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PRIVACY POLICY AND GENERAL CONDITIONS OF USE

The company INNOV TRAINING, Société par Actions Simplifiée with a capital of 1 126 300 €, whose registered office is located at 280 avenue des Templiers 13400 AUBAGNE, registered in the Trade and Companies Register of Marseille under the number 820 956 951, and represented by its director, Mr. Karoly Spy, is developing the GUTAÏ Training application accessible via the internet at https://beta.gutai.training and https://apps.gutai.training (hereinafter, the Application) or through a software downloadable on a smartphone from the AppStore or Google Play Store.

The Application is an interactive platform for tracking, planning and analyzing training sessions that allows its Users, Athletes and Trainers, to organize and facilitate their training sessions.
The present general conditions are intended for the Users of the Application, namely

Athletes, who use the Application to consult training plans, communicate with their coach and manage their subscription/payment method;

Coaches, who use the Application to supervise the Athletes under their care, by having access to data relating to the sports activities they carry out (GPS routes, statistics and performances achieved). They can also manage their membership and payment methods

Club managers, who use the Application to manage the members (coaches and athletes) and training groups of their structure. They can also manage their subscription and their payment method

Some provisions of these general conditions are applicable to all Users, other provisions are specific to Coaches or Athletes.

The purpose of the present general conditions of use is to define the methods in which the company INNOV TRAINING allows Users to use the Service, free of charge or for a fee.

GENERAL PROVISIONS APPLICABLE TO ALL USES OF THE SERVICE

 

Definitions

In these Terms and Conditions, the following terms shall be defined as follows:

Coach: a natural person using the Service to supervise the Athletes under their care, with access to the data collected by the Athletes;

Link: a connection between two User accounts, allowing each of the two Users to consult the Sports Data of the Linked account;

Service: online services offered by the Application, allowing Athletes and Users to optimize training and organize competitions;

Athletes: natural persons using the Service to facilitate the organization of their training and to organize their competitions, but also to consult training plans;

User: any natural or legal person using the Service, whether for payment or not, including Coaches, Athletes and Club Managers; sports associations.

Acceptance of the general conditions

The purpose of the present general conditions of use (hereafter GCU) is to define the methods in which the company INNOV TRAINING allows the Users to access the Application.

These GCU are accessible at any 9me on the Application.

The downloading of the Application and the opening of a personal account are subordinated to the acceptance by the User, without limitation or reserve, of these GCU.

The company INNOV TRAINING reserves the right to complete or to modify at any time the present GCU which will have, if necessary, to be the subject of a new validation on behalf of the User.

User account

In order to access the Application, the User must create an account.

The username and password (hereinafter referred to as “the Identifiers”) are created by the User at the time of registration and will allow the User to access the Application.

The User IDs can be modified online by the User in his User Account.

The User agrees not to communicate them to third parties and to ensure their confidentiality, whether direct or indirect, resulting from fraudulent access to the User’s personal space following the disclosure of his Identifiers.

The User undertakes to provide accurate and sincere information on his situation, as well as to regularly verify the data concerning him, and to proceed online, on his User Account, if necessary to the necessary modifications.

Functionalities of the Service

The Application is intended for Athletes, Coaches and sports associations. The Service allows Users to facilitate the organization of the training of Athletes, in particular by managing the schedule of training and competitions. The Service offers Coaches a tool to supervise the Athletes they are in charge of, in order to follow them, plan trainings, analyze their performances and their progress, and exchange with them thanks to a “real time chat” type of messaging.

The Service allows the coach and the user to communicate, the communication is done through a Saas service provider thanks to a JavaScript plugin which allows to exploit the TalkJS API.The content (text, image, video) of the communications exchanged via the chat of the Application is not stored on our servers.The User must formulate a request at the address contact@gutai-training.com if he wishes that his data be deleted from the storage system. INNOV TRAINING disclaims all responsibility for the quality of the content exchanged via the chat (e.g. no moderation, to ensure respect for privacy).

The Service allows the Athletes to plan training plans, to synchronize their training sessions, to analyze the data resulting from their training, to visualize the evolution of their performances, to communicate with their coach (via the messaging system), and to share images of their activity on the social networks.

This list of services is not restrictive, it can be revised, supplemented or limited. The company INNOV TRAINING can in particular update the functionalities of the Service, without this being considered as a reason for terminating the contract.

Access to the Service

To access and use the Service, the User must have compatible equipment allowing access to the Internet network.

Quality and continuity of the Service

The company INNOV TRAINING undertakes to take all the care and diligence necessary to ensure the permanence, continuity and quality of the service in accordance with the practices of the profession and the state of the art, and in this respect is bound by an obligation of means.

The company INNOV TRAINING reserves the possibility of suspending the access to the Application for possible interventions of maintenance or improvement of the service.

The Users hereby acknowledge that the fluctuations of the bandwidth and the vagaries of the access provider, and of the networks of connected objects, the interruption of the service ordered by an administrative or jurisdictional authority can lead to a discontinuity in the access to the Application, independent of the will and outside the control of the company INNOV TRAINING.

Obligations of the Users

The Users shall refrain from using the Service for the practice of illicit, threatening or obscene activities, to intimidate or harass, in any way whatsoever, the other Users, or to use the Service for purposes contrary to the present GCU.

In particular, Users agree to:

– Not to use the Services or send messages that are contrary to the laws and regulations, in general to public order and morality, and more specifically in order to organize an activity contrary to the laws and regulations; – Not to make remarks or transmit any content of a political, racist, xenophobic, discriminatory, malicious, rude, abusive, defamatory, hateful, obscene, pornographic, violent nature, infringing on people, privacy, confidentiality, institutions, laws and regulations in force;
– Not to disseminate content (including images, videos, sound recordings) (i) reserved for an adult audience (including elements containing sexual or pornographic references), (ii) allowing the identification of a person other than yourself, (iii) containing personal information about third parties (iv) including elements protected by copyright or any other intellectual property right; – Not to hinder or interfere with the normal operation of the Application, including the use of viruses or the sending of messages in mass;

PUT A TEXT THAT SPECIFIES THAT THE USER AGREES NOT TO SHARE AN IMAGE WITH GUTAI LOGO THAT WOULD BE LIKELY TO HARM THE BRAND OR INNOVATIVE TRAINING

Forum of discussion

The company INNOV TRAINING proposes to its Users a forum of discussion via the social network FACEBOOK.

The company INNOV TRAINING could not be held responsible for the illicit contents which would have been published on this discussion forum and which would not have been removed by the social network FACEBOOK on the page of which the contents will have been published.

As such, the company INNOV TRAINING reserves the right to remove any illicit content which would be published on this discussion forum.

Is in particular, without this list being restrictive, considered as illicit content, any publication which constitutes a defamation, an insult, an infringement of an intellectual property right, concerns the apology of crimes against humanity, the provocation to the commission of acts of terrorism and their apology, incitement to racial hatred, hatred towards people because of their sex, sexual orientation or identity or their handicap, as well as child pornography, incitement to violence, in particular incitement to violence against women, as well as attacks on human dignity.

Intellectual property

The contents of the Application are the property of the company INNOV TRAINING (or its commercial partners) and are protected by the French and international laws relating to the intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.

Responsibility of the company INNOV TRAINING

The role of the company INNOV TRAINING is limited to enabling Athletes and Trainers to organise their relationship, by establishing a link which enables them to share the use of the Services, without taking part in the relationship between them.

The company INNOV TRAINING cannot be qualified as a Coach, and does not determine the conditions in which the Athletes will train.

Consequently, the company INNOV TRAINING cannot be held responsible in the event of damage occurring during training, nor for any prejudice linked to the performance, poor performance, or non-performance, of the contractual relationship between the Athlete and the Coach.

In addition, the company INNOV TRAINING cannot be held responsible for direct or indirect damage resulting from the use of the Application, and in particular for any damage such as commercial damage, loss of customers, loss of profits, damage to the brand image, or any claim from a third party.

In any case the responsibility of the company INNOV TRAINING for direct damage which would result from faults which would be imputable to it is limited, all causes combined, to a sum limited to the annual cost of the subscription having caused the damage.

Personal data

The user acknowledges having read and accepted the privacy policy of the company INNOV TRAINING, specifying the conditions in which his personal data are processed, and in which he can exercise the rights granted to him by the legislation in force.

Integrity of the general conditions

Any event affecting, for whatever reason, the existence of a contractual stipulation, in particular deletion, impossibility of execution or invalidation by decision of justice, separable from the other provisions of the present, does not affect the obligatory character of the execution by the parties of the other stipulations of the present general conditions.

Applicable law

The present general conditions are subject to French law.

Settlement of disputes

All the disputes to which the operations of purchase and sale concluded in application of the present general conditions could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.

The User is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the Medicys Mediation and Cyber-Services Centre (73 Boulevard de Clichy 75009 PARIS, https://conso.medicys.fr, contact@medicys.fr), the references of which are given on the Internet Application “Indicate Internet Application”, or to any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

SPECIFIC PROVISIONS APPLICABLE TO PAID USE OF THE SERVICE

Principle of free use of the Services by the Athletes

Access to the services offered by the company INNOV TRAINING to the Athletes is free of charge, with the exception of the supply of training programs or personalized coaching services.

Paying nature of the use of the Services by the Trainers

The access to the services proposed by the company INNOV TRAINING to the Coaches requires the subscription to the Gutai franchise.

Paying nature of the use of the Services by the managers of sports associations (clubs)

Access to the services offered by the company INNOV TRAINING to the managers of clubs requires the subscrip9on to a paying subscription (after the agreed trial period, if necessary).

Conditions of payment of the paying services

The INNOV TRAINING company only accepts payments by bank card, through the payment provider STRIPE. Within the framework of a subscription already taken out, the debit of the bank card whose details have been transmitted to the INNOV TRAINING company by the Client will be carried out each month, on the calendar day when the subscription was initially taken out.

The company INNOV TRAINING does not keep any bank details of the User in accordance with the European regulation DSP2, and implements the strong authentication (SCA) (e.g.: 3D secure).

On this occasion the User can receive and download the invoices from INNOV TRAINING directly from STRIPE (a link will be sent to him by STRIPE or the Application).

The beginning of the monthly billing takes effect on the day of the beginning of the training program purchased for the amount indicated in the order the monthly billing of the training program: at the beginning of each month for the next 30 days.

The end of the monthly billing is the day after the end date of the training program.

Exclusion of the right of withdrawal

According to article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not provided on a physical medium, the execution of which has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.

The Services subscribed by the Users consisting in the supply of a digital content not supplied on a material support whose execution started after prior express agreement of the consumer and express renunciation of his right of withdrawal, the Users do not profit from the right of withdrawal.

Specific provisions applicable to the purchase of training programs

Users can purchase training programs.

The price and content of these training plans will appear on the sales site accessible at the url https://gutai-training.com

Specific provisions applicable to subscriptions subscribed by coaches

Condition of diploma

The coach must hold a diploma, title with professional purpose or certificate of professional qualification guaranteeing his competence in the field of safety of the practising persons and the thirds in the considered activity and registered with the national repertory of the professional certifications under the conditions envisaged in the ar9cle L.6113-5 of the Code of work, or any other title aimed at the article L.212-1 of the Code of sport.

The trainer undertakes to inform the company INNOV TRAINING without delay of any event likely to call into question the possession of this diploma.

Obligations of the trainer

The trainer undertakes to respect in all circumstances the rules and codes of good conduct linked to his profession, when he uses the Service.

The trainer also undertakes to show for the benefit of the Athletes a correct presentation and behaviour, essential to the exercise of his profession and to the respect of the notoriety and reputation of the company INNOV TRAINING.

Specific provisions applicable to subscriptions taken out by club managers

The monthly billing is composed of 2 parts: a fixed part determined in advance, and a variable part depending on the number of athletes (users) who are associated with the trainer (coach).

Each time the club wants to add an athlete to its club, a billing change confirmation request is presented to the club (which acts as a purchase) before the athlete is added to its club. In case the club manager requests that an athlete who is already a GUTAÏ Training user be added to his club, the billing will be updated automatically.

List of subscrip9ons and one-time purchases

  • Athlete PREMIUM subscription :

Automatically renewed subscription without commitment Invoicing starts when the purchase is validated.

For any cancellation request, the User must go to the Application or to contact@gutai- training.com and indicate his/her user ID.

It will be effective at the end of the current billing period (no pro-rata refund).

The cancellation will take effect at the end of the month in question.

  • Athlete TRAINING Subscription 2.1:

Subscription without commitment renewed automatically

Billing starts when the purchase is validated.

For any cancellation request, the User must go to the Application or the address contact@gutai-training.com and indicate his user ID.

It will be effective at the end of the current billing period (no pro-rata refund).

The cancellation will take effect at the end of the month in question.

  • Athlete COACHING Subscription:

Subscription without commitment automatically renewed

Billing starts when the purchase is validated.

For any cancellation request, the User must go to the Application or the address contact@gutai-training.com and indicate his user ID.

It will be effective at the end of the current billing period (no pro-rata refund).

The cancellation will take effect at the end of the month.

  • Athlete MEMBERSHIP :

Subscription without commitment renewed automatically

Billing starts when the purchase is validated.

For any cancellation request, the User must go to the Application or the address contact@gutai-training.com and indicate his user ID.

It will be effective at the end of the current billing period (no pro-rata refund).

Termination will take effect at the end of the month in which the contract was signed.

  • Athlete Purchase PROGRAM (training program) :

Purchase billed (for the first month on the start date of the training program) at the rate indicated on the sales page accessible at https://gutai-training.com/ .

The purchase is for the duration of the training program (defined at the time of order).

As long as the end date of the training program is not exceeded, the User will be billed every month (at the agreed rate) on the anniversary date of the start of billing

Billing starts at the time of purchase validation.

The request for cancellation of the PROGRAM can be made 2 days before the start of the training program. In this case, it will be effective immediately with a pro-rata refund.

The cancellation will take effect at the end of the committed month.

As an exception to the previous paragraph, failure to pay the membership fee on the first day of the calendar month will result in automatic and immediate termination of the membership.

  • Club Manager – SPEED/PRO/PERSO

Subscriptions without commitment automatically renewed.

For any cancellation request, the User must go to the Application or the address contact@gutai-training.com and indicate his user ID.

It will be effective at the end of the current billing period (no pro-rata refund).

The termination will take effect at the end of the month in which the contract was signed.

The present privacy policy (hereafter the “Privacy Policy”) describes the conditions and methods of processing personal data collected by INNOV’TRAINING (hereafter the “Data”) from the athlete-user (hereafter the “User”) in the context of the use of the GUTAÏ application (hereafter the “Application”). The Application allows to improve the physical training of the User practicing an endurance sport through the analysis of his/her physiological data (hereafter the “Services”).

Privacy Policy

The Privacy Policy also describes how the Data is used, shared and protected.

As such, it also outlines the rights that the User has regarding the use of his/her personal data.

I. Data controller

The company INNOV-TRAINING is responsible for processing the Data (hereinafter “INNOV- TRAINING”).

II. Purposes of the processing of the Data

The Data collected by INNOV-TRAINING are necessary for the proper functioning of the services offered by the Application and allow in particular:

– The provision of the Services offered by the Application

The Data collected allows the User’s physical activity to be monitored, to accompany him/her in his/her training sessions and to offer personalized follow-up.

– The supply of information on products, services, events proposed by INNOV TRAINING and its partners.

By creating a User account, the User authorizes INNOV TRAINING to send him/her e-mails informing him/her of products and services offered by INNOV-TRAINING or its partners.

– The study, the statistics and the analysis
The Data allows INNOV-TRAINING to carry out studies and/or statistics.

The Data may be transferred to third parties for statistical studies. In this case, the Data will be anonymized.

– Other purposes

INNOV-TRAINING may also use the Data for other purposes. In this case, INNOV-TRAINING will provide Users with specific information at the time of collection and will seek the User’s prior consent if required.

III. The Data collected

The Data collected is used for the purposes of the Application as detailed in Article II hereof.

To this end, when the User creates an account (a mandatory prerequisite for using the Application), INNOV-TRAINING collects the following Data:

– Identity information: when the User creates an account, he or she indicates whether he or she is a woman or a man and provides the following personal information:  last name, first name, Ddn, email address.

– Payment information

– Physical characteristics information: this information includes your weight and height.

– Information on physical condition: for the purposes of implementing the Services offered by the Application, the User provides information relating to the sport(s) practiced, his level of training, his eating habits, his perception of the efforts made during his training, his mood, his periods of menstruation.

– Information related to geolocation: the purpose of the Application is to improve the User’s sports performance. As such,
the Application may allow to record the route taken by the User during a training session if the User authorizes the Application to access the location data of his/her smartphone. Authorization to access, collect and process data relating to the User’s geolocation enables INNOV-TRAINING to produce a report on the performance achieved and the points to be improved for the User who has agreed to be geolocated. The User may revoke his consent at any time and deactivate the geolocation option on his smartphone. In this case, the User can no longer benefit from the Services of the Application based on his geolocation during his training.

– Movement data: INNOV-TRAINING may use, for the purposes of the Services of the Application, from the accelerometer of the User’s smartphone, Data relating to his speed.

– Sensor Data: INNOV-TRAINING may also use Data relating to the User’s heart rate and variability for the purposes of the Application’s Services.

– Miscellaneous information: In certain cases, the use of certain functionalities of the Application may require INNOV TRAINING to be provided with additional data or additional consent for the use of the Data for certain purposes.

For example, the use of the heart rate tracking available on the Application may require the connection to a heart rate tracking tool.

Such additional data includes: identification of the smartphone through which the User connects, network access, storage information, Cookies, IP addresses, data identifying the internet browser and its version, web beacons and web beacons.

IV. User Data Management Tools

When using the Application, the User is informed, through the Privacy Policy accessible via The Internet Application www.gutai.training and directly in the Application, of the collection and the methods of use of his Data by INNOV- TRAINING.

In many cases, the User’s web browser or cell phone platform will provide additional tools to allow the User to control when their device collects or shares certain categories of information.
For example, the User’s smartphone or web browser may provide tools that allow the User to manage the use of cookies or location sharing. We encourage the User to become familiar with and use the tools available on their devices.

V. Data Sharing

Within the framework of the implementation and the good execution of the Services proposed by the Application, INNOV TRAINING shares the Data with:

Third-party service providers, called “subcontractors”, processing or exploiting Users’ Data on behalf of INNOV-TRAINING and according to its instructions, in accordance with the provisions of this Privacy Policy. The sub-processor guarantees to implement the security and confidentiality measures necessary to protect the Data. Subcontractors may, for example, carry out statistics, evaluate the habits or behavior of the User in order to provide the best advice to improve his physical abilities.

INNOV-TRAINING employees may also process Data for the purposes set out in Article II hereof.

Other third parties to the extent necessary to: (i) comply with a request, court order or legislation; (ii) prevent unlawful uses of the Application or violation of the Terms of Use of our Application; (iii) defend against third party claims; and (iv) prevent fraud or investigations (e.g. counterfeiting).

INNOV-TRAINING may also transfer Data in the event of an assignment or transfer of all or part of its business or assets (including in the event of a reorganization, assignment, dissolution or liquidation); provided that the transferee complies with this Privacy Policy.

VI. Protection and Management of Your Data

Encryption & Security: INNOV-TRAINING uses various technical and organizational security measures such as encryption and authentication tools to ensure the security of your Data.

Your Data is stored on secure servers located in France and is only accessible to a limited number of people with specific access rights to these systems.

Duration of Data Retention: INNOV-TRAINING retains the Data for as long as is necessary for the performance of the Services offered by the Application.

Rights of the User: In accordance with the provisions of articles 38, 39 and 40 of the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004 and the Act of 17 March 2014, the User has the right to access, rectify, modify and delete data concerning him or her by sending a written request to the following address: 280 avenue des Templiers 13400 AUBAGNE.

To modify his subscription to notifications (by email or SMS) or to stop receiving communications from INNOV TRAINING, the User can modify his preferences directly from the Application.

VII. Use of cookies and beacons

The Application does not use cookies.

VIII. Use of the Applica9on via third party services

The Application allows interaction with other digital services.

For example, the Application may integrate third-party modules for activity monitoring, including nutritional monitoring,

Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow- cookies

Safari: http://support.apple.com/kb/PH5042

Chrome: http://support.google.com/chrome/bin/answer.py? hl=fr&hlrm=en&answer=95647

Firefox: http://support.mozilla.org/fr/kb/ Activer%20et%20d%C3%A9sac9ver%20les%20cookies

If the User decides to connect his account with third party modules or accounts, his rights and Data will be governed by the terms of these third party platforms.

These third party sites and applications have their own data protection policy. INNOV- TRAINING advises the User to read them carefully.

Insofar as these third party sites or applications are not owned or controlled by INNOV- TRAINING, INNOV-TRAINING cannot be held responsible for their contents, their use or their practices with regard to personal data.

IX. Hypertext links

The User wishing to insert a hypertext link on his own site and/or blog, whether or not it is used for commercial purposes, referring directly to the site of the Application must expressly request prior written authorization from INNOV-TRAINING.

Where applicable, the ability granted by INNOV-TRAINING to the User to place, on his own site and/or blog, a reference or link to the Application of the Application does not mean that INNOV-TRAINING approves the content of these sites and/or blogs. In any case, INNOV- TRAINING shall not be held responsible for the reference or link to The Application of the Application appearing on other sites.

The User releases INNOV-TRAINING from all possible claims by third parties against it due to the User’s violation of the rights of third parties or of applicable legislation in connection with the insertion of a hypertext link to The Application of the Application.

X. Modification of our Privacy Policy

INNOV-TRAINING reserves the right to modify this Privacy Policy at any time to ensure that it complies with current standards.

The updated version of the Privacy Policy governs the use of Data and will always be available at https://gutai.training/admin/config/terms.
INNOV-TRAINING urges Users to read the Privacy Policy and to check it regularly for changes. This Privacy Policy was last modified on May 31, 2021.

XI. Questions and Comments

Users may send comments, questions or concerns to INNOV-TRAINING by writing to : INNOV- TRAINING, 280 avenue des Templiers 13400 AUBAGNE, by sending an email to contact@gutai-training.com.