PRIVACY POLICY

I. GENERAL INFORMATION.

In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this APP are provided below:

The ownership of this SPORTIFY application (hereinafter, the APP) is held by: SPORTIFY EMS DEVICE, S.L, with CIF: B02827251, and whose contact details are:

Address:

Horta Vella Industrial Estate, Calle 2, Nave 22-8, Bétera (Valencia). Spain.

Contact telephone: 615 12 12 34

Contact email: info@sportifydevices.com

II. GENERAL TERMS AND CONDITIONS OF USE.

The object of the conditions: APP

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the APP. For the purposes of these Conditions, the APP shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).

SPORTIFY EMS DEVICE, S.L reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the APP and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time SPORTIFY EMS DEVICE, S.L may interrupt, deactivate and / or cancel any of these elements that are integrated into the APP or access to them.

Access to the APP by the User is private and, as a general rule, a subscription and access codes are required, regardless of the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

Therefore, the use of all the Contents or Services of the APP must be done through the subscription and prior registration of the User.

The User

The access, navigation and use of the APP, as well as the spaces enabled to interact between the Users, and the User and SPORTIFY EMS DEVICE, S.L as the comments and / or blogging spaces, confers the condition subscriber and User, so they are accepted, from the beginning of navigation through the APP, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them each time he visits the APP.

The SPORTIFY EMS DEVICE, S.L APP provides a great diversity of information, services and data. The User assumes responsibility for making correct use of the APP. This responsibility shall extend to:

• A use of the information, Content and / or Services and data offered by SPORTIFY EMS DEVICE, S.L without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the operation of the APP itself.

• The veracity and legality of the information provided by the User in the forms issued by SPORTIFY EMS DEVICE, S.L for access to certain Content or Services offered by the APP. In any case, the User will immediately notify SPORTIFY EMS DEVICE, S.L about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.

SPORTIFY EMS DEVICE, S.L reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attempt against youth or childhood, order or public safety or that, in its opinion, are not suitable for publication.

In any case, SPORTIFY EMS DEVICE, S.L will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

The mere access to this APP does not imply any type of commercial relationship between SPORTIFY EMS DEVICE, S.L and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this SPORTIFY EMS DEVICE, S.L APP is not aimed at minors. SPORTIFY EMS DEVICE, S.L declines any responsibility for the breach of this requirement.

SPORTIFY EMS DEVICE, S.L does not ensure that the APP complies with the laws of other countries, either totally or partially. If the User resides or has his domicile in another place and decides to access and / or navigate in the APP he will do so under his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable to him, not assuming SPORTIFY EMS DEVICE, S.L any responsibility that may arise from such access.

III. PRIVACY AND DATA PROTECTION POLICY.

SPORTIFY EMS DEVICE, S.L, undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws Incorporated in this Privacy Policy

This privacy policy is adapted to current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects the following rules:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

• Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD-GDD).

• Royal Decree 1720/2007, of 21 December, approving the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).

• Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The person responsible for the processing of personal data collected in the APP: SPORTIFY EMS DEVICE, S.L with CIF: B02827251 (hereinafter, also Responsible for the treatment). Their contact details are as follows:

Address:Polígono industrial Horta Vella, Calle 2, Nave 22-8, Betera (Valencia). Spain.

Contact telephone: 615 12 12 34

Contact email: info@sportifyDEVICE.com

Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by SPORTIFY EMS DEVICE, S.L through the forms extended on its pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between SPORTIFY EMS DEVICE, S.L and the User or the maintenance of the relationship established in the forms that he fills out, or to attend a request or query of the same. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is maintained that specifies, according to their purposes, the treatment activities carried out and the other circumstances established in the RGPD.

Categories of personal data

The categories of data that are treated in SPORTIFY EMS DEVICE, S.L are identifying data (name, surname, DNI/NIE/CIF/Passport or equivalent, postal address, email address, sex, date of birth, place of birth, telephone number) commercial information (economic data, bank account number, credit card number, curriculum vitae, academic data, image, etc.),

The processing of sensitive data will be carried out in accordance with the provisions of article 9 of the RGPD and 9 LOPDGDD, informing the user about the data that will be used by the person in charge.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. SPORTIFY EMS DEVICE, S.L undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes. The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the APP. On the occasions in which the User must or can provide their data through forms to make queries, request information or for reasons related to the content of the APP, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data are intended

Personal data is collected and managed by SPORTIFY EMS DEVICE, S.L in order to facilitate, expedite and fulfill the commitments established between the APP and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of SPORTIFY EMS DEVICE, S.L as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation through the APP.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is, the use or uses that will be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only for the period of one year until the User requests its deletion.

Likewise, we inform that our systems will be reviewed periodically to eliminate data that is not legally necessary.

Recipients of personal data

Where the controller intends to transfer personal data to a third country or international organisation, at the time the personal data are obtained, explicit consent to the transfer of data to a third country or international organisation shall be informed and, where appropriate, requested, as well as of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by SPORTIFY EMS DEVICE, S.L If it is a child under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

SPORTIFY EMS DEVICE, S.L undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid the destruction, loss or accidental or unlawful alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the data controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights arising from the processing of personal data

In accordance with articles 13 GDPR and 11.2.c) LOPDGDD, the User may exercise the following rights recognized in the RGPD against the person responsible for the treatment:

• Right of access to the user's personal data.

• Right to rectification.

• Right to erasure.

• Right to restriction of processing.

• Right to data portability.

• Right to object.

• Right not to be subject to a decision based solely on automated processing, including profiling.

Thus, the User may exercise their rights by written communication addressed to the person responsible for the treatment to the email address indicated in the data controller. Such communication shall contain:

• Name, surname of the User and copy of the DNI. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the DNI may be replaced, by any other means valid in law that proves the identity.

• Request with the specific reasons for the request or information to which you want to access.

• Address for notifications.

• Date and signature of the applicant.

• Any document that accredits the request made.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which their personal data are being processed, they will have the right to effective judicial protection and to file a claim with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he accepts the processing of his personal data so that the person responsible for the treatment can proceed to it in the manner, during the periods and for the purposes indicated. The use of the APP will imply the acceptance of the Privacy Policy of the same. SPORTIFY EMS DEVICE, S.L reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User. This Privacy Policy is adapted to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (RGPD) and to Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD)