1. TERMS AND CONDITIONS SWIMGYM Date: June 1st, 2019
1.1 Additions: the service(s) in addition to the Facilities which can be purchased by the Participant for an additional fee.
1.2 Facility: that what is made available via the website for the implementation of the Participant Agreement.
1.3 Participant: any person that has entered into a Participant Agreement with SwimGym.com for non-commercial use, including those who use the Facilities for trial or without a fee.
1.4 Participant Agreement: the agreement between a Participant and SwimGym.com based on which the Facilities and/or Additions are made available by SwimGym.com to the Participant. Personal data: all data related to the Participant provided by the Participant to SwimGym.com.
1.5 SwimGym.com: the private limited liability Company under the laws of the Netherlands Yellow Lane B.V., established in Amsterdam with its offices in (1091 GL) Amsterdam at the Wibautstraat nr. 131B. Chamber of Commerce registration number: 67958354.
1.6 Website: the SwimGym websites www.swimgym.nl and www.swimgym.com.
1.7 Written: both analogue and digital, or any other data carrier.
2.1 These Terms and Conditions apply to the establishment and implementation of all agreements regarding the use of the Facilities and/or Additions concluded between SwimGym.com and the Participant.
3 Participant Agreement
3.1 A Participant Agreement is entered into when:
- the Participant has provided all the required information and has (electronically) signed for approval; or
- the Participant makes use of the Facilities and/or Additions. The Participant Agreement is strictly personal.
3.2 A Participant Agreement is entered into for the duration of a month, three months or a year and can be terminated in accordance with Article 8.1 of these Terms and Conditions. This agreement will automatically be renewed for an equal period, unless automatic renewal has been turned off by the Participant at the latest 24 hours prior to the end of the Participant Agreement.
3.3 If the Participant Agreement is entered into via the website, the Participant has a period of fourteen days to withdraw from that agreement without a statement of reason and extra costs.
3.4 The Participant withdrawing in accordance with article 3.3 has the right to the refund of all payments, unless the Participant has already made use of the Facilities and/or Additions.
3.5 The Participant Agreement and these Terms and Conditions together form the complete representation of the rights and obligations of SwimGym.com and the Participant and replace all earlier written and/or verbal announcements, agreements and all other correspondence.
3.6 Rights and obligations under the Participant Agreement and these Terms and Conditions cannot be transferred in whole or in part.
3.7 If the Participant enters into a new or additional Participant Agreement, these Terms and Conditions apply without reservation unless explicitly agreed upon otherwise in writing.
4.1 The use starts on the first day of the first term and continues until the Participant Agreement ends in accordance with the Participant Agreement or these Terms and Conditions.
4.2 The Participant Agreement indicates the type of use for which an agreement has been entered into.
5.1 Payments to SwimGym.com are made in accordance with the Participant Agreement. When the terms of the Participant Agreement do not sufficiently regulate the payment procedure, the costs have to be paid to SwimGym.com before the Participant uses the Facilities and/or Additions that are the subject of the Participant Agreement. When the Participant Agreement concerns a Facility and/or Addition for which the costs are due periodically, the payments are made by direct debit to SwimGym.com. Payment takes place at the end of the period in which the Participant is entitled to make use of the Facilities and/or Additions, one-off purchases in the webshop excluded.
5.2 Save for when article 3.4, payments made by a Participant in accordance with a Participant Agreement shall not be refunded.
5.3 In the absence of timely payment, the access to the personal website of the Participant is temporarily blocked. Instructions concerning how payment can be made and how access to the website can be regained will be sent by e-mail.
5.4 Payments made by the Participant will not be refunded when the Facilities and/or Additions cannot fully be used as a consequence of force majeure.
6 Intellectual Property
6.1 SwimGym.com remains the owner of the Facilities and/or Additions that have been made available.
6.2 All rights regarding to SwimGym.com, including training courses, videos and other content are reserved by SwimGym.com and its affiliated companies. None of these may be reproduced, stored in an automated database or made public in any form or by any means without prior written permission from SwimGym.com.
6.3 The Participant is not allowed to use the SwimGym.com logo or any other reference related to SwimGym.com for business purposes without prior written permission from SwimGym.com.
6.4 The Participant is liable for damage of SwimGym.com caused by violation of articles 6.2 or 6.3 of these Terms and Conditions. on the profile of the Participant, the other paragraphs of this article apply accordingly.
6.5 SwimGym.com does not become owner of the content posted by the Participant on his or her personal profile. However, if this content has been provided by SwimGym.com with instructions and has been re-uploaded by SwimGym.com
7 Risk and liability
7.1 The use of the Facilities and/or Additions is at risk of the Participant.
7.2 SwimGym.com does not accept liability for the unavailability of the website due to regular or planned maintenance or due to force majeure.
7.3 Neither SwimGym.com nor its employees accepts liability for material or immaterial damage or (sport related) injury caused to a Participant and/or third parties.
7.4 Neither SwimGym.com nor its employees accepts liability for damages resulting from acting in accordance with or following the available Facilities.
7.5 These limitations to liability also extend to SwimGym.com employees and any other entity assisting SwimGym.com in executing the Participant Agreement.
8 Termination of the Participant Agreement
8.1 The Participant Agreement can be terminated with due consideration of a reasonable period of notice of no less than one calendar month. The agreement must be terminated via MyAccount on the website. The Participant automatically receives a confirmation of receipt. A Participant who has not received a confirmation of receipt, must immediately contact SwimGym.com to unambiguously confirm the termination.
8.2 If a Participant Agreement has been entered into and the Participant does not terminate the Participant Agreement in time, the Participant Agreement will continue after the agreed period for an undetermined period, unless automatic renewal is disabled at least 24 hours prior to the new payment period. The Participant can terminate the Participant Agreement in accordance with Article 8.1.
8.3 SwimGym.com has the right to terminate the Participant Agreement with immediate effect, if:
- the Participant violates these Terms and Conditions; or
- a third party uses the Facilities and/or Additions by posing as a Participant, for example
by using his or her login details, and the Participant is aware or should be aware of this.
8.4 When a Participant Agreement is terminated for a reason stated in Article 8.3, SwimGym.com reserves the right to use (a part of) the received payment(s) for costs incurred by SwimGym.com. SwimGym.com will not process membership requests from the former Participant and the former Participant will be denied access to SwimGym.com.
8.5 If a Participant Agreement is terminated before the end of the agreed membership period for a reason stated in Article 8.3, the former Participant will continue to owe the membership fee until the agreed membership period has ended.
8.6 If SwimGym.com terminates its business, termination of the Participant Agreement by SwimGym.com is possible, with due consideration of a period of notice of one calendar month. In that case the payment obligation for the remaining duration of the Participant Agreement ends.
9.1 SwimGym.com can change the membership fee agreed upon in the Participant Agreement and SwimGym.com can change the Facilities and/or Additions. Adjustments of rates due to governmental measures can be implemented immediately irrespective of the amount.
9.2 If SwimGym.com intends to increase the rates of the Facilities and/or Additions, it informs the Participant within a reasonable period of time. SwimGym.com will make this announcement to the Participant by means of a (digital) letter or via the site. The Participant is offered the opportunity to terminate the Participant Agreement with due consideration of a reasonable period of no less than one month.
9.3 SwimGym.com can amend these Terms and Conditions at all times, provided that those changes do not disproportionately affect the rights of Participants. The modified Terms and Conditions enter into force on the day that they are posted on the website.
10.1 The Participant provides personal data to SwimGym.com.
10.2 SwimGym.com processes the personal data provided by the Participant and stores the personal data while using the SwimGym.com Online Coaching Program.
10.3 By agreeing to these Terms and Conditions, the Participant gives SwimGym.com permission to process the personal data provided. SwimGym.com processes personal data in accordance with the General Data Protection Regulation (Algemene Verordening Gegevensbescherming).
11 Dispute settlement
11.1 If any of the provisions of these Terms and Conditions are to be found unenforceable or void, the remaining conditions shall be enforced as fully as possible.
11.2 The legal relationship between the Participant and SwimGym.com is governed by Dutch law.
11.3 Disputes arising in connection to the legal relationship between the Participant and SwimGym.com will be settled exclusively by the competent courts of Amsterdam.
12 Incorporation clause
12.1 The Terms and Conditions of SwimGym B.V. (Algemene Voorwaarden SwimGym Pools), are an integral part of these Terms and Conditions. These Terms and Conditions can be found on www.SwimGym.com and www.SwimGym.nl.
PRIVACY STATEMENT SWIMGYM Date: June 1st, 2019
1 Contact Details
1.1 Yellow Lane B.V. (SwimGym.com) is the controller and is located in (1091 GL) Amsterdam on the Wibautstraat no. 131B. SwimGym can be reached by e-mail via email@example.com.
2.1 This Privacy Statement applies to all whose personal data is processed by SwimGym.com, with the exception of those who work at SwimGym.com. This Privacy Statement does not apply to (temporary) employees and applicants.
2.2 This Privacy Statement applies to:
- participants of SwimGym.com;
- potential participants who have contacted SwimGym.com;
- visitors of the SwimGym.com website;
- recipients of newsletters and commercial e-mails from SwimGym.com; and
- all other persons who contact SwimGym.com or from whom SwimGym.com processes personal data.
3 Types of personal data
3.1 The following personal data is being processed:
- Personal data provided by the Participant to SwimGym.com;
- Personal data generated during the visit from the Participant to the website and while reading electronic newsletters; and
- Personal data SwimGym.com obtained from other sources.
3.2 Personal data provided by the Participant are:
- contact details and other personal data required for the implementation of the Participant Agreement; and
- contact details and other personal data, obtained via (web)contact forms.
3.3 Personal data obtained via or generated by the website, electronic newsletters and commercial e-mails or related technology are:
- IP and MAC adresses;
- surfing behavior of participants on the website, such as data about the first visit, the previous visit, the current visit, the pages viewed and the ways of navigation on the website; and
- whether a newsletter or commercial e-mail is opened and which parts of it are clicked on
3.4 Personal data obtained from other sources are:
- personal data available on public social media platforms;
- personal data obtained from the Trade Register of the Chamber of Commerce and the Land Registry; and
- personal data available on public websites.
4 Use of personal data
4.1 Personal data are used by SwimGym.com for different purposes:
- Executing the Participant Agreement and associated invoicing;
- Complying with legal obligations; and
- Maintaining contact with the Participant. Contact details are stored and can be used for, among other things, sending newsletters, updates and information requested from SwimGym.com.
4.2 The following data are analyzed by SwimGym.com:
- Interaction data: personal data obtained from contact between SwimGym.com and the Participant, both online and offline.
- Behavioral data: personal data processed by SwimGym.com with regard to the Participants behavior, both on the basis of surfing behavior on the website and reading newsletters and on the basis of contact with our employees.
- Data arising from customer satisfaction surveys. Participation in customer satisfaction surveys is on voluntary basis. Prior to a customer satisfaction survey, the Participant receives further information about the method and the way in which SwimGym.com handles the information obtained.
- Data resulting from user statistics. The user statistics of the website and the Facilities enable SwimGym.com to indicate, among other things, the number of visitors, the duration of the visit and, with regard to the website, which parts of the website are viewed. This concerns generic reports without information about individuals. The information obtained is used to improve the website and Facilities.
4.2 The following data are analyzed by SwimGym.com:
5 Legal basis
5.1 A controller may only process personal data if this can be based on one of the limitative listed legal grounds in the General Data Protection Regulation (Algemene Verordening Gegevensbescherming). The four legal bases on which SwimGym.com relies are:
- Permission. If permission to process personal data has been requested by SwimGym.com and granted by the Participant, the Participant keeps the right to withdraw this permission.
- Agreement or run-up to conclusion of an agreement. If the Participant concludes or wishes to conclude a Participant Agreement with SwimGym.com, SwimGym.com will process personal data if and to the extent necessary for the implementation of the Participant Agreement;
- Legal obligation. Based on legal obligations, it may be necessary, among other things, to keep a copy of the Participants identification card.
- Legitimate interest. SwimGym.com may process personal data if it has a legitimate interest and does not infringe the privacy of the Participant.
6.1 For processing personal data, SwimGym.com can engage with service providers (processors) who process personal data exclusively on behalf of SwimGym.com. A processor agreement is concluded with the service provider. This agreement meets the requirements set by the General Data Protection Regulation. An example of a processor is an IT-service provider that offers support in keeping SwimGym.com systems safe and stable.
6.2 The data are processed in compliance with the Terms and Conditions of the processor. SwimGym.com does not accept any liability.
7 Sharing of personal data with third parties
7.1 It may be necessary to share personal data of the Participant with third parties, for example, because of a court decision or any other legal obligation.
7.2 Personal data can be provided to third parties in the event of a reorganization or merger of SwimGym.com or in the event of the sale of (a part of) the company of SwimGym.com.
7.3 Personal data may also be provided to third parties for the functioning of the website, improvement of the user experience and concerning the quality of the services of SwimGym.com.
7.4 Personal data are not shared with third parties for commercial purposes.
8.2 Functional (necessary) cookies are placed via the websites of SwimGym.com as well as analytical cookies, cookies related to social media options and tracking cookies for offering relevant content.
8.3 The Participant can set the browser in such a way that no cookies are stored, that the Participant can allow or refuse any cookie or that all cookies are deleted when the browser is closed. Cookies are placed on every computer which the Participant uses to visit the website. If the Participant does not wish to receive cookies, the Participant must adjust the settings on all computers which are being used. If the Participant refuses and/or removes cookies, this also affects the strictly necessary cookies. This can cause limitations on the possibilities to use the website or parts of the website.
9 Retention period
9.1 When the Participant Agreement ends, MyAccount of the Participant remains accessible, including the content placed on MyAccount. If the Participant does not enter into a new agreement within one year after the end of the Participant Agreement, all content from MyAccount will be deleted, except from the personal data provided by the Participant. To permanently remove the MyAccount, the Participant must follow the appropriate procedure within MyAccount.
10.1 A Participant may exercise his or her rights based on the law with regard to personal data. For example, the Participant has the right to view, correct and delete personal data. The Participant can also object to the use of data or request SwimGym.com to limit this use. In certain cases, the Participant may request data. SwimGym.com can be reached by e-mail via firstname.lastname@example.org.
11.1 In the event of complaints concerning the handling of personal data, SwimGym.com can be reached by e-mail via email@example.com. If a solution cannot be found, the Participant can turn to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
12.1 SwimGym.com informs Participants about major changes to regulations via the website.