1. General information

The protection of your personal data is handled by SK SOFTWARE sp. z o.o. with its registered office in Wrocław, ul. Niemczańska 33/6 (50-561 Wrocław), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register, under KRS number 0000562470, share capital PLN 5,000, NIP (Tax ID): 9121876931, REGON: 361772763 (hereinafter “SK SOFTWARE”). We exercise due care to ensure that your personal data are processed in compliance with applicable laws.

2. How do we collect your personal data?

We collect your personal data through: data you voluntarily enter in forms available on websites owned by SK SOFTWARE or cookies stored in end-user devices.

We collect health data and physical activity parameters from wearable devices only after you voluntarily connect your account/device or grant the relevant permissions to an integration (e.g., via Apple Health, Google Fit, Garmin, Polar or equivalent systems) and—where required—after you provide separate consent for their processing.

3. How do we protect personal data?

We are committed to ensuring the security of the personal data we process. To this end, we design our services with your security in mind. We have implemented appropriate procedures, policies and safeguards. We conduct training on data protection, confidentiality and security. We regularly review the safeguards implemented to ensure their adequacy for the security of the personal data processed.

4. Do personal data leave the European Economic Area (EEA)?

SK SOFTWARE does not transfer personal data outside the EEA, but during the term of an agreement SK SOFTWARE may decide to transfer data outside the EEA—only to the extent permitted by law and after informing you in advance of the intention to transfer your data outside the countries of the European Economic Area.

5. Use of data

We process your personal data for the following purposes:

• to conclude and perform a contract between you and SK SOFTWARE for the provision of electronic services via online platforms owned by SK SOFTWARE, including ensuring service quality,
• to fulfil SK SOFTWARE’s legal obligations, e.g.:
  • issuing and storing invoices and accounting documents,
  • responding to complaints within the timeframe and in the form required by law,
• to consider your requests, complaints and inquiries,
• to detect and prevent fraud,
• to establish the validity of claims, defend against claims and pursue claims,
• to verify creditworthiness upon conclusion, renewal or extension of the scope of an agreement and to consider related complaints,
• upon obtaining your consent—for marketing purposes, organization and hosting by SK SOFTWARE of various events and sending a newsletter, as well as direct marketing by SK SOFTWARE,
• where you have consented to SK SOFTWARE sharing your personal data with entities that are SK SOFTWARE’s clients, if you have expressed interest in the possibility of investing in such entity based on your consent to share data for the direct marketing of that entity’s products and services,
• to conduct recruitment processes,
• to contact you where this is justified by our legitimate interest.
• Health data and physical activity data from wearables— after you connect a device/account and—where required—after you provide separate consent (Art. 9(2)(a) GDPR), we process them for the following purposes:
  • analysis of parameters (e.g., heart rate, HRV, VO₂max, steps, distance, pace, calories, sleep, training zones) and adjustment of the training plan to your needs and abilities,
  • progress tracking by authorized coaches working with you under our services,
  • statistics and reporting (where possible in aggregated or anonymized form),
  • building a trainee profile in our system to better tailor training recommendations.
  Legal bases: Art. 6(1)(b) GDPR (performance of a contract/service), Art. 6(1)(f) GDPR (our legitimate interest—service development and improvement, coach communication) and—for special categories of data (health data)—Art. 9(2)(a) GDPR (your voluntary, explicit consent, which you may withdraw at any time without affecting the lawfulness of processing before withdrawal).

6. How long do we store your personal data?

We store your data for a specific period depending on the purpose:

• for the duration of the contract and thereafter for the period after which claims under the contract become time-barred, and in the event that SK SOFTWARE pursues claims or notifies competent authorities—for the duration of such proceedings,
• for the performance of obligations, e.g., issuing an invoice,
• for the period required by law to retain data, e.g., tax law,
• as necessary to consider your requests, complaints and inquiries,
• for the period during which SK SOFTWARE may suffer legal consequences for failing to perform an obligation, e.g., receive a fine from public authorities,
• as necessary to assess creditworthiness,
• as long as we hold your consent, i.e., until it is withdrawn,
• for the duration of a recruitment process, and where you have consented to the processing of personal data for future recruitments—until consent is withdrawn,
• until you object, where the legal basis for processing is the controller’s legitimate interest.
• Wearable data—for as long as you use the integration/service and until you withdraw consent or disconnect the device/account; selected elements may be stored longer to the extent necessary to defend or pursue claims and in anonymized/aggregate form for statistics and analytics.

7. Principles we follow

We exercise due care to protect the interests of data subjects, and in particular we strive to ensure that data collected by SK SOFTWARE are:

• processed lawfully, fairly and in a transparent manner,
• collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes,
• adequate, relevant and limited to what is necessary for the purposes for which they are processed,
• accurate and, where necessary, kept up to date,
• processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures,
• kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed.
• With respect to wearable data: we collect and process only those parameters that are needed to achieve the described purposes; you may disconnect the integration or limit the scope of shared data in your device/account settings at any time.

8. When do we share your personal data with other entities?

We never sell the personal data we hold.

We share your personal data with other recipients:

• when we use the services of entities cooperating with us or our subcontractors, including entities that are our clients,

*To provide you with the highest level of service, we may use other companies to process your personal data on our behalf. We make sure that your personal data are treated as if we processed them ourselves. We carefully select external entities we work with, share only the personal data necessary for them to perform their services, and ensure that your personal data are secure.

• when we are legally required to share your data with other organizations,
• when it is necessary to protect the vital interests of the data subject or another natural person.
• For wearable data: with authorized coaches working with you under our services (to the extent necessary to monitor progress and adjust the training plan), and with integration/cloud providers processing data on our behalf.

9. What rights do you have?

You have full control over your personal data.

You have the right to:

• access the data we hold as data controller,
• obtain a copy of the personal data being processed,
• request rectification of your personal data,
• withdraw consent to the processing of personal data where the processing is based on your consent,
• object to processing where processing is based on our legitimate interest,
• restrict the processing of your personal data,
• data portability,
• request erasure of your personal data for which we are not under a legal obligation to continue processing,
• lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).
• For wearable data: the right to withdraw consent at any time (e.g., by disconnecting the device/account), the right to object to profiling for training plan customization, the right to limit a coach’s access or to change the assigned coach.

10. Cookies mechanism on SK SOFTWARE websites

Cookies are small text files placed on the user’s end device in order to:

• provide the service made available by the site and ensure the greatest possible convenience when using the site (e.g., saving and remembering settings and preferences (including profiling for Google AdWords), entering and saving certain information, automatic login),
• create counters, statistics, monitor activity and assess the use of the site by visitors,
• create traffic reports for site operators and provide other services related to website traffic and Internet use,
• log in and establish a session on the site.

This site uses Google Analytics, a service provided by Google, Inc. (hereinafter “Google”) for analyzing and monitoring website traffic/activity. Google Analytics uses cookies. The data generated by cookies about the user’s use of the site (including the user’s IP address) will be transmitted to and stored by Google on Google servers. Information about the security of data processed by Google can be found at: http://www.google.com/analytics/learn/privacy.html.

Google may also transfer this information to third parties if required to do so by law or where such third parties process the information on Google’s behalf. Google will not associate the user’s IP address with any other data held by Google.

Using this site constitutes the user’s consent to the use of cookies, including for the purposes of “Google Analytics.” By using this site, the user consents to Google processing the user’s data contained in cookies in the manner and for the purposes set out above.

The user may opt out of the use of cookies by selecting the appropriate settings in the browser; however, please note that in this case the use of all functions of the site may not be possible. Disabling cookies will in particular make it impossible to log in to the site; services requiring login and session establishment will not be provided by SK SOFTWARE.

More information, including information on disabling cookies for various browsers, can be found at: http://pl.wikipedia.org/wiki/Ciasteczko.

We use the “Real Cookie Banner” consent tool to manage cookies and similar technologies (tracking pixels, web beacons, etc.) and related consents. Detailed information on how “Real Cookie Banner” works can be found at https://devowl.io/rcb/data-processing/.

The legal basis for processing personal data in this context is Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Our legitimate interest is the management of cookies and similar technologies used and the related consents.

Providing your personal data is not contractually required nor necessary to conclude a contract. You are not obliged to provide personal data. If you do not provide personal data, we will not be able to manage your consents.

11. How can you contact SK SOFTWARE?

If you have any other questions or comments regarding this policy, you can contact us:

• by post at: SK SOFTWARE Sp. z o.o., ul. Niemczańska 33/6, 50-561 Wrocław, Poland,
• by e-mail: kontakt@sportpilot.pl

12. Information on the processing of personal data of employees or contractors of our business partners — “contact persons”

The controller of your personal data is SK SOFTWARE.

We will process your personal data because you are a contact person for SK SOFTWARE at our contractor or potential contractor. Accordingly, we will process your data in order to:

• contact you on ongoing matters, including performance of agreements between us and your employer/entity you represent, presenting offers, receiving orders, responding to questions. The legal basis for processing is our legitimate interest consisting in the possibility of ongoing contact with our contractors (i.e., their employees/associates),
• invite you to our events, provide other information about our activities and possible forms of cooperation. The legal basis for processing is our legitimate interest consisting in maintaining relationships with employees and associates of our contractors,
• defend ourselves against potential claims or pursue potential claims related to the agreement with the entity you work for or represent—i.e., our contractor—if a dispute concerning the agreement arises. The legal basis for processing is our legitimate interest consisting in the ability to defend against claims or pursue claims.

We obtained your data directly from you or from your employer/entity you represent.
From your employer/entity you represent we receive data such as your name and surname, business phone number and e-mail address, place of work, position or information on the type of matters you handle.
We will process your personal data for the period of performance of the agreement concluded with your employer/entity you represent and for the limitation period for claims under the agreement.
Your personal data may be transferred to our subcontractors who will provide services to your employer/entity you represent and to the law firms we work with.

You have the following rights related to the processing of your personal data:

• the right to access your data and receive a copy thereof, to rectify (correct) your data, to erase personal data, to restrict data processing, the right to object to the processing of your data due to your particular situation, and the right to data portability; requests may be sent to the controller’s contact address indicated above

• the right to lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).

The data controller does not intend to transfer personal data to a third country or an international organization; however, such a situation may occur. Your data may be transferred to a third country when processed using cloud tools whose storage may be located on servers outside the EEA or where the e-mail provider you use to contact the Controller uses servers physically located outside the EEA.

The data provided will not be used for automated decision-making; nor will they be profiled.

13. Information on personal data of persons interested in products or services — customers

The controller of your personal data is SK SOFTWARE.

We will process your personal data, transferring them to the client to conclude an agreement with you regarding the client’s products or services.

The scope of data collected includes:

For a natural person:

1. First and last name,
2. Name (company) — only if the natural person conducts business activity and creates a business account,
3. Tax Identification Number (NIP) — only if the natural person conducts business activity and creates a business account,
4. Address of the primary place of business — only if the natural person conducts business activity and creates a business account,
5. Bank account number for deposits/withdrawals,
6. Phone number for account authorization,
7. E-mail address for account authorization.

 

For a legal person or an organizational unit without legal personality:

1. Name (company),
2. Organizational form of the entity,
3. Registered office address or business address,
4. Tax Identification Number (NIP), and in the absence of NIP—the country of residence, name of the commercial register in which the entity is listed, register number, date of registration,
5. Personal data of the entity’s representative:
   1. First and last name,
6. Bank account number for deposits/withdrawals,
7. Phone number for account authorization,
8. E-mail address for account authorization.

Legal basis: the Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing (AML Act) and Art. 6(1)(c) of the GDPR.

Your personal data may be transferred to entities cooperating with us or our subcontractors.

Under the GDPR you have the right to:

• access your data and receive a copy thereof,
• rectify (correct) your data,
• erase personal data,
• restrict data processing,
• object to the processing of your data due to your particular situation,
• data portability,

* requests regarding the above may be sent to the controller’s contact address indicated above,

• the right to lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).

With respect to data processed for marketing purposes, you may withdraw your consent at any time by contacting us at kontakt@sportpilot.pl. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

The data controller does not intend to transfer personal data to a third country or an international organization; however, such a situation may occur. Your data may be transferred to a third country when processed using cloud tools whose storage may be located on servers outside the EEA or where the e-mail provider you use to contact the Controller uses servers physically located outside the EEA.

The data provided will not be used for automated decision-making; nor will they be profiled.

14. Information on the processing of personal data of other persons contacting SK SOFTWARE (by phone, e-mail, via contact form) and persons contacted by SK SOFTWARE (by phone and e-mail)

The controller of your personal data is SK SOFTWARE.

We will process your personal data in order to handle your inquiry on the basis of our legitimate interest in accordance with Art. 6(1)(f) GDPR[1] and for marketing purposes on the basis of your consent in accordance with Art. 6(1)(a) GDPR.

Your personal data may be transferred to entities cooperating with us or our subcontractors.

We will process your personal data for the duration of the correspondence exchange and for one year thereafter. After this period we may contact you to ask about the possibility of further processing your data.

Under the GDPR you have the right to:

• access your data and receive a copy thereof,
• rectify (correct) your data,
• erase personal data,
• restrict data processing,
• object to the processing of your data due to your particular situation,
• data portability,

* requests regarding the above may be sent to the controller’s contact address indicated above,

• the right to lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).

With respect to data processed for marketing purposes, you may withdraw your consent at any time by contacting us at kontakt@sportpilot.pl. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

The data controller does not intend to transfer personal data to a third country or an international organization; however, such a situation may occur. Your data may be transferred to a third country when processed using cloud tools whose storage may be located on servers outside the EEA or where the e-mail provider you use to contact the Controller uses servers physically located outside the EEA.

Providing personal data is voluntary and not required by law.

The data provided will not be used for automated decision-making; nor will they be profiled.

15. Newsletter subscribers

The controller of the personal data contained in the subscription is SK SOFTWARE.

Personal data are processed for the purpose of delivering the newsletter, on the basis of Art. 6(1)(a) GDPR.

Your personal data may be transferred to entities cooperating with us or our subcontractors.

The data controller does not intend to transfer personal data to a third country or an international organization; however, such a situation may occur. Your data may be transferred to a third country when processed using cloud tools whose storage may be located on servers outside the EEA or where the e-mail provider you use to contact the Controller uses servers physically located outside the EEA.

Your personal data are stored for a period of 2 years. After this period we may contact you to ask about the possibility of further processing your data.

You have the following rights related to the processing of your personal data:

• the right to access your data and receive a copy thereof,
• the right to rectify (correct) your data,
• the right to erase personal data,
• the right to restrict data processing,
• the right to data portability,

* requests regarding the above may be sent to the controller’s contact address indicated above,

• the right to lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).

You may withdraw your consent at any time by contacting us at kontakt@sportpilot.pl. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

Providing personal data is voluntary, not required by law; failure to provide them will result in the inability to order the newsletter.

Other information: the data provided will not be used for automated decision-making; nor will they be profiled.

16. Job candidates

The controller of your personal data is SK SOFTWARE.

Purpose of data processing: to conduct recruitment for a position at SK SOFTWARE.

The legal basis for processing your personal data is:

• A legal provision (Art. 22[1] § 1 of the Polish Labour Code) — with respect to the following data:

• first and last name,
• parents’ names,
• date of birth,
• place of residence (correspondence address),
• education,
• employment history.

• Your consent to the processing of data provided in your CV and cover letter, if you provide data other than those specified in Art. 22[1] § 1 of the Labour Code above.
• Our legitimate interest — with respect to data collected during the interview and the results of qualification tests. We have a legitimate interest in verifying your skills and abilities — this is necessary to assess whether you are a suitable person for the position for which we are recruiting.

Personal data are not transferred to other recipients.

The data controller does not intend to transfer personal data to a third country or an international organization; however, such a situation may occur. Your data may be transferred to a third country when processed using cloud tools whose storage may be located on servers outside the EEA or where the e-mail provider you use to contact the Controller uses servers physically located outside the EEA.

We will store your personal data until the end of the recruitment process for the position you are applying for. If you have given separate consent to the processing of data for future recruitments, we will store your data until you withdraw your consent, but no longer than 5 years from the time of collection.

Under the GDPR you have the right to:

• access your data and receive a copy thereof,
• rectify (correct) your data,
• erase personal data,
• restrict data processing,
• object to the processing of your data due to your particular situation,
• data portability,

* requests regarding the above may be sent to the controller’s contact address indicated above,

• the right to lodge a complaint with the President of the Polish DPA (Prezes UODO) (to the address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00–193 Warsaw).

You may withdraw your consent at any time by contacting us at kontakt@sportpilot.pl. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.

Giving consent to the transfer of personal data is voluntary, but necessary in order to participate in the recruitment process. Without consent, we will not be able to consider your application documents.

Other information: the data provided will not be used for automated decision-making; nor will they be profiled.

17. Can the privacy policy and cookies policy change?

SK SOFTWARE reserves the right to amend and update the Privacy Policy. Each time we make changes, we will publish a new version of the privacy policy on sportpilot.pl.

1 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, and repealing Directive 95/46/EC (GDPR) and actions taken.

18. Health data and physical activity data from wearable devices (wearables)

As part of our services, you may connect a wearable account/device to our system. This connection is voluntary and may be revoked at any time. The scope of processed data includes, in particular: heart rate, heart rate variability (HRV), VO₂max, step count, distance, pace, calories burned, duration and intensity of effort, heart rate zones, sleep parameters, and other fitness indicators provided by the given device/system. We do not collect data that are not necessary to achieve the purposes described.

Purposes of processing: analysis and customization of the training plan, progress tracking by authorized coaches, statistics and reporting (where possible in anonymized or aggregated form), and creation of a trainee profile in the system (profiling limited to tailoring training content and recommendations). We do not carry out automated decision-making that produces legal effects concerning you or similarly significantly affects you.

Legal bases: Art. 6(1)(b) GDPR (performance of the contract—provision of training services), Art. 6(1)(f) GDPR (controller’s legitimate interest—service development and improvement, coach communication), and—for special categories of data (health data)—Art. 9(2)(a) GDPR (your voluntary, explicit consent, which can be withdrawn at any time).

Source of data: data originate from the device/account you connected with the provider (e.g., Apple Health, Google Fit, Garmin, Polar or equivalent providers). You can manage the scope of shared information in the settings of the given device/account.

Recipients: authorized coaches cooperating under our services (to the necessary extent), and IT/integration service providers processing data on our behalf under data processing agreements.

Retention period: for as long as you use the integration/service and until consent is withdrawn or the device/account is disconnected; some data may be stored longer to the extent necessary to establish, exercise or defend legal claims and in anonymized form (statistics).

Rights: you may withdraw consent at any time, disconnect the device/account, limit the scope of shared data, object to profiling for plan customization, request access, copies, rectification, erasure, restriction of processing and data portability, as well as limit coach access to data or change the assigned coach.

Disclaimer: we do not provide medical services and do not make diagnoses. Training recommendations do not replace medical advice; if you have health concerns, please consult your physician.