Privacy Policy

Terms & Conditions

These Terms & Conditions associated with the processing of personal data (hereinafter referred to as the Conditions) describe the way in which GymBeam Ltd., with its registered office at Rastislavova 93, 04001 Košice, ID number 46 440 224, registered in the Commercial Register of the Košice I District Court, Section Ltd, file no. 35719 / V (hereinafter referred to as the “Company” or “we”) processes your personal data for the purpose of providing our services, consisting in the sale and distribution of nutritional supplements, sportswear and exercise accessories through an online store (hereinafter referred to as the “Services”) on the website www.gymbeam.com (hereinafter referred to as the “Website”), as well as through other means of remote communication.

The company is responsible for the processing of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC ["GDPR". “] and Act no. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as currently in force [hereinafter referred to as “Act no. 18/2018 Coll. ”].

The company has taken all appropriate technical and organizational measures to ensure the protection of personal data.

"Personal data": data relating to an identified natural person or an identifiable natural person which can be identified directly or indirectly, in particular by a generally applicable identifier, another identifier such as a name, surname, identification number, location data or an online identifier, or on the basis of one or more characteristics or traits that make up its physical identity, physiological identity, genetic identity, mental identity, economic identity, cultural identity or social identity.

"Processing of personal data": a processing operation or set of processing operations involving personal data or personal data files, in particular the acquisition, recording, organizing, structuring, storage, alteration, retrieval, browsing, exploitation, transmission, dissemination or otherwise, combining, restricting, deleting, whether performed by automated means or non-automated means. 

        

WHAT KIND OF INFORMATION DO WE COLLECT? AND FOR WHAT PURPOSE?

We collect the following personal data (hereinafter referred to as Personal Data) depending on how and to what extent you use our Website and / or Services:

1. Information necessary to register and access the Website

In order to register on our Website and subsequently log in to our Website and access our personalized services on the Website, we process the following personal information: (i) your name, (ii) your last name and (iii) your email.

 The processing of such data is necessary for the fulfilment of the contract of which you, and we are contractual parties. The legal basis for the processing of this information is represented by Sec. 6 (1) (b) GDPR.

2. Information necessary for the provision of the Services

For the purpose of providing our Services (i.e. [delivery of goods ordered by you / provision of services purchased by you]) we process the following personal data: (i) your name, (ii) last name, (iii) address, (iv) e-mail, (v) telephone number and (vi) information about your payment card (especially card number, expiration date and CVV code).

 The processing of such data is necessary for the fulfilment of the contract of which you, and we are contractual parties. The legal basis for the processing of this information is Sec. 6 (1) (b) GDPR.

3. Information gathered for marketing purposes

In order to receive our new arrivals and / or newsletters, information about discounts, updates, improvements and offers and other marketing materials in the form of e-mails, SMS messages or mail and / or notifications, we process your: (i) name, (ii) last name, (iii) e-mail, (iv) telephone number and (v) address.

We process this personal data with your express consent. The legal basis for the processing of this information is Sec. 6 (1) (b) GDPR.

If you decide that you are no longer interested in receiving such news, you have the right to withdraw your consent by clicking on the hyperlink directly in the e-mail communication and / or available here: https://gymbeam.com/newsletter/manage/. Withdrawal of your consent may result in you not receiving notifications about discounts, updates, improvements and offers. You may not revoke your consent to receive emails containing notices related to the provision of the Services. 

4. Information gathered during your browsing on our Website

In order to continuously improve our Services, to develop your user experience when using our Website, we process information relating to: (i) your computer, (ii) visits to or use of our Website and / or our Services (including your IP address, geographical location, type and version of your browser / operating system, source links, length of visit to the pages viewed and movements on our Website or any similar information that the Company may obtain directly or indirectly from third party providers), (iii) generated by your use of our Website and / or Services or which are generated during the use of our Services (including the time schedule, frequency and pattern of use of the Website).

We process this personal data with your express consent. The legal basis for the processing of this information is Sec. 6 (1) (b) GDPR.

5. Information gathered by leaving a comment / rating

When leaving a rating or posting a comment on our Website, we will process personal information that you leave along with the rating / comment on our Website, thus we will process your: (i) name, (ii) last name, (iii) nickname you choose to leave a comment / rating and (iv) any other information you choose to include in the rating/comment.

We process this personal data with your express consent. The legal basis for the processing of this information is Sec. 6 (1) (b) GDPR.

6. Information gathered during communication with us

In order to communicate with us for any reason (for example, support in using the Website / use of the Services, refunds, resolving any problems, etc.) we will process the following personal data: (i) your name, (ii) last name, (iii) address, (iv ) e-mail, (v) telephone number, (vi) communication content, (vii) metadata associated with the communication and (viii)) any other necessary data that you choose to provide in the communication.

The processing of such data is necessary for the fulfilment of the contract of which you, and we are contractual parties. The legal basis for the processing of this information is Sec. 6 (1) (b) GDPR.

7. Information gathered during the refund procedure

During the refund procedure on the basis of your complaint about the goods or services provided by us, we will process personal data primarily in the range of (i) name, (ii) surname, (iii) e-mail, (iv) telephone number, (v) address and (vi) IBAN.

The processing of such personal data is necessary to fulfil our legal obligation, especially under Act no. 250/2007 Coll. on consumer protection, as amended, with Act no. 40/1964 Coll. Civil Code. The legal basis for the processing of such information is laid out in Article 6 (2). 1 letter c) GDPR. 

     

ON THE BASIS OF WHAT CAN WE PROCESS YOUR PERSONAL DATA?

In addition to the above, we have the right to process your Personal Data to fulfil our legal obligations under Article 6, Sec 1, (c) of the GDPR or to protect our legitimate interests under Article 6 Sec (1), (f) of GDPR, for example for fraud prevention, network and information security and direct marketing.

We will process your Personal Data in accordance with applicable law, and we will protect your Personal Data against misuse and / or illegal disclosure.

       

HOW DO WE SHARE YOUR PERSONAL DATA?

In order to make our Website and/or Services available (and if necessary due to circumstances) we have the right to provide your Personal Data (and you give consent to such provision) in accordance with the principle of minimization only to a limited circle of persons, our employees, subcontractors, officials, advisors, sales representatives, suppliers or related parties of the Company and the Service Provider to the extent that it is reasonable and necessary to achieve the purpose set out in these Terms&Conditions, in particular the following entities:

(i) Global Payments Ltd., organizational file, with its registered office at Vajnorská 100 / B, 831 04 Bratislava, Company Identification Number: 50 010 301, registered in the Commercial Register of the District Court Bratislava I, Section: Po, File no. 3016/B

(ii) Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin, D02X525, Ireland

(iii) Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

(iv) TikTok Inc., Culver City,Bristol Pkwy 5800, United States

      

In addition, we may provide your personal information:

(i) to the extent required by applicable law,

(ii) in connection with any ongoing or future legal proceedings, or

(iii) to prove, exercise or defend our legal rights (including the provision of your Personal Information to third parties in order to prevent fraud and minimize payment risks).

       

Information based on which you are not identifiable: We have the right to provide your Personal Data on the basis of which it is not possible to identify you (including anonymous data about the use of our Website and / or Services, links / landing pages and URLs, platform types, number of clicks etc.) to third parties who are interested in such information in order to understand how to use certain services.

        

We do not share your Personal Data, which allows your identification or location, with third parties for direct marketing purposes.

         

We may allow certain third parties to post advertisements and marketing information on our Website. Such third parties use technology that sends offers or links directly to your browser, which are then displayed as part of the web page being viewed. In this case, they will automatically receive information about your IP address. They may also use other technologies (such as cookies, JavaScript or web beacons) that measure the effectiveness of their ads and also personalize the content of the ads displayed to you. We do not disclose information to such third parties that would allow them to personalize the information obtained. Please note that if an advertiser asks us to post an ad to a specific group of customers, and you respond to such an ad, such advertiser or ad server may infer that you belong to the group they are trying to reach. These terms are not intended to govern your relationship with any third party that uses the above technologies. For more information, please read the terms of processing of personal information of such advertisers.

          

DO WE TRANSFER YOUR PERSONAL DATA TO THIRD COUNTRIES?

The personal data we collect may be stored or otherwise processed and transmitted within the countries in which we conduct our business activities to achieve the purpose of the processing set forth in these Terms. For the same purpose, your data may be transferred between the Member States of the European Union or the European Economic Area and countries which, according to the European Commission, guarantee the level of personal data protection as published from time to time by the Office for Personal Data Protection on its website: https://dataprotection.gov.sk/uoou/en/content/transfers-basis-adequacy-decision

 

HOW LONG WILL WE PROCESS YOUR PERSONAL DATA?

Unless otherwise provided in applicable law, we have the right to process your Personal Data in a form that allows you to identify yourself for the time necessary to achieve the purpose for which the Personal Data was provided (this may include the time you visit our Website or use our Services and / or for the entire period during which the purpose of processing Personal Data lasts), unless stated otherwise, in the following length:

1. Information necessary to register and access the Website

We will process the data necessary for registration and access to the Website from the date of your registration on the Website within 30 days from the day you cancel your registration. We will process the data within this period (i.e. 30 days from the cancellation of the registration) only for the purpose of terminating the contractual relationship between us and you, which arose with your registration on the website, resolving any disputes arising from this relationship and protecting any of our legitimate interests).

2. Information necessary for the provision of the Services

We will process the data necessary for the provision of the Services from the day when you ordered the Service until its demonstrable provision (i.e. until the day when the goods are delivered and the applicable price is paid).

3. Information gathered for marketing purposes

We will process the data obtained for marketing purposes from the day you give us your consent to such processing until the day of (i) withdrawal of your consent or (ii) cancellation of registration on the Website.

4. Information gathered during your use of our Website

We will process the data obtained for marketing purposes from the day you give us your consent to such processing until the day of (i) withdrawal of your consent or (ii) cancellation of registration on the Website.

5. Information gathered while leaving a comment/rating

We will process the data obtained for marketing purposes from the day you give us your consent to such processing until the day of (i) withdrawal of your consent or (ii) cancellation of registration on the Website.

6. Information gathered during communication with us

We will process the data obtained during communication with us from the day of their acquisition until the day when your request resulting from the e-mail communication will not be processed.

7. Information gathered during the refund procedure

We will process the data obtained during the refund procedure from the day you provide them to us during the archiving period required by special legal regulations and control authorities.

We have the right to process your personal data for longer than stated above, if necessary (i) for the purpose of fulfilling our legal obligations, (ii) in order to prove, exercise or defend our legal rights (including the provision of information to third parties in order to prevent fraud and minimize payment risks). 

      

HOW CAN YOU WITHDRAW YOUR CONSENT?

You can revoke your Consent at any time on the basis of your own decision via email or telephone contact which you can find here: info@gymbeam.com, +49 308 3794 400. Withdrawal of consent does not affect the lawfulness of the processing of personal data based on consent prior to its revocation. 

       

WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

You have the right to:

access your Personal Data

In particular, request information on:

• the purpose of the processing of Personal Data,
• the categories of personal data processed,
• the recipients to whom the Personal Data is provided, and
• both storages of your Personal Data,
• the right to request from us the correction of personal data concerning you, their deletion or restriction of their processing, or the right to object to the processing of personal data,
• the right to file a motion to initiate proceedings on the protection of personal data to the Office for Personal Data Protection,
• sources of personal data if personal data has not been obtained from you. 

 The company will immediately provide you with your personal data, which it processes, in a manner according to your requirements. We may charge a reasonable fee for re-providing the personal information you request, commensurate with the administrative costs.  

    

Correction of your Personal Data

In case that you become aware that we are processing incorrect Personal Data, please inform us of this fact, and we will correct such incorrect data without undue delay. You also have the right to request the completion of incomplete personal data. 

      

Deletion of Personal Data (the Right to be forgotten)

We will delete your Personal Data if: (i) the Personal Data is no longer required for the purpose for which it was obtained, (ii) you withdraw your consent to the processing of personal data under the conditions set out in these Terms, (iii) you object to the processing of Personal Data, (iv) we have obtained your Personal Data illegally, (v) we have a legal obligation to delete your Personal Data or (vi) Personal Data has been obtained in connection with the offer of information company services.

In case that personal data is deleted at your request, we will also take appropriate security measures to inform other providers who process your personal data about this request, so that these providers delete references to this personal data and copies thereof. 

 

Restrictions on the processing of Personal Data

You have the right to restrict the processing of your Personal Data if: (i) you object to the accuracy of the Personal Data during the period to verify its accuracy, (ii) the processing of your Personal Data is illegal, and you object to the deletion of Personal Data instead of restricting its use, (iii) we no longer need your Personal Data for processing purposes, but you need it to exercise a legal claim or (iv) object to the processing of Personal Data until it is verified that legitimate reasons on our part outweigh your legitimate interests.

If the processing of personal data has been restricted, except for storage, we process personal data only with your express consent or for the purpose of asserting a legal claim, for the protection of persons or for reasons of public interest. 

  

Portability of Personal Data

You have the right to obtain from us your Personal Data processed by us in a structured, commonly used and machine-readable format for the purpose of transferring this Personal Data to another operator.

 

Object to the processing of Personal Data

You have the right to object to the processing of Personal Data based on legitimate interest, marketing, and profiling related to direct marketing.

     

Initiate proceedings before the supervisory authority

If you suspect that your rights related to the protection of your Personal Data have been violated, you have the right to file a motion to initiate proceedings before the supervisory authority – Office for Personal Data Protection pursuant to § 100, Act no. 18/2018 Coll.

       

DO WE USE AUTOMATED DECISION-MAKING AND PROFILING? HOW DOES IT WORK?

In order to provide our Services, we do not use: (i) automated individual decision-making (i.e. we collect your Personal Data, which is subsequently evaluated by technical means, without any human intervention. Subsequently, based on such evaluation, we continue to provide you with our Services) and (ii) profiling (i.e. we collect and evaluate your Personal Data as well as data about your behaviour on our Website for the purpose of your inclusion in a certain group of people and subsequent analysis and prediction of your interests, further behaviour, etc.).

       

DO WE PROCESS PERSONAL DATA OF CHILDREN?

We consider the protection of your children's privacy to be particularly important. For this purpose, we do not knowingly collect any personal data from persons under the age of 16. If you are under the age of 16, please do not send us any of your Personal Information, including your name, address, telephone number or email address. No person under the age of 16 is entitled to provide their Personal Data on the Website. If we find that any Personal Data we process relates to a person under the age of 16 and at the same time we have not been granted the consent of the legal representative of such a person, we will delete such Personal Data without delay. If you suspect that we may be processing information from or about persons under the age of 16, please contact us at +49 308 3794 400.

         

HOW DO WE PROCESS FINANCIAL TRANSACTIONS?

All financial transactions and operations performed electronically on our Website or in connection with our Services will be processed through the providers of online payment services Global Payments Ltd, organizational unit, Tomášikova 48, 831 04 Bratislava. You can find the conditions of personal data processing of such providers at: https://www.globalpaymentsinc.com/sk-sk/gdpr. We will only provide your Personal Data to online payment service providers to the extent necessary to process payments you make via our Website, to refund such payments and to resolve refunds and inquiries regarding such payments and refunds.

       

HOW DO WE COOPERATE WITH THIRD PARTY WEBSITES?

Our Website includes hyperlinks and details about third party websites.

We have no control over and are not responsible for the processing conditions and third party privacy policies.

        

DO YOU HAVE ANY FURTHER QUESTIONS?

If you are interested in contacting us regarding the processing of personal data, including the case when you wish to exercise any of the rights set out in these Terms, please contact us by e-mail at: info@gymbeam.com or by phone at +49 308 3794 400.

     

HOW DO WE UPDATE OUR TERMS & CONDITIONS?

We reserve the right to change these Terms&Conditions. If we change the Terms&Conditions or Processes, we will post those changes on the Website so that you always have an overview of what information we collect, how we use it and under what circumstances we may provide it to a third party. It is important that you regularly review these Terms to ensure that you are aware of any changes.

 

WHICH COOKIES DO WE USE?

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and stored by the browser on your mobile device or computer for your identification (usually based on anonymous identifiers). The identifier is then sent back to the server whenever the browser requests the server to view the page to identify your visit to a particular page, the list of ads you responded to, the type of browser you use, and to remember the information you entered on our Website.

             

We use cookies in order to personalize the content and advertisements that are displayed to you, to enable the use of social media functionalities and for the purpose of analysing traffic. We provide information about your use of our Website to our social media, advertising and analytics partners, who may associate this information with other information you have provided or obtained as a result of your use of their services.

      

We use cookies in order to be able to adapt to your needs, to be able to distinguish you from other users, to prevent the display of ads in your browser that are not of interest to you, and to help you avoid having to log in to our Website repeatedly.

We use either "permanent" or "temporary" cookies: permanent cookies will be stored in your internet browser until the date of their specified expiration, if you do not delete them before that date; Temporary cookies, on the other hand, expire the moment you close your internet browser.

     

We also use third-party cookies: Third-party cookies are cookies that are set by a site other than our Website. For example, the "Like" social media buttons located on their website. Such a button can download cookies that can be read by the operator of these social media. The purpose of these third-party cookies is mostly to collect certain information for the purpose of research in the field of behaviour, demography and, last but not least, for the purpose of performing targeted marketing.

    

Cookies usually do not contain information on the basis of which it would be possible to identify you, but your Personal Data that we store may be linked to data that is obtained and stored from cookies.

Technical cookies: in order for our online store to work properly (e.g. so that you can create a user profile, log in to it and buy goods and services), we use technical cookies. Without them, our online store would not work at all.

      

Functional cookies: so that you do not have to log in all the time, and you do not have to set your preferences all the time (e.g. setting the language in which our online store is displayed), functional cookies help you. In this case, your password is always encrypted. The use of these cookies is not necessary, but it will make your visit to our online store significantly more pleasant and easier.

       

Analytical cookies: analytical cookies help us to improve our online store, from which you benefit again as a result. Analytical cookies on our website are collected by a script of Google Inc., which then anonymizes this data. After anonymization, it is no longer personal data, because anonymized cookies cannot be assigned to a specific user, or a specific person. We only work with cookies in an anonymized form. Therefore, we cannot find out from cookies how a specific user behaved on our website (what pages he visited, what products he viewed, etc.).

        

We also use the knowledge obtained from these cookies for advertising purposes, where we can display advertising on foreign websites based on this data, which we consider relevant to you.

    

Please note that blocking and/or deleting cookies may have a negative impact on your ability to use the Website and/or the Services.

 

Last update: March 25, 2021