LEGAL NOTICE
1) IDENTIFICATION.
This legal notice governs the use of the website GYM-FIT.ES (hereinafter, THE WEBSITE), owned by
ZENCOLINE S.L (hereinafter, THE WEBSITE OWNER).
THE WEBSITE OWNER, in compliance with Spanish Law 34/2002 of 11 July on information society services
and electronic commerce, informs you that:
• Its corporate name is: ZENCOLINE S.L
• Its trade name is: GYM-FIT
• Its Tax ID (CIF) is: B72587066
• Its registered office is located at: AVENIDA JOSÉ ANTONIO TAVIO, NUM 4, ARONA, (SANTA CRUZ
DE TENERIFE), postcode 38630.
• It is registered with the Commercial Registry of: SANTA CRUZ DE TENERIFE, VOLUME 3816, PAGE
76, SHEET TF-68757
To contact us, we make available to you the following means of contact:
• Telephone: 683.60.10.36
• Email: INFO@GYM-FIT.ES
All notifications and communications between users and THE WEBSITE OWNER shall be deemed effective, for
all purposes, when made by post or by any other of the means detailed above.
2) USERS.
Access to and/or use of this portal of THE WEBSITE OWNER, creator of the site, confers the status of USER,
who accepts, from such access and/or use, the General Terms of Use set out herein. These Terms shall apply
regardless of any General Contracting Terms that may be mandatory in a given case.
3) USE OF THE PORTAL.
The website and its services are freely and openly accessible; however, THE WEBSITE OWNER makes the use
of some of the services offered on its website conditional on the prior completion of the corresponding form, in
order to become a user of the portal.
The user guarantees the authenticity and currency of all data communicated to THE WEBSITE OWNER and
shall be solely responsible for any false or inaccurate statements made.
The user expressly undertakes to make appropriate use of the content and services of THE WEBSITE OWNER
and not to use them, among other things, to:
a. Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, that promotes
terrorism or that is, in general, contrary to law or public order.
b. Introduce computer viruses onto the network, or carry out actions likely to alter, damage, interrupt or
cause errors or damage to the electronic documents, data or physical and logical systems of THE
WEBSITE OWNER or third parties; or hinder other users’ access to the website and its services through
the massive consumption of the computing resources through which THE WEBSITE OWNER provides its
services.
c. Attempt to access other users’ email accounts or restricted areas of the computer systems of THE
WEBSITE OWNER or third parties and, where applicable, extract information.
d. Infringe intellectual or industrial property rights, or breach the confidentiality of information belonging to
THE WEBSITE OWNER or third parties.
e. Impersonate another user, public administrations or a third party.
f. Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the
content, unless authorised by the holder of the corresponding rights or unless this is legally permitted.
g. Collect data for advertising purposes and send advertising of any kind and communications for sales or
other commercial purposes without a prior request or consent.
4) PRIVACY POLICY.
THE WEBSITE OWNER wishes to inform users and customers of its website of the policy followed with respect
to the processing and protection of personal data of those persons who voluntarily use the contact forms to
contact THE WEBSITE OWNER, as well as those who access its own website in a way that involves
communicating their personal data to THE WEBSITE OWNER.
A.- Identification of the data controller.
THE WEBSITE OWNER, with Tax ID (CIF) B72587066, informs the user and customer of its website of the
existence of an automated register of processing activities relating to personal data called CUSTOMERS, in
which the personal data communicated by the user and customer are collected and stored in order to handle
their request.
B.- Updating of the policies.
THE WEBSITE OWNER will amend this privacy policy, without prior notice, whenever necessary to adapt it to
any legislative, regulatory, case-law or administrative change, or in order to adapt this policy to instructions
issued by the Data Protection Agency, or for any other legitimate purpose of modifying this policy;
notwithstanding the foregoing, it will be published and notified on THE WEBSITE OWNER’s website.
For all of the above, THE WEBSITE OWNER recommends that users periodically read these policies in order to
be aware of any changes made to them.
C.- Purpose of the register of processing activities.
THE WEBSITE OWNER does not request data from internet users visiting its website, except purely identifying
data; therefore, the communication of personal data by the user to THE WEBSITE OWNER through its website
can only be understood to take place when users voluntarily use the contact form service or other means of
communication to contact THE WEBSITE OWNER, given that in these cases the processing of the data is
unavoidable and implicit in the communication system. For these cases and those described in the following
section, the company informs the customer that data processing is carried out for the following purposes: To
carry out all procedures related to the preparation of quotes, contracting and provision of THE WEBSITE
OWNER’s services, to the company to which the user belongs or, where applicable, to the interested party
requesting them. As well as to handle and respond to communications received and to those relating to
commercial prospecting in order to keep users informed of any promotions.
D.- Consent.
Users are informed that, where the user does not maintain a business relationship with THE WEBSITE OWNER
and sends an email or a communication to THE WEBSITE OWNER indicating other personal data, such user
will be giving their free, unambiguous, specific, informed and express consent to the processing of their personal
data by THE WEBSITE OWNER, for the purposes set out above, as well as to handle their communication or
send documentation.
To the same effect, THE WEBSITE OWNER informs that, if the customer sends an email or communicates their
personal data to THE WEBSITE OWNER by reason of their position within a company, whether as director,
manager, representative and/or any other position as a contact person at the company, such communication
shall be understood to entail the giving of their free, unambiguous, specific, informed and express consent to the
processing of their personal data by THE WEBSITE OWNER, for the purposes set out above.
E.- Identification of recipients to whom THE WEBSITE OWNER envisages disclosing data orgranting access to data on behalf of third parties.
THE WEBSITE OWNER only envisages disclosing or communicating data as required by Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018 of 5
December on the Protection of Personal Data and the guarantee of digital rights (hereinafter GDPR) in order to
fulfil its obligations to public administrations, bodies or persons directly related to THE WEBSITE OWNER, in
cases where this is required under the legislation in force on the relevant matter at any given time, or in cases
where the user has expressly consented.
THE WEBSITE OWNER also informs the user that any other data disclosure it may need to make will be
brought to the user’s attention where required by the GDPR, informing them expressly, precisely and
unambiguously of the recipients of the information, the purpose for which the data will be used, and the nature of
the data disclosed, or, where the GDPR so requires, the user’s unambiguous, specific and informed consent will
be requested beforehand.
Notwithstanding the above, THE WEBSITE OWNER informs the user and customer that any processing of
personal data is subject to the legislation in force in Spain on data protection, established by the GDPR and its
supplementary and implementing regulations. In this regard, THE WEBSITE OWNER is solely responsible for,
and guarantees, the confidentiality of the personal data it requests from the user through the website.
F.- Data quality.
THE WEBSITE OWNER warns the user that, except where there is a legally constituted representation, no user
may use another person’s identity and communicate their personal data; the user must therefore bear in mind at
all times that they may only include personal data corresponding to their own identity that is adequate, relevant,
current, accurate and truthful. To this end, the user shall be solely liable for any direct and/or indirect damage
caused to third parties or to THE WEBSITE OWNER through the use of another person’s personal data, or their
own personal data when false, erroneous, outdated, inadequate or irrelevant. Likewise, a user who uses a third
party’s personal data shall be liable to that third party for the information obligation established in the GDPR
where the personal data has not been collected from the data subject themselves, and/or for the consequences
of not having informed them.
G.- Exercise of the rights of access, rectification, restriction of processing, portability, erasure, objection to processing and deletion of data.
THE WEBSITE OWNER informs the user of the possibility of exercising their rights of access, rectification,
restriction of processing, portability, objection to processing and deletion of their data, as well as the right to
lodge a complaint with the Supervisory Authority, by means of a written request addressed to THE WEBSITE
OWNER at the following address: AVENIDA JOSÉ ANTONIO TAVIO, NUM 4, or by email to
INFO@GYM-FIT.ES, enclosing in both cases a copy of their ID card.
H.- Use of forms for collecting personal data.
In the contact forms on the website where personal data is collected, the user must expressly consent, prior to
sending them, to the acceptance and awareness of the privacy policy by ticking the box “I have read and accept
the privacy policy”, the content of which can be accessed via the attached link provided in this legal notice. If the
checkbox is not ticked by the user, the data contained in such forms will not be sent.
I.- Security measures adopted in relation to the processing of personal data.
THE WEBSITE OWNER informs the user that, in accordance with the provisions of the GDPR, it has adopted
the technical and organisational measures necessary to guarantee the security of personal data and prevent its
alteration, loss, unauthorised processing or access, taking into account the state of the art, the nature of the
data stored and the risks to which it is exposed. THE WEBSITE OWNER also guarantees the user compliance
with the duty of professional secrecy regarding users’ personal data and the duty to keep it safe.
J.- Further information on the privacy policy.
If you would like further information about our privacy policy, you can click on the following link on our website
(insert link to the second-layer privacy policy provided to you).
5) INTELLECTUAL AND INDUSTRIAL PROPERTY.
Under the legislation in force governing intellectual property, the reproduction, distribution and public
communication, including making available, of all or part of the content, such as texts, photographs, graphics,
images, icons, technology, software, as well as its graphic design and source code, of this website, for
commercial purposes, on any medium and by any technical means, is expressly prohibited without the
authorisation of THE WEBSITE OWNER. All the content on the website constitutes a work owned by THE
WEBSITE OWNER, and none of the exploitation rights over it shall be deemed to be transferred to the user,
beyond what is strictly necessary for proper use of the website.
In short, users who access this website may view the content and, where applicable, make authorised private
copies, provided that the reproduced elements are not subsequently transferred to third parties, installed on
servers connected to networks, or subject to any type of commercial exploitation.
Likewise, all trademarks, trade names or distinctive signs of any kind appearing on the website are the property
of THE WEBSITE OWNER, and the use of or access to it shall not be understood as granting the user any rights
over them.
The establishment of a hyperlink does not in any case imply the existence of a relationship between THE
WEBSITE OWNER and the owner of the website on which it is established, nor the acceptance or approval by
THE WEBSITE OWNER of its content or services. Persons wishing to establish a hyperlink must first request
written authorisation from THE WEBSITE OWNER. In any event, the hyperlink shall only allow access to the
home page of our website, and must refrain from making false, inaccurate or incorrect statements or indications
about THE WEBSITE OWNER, or from including unlawful content contrary to accepted standards of behaviour
and public order. THE WEBSITE OWNER is not responsible for the use each user makes of the materials made
available on this website, nor for any actions carried out on the basis thereof.
6) EXCLUSION OF WARRANTIES AND LIABILITY.
The content of this website is general in nature and is intended purely for information purposes, without fully
guaranteeing access to all content, nor its completeness, accuracy, currency or timeliness, nor its suitability or
usefulness for a specific purpose.
To the extent permitted by law, THE WEBSITE OWNER excludes any liability for damages of any kind arising
from:
a. The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or
timeliness of the content, as well as the existence of defects of any kind in the content transmitted,
disseminated, stored or made available through the website or the services offered.
b. The presence of viruses or other elements in the content that may cause alterations to users’ computer
systems, electronic documents or data.
c. Failure to comply with the law, good faith, public order, trade practices and this legal notice as a result
of improper use of the website. In particular, and by way of example, THE WEBSITE OWNER is not liable
for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, rights
to honour, personal and family privacy and one’s own image, or regulations on unfair competition and
unlawful advertising.
7) MODIFICATION OF THESE TERMS AND DURATION.
THE WEBSITE OWNER may modify the terms set out herein at any time, and they will be duly published as
they appear here. The validity of these terms shall depend on their publication and shall remain in force until
amended by others duly published.
8) LINKS.
THE WEBSITE OWNER disclaims any liability regarding information located outside this website and not
managed directly by our webmaster. The function of the links appearing on this website is solely to inform the
user of the existence of other sources capable of expanding the content offered by this website. THE WEBSITE
OWNER does not guarantee and is not responsible for the operation or accessibility of the linked sites, nor does
it suggest, invite or recommend visiting them, and therefore shall not be liable for any results obtained. THE
WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.
9) RIGHT OF EXCLUSION.
THE WEBSITE OWNER reserves the right to deny or withdraw access to the portal and/or the services offered,
without prior notice, on its own initiative or at the request of a third party, to those users who fail to comply with
these General Terms of Use of the Portal.
10) GENERAL PROVISIONS.
Should any user or third party consider that there are facts or circumstances revealing the unlawful nature of the
use of any content and/or the carrying out of any activity on the web pages included in or accessible through the
website, they must send a notification to THE WEBSITE OWNER, duly identifying themselves, specifying the
alleged infringements and expressly declaring, on their own responsibility, that the information provided in the
notification is accurate.
11) PUBLICATIONS.
The administrative information provided through the website does not replace the legal publicity of laws,
regulations, plans, general provisions and acts that must be formally published in the official gazettes of the
public administrations, which constitute the only instrument attesting to their authenticity and content. The
information available on this website should be understood as a guide.
12) APPLICABLE LAW AND JURISDICTION.
These terms shall be governed and interpreted in accordance with Spanish law in respect of anything not expressly provided for herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these Terms to the Courts of the user’s place of residence.
Should the user be domiciled outside Spain, the provider and the user expressly waive any other jurisdiction and
submit to the Courts of the place of domicile of THE WEBSITE OWNER.