Privacy Policy

Last Updated on March 13, 2023. This privacy policy (“Privacy Policy”) set forth the terms and conditions of SMARTASS (“us”, “our”, and “SMARTASS”) applicable to your (“you”, “your” and “yourself”) use of the SMARTASS website located at https://smartass.club/  (“Website”), and any related software, applications (including the SMARTASS Application), services and/or products (collectively the “Online Services”). 

This Privacy Policy is an inalienable part of the SMARTASS Terms of Use, located at the CLICK HERE, which may be changed or amended from time to time as it is described in such Terms of Use. Hence your consent to the provisions of such Terms includes your consent to the provisions of this Privacy Policy, provided however that from time to time we may ask for your separate consent hereto. All the definitions in the Terms mean the same through the text of this Policy, unless the context strictly demands otherwise.

Your use of the Online Services constitutes your agreement to all of the terms and conditions in this Privacy Policy, and SMARTASS encourages you to read this Privacy Policy and the abovementioned Terms of Use carefully. In the event of a conflict between this Privacy Policy and any other agreement (except for the abovementioned Terms of Use which is of higher legal force), whether written or oral, between SMARTASS and you, whether in your individual capacity or as the representative of any entity, this Privacy Policy shall supersede and control. IF YOU OBJECT TO ANYTHING IN THIS PRIVACY POLICY OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS PRIVACY POLICY, DO NOT USE THE ONLINE SERVICES AND EXIT IMMEDIATELY, AS YOU ARE NOT AUTHORIZED TO USE THE ONLINE SERVICES.

The Online Services are provided by SMARTASS at no cost and are intended for use “as is” and “as available”.

This page is used to inform visitors about our policies regarding the collection, use, and disclosure of Personal Information if anyone decided to use our Online Services. 

If you choose to use the Online Services, then you agree to the collection and use of information as provided for in this Privacy Policy aiming to make your visits to the nearest or most convenient SMARTASS sports club (hereinafter referred to as the Club) the most comfortable and meeting your demands as well as get you acquainted with Club’s coaches and a list of their training sessions, and sign up for training at the appropriate Club, leave feedback and evaluation of the training you have attended. 

Personal Information that we collect is used for providing and improving the Online Services. We will not use or share your information with anyone except as described in this Privacy Policy. In case you decide to withdraw your consent to our use of your personal data - notice us as provided below, but be aware that in this case we may be unable to provide you with the Online Services or such the Online Services will be blocked for you until such consent is renewed.

  1. Terms. 

“Personal data” or “personal information”, as defined in the General Data Protection Regulation 2018 and any successor legislation, includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, email address. We need certain personal data in order to provide you with access to the Online Services. 

Agreeing with this Privacy Policy means that you agree and consent to:

1.1.  the right of the Club administration to receive, store, use in its own daily business activities, compile, archive and delete your personal data from its own server facilities;

1.2.  the use of your personal data, which involves the actions of the administration and employees, agents, managers, participants and affiliates of the Club regarding the processing of such personal data, including the use of personal data in accordance with their professional or official or employment duties, actions to protect them, as well as actions to grant partial or full right to process personal data to other subjects of relations related to personal data;

1.3.  dissemination of personal data about you, which involves actions to transfer information about you as an individual;

1.4.  access to personal data of third parties, which determines the actions of the Club administration in case of receipt of a lawful request from a third party for access to personal data, as well as your own access to information about yourself that we have. 

The processing of your personal data is carried out in order to provide you with the highest quality services of the sports club, collect, securely store, and lawfully process statistical data, communicate with you, improve the development strategy of the Club and the SMARTASS franchise. 

In order to process your personal data as outlined herein, we, acting as the personal data controller, rely on the following legal bases:

Contractual Performance: The primary reason we process your personal data is to perform the contract that you have with us by having your registration as the Online Services user. For example, as you use the Online Services, we use your personal data to provide your Account.

Legitimate Interests: We may also (as the second reason) use your personal data where we have legitimate interests to do so. For instance, we review users’ actions while they use the Online Services to improve these Online Services and we process personal data for administrative, fraud detection and other legal purposes.

Consent: We may also ask for your consent to use your personal data for specific reasons or for participating in special events either of our sport club holds. You may withdraw your consent at any time by contacting us as set out at the end of this Policy.

  1. Information Collection and Use

For a better experience, while using the Online Services, we may require you to provide us with certain personally identifiable information, including your:

●     Name and last name – to identify you, hold and track your personal records as the Club visitor; 

●     IP address – to identify you in a digital way among other users of Online Services;

●     Email address and phone number to identify you online and contact with you; 

●     Contact list from the cell (mobile) phone you install the SMARTASS Application on – for you to use the full scope of such Application’s technical features.

●      

The information that we request will be retained by us and used as described in this Privacy Policy. We consider it granted that you have a necessary permission to own, keep and share such information we collect from you (here we mean, for instance, the contact list from your device and / or email address that in some cases may be used not by you exclusively).

Such personal information of yours is intended to be used as follows:

●     Sharing information with third parties. 

The Online Services use third party services that may collect information used to identify you.

Here are some links to the privacy policy of third party service providers used by the Online Services as we are not responsible for the provisions of their terms and policies but such terms and policies may differ from ours. 

●     Information collected automatically (Log Data)

When you use the Online Services, our servers automatically record your log data which is the information that your browser sends whenever you visit the Website as well as your personal data. This data includes but is not limited to: device OS and version, device model (as well as unique device identifier), IP addresses, browser type, referral URL’s, language information, the domain from which you are visiting, Online Services signup date, last payment date and first subscription date, WiFi information such as SSID, advertising identifier, requested and referring URLs and additional information in respect to your usage and browsing of the Website. This personal data allows us to diagnose bugs as well as detect fraud. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information. This personal data also allows us to send notifications.

●     Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

The Online Services do not use these “cookies” explicitly. However, we may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

●     Instruments for data collecting and analysis.

For this purpose we use the following services:

-       Google Analytics. This tool collects data for us. We need this data to understand how you use our website so we can improve its design and functionality. We also need the data to get the most out of our marketing campaigns. With your consent, Google Analytics will process and collect your personal data (cookies and IP address) to give us valuable information. Google Analytics will transfer your data to the United States and store it for some months. To learn more about Google's data transfer policies, click here.  https://policies.google.com/privacy/frameworks?hl=en-US

-       Facebook Pixel. This is an analytics tool that tracks how users behave on the Website: what pages they visit, what buttons and links they click, what forms they fill out, and other actions. It allows us to create audiences for advertising campaigns on Facebook.

●     Service Providers

We may employ third-party companies and individuals due to the following reasons:

●     To facilitate our Online Services;

●     To provide the Online Services on our behalf;

●     To perform additional services, related to the Online Services; or

●     To assist us in analyzing how our Online Services are used.

We want to inform users of the Online Services that these third parties have access to your Personal Information acting as the personal data processors. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

●     Personal data compilation and storage

Personal information about the Online Services users and contact lists from the devices they install the SMARTASS Application on, will be collected and compiled into a single database of contacts to be controlled and administered by us. The database compiled will be stored on our servers within AWS datacenter in Frankfurt region, which in many cases means another state, than the state of your or our residence, governing the rules of personal data protection in some other manner, but nevertheless we shall do our best to keep your personal data stored appropriately and in accordance with the rules, described here. We may however assign the third parties with the rights to operate the abovementioned database, provided that such third parties are obliged to keep secrecy and confidentiality of the same level as we do. 

●     Third-party payment processor

We use a third party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as, inter alia, credit card numbers. Rather, all such information is provided by you directly to our third party processor, Fondy. You can read more about their policies at: https://fondy.ua/uk/legal/.

We draw your attention to the fact, that if you initiate a transaction through the Online Services, such as a purchase, payment processor may collect and store information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information as the case may be, in order to process your transaction, send communications about them to you, and even populate forms for future transactions. This information may be shared with third parties for the payment operating and processing purposes.

In any case we hereby encourage you to keep your payment information in strict confidence and not to share it with any persons (including other Online Services users, your children and relatives) except for with payment processors for the purpose of making purchase you independently have decided to make at your own discretion and will – so that any purchase you make through the Service is considered as made by you personally and willingly.

●     Allowing you to present SMARTASS gifts to others

You may give any other person, even if they are not a user of the Online Services, the opportunity to attend our trainings and events in SMARTASS by paying for the appropriate number of training sessions and/or visits as offered on our Website. To do this, you must disclose to us the name, surname and telephone number of the person in whose favour you are making a gift. Such disclosed data is the personal data of such person, and for the purposes of this Policy, you will be considered the controller of such personal data until we receive express consent from the said person to process his / her personal data or until his / her first appearance at a paid SMARTASS training or event. The fact of transferring such person's personal data to us and paying for the relevant training or event is considered to be the conclusion of a transaction between you and us in favour of the said personal data subject.

Such person's personal data is subject to the same terms, conditions and obligations as your personal data under this Policy, except that you, as the controller of personal data, are solely responsible for the lawfulness of their use by you (including transfer to us) and by us under this Policy. You are also responsible for notifying such person of the fact and scope of their personal data transferred to us for use, as well as of the purpose of the transfer and the scope of his / her rights as a personal data subject under this Policy. It should be noted separately that the person in whose favour such a gift was made has the right to refuse it or prohibit us from using his / her personal data at any time, which will prevent him / her from attending SMARTASS training sessions or events that have already been paid for but not yet used at that time, which will be re-registered in your favour as a result.

 

  1. Security

We value your trust in providing us your Personal Information. We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. For example, for the administrative issues we use a two factor authentication; and in case of user account security we use logging-in via password, sent by sms.

We also use the TLS (Transport Layer Security) Internet security protocol in the Online Services. It provides authentication and encryption services between two communicating applications (such as web servers). TLS encryption is used in HTTPS connections, which are protected by SSL certificates.

However, no method of transmission over the Internet or via a mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We may suspend your use of all or part of the Online Services without notice if we suspect or detect any breach of security. If you believe that your Online Services Account or personal data is no longer secure, please notify us immediately at the contact information set out below.

  1. Communications

When you sign up for a Online Services or use certain features, you are opting to receive messages from us. You cannot opt out of receiving certain administrative, transactional, or legal messages from us. Please note that in case you opt out you may miss some important notification from us and hence you relieve us from any liability related to such notification delivery or non-delivery. We may also track your actions in response to the messages you receive from us or through the Online Services, such as whether you deleted, opened, or forwarded such messages. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests for some services, which can not be provided or requested through the Website. You should behave in the same way in case you want to remain the Online Services user and attend our Clubs and events.

We may also store information that you provide through any communications to us (including but not limited to your comments and notes related to your training or its participants). 

If you are a representative, we may contact you, including by phone or email, using the contact information you provide us, which is made publicly available, or that we have on our record. Our calls with you may be monitored and recorded for quality purposes and with no additional notification.

  1. You should also be aware of your privacy rights.

Such rights include the rights to:

●     Opt-out from the Online Services or any use of your personal data.

●     Access and review your personal data we possess.

●     Update or move your information to any third party.

●     Object, on the grounds related to your personal situation at any time to processing your personal data, which is processed on the basis of legitimate interest.

●     Remove / delete your personal data from our servers, provided that it may prevent you from further use of the Online Services.  

●     File a complaint with the appropriate data protection authority if you have an issue with how we process your personal data.

  1. Data retention and account deletion

You can delete your account within the Online Services by choosing the “Delete account” function in your Profile. Or you can ask us to delete your account by notifying us at the contact information set out below. 

Irrespective to the way your account is deleted, (a) some of your information provided or posted by you in the course of evaluating or commenting on the actions of a Club or some coaches can not be deleted as it is information discovered and used for business purpose (b) in case you don’t ask us do delete your personal information, we may retain information about you for the purposes authorized under this Privacy Policy, for the whole period your Online Services account exists, unless prohibited by law. 

For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Online Services or to comply with legal obligations. We have to remind here that even though our systems are designed to comply with the above retention periods, we cannot promise that 100% of the data will always be deleted on time due to technical constraints.

  1. Links to other sites

These Online Services may contain links to other websites. If you click on a third-party link, you will be directed to that website. Note that these external websites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

  1. Public Content

No public content, which is not belonging to us, is intended for posting through the Online Services. 

  1. Automated individual decision-making, including profiling

Using the Online Services You will not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

  1. Children’s Privacy

These Online Services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

  1. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

  1. Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us via [email protected] and our data protection officer will contact you shortly. For your protection, we may ask you to prove your identity before we answer any requests related to the above items. Note, that we may request additional information from you to verify your identity and even reject a request for certain reasons, including if it is unlawful or if fulfilling the request will infringe a trade secret or other intellectual property or the privacy of another user.

 

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