Privacy Policy

Last modification on January 2023

We give particular importance to protection of your personal information.

The present policy on confidentiality ("policy") is intended to inform you about how we process your personal information when:

you use the www.fitnesswarrior.eu website,

We process your personal information in conformity with regulations in effect applicable to the processing of personal information and, in particular, in conformity with (EU) Regulation 2016/679 from the European Parliament and from the Council of 27 April 2016, relative to the protection of natural persons with regard to the processing of personal information and to the free circulation of this information, and abrogating directive 95/46/CE (hereafter "GDPR").

This policy answers the following questions:

1. Who is responsible for processing your personal information?

The entity responsible for processing your personal information is the limited company known as DIOROCHA SPORTS S.à .r.l.-s, whose headquarters is located at 58, Rue des Légionnaires, L-3780 Tétange, registered with the Commerce and Business Registry of Luxembourg under number B250811 (hereafter "DIOROCHA SPORTS" or "we/us" or “FITNESS WARRIOR”).

If you have questions concerning your rights, we ask that you contact our customer service. In part 11 you will find more information about how you may exercise your rights.

2. What personal information do we process?

Within the framework of our business activities, we collect the following categories of personal information which concern you:

Information about identification such as your first name and last name;
Contact information such as your telephone number, email, address, postal code;
Personal characteristics such as your sex, date of birth;
Electronic identification data (cookies);
Banking and financial information such as your bank card number and your VAT number;
Consumption habits such as your favorite products, number of orders and passages through the checkout online, amounts spent; visits on the website, favorite sports;
Information relative to your satisfaction with our services, complaints, questions and observations ;
Images;
Information relative to goods and services provided and received;

3. How do we obtain your personal information?

We collect your personal information:

Directly from you at different times, notably:

when you create a customer account by completing our forms available online on our sites;
when you subscribe to our newsletters on our www.fitnesswarrior.eu site;
when you have discussions with our personnel, for example, for a satisfaction survey, a request for reimbursement or a complaint;
when you participate in a contest or promotion by Fitness Warrior;
when you pay for your purchases online.

The information considered as obligatory is indicated by in our forms available online. Without this information, we will not be able to provide you with the requested services. Supplying other information is optional.

By analyzing your behavior on our sites.
When you browse our sites. For further information, please visit part 6 "Do we use cookies?".
By analyzing checkout receipts and orders. For further information, please visit part 5 "Do we use targeting techniques?".

4. For what purposes and on what legal bases do we use your personal information ?

We may use your personal information for the following purposes:

Our services
We use your personal information to provide you with the goods and services which you would like to buy, to manage your customer account, your orders and our after-sales services (guarantees, requests for reimbursement).

What is our legal basis?
We use your personal information in order to satisfy the obligations incumbent upon us by virtue of the contract that we have established with you, and to satisfy our legal obligations.

Sending of commercial communications by email or text messaging
We use your personal information to send you commercial indications by email or text messaging.

What is our legal basis?
We will send you commercial communications only if you have given your prior consent for this purpose by using the customer account creation form or the form to sign up for newsletters available on our sites.

Personalization of your FITNESS WARRIOR experience
We use your personal information to propose personalized offers, to establish statistical, financial and commercial analyses, and to manage web traffic (for example, to better understand the audience of our sites, to improve the user-friendliness of our sites and the relevance of our products and services ). For further information, please visit part 5 "Do we use targeting techniques?".

What is our legal basis?
The processing of your personal information is based on our legitimate interest in offering you the best products and services and, if necessary, based on your approval.

Organization of contests and/or promotions
If you have chosen to participate in one of our contests and/or promotions, we may use personal information to determine a winner and to contact you if you win.

What is our legal basis?
The processing of your personal information within the framework of contests and/or promotions is necessary to execute a contract which we have established with you.

Complaints and disputes
We use personal information in order to handle your complaints, to assist with collection of our receivables and to resolve disputes which concern you.

What is our legal basis?
The processing of your personal information (except for sensitive information) is necessary to execute a contract that we have established with you, to respect our legal obligations and in the legitimate interest of asserting our legal rights.
The processing of your sensitive information is necessary to observe, exercise or defend a legal right before a court.

Fight against fraud and respect of our legal obligations We use your personal information to:

fight against fraud:
Within this framework, we may come to : i) perform audits on orders placed online to limit the risks of fraud in distance-selling
ensure respect of our legal obligations, notably with regard to VAT.
What is our legal basis?
The processing of your personal information is necessary for respect of our legal obligations and in the interest of our legitimate concerns in fighting fraud.

5. Do we use targeting techniques?

We use targeting techniques to understand your needs as a customer, to provide you with personalized commercial offers and to evaluate our commercial performance.

What is targeting? Customer targeting or targeting for marketing purposes consists of determining, for a product or service, the customers or potential customers that the company wishes to reach through its marketing activities.
What is the purpose for targeting?
We use targeting techniques for the following purposes:

To send personalized commercial communications
If you have given your approval to receive offers from us, we will send messages that could interest you by email or text message.

Example: If you are connected to our sites with your customer account, and if you have agreed to receive messages from us, we examine your behavior (for example, the pages that you have visited) at some of our sites to send you personalized commercial communications.

6. Do we use cookies?

What is a cookie?
A large number of websites use cookies, for the main purpose of improving the user experience. A cookie is information placed on your hard drive by the server of the site that you visit. This information is sometimes stored on your terminal in a simple text file which a server accesses to read and record information.
A website may only read and write cookies which belong to it.

Why do we use cookies?
When browsing our sites, cookies make it possible to "recognize" your browser, for the duration of your visit («session cookie») or for several visits ("persistent cookie"). Cookies may have several roles and are used on our sites:

for technical reasons (session identification, memorization of preferences, shopping cart...) in order to, for example, adapt the presentation of the site to the configuration of your terminal;
for purposes of statistical analysis and management of traffic permitting us to, for example, improve the ergonomics of our sites and the interest of our services.

Third-party cookies
Based on the choices which you have been able to exercise concerning cookies ("Your choices concerning the use of cookies"), cookies are released/read by third parties (communication agencies, audience measurement companies, …) when you browse our sites.

Cookies permit these companies, for the duration of validity of these cookies, to determine, for the purpose of sending them to you, advertising content which could correspond to your centres of interest thanks to knowledge about your browsing on our sites.

The use of cookies by these companies is governed by their own privacy protection policies.

Social Networks
In order to give you the possibility of sharing content or to obtain your opinion about our products or services, we may come to include elements in our sites (buttons, plug-ins, …) in relation to the social networks.
These elements permit the social networks to follow your browsing, provided that you are connected to the social network on your browser (even if the “share” button was not used, for example).
The conditions of use of the information related to these elements are defined by the social network that you use and we have no control over the actions carried out. We invite you to view the privacy protection policies of these social networks in order to become familiar with how they use the information collected during your browsing, and with how to adjust the privacy settings of your accounts.

If your terminal is used by several people
Since cookies are linked to the terminal and to the browser, we are not able to be certain of the identity of the person browsing on this terminal. Thus, it is possible that the services and advertising proposed to you on this terminal may only correspond to a portion of your use (the navigation/preferences of other users of the terminal may be taken into account).
The confidentiality of your terminal results from your choices, in its use (persons having access) and in its parameter settings (notably concerning cookies).

Your choices concerning the use of cookies:
At any time, several options are possible for managing cookies, as indicated hereafter.

Changes that you make to your parameter settings could have an impact on your web browsing and on the functioning of certain services requiring the use of cookies. In this regard, we decline any responsibility for the consequences related to downgraded functioning of our services if they result from the impossibility of saving or reading a cookie on your terminal.

Browsing on a computer (PC):
Through the parameter settings of your browser, you may perform certain actions allowing you to control cookies, accept or refuse use of them, either in general or more precisely and at any time.

Since the elements of parameter settings are specific to each browser, we suggest that you follow the corresponding link on your browser to obtain more information:

To manage cookies on Google Chrome:
https://support.google.com/chrome/answer/95647?hl=fr
To manage cookies on Internet Explorer:
http://windows.microsoft.com/fr-fr/internet-explorer/delete-manage-cookies#ie=ie-11
To manage cookies on Mozilla Firefox:
https://support.mozilla.org/fr/kb/effacer-cookies-supprimer-infos-sites-enregistrees
To manage cookies on Safari:
http://support.apple.com/kb/ht1677?viewlocale=fr_FR&locale=fr_FR
For other devices (smartphones, tablets, connected objects), we invite you to view the help menu of your browser.

Interprofessional platforms:
Certain interprofessional platforms permit online management of cookies. For example, the site YourOnlineChoices, which is offered by numerous professionals in digital advertising, grouped within the EDAA (European Digital Advertising Alliance).

For companies registered on this platform, you may choose to activate or deactivate the use of cookies to suggest advertising that corresponds to your centres of interest: http://www.youronlinechoices.com/fr/controler-ses-cookies/

This action does not prevent the display of advertising on sites that you visit but makes it possible (for subscriber companies) to prevent the collection and use of data to have it correspond to your centres of interest.

Other tools:
In addition to the solutions mentioned above, there are tools (in the form of browser plug-ins or add-ons), developed by third-party companies, which make it possible to control the collection and use of cookies.

7. With whom do we share your personal information?

Within FITNESS WARRIOR
In respect of the purposes defined within this policy, your personal information may be viewed and used by: :

our Customer Communications team;
our Customer Relations team (including the call centre);
our IT Luxembourg team;
the managers
the board of directors

Outside of FITNESS WARRIOR
FITNESS WARRIOR may also communicate your personal information to other entities of the FITNESS WARRIOR group and to their suppliers of services, mainly for purposes of data storage and to perform advertising campaigns which may be located in and outside of the European Economic Area.
In respect of the purposes defined within this policy, your personal information may be viewed and used, notably by:

Our insurers;
Our legal advisors;
Our technical subcontractors;
Our logistical subcontractors;
Our marketing subcontractors

Other cases of transfer
We may come to share your personal information under the following circumstances:

if a law, public or judicial authority requires that we provide your personal information;
If such communication is necessary to observe, exercise or defend our rights in a court of law;
in case of restructuring, sale or transfer of all or a portion of our activities or assets.

8. Is your personal information sent outside of the European Union?

If it is necessary for the purposes stated in this policy, we may send your personal information to countries outside of the European Economic Area which do not offer the same level of data protection as of the Grand Duchy of Luxembourg and are not recognized by the European Commission as offering an adequate level of data protection.

We will only transfer your personal information to these countries if it is necessary for execution of a contract established in your interest, or if this is necessary to exercise or defend action taken in a court of law, or with your prior authorization, or if we have taken specific measures (for example, the standard contractual clauses of the European Commission) in order to make certain that the requirements of regulations with regard to data protection are satisfied.

9. How do we protect your personal information?

We agree to implement appropriate technical and organizational measures to guarantee a suitable level of security to avoid destruction, loss, alteration or unauthorized disclosure of your personal information which is sent, saved or processed in any other manner, and to prevent unauthorized access to such data.

10. How long do we keep your personal information?

We do not keep your personal information for longer than is necessary for the purposes stated in this policy.

To determine the duration of retention of your personal information, we use the following criteria:

the requirements of the laws applicable in matters of data protection;
the purpose for the treatment that concerns you;
the period during which we provide you with services or during which we have a commercial relationship with you;
our legal obligations to retain certain information for a minimum period;
the applicable statutes of limitation;
best practices;
our commercial objectives.;

At the end of the determined period of retention, we agree to destroy your personal information in a secure manner.

11. What are your rights and how can you exercise them?

With regard to personal information which concerns you, you have the following rights:

The right of access
Upon request, you have the right to obtain from us:

confirmation that the personal information that concerns you is or is not processed;
when we process your personal information, a copy of said information as well as information about how it is processed (e.g.: purposes for processing, categories of data, recipients, duration of retention).

We reserve the right to bill for reasonable expenses based on the administrative costs for any request for additional copies.

Right of rectification
Upon request, you have the right to obtain from us:

rectification of your personal information if it is inaccurate;
completion of your personal information if it is incomplete, including by means of an additional declaration.

Right to be forgotten
This right is not absolute: in certain cases, your personal information will not be eliminated, for example, if we need it to exercise or defend our rights before a court.

Right to limitation of processing
Upon request, you have the right to request that we eliminate your personal information in certain cases, for example, when we no longer need it or when it has been processed in an unlawful manner.

you have given your consent in this regard; or
we need it to observe, exercise or defend our rights in a court; or
the processing is necessary to protect the rights of another natural person or company; or
the processing is necessary for important reasons related to the public interest of the Union or of a member State.

Right to portability of data
When we process your personal information based on your consent or based on a contract, you have the right;

to obtain the personal information which you have provided to us in a structured format that is currently used and readable by machine, and to send it to the third party of your choice; or
to request that we send said information to a third party of your choice.

Right of opposition
You may object to processing of your personal information, and we will cease said processing:

when it is based on our legitimate interest or that of a third party. In this case, we are able to continue processing if it satisfies our legitimate interests or if it is necessary to observe, exercise or defend our rights in a court of law; or
when it is done for the purposes of prospecting (including for purposes of profiling related to such prospecting).

Right to withdraw consent
When we usual personal information based on your consent, you have the right to withdraw this consent at any time. This withdrawal does not pose a threat to the lawfulness of processing done based on consent given before the withdrawal.

Right to issue a complaint
If you believe that your rights with regard to data protection have been violated, you have the right to:

file a complaint with the competent regulatory authority, specifically in the member State where the violation is said to have occurred, where you reside habitually or where you work; and/or
initiate action before the competent court.

The competent regulatory authority in the Grand Duchy of Luxembourg is the Commission Nationale pour la Protection des Données (https://cnpd.public.lu/fr/particuliers/faire-valoir/formulaire-plainte.html).

To exercise your rights as stated above, you may click here or contact us:

by email: info@fitnesswarrior.eu;
by postal mail: to Service client – 58, rue des Légionnaires L-3780 Tétange,

by including proof of your identity and by indicating your last name, first name, e-mail address and, if applicable, your customer number.

When requests relative to the rights mentioned above are clearly unfounded or excessive, notably with regard to their repetitive nature, we reserve the right:

to require payment of reasonable expenses which take into account the administrative expenses incurred to provide the information, to communicate it or to take the measures requested; or
to refuse to honor these requests.

12. Modification of our policy on confidentiality

We reserve the right to update and modify this policy on confidentiality in order to reflect any change in how we process your personal information, or to take any modification of legal requirements into account. Any modification made to our policy on confidentiality will be displayed on this page and, if necessary, will be sent to you by e-mail. Visit this page often to become familiar with updates or modifications of our policy on confidentiality.

Privacy Policy

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