This Privacy Policy sets out the basic rules for the protection of Your Personal Data used by us, i.e. sportbm sp. z o.o., the controller of Your Personal Data. The Privacy Policy:
1. defines the purpose, scope and the period for which Your Personal Data will be processed by sportbm sp. z o.o.;
2. describes with whom and on what terms sportbm sp. z o.o. may share Your Personal Data;
3. contains information about Your rights, what You are entitled to in connection with the processing of Your Personal Data by sportbm sp. z o.o..
This Privacy Policy contains, in particular, all the necessary information required by 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 (general regulation on data protection), the provisions of which apply from May 25th, 2018.
This Privacy Policy also describes the rules for the use of cookies by sportbm sp. z o.o. for storing information on Your Devices and accessing this information.
1. Definitions.
1.1. You – the user of the services provided by sportbm sp. z o.o. or providing sportbm sp. z o.o. their Personal Data. All provisions in this Privacy Policy apply to such a user. The pronouns (and their forms), e.g. Your, You, Yours, used in these provisions refer to the user.
1.2. sportbm sp. z o.o. (or we/us) – sportbm spółka z ograniczoną odpowiedzialnością with its registered office in Sopot, ul. Powstańców Warszawy 19, entered into the register of entrepreneurs of the National Court Register under the number 0000911429, whose records are kept in the District Court Gdańsk-North, 8th Division of the National Court Register, NIP (TIN): 5851494341, with a share capital of 800.000,00 PLN. All provisions in this Privacy Policy apply also to sportbm sp. z o.o., including by the use of pronouns "our" or "us" (or their variations) that refer to sportbm sp. z o.o.
1.3. Privacy Policy – the document You are reading right now, prepared by sportbm sp. z o.o..
1.4. Personal Data – all information about You (e.g. Your name, e-mail address or telephone number, etc.) that You personally provide to sportbm sp. z o.o., or that sportbm sp. z o.o. acquires from other sources.
1.5. RODO – 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 (general regulation on data protection), the provisions of which apply from May 25th, 2018.
1.6. Cookies – computer data, in particular small text files sent by the website of sportbm sp. z o.o., saved and stored on Your Device with which You use our website.
1.7. Device – Your computer, phone, tablet or other telecommunication terminal equipment, through which You connect and get access to the website, system or application of sportbm sp. z o.o.
2. Processing of Personal Data.
sportbm sp. z o.o. will process Your Personal Data in accordance with the rules explained in items 2.1-2.10 below, in which You will also find all the information to be provided under the provisions of the GDPR, and in particular by art. 13 GDPR.
2.1. Who is the controller of Your Personal Data?
The controller of Your Personal Data is sportbm spółka z ograniczoną odpowiedzialnością with its registered office in Sopot, ul. Powstańców Warszawy 19, registered in the register of entrepreneurs of National Court Register District Court Gdańsk- North in Gdańsk, 8th Division of the National Court Register, KRS (CRN) no. 0000911429, NIP (TIN): 5851494341, with share capital of 800.000,00 PLN.
2.2. How to contact the controller?
The processing of personal data of all our clients, including Your Personal Data, is supervised by a data protection officer appointed by us. You can contact him:
a) by sending an e-mail to the following address: gdpr@sportbm.com,
b) or by sending a written message to the following address: sportbm sp. z o.o., ul. Powstańców Warszawy 19, 81-718 Sopot, with an annotation: personal data protection.
2.3. When does sportbm sp. z o.o. process Your Personal Data?
sportbm sp. z o.o. processes Your Personal Data:
a) when You use the services provided by sportbm sp. z o.o. through our websites, IT systems or applications;
b) when You communicate with us by e-mail;
c) when You contact sportbm sp. z o.o. about a matter or report a complaint;
d) when sportbm sp. z o.o. sends You marketing information on the basis and within the limits of Your consent;
e) sportbm sp. z o.o. may also process Your Personal Data when they are lawfully made available to us or entrusted by another controller of Your Personal Data.
2.4. Which of Your Personal Data are processed by sportbm sp. z o.o.?
sportbm sp. z o.o. processes the following of Your Personal Data:
a) that You have made available to us, e.g. by filling in a form or registering on our website, IT system or application, i.e.:
- Your name and surname,
- e-mail address, which is also a login to the sportbm Platform,
- mobile phone number,
- password – which is also the password to access the sportbm Platform;
- name and surname of the Player (Your child) - in the case of creating a Player Profile;
- personal identification number PESEL of the Player (Your child) or date of birth, in the case of a person without a PESEL number;
- Player’s (Your child's) e-mail address - optional.
b) entered by the Academy or provided to us by the device that You use while using our services, websites, information systems or applications through Cookies;
c) that have been lawfully shared with us or entrusted to us by other controllers of Your Personal Data. In accordance with the provisions of the GDPR obliging sportbm sp. z o.o. to minimize the processed personal data, we make sure that we process only that of Your Personal Data which are adequate, relevant and necessary for the purposes for which they are collected and processed.
2.5. For what purpose and on what legal basis sportbm sp. z o.o. processes Your Personal Data?
sportbm sp. z o.o. processes Your Personal Data (or the data of the Player whose guardian is You) for the following purposes:
a) If You use services provided through our websites, IT systems or applications and You conclude with sportbm sp. z o.o. a contract by accepting the regulations for the provision of these services, we process Your Personal Data in order to take action at Your request before concluding this contract or to perform this contract (for the use of the sportbm Platform), including to handle Your complaints – Art. 6, (1) b) and c) GDPR.
b) sportbm sp. z o.o. processes Your Personal Data when it is necessary for us to fulfil our obligations under the law, including regarding the transfer of personal data to authorized state authorities or law enforcement authorities; or relating to the obligation to collect or store certain personal data for a specified period of time, resulting e.g. from tax laws, the Accounting Act, the Act on counteracting money laundering and terrorist financing; the Act on out-of-court settlement of consumer disputes or the Telecommunications Law – Art. 6 (1) c) GDPR.
c) sportbm sp. z o.o. may process Your Personal Data also for other purposes resulting from the legitimate interests of the controller – Art. 6 (1) f) GDPR , including for the purpose of:
‒ determining, investigating and defending any claims of sportbm sp. z o.o. related to the services we provide or our business;
‒ monitoring, deterring and detecting possible fraud or abuse committed through the services we provide or through our websites, IT systems or applications;
‒ direct marketing of the products or services of sportbm sp. z o.o., thanks to which we can inform You about our offers or provide You with other commercial information;
‒ monitoring Your activity on our websites, IT systems or applications, including using cookies or other tools we use;
d) If You provide sportbm sp. z o.o. such consent, we will be able to process Your Personal Data in order to contact You by phone or send You information about our offers or our other commercial information to Your e-mail address or to Your mobile phone - Art. 6 (1a) GDPR.
e) If You are interested in offers or other commercial information regarding our business partners, and You agree to receive such information, we will be able to process Your Personal Data in order to send You such information on behalf of our partners or share Your Personal Data with our partners so that they can send You such information themselves - Art. 6 (1a) GDPR.
f) If we want to process Your Personal Data for a purpose other than the one for which we have collected it and about which we have informed You in advance, we will inform You about our intention before doing so and ask for Your consent if it is required by law.
2.6. With whom will sportbm sp. z o.o. share Your Personal Data?
As a rule, sportbm sp. z o.o. does not share Your Personal Data with third parties or persons. But there may be exceptions to this rule in the following cases:
a) when You voluntarily consent to such disclosure of Your Personal Data; You can revoke such consent at any time;
b) when such disclosure of Your Personal Data is necessary in order to provide the service You ordered - in this case, the recipients of Your Personal Data may be e.g.:
‒ telecommunications operator – in relation to Your Personal Data necessary to provide a telecommunications service (e.g. Your mobile number necessary to send SMS messages);
‒ a bank or other payment service provider - in terms of Your Personal Data necessary to complete the transaction or payment service.
In special cases, Your Personal Data may be made available by us at the request of entities authorized to do so on the basis of generally applicable provisions of law, e.g. authorized state authorities or law enforcement agencies. We guarantee that each such request for disclosure of Your Personal Data is carefully examined by us, and the transfer of Your Personal Data takes place only if, as a result of this analysis, we find that there is a valid and effective legal basis for requesting disclosure of Your Personal Data to these entities.
Please also note that sportbm sp. z o.o. may use the help of external entities in the implementation of certain tasks or services, e.g. destroying documents, marketing services, handling payment transactions, providing telecommunications services. In this case, and only for a specific purpose, we may commission entities that are our subcontractors with the processing of Your Personal Data, while still being the controller of Your Personal Data and being responsible for their security.
2.7. How long will sportbm sp. z o.o. process Your Personal Data?
sportbm sp. z o.o. will process Your Personal Data no longer than necessary. For individual cases of processing Personal Data, the time of their processing may be:
a) if sportbm sp. z o.o. processes Your Personal Data on the basis of a contract concluded with You, the processing of Your Personal Data will continue as long as the contract is in force and for the period of limitation of any claims that may arise in connection with this contract.
b) if You have consented to the processing of Your Personal Data by sportbm sp. z o.o. for a specific purpose - we will process Your Personal Data until You withdraw Your consent.
c) if sportbm sp. z o.o. processes Your Personal Data as part of the legitimate interest of the controller - we will process Your Personal Data as long as it is necessary to pursue our legitimate interests. In special cases, when we process Your Personal Data for direct marketing purposes, including profiling, we will process them until You object to such processing.
d) if sportbm sp. z o.o. processes Your Personal Data in order to meet the obligations arising from applicable law - we will process Your Personal Data as long as it is required by these provisions of law.
2.8. Is it necessary to provide sportbm sp. z o.o. with Your Personal Data?
As a rule, You are not required to provide sportbm sp. z o.o. with Your Personal Data and the possible provision of Your Personal Data is always voluntary. However, some of Your Personal Data may be necessary to conclude a contract between You and sportbm sp. z o.o. to enable us to properly provide services for You, or to comply with legal requirements that we must comply with. In other words, if in certain cases You do not provide us with Your Personal Data, we will not be able to provide services for You.
3. Personal Data Protection and Security.
3.1. sportbm sp. z o.o. cares for the security of Your Personal Data through the use of appropriate technical and organizational security measures that ensure, in particular, confidentiality, protection against unauthorized or unlawful processing and accidental loss, destruction or damage to Your Personal Data.
3.2. sportbm sp. z o.o. declares that to protect the processing of Personal Data, it uses properly secured IT systems, applies up-to-date and proven technologies and appropriate security procedures, in accordance with applicable legal standards, security requirements and confidentiality rules.
3.3. The basic measure for the protection of Personal Data is the use of secure connections (e.g. SSL protocols), data encryption and the use of other technical, programming or organizational solutions (e.g. control and limitation of access to Personal Data).
3.4. Moreover, sportbm sp. z o.o. ensures that Your Personal Data is processed only by authorized persons and entities.
4. Your rights related to the processing of Your Personal Data.
In connection with our processing of Your Personal Data, sportbm sp. z o.o. has obligations towards You that You have the right to enforce. Your rights are presented below.
However, please be advised that if You exercise certain rights, including the right to withdraw consent, the right to delete Personal Data, the right to limit processing, the right to object or the right not to be subject to automated decision making; it is possible that sportbm sp. z o.o. will not be able to provide You with some services (in whole or in part), the provision of which requires the processing of certain Personal Data.
4.1. Right to withdraw consent.
At any time You may withdraw consent, on the basis of which sportbm sp. z o.o. processes Your personal data. Withdrawal of consent does not affect the lawfulness of the processing we have made on the basis of consent before its withdrawal.
4.2. Right to access Personal Data.
You have the right to obtain information from us whether we process Your Personal Data, for what purpose we process it, what categories of Your data we have, who the recipients or what categories of recipients of Your Personal Data are and what the planned period of storage of Your Personal Data is (and if it is not possible to determine, the criteria for determining this period). You have the right to request from sportbm sp. z o.o. and upon Your request, we will provide You with a copy of Your Personal Data subject to processing. We are entitled to charge a reasonable fee based on administrative costs for any subsequent copies You request. Requests for a copy of Your Personal Data processed by us should be sent by e-mail to the e-mail address of the Data Protection Officer: gdpr@sportbm.com.
4.3. Right to rectify Personal Data.
You have the right to request us to correct Your Personal Data that is incorrect or to complete incomplete Personal Data.
4.4. Right to delete Personal Data.
You have the right to request the deletion of Your Personal Data processed by us. Your request will be fulfilled by us immediately, unless we are required by law to further process Your data, there is a legal obligation that we must fulfil, or if Your Personal Data is necessary for us to establish, assert or defend claims. We will delete Your Personal Data at Your request when:
a) Your Personal Data are no longer necessary for the purposes for which they were collected or otherwise processed; or
b) you have withdrawn Your consent to the processing of Your Personal Data if we processed it only on the basis of Your consent and there is no other legal basis authorizing us to further process Your Personal Data; or
c) you have objected to the processing of Your Personal Data as part of the legitimate interest of the controller and there is no other legal basis authorizing us to further process Your Personal Data; or
d) Your Personal Data has been unlawfully processed by us; or
e) Your Personal Data must be removed due to a legal obligation.
4.5. Right to limit the processing of Personal Data.
You have the right to request the restriction of the processing of Your Personal Data by us in the following cases:
a) when You report to us that Your Personal Data processed by us is incorrect - the limitation is for a period that allows us to verify the accuracy of Your Personal Data;
b) when we have no legal basis to process Your Personal Data, and You object to their definitive deletion and, in return, request the restriction of their processing;
c) when we no longer need Your Personal Data for the purposes for which we have collected it, but You need it to establish, assert or defend claims;
d) when You have objected to the processing of Your Personal Data - the restriction takes place until we determine whether there is a legitimate legal basis on our side, superior to Your objection, allowing us to further process Your Personal Data.
When required by You to restrict the processing of Your personal data, sportbm sp. z o.o. will only be able to store Your Personal Data and will not be able to process it in any other way, unless You give Your consent, or it is necessary to establish, assert or defend claims, or to protect the rights of another natural or legal person.
4.6. Right to data portability.
You have the right to request sportbm sp. z o.o. to transfers Your Personal Data that You have provided us with back to You in a machine-readable format and to transfer this data to another controller. The right to data portability applies to the Personal Data processed in an automated manner, which sportbm sp. z o.o. processes on the basis of Your consent or a contract concluded with You.
4.7. Right to object.
You have the right to object to the processing of Your Personal Data by sportbm sp. z o.o. as part of the legitimate interest of the controller. We will immediately cease such processing, unless there is a valid legally justified basis for further processing of Your Personal Data by us, superior to the objection made, or the basis for establishing, investigating or defending claims. sportbm sp. z o.o. will always give due consideration to Your objection in relation to our processing of Your Personal Data for the purposes of direct marketing, including profiling, to the extent that such processing is related to direct marketing. In this case, after receiving the objection, sportbm sp. z o.o. will cease to process Your Personal Data for direct marketing purposes.
4.8. Right not to be subject to automated decision making.
You have the right not to be subjected to the process of decision-making run by sportbm sp. z o.o., which is based solely on automated processing, including profiling, and produces legal effects to You or significantly affects You in a similar way. However, sportbm sp. z o.o. may use an automated decision-making process, including profiling, when such a decision is:
a) necessary to conclude or perform a contract concluded with You; or
b) allowed on the basis of separate legal provisions; or
c) made on the basis of Your express consent.
If You are subjected to automated decision-making process, including profiling, You have the right to demand from sportbm sp. z o.o. the intervention of our employee, who will additionally verify Your situation and the decision made; in addition, You can tell us Your opinion or challenge the decision made.
4.9. Right to lodge a complaint with a supervisory authority.
If You decide that sportbm sp. z o.o., has violated Your rights or the provisions of the GDPR while processing Your Personal Data, You have the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.
5. Unsolicited commercial information.
5.1. sportbm sp. z o.o. will not send You unsolicited commercial information by electronic means.
5.2. Your personal data may be used by sportbm sp. z o.o. in order to send You our commercial information or commercial information from our business partners by electronic means only if You give us appropriate consent. You will also be able to revoke such consent at any time.
5.3. In particular sportbm sp. z o.o. complies with the legal requirements regarding the possibility of sending You commercial information only on the basis of Your consent:
5.3.1. by electronic means – in accordance with the provisions of the Act of July 18th, 2002 on the provision of electronic services;
5.3.2. to Your Device – in accordance with the provisions of the Telecommunications Act of July 16th, 2014.
6. Cookies.
6.1. sportbm sp. z o.o. informs that when You use our websites, information systems or applications it can use cookie files or similar technologies to send information (collectively referred to as cookies) on Your device that You use when You use our online services, information systems or applications, store this information on Your Device and access this information. Thanks to the use of cookies, in particular, we can adapt websites to Your individual preferences, to profile and monitor Your activity on our websites.
6.2. Cookies used by sportbm sp. z o.o.:
6.2.1. are safe for Your Device, in particular they are not viruses or other unwanted software;
6.2.2. in no case do they allow the download of any Personal Data or confidential information from Your Device, but they only allow access to specific information sent by us and stored on Your Device (Cookies);
6.2.3. they contain the name of the domain they come from, their storage time on the device and the assigned value;
6.2.4. they do not change the configuration of Your Device or the software installed on Your Device.
6.3. sportbm sp. z o.o. uses various types of Cookies, which differ in type and durability. These files can be divided according to the time they are stored on Your Device:
6.3.1. Session cookies: they are stored on Your Device and remain there until the end of the session of a specific software (in particular a web browser), and then the saved information is permanently deleted from the memory of Your Device;
6.3.2. Persistent cookies: they are stored on Your Device and remain there until they are deleted or expire - the end of a specific software session (in particular a web browser) or turning off the Device does not delete them from Your Device.
6.4. Due to the origin of the files, cookies used by sportbm sp. z o.o. can be divided into:
6.4.1. Own cookies: placed on websites, information systems or applications of sportbm sp. z o.o. directly by us;
6.4.2. External cookies: placed on websites, information systems or applications of sportbm sp. z o.o. by external entities whose components (software) were triggered by us (e.g. Google Analytics, Gemius SA, Crazy Egg).
6.5. sportbm sp. z o.o. uses cookies e.g. for the following purposes:
6.5.1. to configure our websites, IT systems or applications, including adapting their content or functionality to Your preferences and optimizing their operation;
6.5.2. to authenticate You on our website, IT system or application and maintain Your session after logging in, thanks to which, for example, You will not have to re-enter Your login and password on each subpage of our website;
6.5.3. to create anonymous statistics that allow us to analyze how users use our website, IT system or application, which allows us to improve their structure and content;
6.5.4. to obtain information about the source from which You came to our website (e.g. an advertising banner displayed on a third party website, Google AdWords);
6.5.5. to adapt advertisements and our services presented through our website, IT system or applications;
6.5.6. to ensure the security and reliability of our website, IT system or application.
6.6. Permission for sportbm sp. z o.o. to use Cookies.
6.6.1. sportbm sp. z o.o. may send Cookies to Your Device, save and store them on Your Device and access them only if You give Your prior consent to such action.
6.6.2. If storing information on Your Device (Cookies) or accessing them is necessary to provide the services requested by You or telecommunications services provided by electronic means, Your consent to the use of Cookies by sportbm sp. z o.o. is not required.
6.6.3. You may agree to the use of Cookies by sportbm sp. z o.o. by means of the settings of software devices used by You to use our website, system or application, e.g. the settings of Your web browser.
6.6.4. You may choose not to consent to the use of Cookies by sportbm sp. z o.o. or withdraw previously expressed consent at any time by changing the settings of software devices by means of which You use our website, system or application, e.g. by changing the settings of Your web browser (detailed instructions on how to disable Cookies are available in the settings of individual web browsers).
6.6.5. In many cases, software enabling the use of websites (e.g. web browsers) allows the handling and storage of Cookies on Your Device by default. Therefore, we recommend that You check the settings of the software You are using and, if necessary, make appropriate changes to these settings, in accordance with Your privacy preferences. In particular, You have the option to change the settings of this software in such a way as to block the automatic handling of cookies.
6.6.6. If You agree that the software settings You use enable cookies, it will be tantamount to granting permission for sportbm sp. z o.o. to use cookies on our website to the extent specified in this Privacy Policy, within the meaning of art. 173 sec. 2 of the Act of July 16th, 2004, Telecommunications Law. In this case sportbm sp. z o.o. will be authorized to use Cookies or similar technologies to send Cookies to Your Device, save and store them on Your Device and access them.
6.6.7. However, sportbm sp. z o.o. informs that disabling cookies may cause difficulties in using some of the functionalities of our websites, IT systems or applications.
6.7. Permission for sportbm sp. z o.o. to install and use software for the provision of telecommunications services or services provided electronically.
While providing telecommunications services or electronically provided services, sportbm sp. z o.o. may also install software on Your Device that enables the use of these services or use this software, but only on condition that You consent to the installation and use of the software before installing it.
Before installing this software on Your Device, we will inform You about the purpose of the software, how we use this software and how You can remove this software from Your Device.