35. Trainer Contract – a contract providing for paid use of the technical infrastructure, including devices and equipment located in the Club, in connection with the provision by the External Trainer of paid services, i.e. Personal Training for individuals (Clients of the External Trainer) and for the use of services provided in the Club, concluded between the Club Owner and the External Trainer, under the terms and conditions resulting from the External Trainers Regulations and in accordance with the purchased subscription (Trainer Pass).
    36. Service Provider – the Club Owner, i.e. Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. Gen. Leopolda Okulickiego 21, 05-825 Grodzisk Mazowiecki, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under number KRS 0001064222, having NIP 1182016124, REGON 142112826.
    37. Service Recipient – Client, Club Member, External Trainer, or other person using the Services provided by the Service Provider by electronic means.
    38. Services – services provided by electronic means consisting in making the Website and the Client Zone available to the Service Recipient, and in maintaining the Account, which are rendered by sending and receiving data via teleinformatic systems, at Service Recipient’s individual request, without the simultaneous presence of the parties.
    39. Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2024, item 1796, as amended ), regulating the rights and obligations of consumers and entrepreneurs in the scope of contracts concluded with consumers, including contracts concluded at a distance or outside business premises, in particular regarding the right to withdraw from the contract without stating a reason within 14 (fourteen) days.
    40. Act on the Provision of Services by Electronic Means – the = Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2024, item 1513, as amended), regulating rights and obligations of service providers and service recipients in the scope of providing services by electronic means, in particular with regard to the principles of concluding and terminating contracts for the provision of such services, technical requirements for the provision of services, principles of service provider’s liability, as well as protection of personal data and transmission of commercial information.
    41. Single Entry – a service entitling the Client to a single entry to the Gym, under the terms and conditions specified in the Regulations, after the Client has paid a single fee as specified in the Price List, as well as has read and accepted the Regulations.

§ 2. TYPES, SCOPE AND CONDITIONS OF SERVICE PROVISION

  1. The Service Provider enables the use of the Website, containing data individually requested by the Service Recipient, including in particular information regarding the Club, the type and scope of services offered, the method of using the services provided in the Club, contact details, information on applicable regulations, which can be found in dedicated tabs. In addition, the Service Provider provides the Service Recipient with such services by electronic means as the possibility of purchasing a Gym Pass, Single Entry, Trainer Pass, and managing the Account via the Client Zone.
  2. Using of the Website means any action by the Service Recipient that results in him/her becoming familiar with the content contained on the Website.
  3. The Service Provider, via the Internet and the Website, provides the Service Recipient with Services consisting in maintaining and managing an individual Account in the Client Zone.
  4. The Client Zone enables the Service Recipient to conclude a Club Services Contract by online sales, access information on the concluded Club Services Contract, make payments for selected services provided in the Club, view the history of Club Services Contracts and payments, and access other services described in the Account, in particular Personal Training.
  5. The Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, subject to the section below.
  6. The Service Provider undertakes to provide the Services continuously and uninterruptedly. At the same time, the Service Provider reserves the right to temporarily cease providing the Services due to the need to carry out maintenance activities, perform service work or activities related to the modification of the Website and the Client Zone. The Service Provider will inform the Service Recipient about the temporary cessation of providing the Services for the above-described reasons by means of a message posted on the Website and in the Client Zone, in which it will indicate the expected duration of these obstacles to the provision of the Services.
  7. Provision of the Services by the Service Provider is free of charge.
  8. The Service Provider shall not be liable for the use of the Website and the Client Zone in a manner inconsistent with the provisions of the Regulations for the Provision of Services by Electronic Means and in a manner inconsistent with applicable legal regulations.

§ 3. TECHNICAL REQUIREMENTS

  1. In order to properly use the Services, the Service Recipient should have computer hardware and software that meets the following minimum technical requirements enabling the use of the Website and the Client Zone:
    1. a computer, tablet, smartphone or other electronic device with Internet access,
    2. the Service Recipient should have an active e-mail account,
    3. an operating system: Windows 10 or newer, macOS 11 (Big Sur) or newer, Android 10 or newer, iOS 14 or newer,
    4. an up-to-date version of a web browser: Google Chrome, Mozilla Firefox, Microsoft Edge or Safari – no older than the last two stable versions.
  2. The Service Provider reserves the right to make changes to technical parameters necessary for the proper functioning of the Website and the Client Zone. Such changes do not constitute a change to these Regulations for the Provision of Services by Electronic Means, unless they affect the type and scope of Services provided by electronic means.
  3. The Service Provider does not guarantee the proper functioning of the Website and the Client Zone in a situation where the Service Recipient uses hardware or software that does not meet the minimum technical requirements specified in section 1.

§ 4. ILLEGAL CONTENT

  1. The Service Recipient is obliged to use the Website and the Client Zone in accordance with their intended purpose, in a manner consistent with applicable laws, good customs and with respect for personal rights, copyrights and intellectual property rights of the Service Provider or third parties.
  2. The Service Recipient is prohibited from providing illegal, offensive, false or misleading content, as well as from taking any action that may disrupt or damage the operation of the Website or the Client Zone.
  3. The Service Recipient is not allowed to interfere with the content, structure, mechanism of operation, graphics or any other technical elements of the Website or the Client Zone, nor to use them in a manner contrary to their function or in a way that violates the rights or legitimate interests of the Service Provider or third parties.
  4. It is forbidden to reproduce, distribute or use in any field of exploitation, in any form and in any manner, the content or fragments of the content posted on the Website or in the Client Zone (in particular texts, logos, graphics, photos) without the Service Provider’s prior written consent. This content constitutes intellectual property protected by law, owned by the Service Provider or entities with which the Service Provider has concluded relevant contracts.

§ 5. CONDITIONS FOR CONCLUDING AND TERMINATING CONTRACTS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. The facts of starting to use the Services shall be tantamount to reading and accepting the Regulations for the Provision of Services by Electronic Means.
  2. At the moment of starting to use the Services, i.e. entering the Website, the Service Recipient concludes a contract for the provision of services by electronic means (hereinafter referred to as the “Contract for the Provision of Services by Electronic Means”) with the Service Provider relating to:
    1. the ability to view content published on the Website,
    2. obtaining access to dedicated tabs,
    3. obtaining the possibility to view information, including in particular information about the Club, the type and scope of services offered, the method of using the services provided in the Club, contact details, information about applicable regulations,
    4. obtaining the option to purchase a Gym Pass, Single Entry, Trainer Pass and other services,
    5. obtaining access to the contact form,
    6. obtaining access to the functionalities of the Client Zone that do not require registration.
  3. The Contract for the Provision of Services by Electronic Means specified in section 2 above shall be terminated automatically without the need to submit additional declarations of intent if the Service Recipient leaves the Website.
  4. Upon registration in the Client Zone, the Service Recipient concludes an Account Management Contract with the Service Provider.
  5. The use of the Account in the Client Zone by a Minor is possible only after a personal visit of the Legal Representative to the Club and after delivering to the Club Reception a correctly completed and signed declaration of the Legal Representative on the consent to conclude the Account Management Contract (in accordance with the declaration template available on the Website or at the Club Reception). Additionally, during registration, the Minor is required to submit a declaration by checking a relevant box in the registration form that he/she will deliver the indicated document and arrive at the Club together with his/her Legal Representative.
  6. The Account Management Contract shall be concluded for an indefinite period.
  7. The Service Recipient is obliged to update the contact details in the Account if any changes occur during the term of the Account Management Contract.
  8. The Service Recipient shall have the right to terminate the Account Management Contract by requesting the Service Provider to delete the Account at any time, without stating a reason. The Account shall be deleted no earlier than on the date of expiry of the last active Club Services Contract, i.e. after the expiry of the validity period of the purchased Pass or Trainer Pass, or after using the Single Entry. The request to delete the Account may be submitted in writing via traditional mail addressed to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki, by e-mail sent to the e-mail address: kontakt@grafit.biz.pl or in person at the Club Reception.
  9. The Service Provider is entitled to terminate the Account Management Contract without observing the notice period or to temporarily block the Account, which results in limited ability to use its functionalities, in the event of a material breach by the Service Recipient of the provisions of the Regulations, the Regulations for the Provision of Services by Electronic Means or the Regulations for External Trainers, applicable legal regulations, principles of social coexistence or legitimate interests of the Service Provider – after a prior unsuccessful call to the Service Recipient to cease the violations or remove them within a specified period. The Service Recipient will be informed of the decision in this respect by e-mail within 3 (three) days of its adoption.
  10. The Service Provider reserves the right to delete the Account if the Service Recipient has not used the Club’s services for an uninterrupted period of 24 (twenty-four) consecutive months and has not concluded any Club Services Contract. The Service Recipient will be notified thereof 14 days in advance by e-mail sent to the e-mail address provided during registration. The Account Management Contract shall be terminated on the date of deletion of the Account.

§ 6. COMPLAINTS

  1. The Service Provider shall be liable for non-performance or improper performance of the Services provided by electronic means in accordance with generally applicable legal regulations.
  2. Any comments regarding the Services provided by electronic means by the Service Provider, complaints regarding compliance of the Services provided with the Contract for the Provision of Services by Electronic Means or the Account Management Contract, may be submitted by the Service Recipients in writing by leaving a letter at the Club Reception, by regular mail addressed to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki or by e-mail sent to the following address: manager@grafit.biz.pl.
  3. The Service Recipient’s letter regarding the complaint, claim or application should include the name and surname, login, description of the matter and the correspondence address or e-mail address to which the Service Provider should respond, otherwise there may be no possibility to provide a response.
  4. The response to complaints, claims and applications will be provided in writing to the indicated correspondence address or electronically to the indicated e-mail address within 14 (fourteen) days from the date of receipt thereof.
  5. After completing the complaint procedure, the Service Recipient who is a Consumer has the option of using out-of-court methods of handling complaints and pursuing claims, in particular he/she may:
    1. request the competent voivodship inspectorate of the Trade Inspection to conduct proceedings on the out-of-court resolution of a consumer dispute – Alternative Dispute Resolution (ADR),
    2. submit an application for consideration of the case by a permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection,
    3. use free assistance of the municipal or poviat consumer ombudsman,
    4. contact social organizations whose statutory goal is to protect consumer rights (e.g. Consumer Federation, Association of Polish Consumers).
  6. Using the these methods of handling complaints and pursuing claims is voluntary, which means that both parties must consent to such a procedure.

§ 7. WITHDRAWAL FROM A DISTANCE CONTRACT

  1. The Service Recipient who is a Consumer has the right to withdraw from the Account Management Contract, without stating any reason, within 14 (fourteen) days from the date of conclusion of the Account Management Contract, i.e. registration in the Client Zone and setting up an Account.
  2. In order to withdraw from the Account Management Contract as referred to in section 1, the Service Recipient is obliged to submit a declaration of withdrawal from the Contract.
  3. The declaration of withdrawal from the Account Management Contract may be submitted by the Service Recipient in writing, in person at the Club Reception, by registered mail addressed to ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki or by e-mail sent to the following address: kontakt@grafit.biz.pl. A template of the declaration of withdrawal from the Account Management Contract is available on the Club Website and at the Club Reception.

§ 8. PERSONAL DATA PROCESSING PRINCIPLES

  1. Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. L. Okulickiego 21, 05-825 Grodzisk Mazowiecki, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under number KRS 0001064222, NIP 1182016124, REGON 142112826 e-mail: manager@grafit.biz.pl  is controller of the Client’s personal data is (hereinafter referred to as the “Controller”).
  2. The personal data of Service Users provided in connection with registration and creation of an Account, and in connection with the use of forms available on the Website – will be processed by the Controller primarily for the following purposes:
    1. conclusion and performance of the Account Management Contract and the Contract for the Provision of Services by Electronic Means consisting in making the Website available to the Service Recipient or another Club services contract. Legal basis: Article 6 (1) (b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”). Processing period – for the duration of the above-mentioned contracts and then until the expiry of the limitation period for any claims;
    2. using legal services, including determination, pursuit of claims or defense against claims, processing is necessary for the purposes of legitimate interests pursued by the Club Owner aimed at providing it with legal protection. Legal basis: Article 6 (1) (f) of the GDPR. Processing period – for the duration of the duration of the contracts listed in item a) above and then until the expiry of the limitation period for any claims;
    3. ensuring the highest quality of services for Service Recipients, including actions related to submitted reservations and complaints – processing is necessary for the purposes of legitimate interests pursued by the Service Provider aimed at the provision of the highest quality of services. Legal basis : Article 6 (1) (f) of the GDPR. Processing period – for the period until the end of handling a relevant case, unless in a specific situation it is necessary to store the data until the expiry of the limitation period for any claims;
    4. maintaining profiles (fan pages) of the Club on social networking sites and websites, in particular on platforms such as Facebook, Instagram – processing is necessary for the purposes resulting from legitimate interests pursued by the Service Provider, consisting in informing about the Club activities, promoting events, building and maintaining the community of Club Members and conducting communication via available functionalities of the services (e.g. comments, messages). Legal basis: Article 6 (1) (f) of the GDPR. Processing period – until the content is removed from the platform by the Controller or the person who made it available;
    5. ensuring compliance of business operations with legal regulations, including documenting the provision of services for tax, reporting, statistical, accounting and bookkeeping purposes – processing is necessary to fulfil the legal obligation incumbent on the Service Provider. Legal basis: Article 6 (1) (c) of the GDPR. Processing period – the period required by law, in particular accounting and tax regulations, or until the expiry of the limitation period for claims – depending on which of these periods expires later;
    6. receiving and processing declarations of withdrawal from the Account Management Contract. Legal basis: Article 6 (1) (c) of the GDPR. Processing period – limitation period for claims;
    7. processing the image of Service Recipients (including photographs or audio-video recordings) for purposes related to the promotion of activities conducted in the Club, in particular by publishing the image on the Club Website, in social media, promotional or information materials – processing is necessary for the purposes resulting from legally justified interests pursued by the Club Owner, consisting in the promotion of services provided in the Club and supporting the activities of External Trainers cooperating with the Club Owner. Legal basis: Article 6 (1) (a) of the GDPR. Processing period – until an objection is raised or consent is withdrawn, if it has been granted.
  3. Providing data identifying the Service Recipient as a party to the Account Management Contract and as a party to the Contract for the Provision of Services by Electronic Means concerning providing the Service Recipient with the Website and the forms available within this site is necessary for the conclusion and performance of these contracts, including the provision of services by the Service Recipient. In the event of refusal to provide this data, the contract cannot be concluded or performed and the Services related to such refusal will not be provided.
  4. In the case of Service Users using social media such as Facebook or Instagram, their personal data may also be received by other users of these portals visiting the Club fan page, as well as administrators of these portals – according to the rules specified in their privacy policies. Detailed information can be found at the following addresses:
    1. Facebook: https://www.facebook.com/about/privacy
    2. Instagram: https://help.instagram.com/519522125107875
  5. In terms of running a fan page on Facebook and Instagram platforms, the Service Provider acts as a joint data controller together with the entities managing these social networking sites, in terms of collecting statistical data on user activity on the fan page.
  6. Service Recipients’ personal data may also be processed by the Service Provider for marketing purposes regarding its own services and products, consisting in particular in sending messages electronically to persons who have given their consent – processing based on the consent expressed by the data subject (Article 6 (1) (a) of the GDPR). To the extent that data is processed based on consent, provision thereof is voluntary and the consent may be withdrawn at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
  7. Personal data comes directly from Service Users or from the Club resources (e.g. video monitoring). Your personal data may also be obtained by the Service Provider from external operators and organizers cooperating with the Club in the scope related to the implementation of registration in the Client Zone or making payments.
  8. Only authorized employees of the Service Provider and entities cooperating with the Service Provider with whom relevant agreements have been concluded have direct access to the personal data of Service Recipients. This applies to companies that provide services for the Service Provider, e.g. companies providing IT support services and supplying software or IT services, companies providing accounting, legal or auditing services, marketing services, companies providing postal and courier services.
  9. The Controller does not transfer personal data outside the European Economic Area (i.e. the area covering the European Union countries and Norway, Iceland and Liechtenstein).
  10. The Service Recipient has the following rights related to data processing:
    1. the right to access his/her data,
    2. the right to rectify his/her data,
    3. the right to delete data,
    4. the right to restrict data processing.
  11. The Service Recipient has the right to object to the processing of personal data when its processing is based on the legitimate interest of the Service Provider, in particular when personal data is processed for the purposes of direct marketing and the objection is justified by a special situation.
  12. The Service Recipient has the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (address: ul. Stawki 2, 00-193 Warsaw).
  13. Service Recipients’ personal data is not subject to profiling or similar decision-making based solely on automated processing.

§ 9. FINAL PROVISIONS

  1. The Service Provider reserves the right to make changes to these Regulations for the Provision of Services by Electronic Means.
  2. Information about planned changes will be made available by publishing a new version of the Regulations for the Provision of Electronic Services in a publicly accessible place at the Club Reception and on the Club Website.
  3. The changes come into force on the date indicated by the Service Provider, not shorter than 14 (fourteen) days from the date of announcing the change to the Regulations for the Provision of Services by Electronic Means, unless generally applicable laws provide otherwise.
  4. In exceptional situations, the Service Provider may introduce changes to the Regulations for the Provision of Services by Electronic Means without observing the 14-day deadline, including with immediate effect, if:
    1. a) the Service Provider is subject to a legal or regulatory obligation under which it is obliged to amend the Regulations for the Provision of Electronic Services in a manner that prevents it from meeting the above-mentioned 14-day period;
      b) the change is necessary to counteract an unforeseen and direct threat related to the protection of services provided in connection with the Account Management Contract, the Contract on the Provision of Services by Electronic Means or the protection of Service Recipients against fraud, malicious software, spam, data breaches or other cybersecurity threats.
  5. Changes to the Regulations for the Provision of Electronic Services do not affect the rights and obligations arising from Account Management Contracts or Contracts for the Provision of Electronic Services concluded before the date of publication of the changes. The Regulations for the Provision of Electronic Services in force at the time of conclusion of a relevant agreement shall apply to such contracts.
  6. New shall conditions apply only to the above-mentioned contracts concluded after the date of entry into force of the amended Regulations for the Provision of Services by Electronic Means.
  7. The conclusion of the Account Management Contract and the Contract for the Provision of Services by Electronic Means concerning the provision of the Website and the forms available on this website to the Service Recipient is possible only after the Service Recipient has read the content of these Regulations for the Provision of Services by Electronic Means, accepted them and committed to comply with their provisions.
  8. The Account Management Contract and the Contract for the Provision of Electronic Services concerning the provision of the Website to the Service Recipient and the forms available on this website, concluded between the Service Recipient and the Service Provider, shall be governed by Polish law. Any disputes that may arise in connection with its conclusion and performance shall be resolved by a competent court of law.
  9. Relevant regulations of the Civil Code shall apply to matters not regulated in these Regulations for the Provision of Services by Electronic Means.
  10. Invalidation of any provision of these Regulations shall not affect validity of the remaining provisions.