Privacy Policy

III. TERMS AND DEFINITIONS

Personal Data – any information relating to an identified or identifiable natural person (data subject). An identifiable person is someone who can be directly or indirectly identified by an identification number or by one or more elements characteristic of their physical, physiological, psychological, economic, cultural, or social identity.

Special Categories of Personal Data – data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health or sex life, as well as data related to criminal convictions, the application of criminal measures or fines for law violations.

Processing of Personal Data – any operation or set of operations performed on personal data, whether by automated means or not, including collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, blocking, erasure, or destruction.

Personal Data Filing System – any structured set of personal data accessible according to specific criteria, whether centralized, decentralized, or distributed on a functional or geographical basis.

Client – an individual who uses the services of the Company or has used the services of the Company in the past, including their representative.

Operator – a natural or legal person, public or private, including a government agency, institution, or organization, who independently or jointly with others determines the purposes and means of processing personal data as prescribed by the current legislation.

Authorized Person of the Operator – a natural or legal person, public or private, including a government agency and its territorial subdivisions, who processes personal data on behalf of and under the instructions of the Operator.

Third Party – a natural or legal person, government authority, or institution, other than the data subject, the Operator, or the authorized person, which, based on the Operator’s or authorized person’s direct authority, is authorized to process personal data.

Biometric Data – personal data obtained through specific processing methods related to the physical, physiological, or behavioral characteristics of a natural person, which allows or confirms their unique identification, such as facial images or fingerprints.

Recipient – any natural or legal person, public or private, including government authorities and their territorial subdivisions, to whom personal data is disclosed, regardless of whether they are a third party. Authorities responsible for national defense, state security, and public order, as well as criminal investigation agencies and courts, to whom personal data is communicated in the exercise of their legally established powers, are not considered recipients.

Consent of the Data Subject – any freely given, specific, informed, and unambiguous expression of the data subject’s wishes in the form of a written or electronic document, by which the data subject agrees to the processing of their personal data.

Data Subject – a natural person whose personal data is processed.

Anonymization of Data – the alteration of personal data in such a way that information about personal or material circumstances can no longer be attributed to an identified or identifiable natural person, or can only be attributed through disproportionate time, resources, and effort.

Convention No. 108 of 1981 of the Council of Europe for the Protection of Individuals with regard to Automatic Processing of Personal Data – the first international document with binding legal force adopted in the field of data protection. Its purpose is to guarantee the protection of fundamental rights and freedoms of all individuals, in particular the right to respect for private life, with regard to the automatic processing of personal data.

VII. SUBJECTS OF PERSONAL DATA

The processing of personal data in S.C. FITNESS POINT S.R.L. is aimed at the following individuals:

• Physical persons using the services provided by S.C. FITNESS POINT S.R.L., including “Guest Visits,” clients, and their representatives.
• Physical persons who have used the services of S.C. FITNESS POINT S.R.L. (after terminating contractual relations with S.C. FITNESS POINT S.R.L.).
• Visitors of the sports club “FITPOINT” (where video surveillance cameras are installed).
• Visitors of the official website of S.C. FITNESS POINT S.R.L. – www.fitpoint.com.
• Physical persons appointed by the contractor of S.C. FITNESS POINT S.R.L.
• Employees of S.C. FITNESS POINT S.R.L. and individuals applying for work at S.C. FITNESS POINT S.R.L. with their consent.

Informing the subjects of personal data about the purpose and conditions of personal data processing is provided by publishing this Policy on the official website www.fitpoint.com, posting the Policy on information boards in the premises of the Sports Club, through strict notifications in forms presented to the interested parties within the framework of services provided by S.C. FITNESS POINT S.R.L. (requests/contracts/questionnaires/applications), as well as through other communication means established within the Company.

VIII. RECIPIENTS OF PERSONAL DATA

S.C. FITNESS POINT S.R.L. may disclose your personal data in connection with the processing purposes listed in Chapter V of this Policy to the following persons/organizations:

• Company employees, representatives, contractors, and third parties – S.C. FITNESS POINT S.R.L. requires these entities to comply with applicable data protection laws and specific security requirements regarding the personal data of data subjects.
• Competent public and private authorities (judicial enforcement officers, insurance/reinsurance companies, banking institutions, etc.).
• Affiliated companies: personal data may be transferred to affiliated companies of S.C. FITNESS POINT S.R.L. for use in marketing (promoting the products/services of these companies).

IX. APPROXIMATE PERIOD OF PERSONAL DATA PROCESSING

To achieve the purposes stated in Chapter V of this Policy, S.C. FITNESS POINT S.R.L. will process your personal data from the moment you accept this Policy/contract with S.C. FITNESS POINT S.R.L./sign your consent, depending on the circumstances, for the entire duration of the contractual relationship, for the entire period of using the website www.fitpoint.com, and subsequently for a reasonable period that will not exceed the necessary duration to achieve the purposes for which the data was collected and subsequently processed, until you or your representative exercise your right to object/delete (except when S.C. FITNESS POINT S.R.L. processes the data based on legal obligation or legitimate interest).

Upon the expiration of the processing period, if you have not provided consent for another purpose or further processing, your personal data will be destroyed/deleted, depending on the storage medium. In cases of obligations expressly provided by law, this data may be kept as an archival document in accordance with the rules of the National Archives Agency.

X. PRINCIPLES OF PERSONAL DATA PROCESSING

The processing of personal data in S.C. FITNESS POINT S.R.L. is based on the following principles:

1. Lawfulness, fairness, and transparency: Personal data is processed in good faith and in accordance with the provisions of applicable legislation, fairly and transparently towards the data subject.
2. Purpose limitation: Personal data is collected for specific, explicit, and legitimate purposes and is not further processed in a manner incompatible with these purposes.
3. Data minimization: Personal data is adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.
4. Accuracy: Personal data is accurate and, where necessary, kept up to date; measures are taken to ensure the prompt erasure or rectification of inaccurate personal data, considering the purposes for which they are processed.
5. Storage limitation: Personal data is kept in a form that permits identification of data subjects for a period that does not exceed the time necessary for achieving the purposes for which the data was collected and subsequently processed. Data may be stored for longer periods for archiving purposes in the public interest, for scientific or historical research purposes, or for statistical purposes, with appropriate technical and organizational measures in place to safeguard the rights and freedoms of data subjects.
6. Integrity and confidentiality: Appropriate technical or organizational measures are implemented to ensure the proper security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.

S.C. FITNESS POINT S.R.L. ensures compliance with these principles in all aspects of the processing of personal data and takes necessary measures to protect the data and privacy of its customers, website visitors, employees, and other data subjects.

XI. MAIN CONDITIONS OF PERSONAL DATA PROCESSING, STORAGE, AND USAGE

Please note that the processing of personal data is carried out based on your consent expressed in this regard. In the case of incapacity or limited capacity of the data subject, consent to the processing of personal data is provided in writing by their legal representative.

During the course of its activities, including commercial/contractual activities, product procurement, service provision, and in the fulfillment of legal obligations, S.C. FITNESS POINT S.R.L. may request you to provide certain personal data.

If you wish to register on the official website www.fitpoint.md to receive services offered by S.C. FITNESS POINT S.R.L., to receive offers/publications, or for any other purposes, you will also need to provide us with your personal data. Your refusal in this regard may lead to the impossibility of providing the services offered by S.C. FITNESS POINT S.R.L. and/or achieving other data processing purposes.

S.C. FITNESS POINT S.R.L. will use the information you provide through www.fitpoint.md for processing your requests, while certain data is necessary for good communication between our company and you, as well as for sending you promotional offers, publications, and other related communications.

Your personal data may be processed manually, automatically, or in combination. While carrying out its activities through the website www.fitpoint.md or any other means, S.C. FITNESS POINT S.R.L. is committed to taking necessary organizational and technical measures to protect your personal data from destruction, alteration, blocking, copying, distribution, and other unlawful actions. These measures are intended to ensure the proper level of security in terms of the risks posed by the data processing and the nature of the data being processed.

The transfer of personal data to third parties is carried out only in cases explicitly allowed or provided for by applicable legislation. Your data may be disclosed to third parties in the following cases: to persons mentioned in chapter VIII of this Policy, as well as to supervisory, fiscal, and/or judicial authorities or other authorities authorized by law when the Company is obligated to provide such information in accordance with the applicable legislation.

When personal data is transferred to third parties, the recipient is informed of the need to process this data only for specific purposes, and in the case of suppliers and business partners of the Company, guarantees of the security of the transmitted data are requested (contractual clauses, confidentiality agreement, etc.).

We inform you that, for effective functioning of the platform and to achieve the aforementioned purposes, S.C. FITNESS POINT S.R.L. may use certain services from external or internal providers (“persons authorized by the Operator”) to whom we may transfer some of the personal data collected from you, including documents containing personal data, with a clear indication that we refer to authorized persons who offer sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the processing complies with the requirements of Law No. 133 of July 7, 2011, “On Personal Data Protection and the Guaranteeing of Your Rights.”

In this sense, S.C. FITNESS POINT S.R.L. guarantees that the processing of personal data by authorized persons of the Operator will be governed by a contract or other legal act, which, in particular, will ensure that the authorized person acts solely on the instructions of S.C. FITNESS POINT S.R.L. (except in cases where this person acts in accordance with a legal obligation) and is bound to the same extent as S.C. FITNESS POINT S.R.L. to take necessary organizational and technical measures to protect your personal data from destruction, alteration, blocking, copying, distribution, and other unlawful actions. Measures are taken to ensure an adequate level of security from the perspective of the risks posed by the processing and the nature of the data being processed.

If data processing is no longer required for the provision of a service, fulfillment of a legal obligation, or is not justified by the legitimate interest of S.C. FITNESS POINT S.R.L., you may refuse such processing or revoke your previously given consent (notifying the Operator at least one month before the planned withdrawal). In this case, the refusal will be effective in the future. Your consent to the processing of personal data may be revoked at any time. The withdrawal of consent cannot have retroactive effect.

XII. PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA

The processing of special categories of personal data, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life, etc., is prohibited according to the legislation, except in cases where the data subject has given their explicit consent or if processing is necessary to protect the vital interests of the data subject or another person, where the data subject is physically or legally incapable of giving consent, and in other cases provided by the applicable legislation.

Thus, by accepting this Policy and providing the Operator with your personal data related to your health, through standard forms, statements, etc., on paper, electronically, or by any other means, you explicitly consent to S.C. FITNESS POINT S.R.L. processing your personal data in accordance with the provisions of this Policy and the applicable legislation on personal data protection.

XII.I. PROCESSING OF PERSONAL DATA FOR ADVERTISING PURPOSES (MARKETING)

The personal data provided by you (such as name, email address, mobile phone number, etc.) may be processed by S.C. FITNESS POINT S.R.L., respecting your rights, for marketing purposes (including direct marketing): advertising, promotions, contests, transmission of general or personalized commercial offers, marketing research, distribution of newsletters about the activities/products/services of S.C. FITNESS POINT S.R.L. and its partners, including through electronic means of communication. The personal data provided by you may be used for advertising purposes (marketing, including direct marketing) for products or services of affiliated companies of S.C. FITNESS POINT S.R.L., respecting your rights.

Regardless of the situation, you have the right to object to the processing of your personal data for marketing purposes at any time and free of charge, using, if necessary, the unsubscribe function included in the relevant marketing messages or by sending an official notice to the Operator.

Thus, by accepting this Policy, you consent to the processing of your personal data by S.C. FITNESS POINT S.R.L. for advertising purposes (marketing, including direct marketing), by sending information and/or offers (including personalized offers) or other informational/advertising materials, sending newsletters about products, services, and activities of S.C. FITNESS POINT S.R.L. and/or its partners, as well as for conducting marketing research regarding products, services, and activities of S.C. FITNESS POINT S.R.L. and/or its partners, in accordance with the provisions of this Policy and the applicable legislation on personal data protection.

XII.II. PROCESSING OF PERSONAL DATA WITH IDENTIFICATION FUNCTION

The processing of the state identification number (IDNP) of an individual, fingerprints, or other personal data that serves an identification function of general nature (biometric data) may be carried out with the consent of the data subject or if the processing is explicitly provided for by law.

Thus, by accepting this Policy, you consent to the processing by S.C. FITNESS POINT S.R.L. of your personal biometric data for identification purposes, as well as the use by the Operator, at its discretion, of technical means and information technologies for processing biometric data, in accordance with the provisions of this Policy and the applicable legislation on the protection of personal data.

XIII. BASIS FOR PROCESSING PERSONAL DATA

The processing of personal data by S.C. FITNESS POINT S.R.L. is based on the following grounds:

• The conclusion/execution of contracts between the Company and the data subject or their representative.
• Consent of the data subject or their representative.
• Legal obligations of the Company.
• Legitimate interests of the Company and/or third parties.
• Necessity of processing data to perform a task in the public interest.

XIV. CASES WHERE CONSENT OF THE DATA SUBJECT IS NOT REQUIRED

According to the provisions of the applicable legislation, S.C. FITNESS POINT S.R.L., as the Operator, has the right to process your personal data without your consent in the following purposes/cases:

• Performance of a contract to which the data subject is a party or taking measures at the request of the data subject before concluding a contract.
• Fulfillment of obligations imposed on the operator by law.
• Protection of the life, physical integrity, or health of the data subject.
• Execution of tasks of public interest or exercising official authority vested in the operator or a third party to whom the personal data is disclosed.
• Pursuit of the legitimate interest of the Operator or a third party to whom the personal data is disclosed, provided that this interest does not infringe on the interests or fundamental rights and freedoms of the data subject.
• Statistical, historical, or scientific research purposes, provided that the personal data remains anonymous throughout the processing.

XV. RIGHTS OF DATA SUBJECTS

According to the provisions of Chapter III of Law No. 133 of July 7, 2011, on the protection of personal data, as a data subject, you have the following rights concerning S.C. FITNESS POINT S.R.L.:

1. Right to information: The Operator or an authorized person must provide you with specific information when collecting personal data directly from you, except when you already possess that information. If personal data is not collected directly from you, the Operator or an authorized person must provide you with information about the categories of data to be collected or disclosed, as well as any other necessary information, at the time of data collection or no later than the time of the first disclosure to a third party, except where provided by law.
2. Right of access to personal data: You have the right to obtain confirmation from S.C. FITNESS POINT S.R.L. whether your personal data is being processed or not, and to be provided with information about the processing specifics, such as the purpose, categories of processed personal data, recipients of the personal data, and the existence of the right to rectification, erasure, or restriction of processing.
3. Right to intervention in personal data: You have the right to obtain from the Operator or an authorized person, upon request and free of charge, the rectification, update, blocking, or deletion of your personal data that is processed in violation of the law, especially due to incomplete or inaccurate nature of the data.
4. Right to rectification of data: You can request S.C. FITNESS POINT S.R.L. to correct any inaccurate data about you or, depending on the circumstances, to complete incomplete data.
5. Right to erasure: You can request the erasure of your personal data when they are no longer necessary for the purposes for which they were collected and processed, you have withdrawn your consent, and S.C. FITNESS POINT S.R.L. can no longer process them on other grounds, your personal data is processed unlawfully, or your personal data must be erased according to the applicable law.
6. Right to withdraw consent: Your consent to the processing of personal data can be withdrawn at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
7. Right to object: You have the right to object, at any time and free of charge, based on legitimate and lawful reasons related to your particular situation, to the processing of your personal data, unless otherwise provided by law. If your objection is well-founded, the processing performed by the Operator can no longer concern your data. You also have the right to object to the processing of your data for commercial purposes (marketing).
8. Right not to be subject to automated decision-making: You have the right to request the cancellation, either in whole or in part, of any automated decisions that have legal consequences for your rights and freedoms, and that are based solely on automated processing of personal data intended to evaluate certain aspects of your personality, such as professional competence, reliability, behavior, and similar.
9. Access to justice: Any person who has suffered damage as a result of unlawful processing of personal data or whose rights and interests are guaranteed by Law No. 133 of July 8, 2011, on the protection of personal data, has the right to apply to a court for compensation for material and moral damage.
10. Right to file a complaint: You have the right to file a complaint with the National Center for Personal Data Protection of the Republic of Moldova (CNPDCP).
11. Other rights specified in the legislation of the Republic of Moldova, as well as in applicable international norms.

XVI. AUTOMATED DATA PROCESSING. COOKIE

The website www.fitpoint.md uses cookie identifiers. Details can be found on the Cookie Policy page.

XVII. PRECAUTIONARY MEASURES

S.C. FITNESS POINT S.R.L. has implemented security measures to protect your personal data from destruction, alteration, blocking, copying, distribution, and other unlawful actions, ensuring an appropriate level of security regarding the risks associated with processing and the nature of the processed data.

The employees of the Company ensure the confidentiality and security of the processing of personal data, complying with and enforcing the provisions of the regulatory acts in the field of data processing and security, including the internal procedures adopted within the Company.

While S.C. FITNESS POINT S.R.L. will make every effort to protect your personal data, we cannot guarantee the complete security of data transmitted to the website www.fitpoint.md. Any data transmission is at your own risk.

Please note that it is impossible to guarantee full security for data transmitted over the Internet. As a data subject, you are responsible for maintaining the confidentiality of your personal information, including the careful use of data used for your authentication on the official website www.fitpoint.com, whether used with or without your consent.

Once S.C. FITNESS POINT S.R.L. receives information about you, we will employ strict security procedures and measures to prevent unauthorized, unlawful use, destruction, accidental loss, or disclosure of your personal data.

XVIII. FINAL PROVISIONS

By accepting this Policy and using the website www.fitpoint.md, including accessing services offered by S.C. FITNESS POINT S.R.L., concluding agreements with S.C. FITNESS POINT S.R.L., filling out standard forms, applications, or providing any other messages containing personal data on paper or any other durable medium, including electronic format, and providing your personal data to the Operator, you acknowledge that you have been informed, agree with all the terms and rules of this Policy, and expressly consent to the processing of your personal data in accordance with the provisions of this Policy and the applicable data protection legislation.

By accepting this Policy, you confirm that you agree to and express your consent to receiving and using session access via USSD to the mobile phone number provided to the Operator within the framework of remote services provided by S.C. FITNESS POINT S.R.L. through the official website www.fitpoint.md/special applications, through authentication, confirmation, and authorization of actions/operations using a simple electronic signature, digital password (PIN), or biometric data (Touch ID or Face ID), depending on the circumstances.

In the context mentioned above, it is considered that your expressed Consent is freely given, unambiguous, and expressed with a full understanding of the consequences that may arise.

Please be aware that this Policy may undergo periodic changes/updates to continually improve it without prior notice. The latest version will always be available at the official web address www.fitpoint.com.