Legal Notice

DEFINITIONS

Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions. Content: All the elements constituting the information present on the Site, in particular texts – images – videos. Customer Information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by GladiatorFit SARL for the management of your account, customer relationship management and for analysis and statistical purposes. User: Internet user connecting, using the above-mentioned site. Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978). The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. PRESENTATION OF THE WEBSITE

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website www.gladiatorfit.ch the identity of the various stakeholders in its implementation and monitoring:

Owner: SARL GladiatorFit SARL Trade Name: GladiatorFit SARL Siret number : CH-217.3.567.590-7 Address : Z.I. d’In-Riaux 8, 1726 Farvagny-le-Grand, Switzerland Responsible for publication: GladiatorFit SARL – support@gladiatorfit.ch Webmaster: GladiatorFit SARL- support@gladiatorfit.ch Host: Kreativmedia, Höschgasse 45, 8008 Zürich, Switzerland Data Protection Officer: GladiatorFit SARL – support@gladiatorfit.ch

2. GENERAL CONDITIONS OF THE SITE AND THE SERVICES OFFERED

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site. The use of the site www.gladiatorfit.ch implies full acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, so users of the www.gladiatorfit.ch website are invited to consult them regularly. This website is normally accessible to users at any time. An interruption for reason of technical maintenance can be however decided by GladiatorFit SARL, which will endeavour to communicate beforehand to the users the dates and hours of the intervention. The website www.gladiatorfit.ch is updated regularly by GladiatorFit SARL responsible. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.

3. DESCRIPTION OF SERVICES PROVIDED

The purpose of the website is to provide information about the company’s activities. GladiatorFit SARL strives to provide on the site www.gladiatorfit.ch information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information. All the information on the www.gladiatorfit.ch website is given as an indication, and is likely to evolve. Furthermore, the information on the www.gladiatorfit.ch website is not exhaustive. They are given subject to changes that have been made since they were put online.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent hardware, free of viruses and with a last generation updated browser. The site www.gladiatorfit.ch is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679) The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, the Service Provider reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal. GladiatorFit SARL and the host cannot be held responsible in case of malfunctioning of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.

5. INTELLECTUAL PROPERTY AND COUNTERFEITING

GladiatorFit SARL is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization of : GladiatorFit SARL. Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. LIMITATIONS OF LIABILITY

GladiatorFit SARL acts as the publisher of the site. GladiatorFit SARL is responsible for the quality and accuracy of the Content it publishes. GladiatorFit SARL cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website www.gladiatorfit.ch, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility. GladiatorFit SARL cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website www.gladiatorfit.ch. Interactive spaces (possibility to ask questions in the contact area) are available to users. GladiatorFit SARL reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, GladiatorFit SARL also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph?).

7. PERSONAL DATA MANAGEMENT

The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 PERSONAL DATA COLLECTORS

For the Personal Data collected in the context of the creation of the User’s personal account and his navigation on the Site, the person in charge of the processing of Personal Data is: GladiatorFit SARL. GladiatorFit SARL is represented by Tobias Purro, its legal representative As the person responsible for the processing of the data it collects, GladiatorFit SARL undertakes to respect the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data, once their consent has been collected, and to maintain a register of the processing in accordance with the reality. Whenever GladiatorFit SARL processes Personal Data, GladiatorFit SARL takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which GladiatorFit SARL processes it.

7.2 PURPOSE OF THE DATA COLLECTED

GladiatorFit SARL is likely to process all or part of the data:

  • to allow navigation on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
  • to improve navigation on the Site: connection and usage data
  • to conduct newsletter campaigns (sms, email): name, first name, phone number, email address, company

The information collected on the forms are recorded in a computerized file and are kept for a maximum of 3 years. GladiatorFit SARL does not sell your personal data, which is only used for statistical and analytical purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with the European regulations in force, the Users of www.gladiatorfit.ch have the following rights:

  • right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users’ data right of blocking or deletion of Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
  • the right to withdraw consent at any time (Article 13-2c GDPR)
  • the right to limit the processing of Users’ data (Article 18 GDPR)
  • right to object to the processing of User data (Article 21 RGPD)
  • the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (article 20 RGPD)
  • the right to define the fate of the data of the Users after their death and to choose to whom GladiatorFit SARL will have to communicate (or not) their data to a third party that they will have previously designated

As soon as GladiatorFit SARL is aware of the death of a User and in the absence of instructions from him, GladiatorFit SARL undertakes to destroy his data, unless their retention is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how GladiatorFit SARL uses his Personal Data, to ask to rectify them or to oppose their processing, the User can contact GladiatorFit SARL in writing at the following address GladiatorFit SARL Z.I. d’In-Riaux 8, 1726 Farvagny-le-Grand, Switzerland In this case, the User must indicate the Personal Data that he/she would like GladiatorFit SARL to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport). Requests for deletion of Personal Data will be subject to the obligations imposed on GladiatorFit SARL by law, particularly with respect to the retention or archiving of documents. Finally, Users of www.gladiatorfit.ch may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

You may also freely modify your subscriptions to our communications by clicking on “Change my preferences” at the bottom of each of our e-mail communications. To unsubscribe from all communications from GladiatorFit SARL, you must click on the unsubscribe link located at the bottom of our emails.

7.4 NON-DISCLOSURE OF PERSONAL DATA

GladiatorFit SARL will not process, host or transfer the Information collected about its Customers to a country outside the European Union or recognized as “not adequate” by the European Commission without prior notice to the Customer. However, GladiatorFit SARL remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679). GladiatorFit SARL undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of GladiatorFit SARL, the latter shall promptly inform the Client and communicate the corrective measures taken. Furthermore, GladiatorFit SARL does not collect any “sensitive data”. The User’s Personal Data may be processed by GladiatorFit SARL’s subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of www.gladiatorfit.ch are mainly the agents of our customer service.

8. INCIDENT NOTIFICATION

No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations. No personal information of the user of the site www.gladiatorfit.ch is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the hypothesis of the repurchase of GladiatorFit SARL and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the www.gladiatorfit.ch site.

To ensure the security and confidentiality of Personal Data and Personal Health Information, GladiatorFit SARL uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, GladiatorFit SARL takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. HYPERTEXT LINKS, COOKIES AND INTERNET TAGS

The site www.gladiatorfit.ch contains a number of hyperlinks to other sites, set up with the authorization of GladiatorFit SARL. However, GladiatorFit SARL does not have the possibility of checking the contents of the visited sites, and will not assume any responsibility for this fact. Unless you choose to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. “COOKIES”

A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies will not damage the User’s terminal in any way.

GladiatorFit SARL is likely to process the information of the User concerning his visit of the Site, such as the consulted pages, the searches carried out. This information allows GladiatorFit SARL to improve the content of the Site, the navigation of the User: Functional cookies: They allow us to recognize you in order to offer you an optimal browsing experience. They are required to use certain aspects of our site. These cookies collect anonymous information and cannot track your movements on other sites. Analytical cookies: They collect information about how you use our site. They allow us to establish statistics related to the use of our website. We collect the information necessary to improve your browsing experience.

Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser to allow him to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or refusal of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his or her terminal. GladiatorFit SARL informs the User that, in this case, it is possible that not all the functionalities of his browser software are available.

You can choose to delete cookies systematically or on a case-by-case basis. This requires a setting in your browser. The procedure varies depending on the browser and the terminal you are using:

If the User refuses to accept the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This may also be the case if GladiatorFit SARL or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

If necessary, GladiatorFit SARL declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by GladiatorFit SARL, resulting (i) the refusal of Cookies by the User (ii) the impossibility for GladiatorFit SARL to record or consult the Cookies necessary for their functioning because of the choice of the User. For the management of Cookies and User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can change his or her wishes regarding Cookies.

At any time, the User can choose to express and modify his or her wishes regarding Cookies. GladiatorFit SARL may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Website of GladiatorFit SARL or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or mobile application of GladiatorFit SARL, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Website or the mobile application of GladiatorFit SARL. However, at any time, the User may revoke his or her consent to GladiatorFit SARL depositing such cookies.

ARTICLE 9.2. INTERNET TAGS

GladiatorFit SARL may occasionally employ Internet tags (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.

These tags are placed both in the online advertisements that allow users to access the Site, and on the various pages of the Site. This technology allows GladiatorFit SARL to measure visitors’ responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User’s use of this Site.

The third-party service provider may collect information about visitors to the Site and other websites through the use of these tags, compile reports on Site activity for GladiatorFit SARL, and provide other services related to the use of the Site and the Internet.

10. APPLICABLE LAW AND JURISDICTION

Any dispute in connection with the use of the site www.gladiatorfit.ch is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Bordeaux.