Terms & Conditions

TERMS & CONDITIONS OF USE AND LEGAL NOTICE

 

Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, states that information society service providers shall make the information contained in this legal warning available to users, which is why it is important for you to read it.

Wellness Gamification S.L. is the information society service provider.

You, as you are using the app/website www.wefitter.com, are the user.

 

COMPANY DETAILS:

App/website: www.wefitter.com

Contact email: hello@wefitter.com

This domain belongs to Wellness Gamification S.L. (hereinafter, WG), with tax code B66544651, registered in the Companies Register of Barcelona, ​​Volume 44955, Folio 128, Sheet b-472423, and with registered address at C/ San Pere Mes Alt 19, 1-2B, 08003 Barcelona (Spain).

 

ACCEPTANCE OF LEGAL NOTICE:

This Legal Notice regulates the access and use of the content, information and services which may be offered by the software/app/website www.wefitter.com (hereinafter, WeFitter) and which WG makes available to you.

Access to www.wefitter.com implies that you unreservedly accept this Legal Notice.

If, as a user, you are part of a particular group, you are also subject to the specific terms and conditions of use of said group, so you must read and accept them. In the event of contradiction, the specific terms and conditions shall prevail over the general ones.

 

ACCESS TO WeFitter:

Access to www.wefitter.com, whether via the website from a PC or via another device or mobile application, is deemed a visit thereto. In order to visit WeFitter, you do not need to register or sign up as a user, as you can simply visit it by browsing.

At some point and for the use of the services or content of WeFitter, you shall be required to sign up as a user. In these cases, you shall be expressly indicated the guarantees which involve you in terms of data protection and the specific terms and conditions of the service so that you may grant your prior consent to processing your data freely, specifically, knowingly and unambiguously.

 

USE OF WeFitter:

If you do sign up as a user, you agree and guarantee that the personal details which you provide are authentic and true. Likewise, you undertake to keep said details updated and in keeping with your current situation at all times.

The personal details which you provide shall be processed in full compliance with the PRIVACY POLICY contained on the website.

Confidentiality:

Once you sign up on WeFitter as a user, whether you are part of a group or not, you are required to keep all accessible information fully confidential, whether technical information, programs, manuals or documentation, or names and details of other users. You undertake to refrain from disclosing the aforementioned confidential information or publishing it in any way, whether directly or via third parties or companies. In the event of non-compliance, WeFitter reserves the right to take the appropriate measures when deemed necessary.

As a user, you agree to use WeFitter, its content and its services in accordance with the law, this Legal Notice, proper conduct and public order.

Prohibited uses:

Likewise, you undertake not to use WeFitter, its content or its services for purposes or effects which are unlawful or contrary to the content of this Legal Notice, harmful to the interests or rights of third parties, or which in any way may harm, disable, render inaccessible or deteriorate WeFitter, its content or its services, or which may prevent normal use thereof by other users.

Similarly, you expressly undertake not to destroy, alter, disable or damage the data, programs or electronic documents found on WeFitter; not to hinder the access of other users by the massive consumption of the computer resources through which WG provides the service; and not to carry out actions which may damage, interrupt or generate errors in said systems or services.

You agree not to introduce programs, viruses, macros, or any logical device or sequence of characters which may cause or be likely to cause alterations to the WeFitter or third-party computer systems.

You are prohibited from using the technological resources, information and content integrated or incorporated into WeFitter beyond the scope thereof, or for purposes which are not included in the purpose of WeFitter.

It is expressly forbidden to incorporate any information and content into WeFitter (a) which may violate the confidentiality agreement; (b) which may be considered defamatory, humiliating, violent, or discriminatory; (c) which allude to gambling, betting, pornography, sex shops and erotic products, erotic phone lines, prostitution, brothels, tarot cards, clairvoyance, esotericism, the manufacturing, cultivation, sale and consumption of pharmaceuticals, over-the-counter products or vitamin substances, toxic drugs, narcotics or psychotropic substances, all in physical and/or virtual environments; (d) which may encourage or glorify violent behaviour; or (e) which may encourage or glorify eating disorders or behaviour that would put people’s physical or mental health at risk.

It is also strictly prohibited to incorporate information and content into WeFitter related to the execution of agreements or draft agreements between users or between users and third parties, as well as the performance of preparatory acts, acts of execution or acts of development, and the monitoring and control of any type of agreement or draft agreement.

Disclaimer:

WG is not liable for any security errors which may occur, or for any damage which they may cause to the user’s computer system, or to files and documents which are stored as a result of a possible virus on the user’s computer or malfunction of the browser caused by reasons beyond the control of WG.

Neither is it liable in the event of infringement of the rights of industrial and intellectual property by third parties, nor third-party non-compliance which may affect WeFitter users.

Damages which may be caused by the spoofing of a third party by a user on the website shall be the responsibility of the person who committed said act. WG shall implement all the necessary security measures to prevent these situations from occurring.

WG is not liable to users for the disclosure of their personal data to third parties which is not due to causes directly attributable thereto, nor for the use of such data by third parties.

WG is not liable for any comments or content generated by users when making use of the tools available in WeFitter. However, if WG were to realise that any of these comments may harm or denigrate a third party in any way, or may breach the relevant non-disclosure agreement, WG reserves the right to withdraw them from WeFitter, and to adopt any measure which it deems appropriate.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY:

All WeFitter content, unless otherwise indicated, is the property of WG, including, but not limited to, the source code, texts, images, logos, graphics, illustrations, photographs, software, technology and any other elements which may appear on WeFitter.

Likewise, all trade names, brands, logos or distinctive signs of any kind which may appear on WeFitter are protected by legislation.

WG does not grant you any kind of licence or authorisation for personal use of its intellectual and industrial property rights or any other rights related to WeFitter and the services offered thereon.

As a user, you acknowledge that the reproduction, distribution, commercialisation, transformation, and in general, any other form of use, by any procedure, of all or part of the content of WeFitter entails an infringement of the intellectual and/or industrial property rights of WG; therefore, the total or partial use of any of the content which appears on WeFitter is strictly prohibited. Infringement of the intellectual or industrial property rights of WG shall result in legal liabilities against the infringing party.

As a user, you guarantee and declare that you own the content which you may contribute to WeFitter and that you hold all the rights of use or accounts with the required authorisations or licences from the owners of said content for the reproduction, distribution and public disclosure thereof. Therefore, you shall hold WG harmless from any third-party complaint, whether judicial or extrajudicial, caused by the infringement of intellectual property rights, or because it affects or damages the rights of third parties.

 

LINKS:

WeFitter contains links to other websites operated by third parties. This Legal Notice refers only to WeFitter, so it does not apply to links or websites of third parties accessed via WeFitter. When you access other websites through links, we recommend you to carefully read the terms and conditions of use and the privacy policy for said websites.

WG is not liable for the content of any of the destination websites of a link, or any link included in a website which may be accessed from WeFitter, or any change or update thereof.

Likewise, WG is not liable for damages of any kind caused to users by using links, directories and search tools which provide access to websites belonging to and/or managed by third parties.

It is strictly forbidden to introduce hyperlinks for advertising, commercial or association purposes to non-WG websites which provide access to WeFitter without consent and/or express authorisation. Also prohibited is deep linking, i.e. links to any WeFitter pages without having accessed via the home page.

SOCIAL MEDIA:

WeFitter has a profile on social networks such as Facebook, Twitter, Pinterest, Instagram, YouTube, LinkedIn and Google. All have been created with a view to publicising its services and allowing users to share opinions, post comments and upload images.

As a user, you may join the social media groups of WeFitter. If you do so, you shall be accepting the terms and conditions of use and privacy policy of the corresponding social network.

SIGNING UP TO CONTENT:

As a user, you may sign up to WeFitter to receive a newsletter with content and news about various services. For this, you need to confirm your subscription through an email which you will receive after sending off your personal details (name and email). You may not sign up to WeFitter or confirm your subscription at a later date if you do not previously accept the legal texts by ticking the corresponding box.

PROTECTION OF PERSONAL DATA:

In accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data, as a user you may send WeFitter your personal details through the form which appears in the application. This form includes a check box which you must tick in order to sign up. In turn, this check box includes a link to the legal text on the protection of personal data, as required by the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, and its Implementing Regulation, approved by Royal Decree 1720/2007, of 21 December.

Similarly, as a user, please note that WG shall process your personal details in strict adherence to the PRIVACY POLICY contained on this website.

 

AMENDMENT OF LEGAL NOTICE:

WG reserves the right to develop or update the Legal Notice of this website at any time, so you should read it on a regular basis.

 

APPLICABLE LAW AND JURISDICTION:

This Legal Notice, the general terms and conditions and the other terms and conditions established on WeFitter are subject to Spanish legislation.

In the event of dispute, the parties shall be subject to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction.

PRIVACY POLICY

 

COMPANY DETAILS:

App/website: www.wefitter.com

Contact email: hello@wefitter.com

This domain belongs to Wellness Gamification S.L. (hereinafter, WG), with tax code B66544651, registered in the Companies Register of Barcelona, ​​Volume 44955, Folio 128, Sheet b-472423, and with registered address at C/ San Pere Mes Alt 19, 1-2B, 08003 Barcelona (Spain).

Wellness Gamification S.L. (hereinafter, WG) is responsible for processing the data which the user incorporates into WeFitter and complies with regulations on the Protection of Personal Data, thereby informing the users of www.wefitter.com (hereinafter, WeFitter) of its policy on the Protection of Personal Data.

Therefore, as a user, you may freely and voluntarily decide whether you wish to provide the personal data which may be requested to sign up to or operate WeFitter.

Visiting WeFitter does not mean that you have to provide any personal details. However, if you sign up as a user, your details shall be processed in a lawful manner, subject at all times to the principles and rights set forth in Organic Law 15/1999, of 13 December, on the Protection of Personal Data, and in its Implementing Regulation, approved by Royal Decree 1720/2007, of 21 December.

WG reserves the right to modify this Privacy Policy to keep it adapted to current legislation on Data Protection.

RIGHT TO INFORMATION;

Pursuant to the provisions of Organic Law 15/1999 on the Protection of Personal Data (hereinafter, according to its Spanish acronym, LOPD) and its Implementing Regulation, and specifically Article 5 and 6 thereof, WG hereby informs you as a user of WeFitter that any personal details you provide shall be incorporated into a file which is duly registered with the Spanish Agency for Data Protection.

Which details do you provide when you use our application?

  • To sign up as a user, you need to enter your email and create a password on the home page.
  • Your name, surname, email, weight, height, waist measurement, age, location, stress level, calories burned, type and time of exercise, distance covered, heart rate and sleep quality are details which you shall have to incorporate directly into sports apps, not WeFitter. However, with your consent, when you link your selected sports app to WeFitter, we shall have access to these details. WeFitter guarantees that these details shall be processed in an appropriate manner, in accordance with data protection legislation, and shall ensure the security and confidentiality thereof.
  • You may upload a profile photo, if you wish.

 

The personal details which you provide shall be true, accurate, complete and up-to-date. If you provide personal details concerning third parties, you shall obtain prior and express consent, having informed said parties of this Privacy Policy.

As a user, by ticking the corresponding box when you sign up to WeFitter, you expressly, freely and unequivocally accept that your personal details will be processed by WG for the following purposes:

  • To manage your registration and sign-up request, and allow your participation in and use of the WeFitter service.
  • To inform you about WG content, services and events.
  • To send you newsletters and commercial messages about WG.
  • For surveys, statistics and internal market analysis to improve the service.
  • To create user profiles.
  • To carry out contests and prize draws.

Express mention of commercial messages:

In compliance with the Law on Information Society Services and Electronic Commerce (LSSICE, in its Spanish acronym), spam is strictly prohibited, and by accepting this privacy policy, you expressly agree to receive commercial messages from WG by any current or future means of communication. These messages may include commercial information from third-party collaborators of WG from the sports, leisure, health, training, wellness, insurance or fitness industries, among others.

Therefore, you accept and consent to WG sending commercial messages, which may include commercial information from third-party collaborators of WG.

Please note that your consent to receiving commercial messages may be revoked at any time by sending an email with a photocopy of your ID to help@wefitter.com

 

Express mention of international data transfers:

International data transfers involve the transfer of data outside the territory of the European Economic Area (hereinafter, EEA).

WG is a Spanish company which does not have databases outside the EEA, thereby processing your data within the EEA and not transferring data to companies outside the EEA. However, to send newsletters it may use applications such as MailChimp, which is located in the United States. In this case, your name and email are the data to which Mailchimp would have access, but as it is an application which adheres to the Privacy Shield, it provides an appropriate level of data protection. We always add a link to the MailChimp Privacy Shield notice so you can check it.

Therefore, when signing up as a user, you accept and agree that your data will be stored by MailChimp, based in the USA, in order to send newsletters.

WeFitter is a Spanish application to which users from any country in the world may sign up. If you sign up from a country outside the EEA, please note that you are providing your data to a Spanish company, which shall be processed according to this Privacy Policy and shall be protected pursuant to the LOPD, the LSSICE and the current data protection legislation. Therefore, we guarantee that your data has an appropriate level of protection.

If WG needs to perform an international data transfer, it shall do so to execute the contractual relationship (agreed when signing up to WeFitter) between the party in question/user and the controller/WG or to implement pre-contractual measures adopted at the request of the party in question/user. Case provided for in Article 34 of the LOPD.

In the future, and if WG were to perform an international data transfer, which is not included in this case, it shall expressly inform you so that you can give your unequivocal consent.

Data communication:

As a user, you expressly consent to the transfer of the data which you may have provided to WG for the purposes indicated in this Privacy Policy. Please note that third-party companies, as in providers of services related to the website, may have access to your personal data when this is necessary for the provision of a service.

Also, please note that if you are part of a group available on the WeFitter platform, whether of a brand or of a company, these third parties shall have access to all the personal data which you have entered directly or for which you have authorised WeFitter to access.

WeFitter also operates like a social network, so if you follow other users or they follow you, they may access your profile details.

WG is not liable for the possible consequences or damages which the user or a third party may suffer due to their voluntary decision to share their personal data.

MINORS:

Data collection forms on WeFitter are not aimed at children under 14 years of age. WG shall establish technical measures to verify the user’s age, and anyone under 14 years of age shall be denied access.

If you are between 14 and 18 years old, you may sign up as a user and we may process your data. In any event, WG may contact you and your parents or guardians at any time to verify your age and ask for your ID.

Failing to or refusing to have your age verified shall lead to the immediate closure of your user account.

 

EXERCISE OF RIGHTS AND INFORMED CONSENT:

The personal data which you provide and which is processed while you maintain a relationship with WG shall be used to deliver the WeFitter service, and shall be stored for as long as you keep your user account active and for the period of time set forth by law.

The legal grounds for the processing of your data is to register your profile, while the provision of products and services is based on the consent for which you were requested and which you provide.

The recipients of your data are other companies, brands, people directly related to WG, suppliers and partners.

You are entitled to exercise the rights of access to your personal data to rectify or delete it, to restrict the processing thereof, to oppose the processing thereof, and to consent to the possible portability of your information. You may exercise the above rights by sending a letter, attaching a photocopy of your ID, to the following address: Calle Sant Pere Mes Alt 19, 1-2B, 08003 Barcelona (Spain); ​​or by sending an email to: help@wefitter.com

The competent body to be informed about conflicts derived from signing this document is the Spanish Data Protection Authority (Calle Jorge Juan 6, 28001 Madrid, Spain).

Consequently, as a user you declare to have been informed of the terms and conditions of the Protection of Personal Data, and accept and unequivocally consent to the processing thereof by WG in the manner and for the purposes specifically defined in this Privacy Policy.

 

DATA SECURITY:

WG has adopted all the technical and organisational measures required to ensure the security and integrity of the personal data which it processes, in order to avoid its unauthorised loss, alteration or unauthorised third-party access.

COOKIES:

This website uses cookies. Cookies are small data files which are downloaded to the user’s computer and enable us to find out the following information:

-The last time you visited WeFitter.

-The content you chose on your last visit.

As a user, you have the option to prevent the generation of cookies by selecting the corresponding option in your browser.

For further information, please read our COOKIES POLICY.

MODIFICATION OF PRIVACY POLICY:

Our Privacy Policy may change due to updated legislation, so we recommend you to regularly check any modifications which may be made.

COOKIES POLICY

 

WHAT ARE COOKIES?

Cookies are small text files, with information about your browsing habits, which are downloaded to your computer, mobile or device when you visit a website, allowing you to browse more efficiently, store your preferences and enhance your user experience, among other things. Cookies are essential for the operation of the Internet and for the provision of our services.

Cookies may be temporary and permanent. Temporary ones, usually called session cookies, help you browse the website and are necessary to provide our service. These cookies are stored in the temporary memory of the browser, so they are automatically deleted when you finish the session. Express consent of the user is not required for this type of cookies.

Permanent cookies are indefinitely stored in your device (not in the temporary memory) and allow you to retrieve browsing information the next time you visit the website. These cookies are used to monitor the user’s behaviour and provide targeted advertising. Express consent of the user is required for this type of cookies.

First-party cookies are sent to your device from a computer or domain managed by the owner and from which the service requested by the user is provided. The owner is responsible for informing you about the purpose of processing your data and for obtaining your express consent.

Third-party cookies are sent to your device from a computer or domain which is not managed by the owner, but by another entity which processes the data obtained through cookies. They are enabled through a third-party plugin, which is a type of software which adds functionality to a larger website. For instance, those used by social networks. In this case, both the owner of the website which you are browsing and the third party are responsible for informing you, as a user, about the purpose for which they process your data and the need to obtain your consent.

Analytical cookies: these allow us to monitor and analyse the behaviour of users while browsing the website. The information collected is anonymous and is used to optimise user browsing. We use the audience measurement system known as Google Analytics, a Google online analysis tool which lets us know how users interact with our website. It anonymously collects information and produces trend reports about our website, without identifying individual users.

 

The European directive 2009/136/EC states that we may store cookies on your computer or device when they are essential for the operation of the website. However, we need your permission to store other types of cookies.

WeFitter may use a non-essential cookie to gain practical knowledge about how you use the WeFitter website. Without the knowledge that we gain through cookies, we would not be able to provide the services we offer.

 

COOKIES USED BY OUR WEBSITE:

Below is a table with the cookies used by WeFitter, along with information on the purpose, duration and management (first-party or third-party) of each one:

Cookie Purpose Owner
ci_session
ccs_cookies_ok
prereg_user
prereg_user_1
prereg_user_2
First-party cookies to identify the user at login and to provide the service. Wellness Gamification S.L.
_ccs_vps
_ccs_lvpq
clicks
_utmz
__unam
__utma
__utmb
__utmc
Analytics: anonymous cookies to analyse browsing and offer personalised results
GAPS
_utmz
__unam
_utmb
_utma
_utmc
APISID
HSID
NID
PREF
SID
SS
__utma
APISID
HSID
NID
OTZ
PREF
SAPISID
SID
SS
SSID
ACCOUNT_CHOOSER
LSID
LSOLH
LSOSID
NID
PREF
SAPISID
SSID
Analytics, advertising and third-party: cookies that generate an anonymous user ID, which is used to count how many times a user visits the website. They also record when the first and last time you visited the website, your location and keywords. Google Ireland, Ltd
Google AdWords (http://www.google.at/adwords)
Goole Analytics (http://www.google.com/analytics/)
DoubleClick (https://www.google.com/doubleclick/)
__unam
stOAuth
ShareUT
__utma
__stdlxmap
__stgmap
__utmz
__stid
__uset
ShareUT
CP1
UID
UIDR
_ga
From third parties. Allow content sharing via other websites and email. ShareThis
(http://www.sharethis.com)
ACTIVITY
APISID
HSID
LOGIN_INFO
NID
PREF
SAPISID
SB0Kt.resume
SID
SS
SSID
VISITOR_INFO1_LIVE
YSC
__utma
__utmz
demographics
dkv
wide
From third parties. Allow YouTube videos to be shown on this website. YouTube
(http://www.youtube.com)
act
c_user
csm
datr
fr
lu
p
presence
s
xs
From third parties. Allow sharing and interaction on Facebook. Facebook
(http://www.facebook.com)
__utma
__utmv
__utmz
auth_token
eu_cn
guest_id
lang
remember_checked
remember_checked_on
secure_session
seen_bp
twll
From third parties. Allow sharing and interaction on Twitter. Twitter
(http://www.twitter.com/)

 

CONSENT

By browsing and continuing to use WeFitter, you are consenting to the use of the cookies described above, for the periods indicated and in accordance with the terms and conditions set out in this Cookies Policy.

Withdrawing my consent to the use of cookies:

You may withdraw your consent to the download of cookies at any time. To do so, you must delete the cookies stored on your computer through the settings section of your browser.

Browsers usually enable cookies automatically, but as a user you may control them and decide whether they may or may not be stored on your hard drive. You may configure your own browser to notify you before receiving a cookie and, therefore, you may decide whether to accept it or not, or to disable all cookies. However, please bear in mind that if you disable all cookies, you will not be able to use all the functionalities of the website.

Here are details about how to accept or disable cookies on the most popular browsers:

INTERNET EXPLORER

  1. Click on the Tools button and then on Internet Options.
  2. Click on the Privacy tab and then on Sites.
  3. In the Address box of the website, enter the full address (URL) of the website whose privacy settings you wish to customise.
  4. Then click on Block or Allow.
  5. Repeat steps 3 and 4 for each website you wish to block or allow. When finished, double click on OK.

SAFARI

  1. Pull down the Safari menu.
  2. Go to the Preferences section.
  3. Click on the Security icon and you can adjust the cookies.

CHROME

  1. Click on the Chrome menu.
  2. Select Settings.
  3. Click on Show advanced settings.
  4. In the Privacy section, click on Content settings.
  5. In the Cookies section, you can configure the options indicated below:

– Clear all cookies

– Block cookies by default

– Allow cookies by default

– Include exceptions for cookies from specific domains or websites

FIREFOX

  1. Click on the Tools button and then on Options.
  2. Click on the Privacy tab.
  3. In the History section, select Use custom settings for history.
  4. Tick the box to accept cookies and click on Exceptions to select the websites which you (always or never) authorise to install cookies on your device.

OPERA

  1. Options > Advanced > Cookies
  2. The cookie options control the way in which Opera handles them. The default mode is to accept all cookies.

– Accept all (default)

– Accept cookies only from the visited site (third-party cookies are rejected for external domains to which you are visiting)

– Never accept cookies (all are rejected) 

 

CHANGES TO THE COOKIES POLICY:

We may update the Cookies Policy of our website, so we recommend you review this policy each time you visit our website in order to be properly informed about issues in question.

 

CONTACT:

App/website: www.wefitter.com

This domain belongs to Wellness Gamification S.L.

Registered address at C/ San Pere Mes Alt 19, 1-2B, 08003 Barcelona (Spain).

If you have any questions, comments or suggestions about the Cookies Policy, please send an email to: help@wefitter.com

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