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Rules of “Autumn Campaign”
RULES OF THE PROMOTIONAL CAMPAIGN
called “Autumn Campaign”

Definitions
The phrases and notions used in these Rules shall have the following meaning: “Promotional Campaign” — a campaign called “Autumn Campaign”, taking place throughout Poland, promoting fitness clubs operating under CityFit brand, enabling its Participants to buy a 12-month membership in a selected CityFit club for a promotional price of PLN 9.95 for the first month, and also a campaign awarding in-kind prizes in the form of a “Workout Bag” to selected Participants. The details of the Promotional Campaign are described in these Rules. The Campaign is organised by the Organiser. “Promotional Campaign Term” — from 22 August 2019 to 30 September 2019
“CityFit Clubs” — CityFit clubs situated in:
  1. Wrocław przy ul. Suchej 1
  2. Białystok przy ul. Wrocławskiej 20
  3. Chorzów przy ul. Parkowej 20
  4. Kraków przy ul. Armii Krajowej 25
  5. Warszawa przy ul. Grochowskiej 207
  6. Poznań przy al. Solidarności 47
  7. Warszawa przy ul. Młynarskiej 8/12
  8. Warszawa przy al. Jerozolimskie 148
  9. Toruń przy ul. Broniewskiego 90
  10. Warszawa przy ul. Powsińska 31
  11. Gliwice przy ul. Zwycięstwa 52A,
  12. Lublin przy ul. Lipowej 13
  13. Rzeszów przy al. Tadeusza Rejtana 65
  14. Warszawa przy ul. Twardej 18
  15. Warszawa przy ul. Głębockiej 13
  16. Lublin przy al. Spółdzielczości Pracy 26
  17. Bielsko-Biała przy ul. Kolistej 23
  18. Gdańsk przy Alei Grunwaldzkiej 472 A
  19. Katowice przy ul. Rynek 12,
  20. Bydgoszcz przy ul. Kruszwickiej 1
  21. Wrocław przy ul. Szewskiej 3A
  22. Gdańsk przy ul. Targ Sienny 7
  23. Lublin przy ul. Lipowa 13
“CityFit Clubs” — the location selected by the Participant from among the available CityFit Clubs.
“Organiser” — CityFit spółka z ograniczoną odpowiedzialnością with its seat in Warsaw (00-105), at ul. Twarda 18, entered in the National Court Register kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000489476, NIP: 525-251-96-84, REGON: 147005970, with the initial capital amounting to PLN 9,339,800.00.
“Rules” — these rules binding for the Organiser and the Promotional Campaign Participant, governing the terms and conditions of the Promotional Campaign, including but not limited to the rights and obligations of the Organiser and of the Promotional Campaign Participants.
„Participant” — an Internet user who accepted these Rules and meets the requirements stipulated in these rules, including but not limited to in § 2 of the Rules.
“Club Member” — a person using the services offered by the CityFit Club.
“www.cityfit.pl” — a website where you can access any information on the membership and services bought, enabling also to sign in in the Customer Zone where you can buy your membership.

§ 1. General Provisions
  1. The Promotional Campaign is announced in mass media and on the website www.cityfit.pl, and is addressed to the Participants who fulfill the criteria described in §2 of the Rules.
  2. To declare your participation in the Promotional Campaign, use the Customer Zone.
§ 2. Promotional Campaign Participant
  1. 1. A Promotional Campaign Participant can be any individual being a consumer under Article 22(1) of the Polish Civil Code, who fulfills the following requirements jointly:
    • a) Has Internet access, including access to the Customer Zone;
    • b) Has got acquainted with the Rules and accepted their wording;
    • c) Provided their consent for personal data processing for the Promotional Campaign purposes in connection with the Promotional Campaign.
  2. 2. The participation in the Promotional Campaign is absolutely voluntary. The Promotional Campaign Participant shall be obliged to read these Rules and, by declaring their participation in the Promotional Campaign, they represent they accept the terms and conditions of this Promotional Campaign as described in the Rules.
  3. 3. Underage people aged 16 to 18 can join the Promotional Campaign solely with the consent of their legal guardians which is a prerequisite for obtaining CityFit membership as described in the general CityFit Rules.
§ 3. Term
The Promotional Campaign commences on 1 September 2019 and ends on 30 September 2019.

§ 4. Declaring participation in the Promotional Campaign
  1. To declare your participation in the Promotional Campaign, use the website www.cityfit.pl or kiosks situated in front of every CityFit club.
  2. To declare participation in the Promotional Campaign, read these Rules and accept them.
§ 5. Principles and course of the Promotional Campaign
  1. Having signed in in the Customer Zone, a Promotional Campaign Participant obtains the CityFit member status automatically and buys a 12-month membership for a selected CityFit club.
  2. According to the Promotional Campaign Rules, the Participant is exempted from the initial fee and pays PLN 9.95 for the first month of membership. PLN 9.95 is the fee applicable for all CityFit clubs.
  3. Consecutive monthly fees are charged based on the price lists of particular clubs.The details of payment for using CityFit services are described in the CityFit Rules, chapter “Payments”, at www.cityfit.pl.
§ 6. September gifts
  1. 1. The Promotional Campaign Participant who buys a 12-month membership in September 2019 will receive a gift in the form of a workout bag from CityFit 14 days after the agreement was executed.
  2. 2. The gift value does not exceed PLN 200 (say: two hundred zlotys), as mentioned in Article 21 section 1 item 68a of the Act of 26 July 1991 on Personal Income Tax (Journal of Laws of 1993 no. 90, item 416 as amended), meaning the gifts are exempted from the personal income tax.
  3. 3. The gifts will be collected in CityFit clubs, during the working hours of particular clubs which the Promotional Campaign Participants belong to.
  4. 4. To collect the gift, a Promotional Campaign Participant shall provide their name and surname to the club staff to have their membership verified.
  5. 5. The number of gifts is limited and amounts to 9,000.
  6. 6. It is not possible to transfer your right to the gift to any third party.
  7. 7. The Promotional Campaign Participants shall not be entitled to any claims for the disbursement of the gift value in cash.
§ 7. Personal data
  1. 1. The Controller of the collected Participants’ personal data shall be CityFit sp. z o.o. Personal data processing shall be carried out in line with the provisions of the Regulation of the European Parliament and the Council (EU) 2016/679 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 (General Data Protection Regulation) and the Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018 items 1000).
  2. 2. The Data Controller appointed a Data Protection Officer monitoring correct personal data processing, who can be contacted at the following e-mail address: iod@cityfit.pl.
  3. 3. The personal data of Participants will be processed to organise and carry out the Promotional Campaign and for marketing purposes.
  4. 4. Data is provided voluntarily but is required to participate in the Promotional Campaign.
  5. 5. The Promotional Campaign Participants who provide their personal data will be entitled to access it and to do the following, with a reservation of the applicable regulations:
    • a. Have their data corrected,
    • b. Have their data deleted,
    • c. Have their data processing restricted,
    • d. Have their data transferred,
    • e. Object,
    • f. Revoke their consent any time.
  6. 6. The Organiser shall collect the following Participants’ data:
    • a. Data connected with participation in the Promotional Campaign, i.e. the number of promotional memberships used;
    • b. Data concerning the use of the website, recorded in cookie files, including the history of clicking, navigation or browsing;
    • c. Details of your preferences or behaviours — shared by Participants or an interested person when browsing the website.
  7. 7. The Participants shall be entitled to make a complain to the President of the Personal Data Protection Office.
  8. 8. The Organiser represents the data of the Promotional Campaign Participants will not be processed by automated means and will not be subject to profiling.
  9. 9. The personal data can be shared by the Data Controller with other entities whom they executed relevant agreements with. They include the following entities:
    • a. Companies belonging to the Data Controller’s capital group.
    • b. They fulfill specific functions in the Data Controller’s name, helping them to organise promotional campaigns or manage IT systems used for the clubs operation. Such entities process solely the data required to carry out their functions in line with the executed agreements.
    • c. Trusted Partners.
    • d. Those are entities whom the Data Controller has business agreements with and who provide services for them, e.g. providers:
      • of technology services (e.g. support of websites and other business systems used by the Data Controller to provide services),
      • of services connected with data storage, compilation and analysis,
      • of legal services and other specialist services, including services related to ensuring security in clubs.
  10. 10. Data sharing does not authorise the recipient to use it for any purpose, but solely for the purpose clearly indicated by the applicable law or the Data Controller. In any case, data sharing does not waive the Data Controller’s responsibility for its processing.
  11. 11. The data can be shared also with public authorities provided they are authorised to it under the applicable regulations and they submit a relevant request.
  12. 12. The Participants’ data will be stored for the period required to achieve the above purposes. Once a year, the Organiser shall assess the legitimacy of further personal data processing and if they believe this is no longer legitimate, they shall destroy or anonymise it.
§8. Liability
  1. 1. The Organiser shall not be held liable for any technical problems affecting the fulfillment of the terms and conditions of participation in the Promotional Campaign, including but not limited for the periodic non-availability of the Customer Zone, arising on the grounds beyond the Organiser’s control, including but not limited to the Force Majeure and the required maintenance works.
§9. Complaints
  1. 1. Any complaints concerning the Promotional Campaign can be made by the Participants by e-mail to bok@cityfit.pl throughout the entire Promotional Campaign term, no later than 14 days after the promotional membership was bought. Complaints received later than stipulated above will not be considered.
  2. 2. The complaints should include the details of the complainant, including those enabling to respond to the complaint and a brief description of the complaint subject.
  3. 3. Duly made complaints shall be investigated immediately, no later than 14 days after a given complaint is received. The complainant will be notified whether the complaint was accepted or rejected in a return e-mail.
  4. 4. The Organiser’s decisions in the complaint procedure are final which does not exclude the Participant’s right to pursue claims in line with the general principles of the liability for damages.
  § 10. Final provisions
  1. The full text of the Rules is available in the Organiser’s seat and published in the Customer Zone.
  2. The Organiser ensures all the disputes and property claims which may arise between the Organiser and Participants in connection with the wording or performance of the Promotional Campaign will be, first and foremost, settled amicably and using any available rules and techniques of mediation. The Organiser declares their readiness and availability of their representatives to initiate and continue negotiations to settle the dispute within the first ten days after the dispute emerged. If the attempted amicable settlement of the dispute fails, the Participant shall be entitled to pursue their claims in court.
  3. The Organiser reserves the right to amend the Rules during the Promotional Campaign, with a reservation that such an amendment will not deteriorate the terms and conditions of the Promotional Campaign and that its every Participant will be notified thereof immediately by e-mail, indicating the introduced amendments and the information on their right to withdraw from participating in the Promotional Campaign. The amended Rules will be published also where they were published at the start of the Promotional Campaign.
Terms and Conditions

INTRODUCTION

The person using the services offered by the Club CityFit (Club Member), concludes the Agreement for the fitness club (hereinafter “the Agreement”) with:

a) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS:0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Rzeszów, Tadeusza Rejtana 65 Av (Plaza Rzeszów) concluding the Agreement by August 31, 2018, by 11:59;
b) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS:0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Warszawa, at Twarda 18 St (Rondo ONZ) concluding the Agreement by August 31, 2018, by 11:59;
c) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS:0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Warszawa, at Głębocka 13 St concluding the Agreement by August 31, 2018, by 11:59;
d) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS:0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Lublin, at Spółdzielczości Pracy 26 Ave. concluding the Agreement by August 31, 2018, by 11:59;
e) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Bielsko-Biała, at Kolista 23 St concluding the Agreement by August 31, 2018, by 11:59;
f) CityFit 24/7 Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000520624, NIP: 701-043-81-73, regon: 147410570 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Wałbrzych, at 1 maja 64 St.;
g) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Gdańsk, at Grunwaldzka 472 A Ave. concluding the Agreement by August 31, 2018, by 11:59;
h) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Katowice, at Rynek 12 St. concluding the Agreement by August 31, 2018, by 11:59;
i) CityFit Sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Bydgoszcz, at Kruszwicka 1 St. concluding the Agreement by August 31, 2018, by 11:59;
j) CityFit sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in the Register of Entrepreneurs of the National Court Register by the Warsaw District Court, XII Economic Department of the National Court Register under number KRS:0000489476, NIP: 525-257-43-64, regon: 147005970 with share capital in the amount PLN 9.339.800,00, in the case of a club located in Wrocław, at Szewska 3A St. concluding the Agreement by August 31, 2018, by 11:59;
k) CityFit Membership sp. z o.o. with headquarters in Warsaw at Twarda 18 St., entered in Register of Entrepreneurs of the National Court Register of the Warsaw District Court, XII Economic Department of the National Court Register under number KRS: 0000616392, Tax ID: 5272769131, regon: 364381649 with share capital in the amount PLN 5.000.00, in the case of a club located in Wrocław, at Suche 1 St., Białystok at Wrocławska 20 St., in Chorzów at Parkowa 20 St., Kraków at Armii Krajowej 25 Ave., in Warsaw Rondo Wiatraczna at Grochowska 207 St., in Poznań at Solidarności 47 Ave. (Galeria Pestka), in Warsaw at Młynarska 8/12 St. (Wola Plaza), in Warsaw at Jerozolimskie 148 Ave. (Reduta), in Toruń at Broniewskiego 90 St. (Toruń Plaza), in Warsaw at Powsińska 31 St. (Warsaw Sadyba Best Mall), in Gliwice at Zwycięstwa 52A St., wines Lublin at Lipowa 13 St. (Lublin Plaza), in Gdańsk, at 7 Targ Sienna St. and from August 31st 2018 fron 12:00 n the case of a club located in Rzeszów at Tadeusz Rejtana 65 St. (Plaza Rzeszów), in Warsaw at Twarda 18 St. (Rondo ONZ), in Warsaw at Głębocka 13 St., in Lublin at Spółdzielczości Pracy 26 Ave., in Bielsko-Biała at Kolista 23 St., in Gdańsk at Grunwaldzka 472 A Ave., in Katowice at Rynek 12 St., in Bydgoszcz at Kruszwicka 1 St., in Wrocław at Szewska 3A St .;
l) The companies indicated above reserve the right to establish cooperation with each other in order to sell passes allowing clients to use more clubs, therefore, for customers who purchased their membership before 31/08/2018, at 11:59, and wish to extend their membership for the possibility of using more clubs, the party to the Agreement remains the company with which the Club Member already had an Agreement.

All the above companies provide services enabling the use of clubs operating under the CityFit brand, under the conditions set out in these Regulations. 

TERMS

  1. Basic terms used in these Regulations:
    a) CityFit – the company (referred to in the introduction above) with which the Club Member concludes the Agreement.
    b) Club Member – a person using the services offered by CityFit, who met the conditions set out in point 2 below;
    c) Club – location chosen by the customer in the online system when purchasing the Pass;
    d) Customer Zone – the zone is available to the customer after logging into an individual profile using the www.cityfit.pl website, enabling freezing, defrosting, cancellation of membership, access to invoices and all information on membership and purchased services;
    e) Kiosk – device located in the Club lobby allowing for the completion of the member registration process, purchase of membership, printing of necessary approvals;
    f) Membership Freezing – action performed by the Club Member allowing to maintain membership in power, setting a lower level of membership fee, but preventing access to the Club / Clubs;
    g) Membership fee – a fee enabling the use of services offered by the Club;
    h) Joining fee – a fee that may be charged in connection with obtaining the Member Status of the Club;
    i) Fee for freezing your membership – another fee falling after the date of freezing membership of a reduced value due to the blocking of the possibility of entry to the Club, nevertheless allowing to maintain membership in power;
    j) Payment day – the day is considered the day of payment:
    • club opening for clients in the case of customers who bought their membership before opening the Club,
    • joining date for a Club member or a different starting date of membership if delayed, or 
    • the day of freezing membership in the event of its freezing;

    k) Opening Day for customers – the day when clients with active member status can fully use the Club’s services for the first time;
    l) Open Days – days in which all interested persons, both those with the status of a member and those without such status, will have access to the Club in order to view it and get acquainted with the offer;
    m) Passes – all passes from the CityFit offer available at www.cityfit.pl. CityFit reserves the right to limit the quantity of available passes;
    n) Agreement – agreement to allow the use of the Club services only by clients concluded for the duration of the selected Pass or for an indefinite period;
    o) Medical Services Package – a set of medical services or other services strictly related to these services provided in accordance with the General Terms and Conditions of Provision of Medical Services constituting Annex 1 to the ClubFit Club Regulations by Medicover for the Club Members in accordance with the offer available at www.cityfit.pl.
    p) Settlement period – 30 days, designated for the purpose of making settlements between clients and CityFit for remuneration for the provision of services, starting on the day of activation;
    q) Medicover – Medicover Ltd. with headquarters in Warsaw at Al. Jerozolimskie 96 St., entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, at no KRS: 0000021314, NIP: 5251577627,

  2. MEMBERSHIP

  3. The status of a CityFit Club Member is obtained when the following conditions are met:
    a) on-line registration in the Customer Zone on www.cityfit.pl;
    b) payment of the membership fee and, in certain cases, also the entry fee;
    c) in the case of minors above 16 years acquiry of written consent of legal guardians for the purchase of membership and the use of services offered by the Club by minors over 16 years of age.
  4. Access to the Club and the right to use the services offered by the Club is obtained by the Club Member after:
    a) leaving the fingerprint at the first visit to the Club (the system determines the characteristic points of the fingerprint, joins them with lines and thus creates a fingerprint map, then the system connects the person registered with the fingerprint, the system is unable to reverse the recording process in order to obtain again fingerprint, the system only remembers the image, map, non-real imprint, binary system does not allow the use of data by unauthorized persons, or even such institutions as the police), with the proviso that when you buy the Pass, which entitles you to use more Clubs, Member The club is obliged to leave a fingerprint during the first visit to one of the Clubs selected in the process of purchasing the Pass entitling to use more Clubs
    b) expiry of the deadline for withdrawal from the Agreement referred to in point 22 of the Regulations, unless the client has made a declaration requesting that CityFit start providing services before the deadline to withdraw from the Agreement.
  5. Club members do not receive a card or other document enabling entrance to the Club. Admission to the Club allows you to verify your fingerprint by putting your finger on the reader in the entrance door. The system recognizes registered and paid membership and allows access to the Club, in the same way a Club Member leaves the Club.
  6. Club members are entitled to use the Club assigned to the location selected in the online system when purchasing the Pass. Club members have the option of using Clubs assigned to other locations only and exclusively in the event of purchasing a Pass entitling them to use more Clubs.
  7. In the event of any arrears on the membership fee, CityFit may restrict its membership by blocking access to the Club / Clubs, and the Club Member will be notified via one of the following channels: by phone, text, e-mail, in person, in writing or via the Customer Area . The customer will also be informed about the existing arrears and payment options. After the lapse of 14 days from the designated Payment Day, the membership will be lost, with the proviso that in the absence of the payment method, the loss of membership takes place after 7 days from the designated Payment Day. Club members will also be notified of this fact in the manner provided above. Despite the loss of membership, the above-mentioned Member of the Club is obliged to pay all overdue fees.
  8. Loss of membership occurs:
    a) with the passage of time for which the Agreement was concluded;
    b) at the moment of not paying the membership fee for the next period, as described in point 6 above. In the event of loss of membership in the manner provided for in letter b), a Club Member shall pay CityFit an amount of 60% of the sum of fees due pro rata for the period from the date of termination of the Agreement to the end of the period for which the Agreement was concluded;
    c) in the case of Contracts concluded for an indefinite period as a result of voluntary resignation of a Club Member submitted on-line in the Customer Zone on the website www.cityfit.pl, with effect at the end of the period for which the membership fee was due;
    d) in the case of a Contract concluded for a definite period of time as a result of a written resignation, provided that the Club Member then pays CityFit the amount equal to 60% of the total amount of fees, calculated on the basis of the regular gross price of the pass, due proportionally for the period from the date of termination of the Contract to the end of the period for which the Contract was concluded. The above fee is payable at the time of resignation referred to in this point d. Price list with regular rates in individual clubs is attached as Appendix No. 2 to these Terms and Conditions;
    e) in other cases indicated in the Regulations.
  9. The status of a Club Member can be obtained again after meeting the conditions set out in point 2.

  10. CityFit reserves the right to deprive the Club Member of the right of membership with immediate effect in the event of giving false, incorrect or doubtful personal and contact details. In the above situation, the person described above is obliged to pay a contractual penalty in the amount of 100 PLN (in words: one hundred zlotys), which will be deducted with the claim for the return of unused funds from the paid membership. CityFit has the right to claim damages exceeding the amount of the aforementioned penalty as a general rule.
  11. CityFit offers its Members special price offers prior to the opening of the Club, providing Guarantee of Fixed Contract Price for an indefinite period. At the above mentioned price:
    a) before the opening of the Club located in Rzeszów it will remain unchanged for 12 months and after this period the price will be valid from the opening day of the Club,
    b) during the first 24 hours, the pre-opening price of the Club located in Bydgoszcz will remain unchanged for 12 months and after this period it will amount to PLN 49,
    c) before the opening of the Club located in Wrocław at ul. Szewska will remain unchanged for 3 months and after this period will amount to PLN 39,
    d) when buying the Club ticket for the Club located in Białystok from October 12, 2017 from 12:00 am to October 14, 2017 to 23:59 it will remain unchanged for 6 months and after this period it will amount to PLN 59.95.
    CityFit for Club Members who will benefit from the purchase of a season Membrship called “Open 12 months” by joining the Club in Wrocław at Sucha 1 St offers the opportunity to enter the Club in Wrocław at Szewska St as part of a single fee. Admission to the Club in Wrocław at Szewska St. will be possible after receiving an individual code, which the client will have to use in the registration process, details available at www.cityfit.pl or at the club’s service. CityFit reserves that the code can only be used by Club Members who have received the code, codes can not be passed to third parties, and in case of violation of the Regulations, entry to the Club in Wrocław at Szewska St. will be blocked. CityFit provides Members with a Fixed Price Guarantee, which means that regardless of the current rates, membership fee of Club Members in the case of Contracts concluded for an indefinite period will never be increased, subject to point 9 above. 
    e) when buying a Club ticket for the club located in Poznań on August 22, 2018 from 00:00 to 23:59 it will remain unchanged for one month and after this period it will be PLN 89.95,
    f) when buying a Club ticket to the Club located in Warsaw at ul. Młynarska 8/12 on September 19, 2018 from 00:00 to 23:59 will remain unchanged for 3 months and after this period will be PLN 89.95,
    g) buying a ticket to the Club located in Warsaw at al. Jerozolimskie 148 on September 26, 2018 from 00:00 to 23:59 remains unchanged for 3 months and after this period it will amount to PLN 89.95,
    h) when buying a club ticket to the club located in Toruń at ul. Broniewskiego 90 on 10 October 2018 from 00:00 to 23:59 remains unchanged for 1 month and after this period it will amount to PLN 79.95.
    i) when buying a “Student” membership to the Club located in Gliwice at ul. Zwycięstwa 52A between 25/02/2019 00:00 to 03/03/2019 23:59 its price remains unchanged for a period of three months, after this period it will amount to PLN 69.95.
  12. CityFit provides its members with the so-called Money Back Guarantee in the event that a Member of the Club by 24:00 on the Opening Day by logging in to his account in the Customer Area will resign from membership.
  13. Member of the Club, excluding Club Members who have a Medical Services Package, who purchased the Pass for an indefinite period, may freeze their membership by logging in to the Customer Area in exchange for a monthly fee for CityFit. The freeze results from the first day after the end of the accounting period during which the Club Member has placed a freeze order. A member of the Club will be informed of the date of membership freezing and the date of effective freezing. 
  14. A member of the Club may at any time unfreeze his membership by logging in to the Customer Area. Unfrozen results from the day the frostbite is placed and this day becomes the new Payment Day. Unfrozen results in generating a full installment for the membership, which will be collected by the system on the Payment Day or the next possible day of payment by CityFit, thus allowing instant access to the Club / Clubs. For members joining the Club before its opening, membership begins on the day the club is opened. There is no possibility to postpone membership. For members joining the Club after its opening, the membership starts on the day indicated by the Club Member, however, the maximum time for moving the membership in this case is 3 months. CityFit informs that in the case of membership to the Club located in Warsaw at al. Jerozolimskie 148 (Redoubt) purchased until December 31, 2012 to 23:59 in the price of PLN 1 (one zloty) the end of the first Settlement period falls on December 31, 2012 at 23:59 and the second Settlement period begins on January 1, 2019 at 24:00, and its fee is PLN 49.95 (PLN forty-nine PLN 95/100), which in the subsequent Settlement Periods increases to PLN 99.95 (ninety-nine PLN 95/100). CityFit reserves that it will not be possible to move some of the passes. Detailed information will be provided at www.cityfit.pl.
  15. A member of the Club may be a person who has no medical contraindications:
    a) who is 18 years old and has full legal capacity,
    b) a minor over 16 years of age, after delivery to the Club, signed by legal guardians, a statement expressing consent to the purchase of membership and the use of services offered by CityFit by a minor. At the same time, the legal guardian informs the content of the statement that a minor over 16 exercises the exercises himself, and that CityFit is not responsible for accidents and injuries resulting from non-compliance with safety rules and rules of club use. The model statement can be downloaded at www.cityfit.pl.
  16. In the case of medical contraindications, a person can become a Club Member at his own risk.
  17. As part of the membership fee, a Club Member is entitled to use the fitness classes indicated in the schedule of activities without restrictions, with reservation:
    a) A booking is required for fitness classes, which must be made through the Customer Area. Entries for classes are started 48 hours before the start of classes, with the reservation that you can only enroll in classes that fall on the date when the voucher is valid and paid for. CityFit is entitled to verify attendance before the start of each class by reading the name of the Club Member who made the booking as described above in the presence of other people. If there are no vacancies, Club Members who have not made a reservation before will not be able to take part in fitness classes.
  18. CityFit reserves the right to verify attendance during the last 30 days. In the case of two absences from classes, previously booked and not canceled, CityFit has the right to block the possibility of enrollment for classes for the next 7 days following the classes on which the second absence was recorded.
  19. Both enrollment and cancellation are mandatory and take place via the Customer Area. Access to the Customer Area is possible by logging in at www.cityfit.pl. Canceling classes is possible at the latest three hours before scheduled activities.
  20. MONTHS CONTRACTS

  21. CityFit offers special fixed-term contracts (12-month contracts) for which there is a regular monthly charge. CityFit also gives you the option to pay your 12-month pass once in advance.
  22. A 12-month pass shall not be closed if no payment is made. All invoices are generated every month on the due date with a 14-day payment period. If no payment is made, the debt is accumulated and then the recovery process begins.
  23. If the Customer does not pay within 14 days, the Customer will be asked to pay several times by the Customer Service Centre. Otherwise, he/she is subject to a recovery process. Overdue payment is possible to execute through the option Przelewy24, active in the Customer’s Zone.
  24. If all installments are paid, the 12-month contract closes and automatically switches to the contract for an indefinite period of time with a pre-defined discount for all installments, without the need to pay the membership fee. There is also a “renew contract” option in the Customer Zone that will extend the contract for another 12 months at the same price.
  25. If the first instalment of the 12-month pass is not paid, the system automatically terminates the contract with the start date.
  26. The 12-month pass has the possibility of unlimited freezing, with the express reservation that the time of freezing extends the duration of the contract. Only an active – paid pass can be frozen.
  27. PAYMENTS

  28. Regarding the Payments, the following rules apply:
    a) CityFit applies only the non-cash payment system;
    b) The first payment can be made using a payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) as well as using the transfer option24 depending on the defined payment option;
    c) Members fees for subsequent periods are paid using one of the two payment methods:
    • use of a credit / debit card with an online payment function entitling CityFit to debit a Member’s bank account, full amount due to the monthly membership fee in a given billing period and in each subsequent billing period to remain a Club Member without having to notify the Club Member
    • A member of the Club is obliged to provide funds on the bank account in order to ensure that the necessary amount to pay membership is in the time the payment is made by card payment on his account;

    d) The fee for freezing membership is calculated on the next due payment, including the following:

    • if the customer freezes his membership by 23:59 on the last day of its validity, the fee for freezing the membership will be charged from the next billing period,
    • freezing membership after 23:59 on the last day of its validity is tantamount to the start of a new billing period, for which a full membership fee will be required, and the membership freeze will be charged only from the first day of the month following it.

    e) CityFit reserves the right to grant customers discounts in relation to the current: Registration Fee or Member Fees;
    f) The rebate will be provided in the form of a rebate code generated by the computer system;
    g) The rebate code referred to above may be given to the customer by a CityFit employee or a person cooperating with CityFit on a different basis, including by personal trainers who are not CityFit employees;
    h) The customer receives a rebate code from the person referred to above in electronic (eg e-mail) or paper form;
    i) The rebate code given to the customer is not subject to sale;
    j) CityFit reserves that the decision on the rebate and the criteria for rebate are at the discretion of CityFit.

    RIGHT OF WITHDRAW

  29. Conclusion of the Contract by the Customer via the Internet (on-line) or via Newsstand is treated as the conclusion of a distance contract within the meaning of the Act of 24 June 2014 on Consumer Rights (Journal of Laws, item 827).
  30. The Customer who concluded the Agreement in one of the ways referred to in paragraph 19 above has the right to withdraw from the Agreement, which he must perform within 14 (say: fourteen) days from the date of conclusion of the Agreement.
  31. The right to withdraw from the Agreement is made by submitting by the Club Member a written statement on withdrawal from the Agreement. A written statement should contain at least the following elements:
    a) CityFit designation;
    b) designation of a Club Member;
    c) date;
    d) declaration of withdrawal with the following text: “I (first name and surname) hereby inform about my withdrawal from the contract for the use of fitness club (name, address) of the day (date)” – or equivalent;
  32. In the case of effective exercise of the right to withdraw from the Agreement indicated in point 21 above, the Member of the Club is entitled:
    a) if he has not made the statement referred to in point 3b above CityFit within 14 (say: fourteen) days from the receipt of the declaration of withdrawal from the Agreement, CityFit will refund the payment made by the customer at the conclusion of the Agreement to the bank account from which the payment was made , using the same payment method that the customer used when making the payment.
    b) if he submitted the statement referred to in point 3b above CityFit, within 14 (say: fourteen) days from the date of receipt by the Company of the withdrawal from the Agreement, CityFit will refund the payment made by the client during the conclusion of the Agreement to the bank account from which the payment was made, using the same method of payment as the customer used to make the payment after deducting the remuneration for the possibility of using the Club for the period from the date of membership acquisition until CityFit submits the withdrawal from the Agreement, the CityFit remuneration is equal to the part of all fees paid by A member of the Club proportional to the number of days from the date of membership acquisition until the date CityFit receives a declaration of withdrawal, in relation to the number 30.
  33. USING THE CLUB

  34. The following Rules for the use of the Club are established:
    a) Each Club has individual Club regulations or functional zone regulations, which contain, in particular, provisions regarding the proper use of the Club, the equipment contained in it, and respect for the rights of other Club Members. Each club member is obliged to read the rules and comply with them;
    b) Club members are obliged to use the facilities, equipment and equipment belonging to the Club in a manner consistent with their intended use. Member of the Club bears material responsibility for damage or destruction of the premises, equipment or equipment belonging to the Club;
    c) Entry to the Club and leaving the Club are only allowed using the entrance portals, after scanning your fingerprint. Members of the club are obliged to single use of portals, it is not allowed to stay in the cabin of 2 or more people at the same time as well as allowing entry and exit from the club to third parties by opening portals using their fingerprint. Behavior contrary to the above will be considered a violation of the rules in force in the Club. CityFit has the right to deprive the Member of the Club of the right of membership with immediate effect, in this situation the Member of the Club indicated above is obliged to pay CityFit, within 7 days from the loss of membership, a contractual penalty in the amount of 100 (in words: one hundred zlotys), which will be deducted with a claim for the return of unused funds from paid membership. CityFit has the right to claim damages exceeding the amount of the aforementioned penalty as a general rule. CityFit also reserves the right to impose a lifetime ban on access to its clubs; 
    d) The Club Member undertakes to comply with fire regulations and instructions for use of individual rooms, equipment and equipment belonging to the Club, in particular instructions provided by instructors and other Club services;
    e) Club members undertake to respect and maintain cleanliness and to comply with generally accepted standards of behavior while using the Club’s services. It is unacceptable to obstruct or disable the use of the Club for other members, as well as any form of insulting or threatening them, including using the Club, despite comments from the Club staff, words commonly accepted as offensive. It is unacceptable behavior that offends the dignity of other Club members, including vulgar and obscene behavior, as well as being a manifestation of racism or having signs of harassment or discrimination on grounds of race, religion or sex;
    f) Consumption of alcohol or other intoxicants and smoking in the Club is prohibited. Members of the Club who are in a condition indicating the consumption of alcohol or other intoxicants will not be allowed into the Club. A member of the Club indicated above is obliged to pay CityFit, within 7 days from the date of loss of membership, a contractual penalty in the amount of 100 (in words: one hundred zlotys), which will be deducted with the claim for reimbursement of unused funds from paid membership. CityFit has the right to claim damages exceeding the amount of the aforementioned penalty as a general rule;
    g) Video recording and taking photos for commercial purposes without the consent of CityFit shall be prohibited. CityFit may grant the consent to video recording and taking photos against a charge. Contact about the consent: wspolpraca@cityfit.pl
    h) Club members are obliged to wear a replacement, covered sports footwear at the Club premises, while in rooms such as bathrooms and shower bath footwear on a rubber non-slip sole;
    i) Member of the Club, for hygienic reasons is obliged to have and use a personal towel in the Club and should be provided with a padlock to the cabinet to ensure the safety of things left in it by themselves;
    j) Before the start of the training, the Club member is obliged to prepare a place for exercise so that the exercises can be done in a safe way for him and the environment and check that there are no other obstacles preventing the exercise.
    k) CityFit enables club members to become familiar with the basic principles of safe use of machines located in the Club by conducting free introductory classes;
    l) CityFit and instructors are not responsible for accidents and injuries arising on the Club grounds resulting from non-compliance of these Regulations by Club Members;
    m) Club members are obliged to leave things in cabinets for this purpose. Lockers should be secured with a padlock that prevents it from being opened. CityFit is not responsible for items left in the Club, in places not intended for that purpose;
    n) The lockers in the Club are emptied and cleaned daily between 2:00 and 4:00 am during general cloakroom cleaning. Items left in the cabinets will be deposited in the Club and can be picked up at the Club within 3 days from the date of deposit. After this deadline, they are considered abandoned in accordance with art. 180 of the Civil Code and will be thrown away, disposed of or transferred to charity;
    o) It is forbidden to leave things in cabinets for a period exceeding the time of individual training, during which the cabinets should be closed. The client after finishing the training leaving the club is obliged to take things from the cabinets with him.
    p) In situations not regulated by these Regulations, the Club’s manager has the right to arbitrarily make decisions regarding the functioning of the Club.
    q) It is forbidden to conduct any gainful activity in the Club without CityFit permit, in particular commercial, marketing and service activities, including conducting trainings, workshops and trainings.
    r) Only coaches who have purchased a Club membership for personal training sessions called Coach’s Pass are eligible to conduct personal training at CityFit. The term “Personal Training” shall be understood as:
    • physical activities aimed at assisting in the performance of training exercises, 
    • pmotivating customers to exercise and supervising and coordinating their training,
    • pinstructing the customers in each of the exercises in detail, 
    • ppreparing a set of repeated exercises for the clients, 
    • pas well as providing physical exercise instruction for one or more persons (organised groups).

    s) Only those individuals who have previously booked a room and paid a fee shall be entitled to run other sporting activities in CityFit, including teaching stage posing. The room may be booked by writing a message to: wspolpraca@cityfit.pl
    t) It is forbidden to wear clothing with clear names on the club premises: “coach”, “personal trainer”, “accredited trainer”, “instructor”. These names are reserved exclusively for trainers who work with CityFit and not for trainers who have purchased a trainer’s pass. Persons who do not comply with this rule may be asked to leave the club by the manager. If the ban is not respected, CityFit has the right to revoke the membership status of the club.
    u) Organized activities

    • Organized classes include all classes conducted in groups of at least 2 people.
    • Organized classes must be agreed in advance with CityFit and take place on the terms set out with the CityFit representative. Contact for details about wspolpraca@cityfit.pl.
    • One person can conduct classes with a maximum of 15 people.
    • The organized group stays in the Club under the supervision of a person running organized classes. 
    • In the case of entry of participants into classes organized together with the guardian, he is obliged to remain permanently at the group. In such a situation, the guardian should also be responsible:
      – to familiarize participants with classes organized before entering the Club with the rules in it,
      – arranging all the formalities related to entering and leaving participants for organized classes in the manager’s office,
      – control of the behavior of participants of classes organized during their stay in the Club, maintaining discipline among participants and preventing the destruction of property or equipment in the Club.
    • Group guardian is responsible for non-compliance by the participants of the group of applicable regulations, as well as for any damages caused by participants of classes organized during its stay in the CityFit Club.
  35. MEDICAL SERVICES PACKAGE

  36. CityFit offers Medicover Medical Services Package for sale as part of the services provided. The type and price list of medical services offered for sale by CityFit is available at www.cityfit.pl. Detailed information on the Medicover Medical Services Package, including the terms of providing medical services as part of the Medical Services Package offered for sale by CityFit, are available in Annex No. 1 – OWŚUM.
  37. Medical services under the Package of Medical Services offered for sale by CityFit will be provided by Medicover to the Club Members. The conclusion and validity of the contract for the provision of medical services by Medicover under the Medical Services Package depends on the fulfillment of the conditions set out in points 26) and 27) below.
  38. The only person authorized to conclude an agreement for the provision of medical services by Medicover under the Medical Services Package is a natural person who meets all of the following conditions jointly:
    • is a Club Member,
    • is 18 years of age and has not exceeded 67 years of age, 
    • has an active Standard Pass, a Double Pack, a Multipak, a 365 Pass, or a service package called MultiZdrowie,
    • will make a payment for a given Medical Services Package or for a package of services called MultiZdrowie, which includes a Medical Services Package with a payment card via the CityFit website www.cityfit.pl;
  39. Active Standard Pass, Dwupak, Multipak entitling to enter into a contract for the provision of medical services under the Medical Services Package is Standard Pass, Double Pack, Multipak activated, in relation to which the membership has not been frozen or terminated, which was bought by a Club Member before using Medical Services Package or which has been purchased by a Club Member with the purchase of a Medical Services Package. In the case of 365 Karnet, the active 365 is a subscription card which has been bought by a Club Member with the purchase of a Medical Services Package, and for which the membership has not been frozen or terminated at a later date.
  40. The contract for the provision of medical services by Medicover as part of the Medical Services Package enters into force:
    • in relation to Club Members who have purchased the Standard Pass, Dupak, Multipak or 365 Pass including the Medical Services Package – on the day of activation of the above mentioned ticket, purchase of the selected Medical Services Package and registration of purchase and full payment of the Medical Services Package in the CityFit system, and in the case of purchasing a package called MultiZdrowie, which includes the Medical Services Package as of the activation date of the package and its full payment. After completing the above activities, the Medical Services Package will be active within 24 hours, with the reservation that up to 24 h do not include Saturday and Sunday and public holidays, in which case the activation will take place on the next working day,
    • in relation to Club Members who, as at the date of purchase of the Medical Services Package, had a Standard Pass, Dwupak, Multipak – with the first day of the next billing period in which the Medical Services Package was purchased and fully paid up;
  41. The contract for the provision of medical services is automatically terminated, with effect at the end of the Settlement Period, in the case of:
    • loss of membership as a result of the Member’s voluntary resignation from membership, as a result of the Club Member’s failure to pay fees for the subsequent period in accordance with item 6 above, in the case of CityFit being deprived of membership by the Member in accordance with item 8 above,
    • resignation by the Club Member from the Medical Services Package; In the case described above, the conclusion of another contract for the Medical Services Package is possible after the lapse of 14 months following the date on which the contract for the provision of medical services was concluded.
  42. CityFit is entitled to terminate the contract for the Medical Services Package for an indefinite period after 12 months by giving notice, with one month’s notice with effect at the end of the settlement period in case CityFit can not provide medical services under the conditions offered at the time of purchase by the Member club.
  43. If the Member of the Club has frozen membership and during the freeze he will purchase the Medical Services Package, the membership will be automatically unfrozen. For automatic frostbite, the provisions of point 12 above apply accordingly. 
  44. Club members have the right to withdraw from the contract for the Medical Services Package within 14 days from the date of its conclusion. The amount paid by the Member of the Club for the price resulting from the conclusion of the above-mentioned contract will be refunded within 14 days from the date of receipt of the statement of withdrawal, provided that the Club Member did not use the benefits covered by the Medical Services Package and did not make a statement requesting to start the service medical services before the deadline for withdrawal from the Agreement referred to in the first sentence of this point. To return the above amounts of money, item 22 applies accordingly.
  45. The fee for the Medical Services Package may change during the term of the Agreement consisting in increasing the fee, but not earlier than after the period of 12 months from the date of purchase by the Club Member of the Medical Services Package.
  46. Changing the fee referred to in point 33 above may take place in the event of an increase in the prices of services provided by Medicover, which provides medical services on behalf of CityFit for members of the Club.
  47. If the fee referred to in point 33 above increases, CityFit may decide to increase the fee in proportion to the price increase referred to in point 34 above. 
  48. CityFit informs, on a durable medium, in particular in writing or electronically of the Club Member, about the scope of introduced changes regarding the change of the fee for the Medical Services Package no later than 7 days before the date of entry into force of the new fee.
  49. A member of the Club has the right before the proposed date of entry into force of changes concerning the fee for the Medical Services Package:
    a) Terminate the Contract for Medical Services Package with immediate effect,
    b) Submit an objection without saying the Agreement for the Medical Services Package, which results in expiration of the new fee for the Medical Services Package on the day preceding the day of entry into force,
    c) Non-objection to the proposed changes is tantamount to their acceptance. 
  50. PROTECTION OF PERSONAL DATA AND PRIVACY POLICY 

  51. Administrator of Personal Data:
    a) Club members who have concluded the Agreement prior to 31/08/2018 at 11:59 and interested parties (statutory members of the Club Members who concluded the Agreement before 31/08/2018 at 11:59 or persons wishing to conclude with CityFit sp. Z o. O. contract) in the case of Clubs CityFit Plaza Rzeszów, CityFit Rondo ONZ, CityFit Targówek, CityFit Lublin, CityFit Bielsko-Biała, CityFit Gdańsk, CityFit Katowice, CityFIt Bydgoszcz, CityFit Wrocław is CityFit sp. z o.o.;
    b) Members of the Club and interested persons (statutory members of the Club Members, or people who want to conclude a contract with CityFit 24/7 sp. Z o.o. CityFit Wałbrzych is CityFit 24/7 Sp. z o.o.; 
    c) Members of the Club and interested persons (members of the Club Members, who are to conclude a City Club Membership Agreement with Clubs CityFit Wroclaw, CityFit Białystok Zielone Wzgórza, CityFit Chorzów AKS, CityFit Krakow Principio, CityFit Warsaw Rondo Wiatraczna, CityFit Poznań Pestka, CityFit Warsaw Wola Plaza, CityFit Warsaw Reduta, CityFit Toruń Plaza, CityFit Warsaw Sadyba Best Mall, in Gliwice at Zwycięstwa 52A St, in Lublin at Lipowa 13 St., in Gdańsk at 7 Targ Sienny St. and from 31/08/2018 at 12:00 noon in the case of Clubs CityFit Plaza Rzeszów, CityFit Rondo ONZ, CityFit Targówek, CityFit Lublin, CityFit Bielsko-Biała, CityFit Gdańsk, CityFit Katowice, CityFit Bydgoszcz, CityFit Wroclaw is CityFit Membership Sp. z o.o. CityFit sp. z o.o. is also the administrator of the data of people visiting the www.cityfit.pl website
    The administrator appointed the Personal Data Protection Inspector (Małgorzata Jankowska) with whom the Club Member or other interested person can contact in electronic form (by sending an e-mail) to iod@cityfit.pl
  52. The administrator of personal data related to the performance of the contract as part of the Medical Services Package offered for sale via CityFit is Medicover. Detailed information on the protection of personal data and the Medicover privacy policy are available at www.medicover.pl. and in Appendix No. 1.
  53. The supervisory body competent in matters concerning personal data is in Poland the President of the Office for Personal Data Protection. A member of the Club or other interested person has the right to lodge a complaint with the supervisory body.
    • -by letter to the following address: Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00-183 Warszawa
    • -via an electronic inbox available at: https://www.uodo.gov.pl/pl/p/kontakt
    • -through email: Kancelaria@uodo.gov.pl
    • -by phone: (22) 531 03 00
  54. The administrator processes personal data for the following purposes:
    a) Provision of services described in the Regulations. 
    As regards fulfilling this objective, the Administrator processes at least the data necessary to create a profile in the Customer Zone, manage payments, to handle queries and complaints or the history of visits to the Club.
    Failure to provide data will prevent the Administrator from providing services.
    b) For marketing purposes, which includes:
    • sending a newsletter, information about events, competitions, promotions, marketing messages regarding services and products, also on electronic communication devices or telephone devices assigned to a Club Member, including those using systems that provide this information automatically,
    • sending commercial information via traditional mail,
    • geolocation of electronic communication devices to send commercial information,
    • combining Club Member’s data with information on its characteristics, behaviors, or preferences, to match commercial information with known or anticipated needs or expectations of a Club Member (so-called profiling),
    • maintaining, displaying websites or communicating through these websites.

    c) In order to perform the legitimate interests of the Administrator to whom they belong:

    • ensuring security in the Club (mainly Club Members but also employees) using monitoring,
    • development and improvement of Administrator’s services,
    • contacting and interacting with a Club Member or an interested person (even by phone, email, letter or responding to posts in social media that have been directed to the Administrator),
    • management of promotions and competitions in which a Club Member or interested person participates,
    • investigation or defense of claims or rights of the Administrator or entity that the Administrator represents,
    • fulfill legal obligations, including binding administrators, orders of authorities and courts.
  55. The administrator will not make decisions based solely on the automated processing of personal data that has been made available to him.
  56. The administrator for the purposes indicated above processes personal data that have been given to him by the Club Member or the interested person shared or collected during interaction with the Club Member or the interested person.
  57. Such data includes:
    a) Data provided during the creation of the profile in the Customer Area and in this profile available: name, surname, address, PESEL number, passport number in the case of foreigners, (optional) company details, contact telephone number, date of birth, credit card details,
    b) Other data related to the provision of services to a Member of the Club – e.g. a model fingerprint to enter the Club, data on training, history of visits, data on submitted complaints, data given in contests, image,
    c) Data on the use of the website stored in the so-called cookies, such as click history, navigation or browsing,
    d) Data on preferences or behaviors – provided by the Club Member or the interested person while browsing the website, competitions, promotional campaigns and events organized in Clubs,
    e) Audio-visual data – recordings related to securing property or property, recording conversations for security purposes or evidence purposes.
  58. The legal basis for the processing of personal data by the Administrator is:
    a) Consent of the person whose data is being processed. Consent is voluntary.
    b) Legitimate interest of the Administrator.
    c) Necessity of processing to perform the contract (provision of services by the Administrator).
  59. The Administrator may provide personal data to other entities with whom he has concluded appropriate agreements. These are the following entities:
    a) Companies from the Administrator’s capital group.
    They perform specific functions on behalf of the Administrator, helping them to provide services to Club Members, organize promotional campaigns or manage information systems used to service clubs. These entities process only data that is necessary to perform their functions and in accordance with the concluded agreements. 
    b) CityFit Membership sp. z o.o.
    In the scope of providing personal training services (“Personal Training”). 
    c) Medicover
    In the provision of medical services, provision of non-medical services (in particular the selection of glasses and corrective lenses).
    d) Trusted Partners.
    These are entities with which the Administrator has business agreements and who provide services to him, such as suppliers:
    • Technology-related services (for example, website support and other business systems used by the Administrator to provide services),
    • Services related to storing, combining and analyzing data,
    • Services related to the processing of payments from credit cards,
    • Courier services,
    • Legal services and other specialized services, as well as services in the field of ensuring security for Club Members. 
  60. The transfer of data does not entitle the recipient to any use of them, but only to use for purposes explicitly indicated by law or the Administrator. In any case, the transfer of data does not release the Administrator from the responsibility for their processing.
  61. Data may also be transferred to public authorities, provided that they are authorized by applicable law and submit a request.
  62. The period of data processing depends on the purpose for which it was collected, from the law or internal regulations adopted by the Administrator, as well as consents and other statements of the Club Member or the person concerned. Essentially, the data will be processed until the basis for processing is available – that is, if the consent is granted until it is withdrawn, restricted or other actions taken by the Club Member or interested party limiting that consent, in the event of the necessity of the data for the provision of services – for the time of their provision, and in the event that the basis for processing the data is the legitimate interest of the Administrator – until such a legitimate interest exists.
  63. Club members or interested parties have the right to:
    a) Requests from the Administrator to access their personal data and the right to rectify them when they are inconsistent with the actual state, and in cases provided for by law to delete them or limit data processing,
    b) To object to the processing of data. The opposition will be reviewed by the Administrator,
    c) Transferring data or obtaining a copy of the data, except that this right can not adversely affect the rights and freedoms of others, including trade secrets or intellectual property, and it will be implemented in a technically possible scope. The first copy of the data is free.
  64. A member of the Club or an interested person also has the right to withdraw the granted consents or authorizations regarding the processing of personal data. This authorization also applies to consents for the Administrator to process data for marketing purposes or authorizations to transfer data to another entity that you gave to the Administrator in the past. Withdrawal of a given consent does not affect the right of the Administrator to process data for the purpose described in this consent until the withdrawal.
  65. The administrator can be contacted at: iod@cityfit.pl 
  66. OTHER PROVISIONS

  67. CityFit has the right to temporarily not provide services and close the Club facility or its part, in order to carry out maintenance works, renovations or other activities that will prove necessary for the proper functioning of the Club and provide services at the highest level.
  68. CityFit has the right to change, delete content and functions made available on portals, including in the Customer Area, and provide new content and functions or completely close the portal at any time. CityFit, taking into account the interests of Members of any such major change, and especially closing the portal for a longer period, will notify Members in advance in an appropriate manner. If you have questions or if you want to do anything when you close the portal, please contact customer service at bok@cityfit.pl.
  69. Prior to joining the Club services for the first time, the client is obliged to read and follow these Regulations. 
  70. In the event of a violation of these Regulations or the behavior of a Club Member contrary to the rules of social coexistence or decency, CityFit has the right to deprive the Club Member of the right of membership with immediate effect. The member of the Club indicated above is obliged to pay CityFit, within 7 days from the loss of membership, a penalty contractual agreement in the amount of 100 (in words: one hundred zlotys), which will be deducted with the claim for the return of unused funds from paid membership. CityFit has the right to claim damages exceeding the amount of the aforementioned penalty as a general rule.
  71. In case of any comments regarding the functioning of the Club, questions, complaints and complaints, please contact us at bok@cityfit.pl. CityFit undertakes to respond to your suggestions within no more than 20 business days.
  72. These regulations enter into force on the day of publication. 
  73. The regulations may change. The content of the changes to the regulations will be informed by CityFit on the website www.cityfit.pl news of amendments to the Regulations containing a list of amendments to the Regulations and maintenance of this information on this page, at least 7 consecutive calendar days, and Club Members will be additionally notified by CityFit by sending to the e-mail address, indicated by them, information containing a list of amendments to the Regulations. The Member of the Club has the right to resign from membership within 7 days from the date of publication.
  74. Amendments to the Regulations, resulting from changes in the generally applicable provisions of law, do not require publication of the amended regulations.

Appendix no. 1 – OWŚUM

§ 1
GENERAL PROVISIONS
Based on these General Conditions for the Provision of Medical Services (hereinafter: OWŚUM) Medicover Sp. z o. o. based in Warsaw Al. Jerozolimskie 96 (hereinafter referred to as Medicover) will provide Medical Services to CityFit clients.

§ 2
DEFINITIONS
The terms used in this Agreement are understood as:

  1. Medicover Center – A medical facility belonging to Medicover Sp. z o. o. i / or Placówka Medyczna being in the franchise network of Medicover Sp. z o. o., excluding Medicover Hospitals
  2. Customer Service Center – a helpline where the client can arrange a date and place of performing a medical service or obtain information on the performance of a medical service.
  3. Illness– health of the Authorized, which according to the current state of medical knowledge, requires treatment or diagnosis.
  4. CityFit – CityFit z o.o. with headquarters in Warsaw at ul. Twarda 18, Warsaw entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Warsaw, XII Commercial Division of the National Court Register under number KRS: 0000489476, NIP 525-257-43-64, Regon: 14700597
  5. Hot Line Medicover – 24-hour telephone service, under which the Entitled person can get help in case of a sudden illness or accident, according to the scope of the contract.
  6. Client – a person concluding an Agreement with CityFit.
  7. Sudden illness– the medical condition was created in a sudden and unintentional manner, during the term of the contract, directly threatening the life or health of the Authorized Person, requiring immediate medical help and treatment.
  8. An unfortunate accident – a sudden event, caused only by an external cause, arising during the period of the contract, as a result of which the Entitled person, regardless of his will, suffered physical injuries. An unfortunate accident is not considered a heart attack, stroke or any other disease, including sudden abnormalities. The scope of the contract includes direct consequences of an Unfortunate accident, i.e. those that occurred and were subject to diagnosis and / or treatment within 7 days from the date of an Unfortunate accident.
  9. Area of providing benefits – the area within which ambulance services and site visits are provided. Information on the current area of providing benefits is available on the website www.medicover.pl and under the number of the Customer Service Center.
  10. Medical facility – acting in accordance with the law applicable in Poland, an entity authorized to provide health services, i.e. a medical entity, a natural person performing a medical profession, i.e. a person who, under separate regulations, is entitled to provide health services (including a doctor, nurse, midwife) as part of an individual practice or individual specialist practice) and a person who has acquired a professional qualification to provide health services in a specific area or in a specific field of medicine, group medical practice, group practice of nurses or midwives, where the entitled person can obtain medical service.
  11. Medicover Medical facility – Medicover Centers and Medical Facilities with which Medicover Sp. z o. o. concluded cooperation agreements. The list of Medicover Medical Facilities and the scope of Medical Services provided in each of them is available on the website www.medicover.pl and under the number of the Customer Service Center.
  12. Agreement the contract concluded between the Client and CityFit based on separate arrangements.
  13. Authorized – an adult natural person who at the time of conclusion of the Agreement is under 65, who is a Customer or a person indicated by the Customer for whom the Medical Services are to be provided.
  14. Medical service – medical, medical or diagnostic examination, ambulatory, rehabilitation or hospitalization procedure, necessary from a medical point of view, consistent with the selected scope of the contract, aimed at maintaining, restoring or improving the health of the Eligible Person, including preventive actions.
  15. Medical indications – occurrence of circumstances in which a given procedure conducted for diagnostic and therapeutic purposes is justified from the medical point of view, i.e. based on proven medical knowledge, in particular on guidelines and standards of conduct. Medical indications may refer to the performance of examinations, specialist consultations, prescribing medication, hospitalization, performance of the procedure / procedure, issuing a certificate of incapacity for work, prevention, may also determine the urgency of the given action and the terms of service delivery. Medical indications are verified by Medicover.
  16. Outpatient procedures – diagnostic and therapeutic Medical services listed in the relevant Scope of the contract made for medical indications under local or infiltration anesthesia (in the surgical area), in the operating room of an outpatient clinic (outpatient clinic), based on a referral issued by a physician of the Medicover Medical Center. The service is not subject to the scope of outpatient procedures and within this scope will not be provided if due to the age or state of health of the Eligible Person and changing the standards of service delivery and guidelines for medical treatment for its effective and safe implementation will be necessary Specialist treatment room or other type of anesthesia. Depending on the conditions necessary to perform the service, it will be treated as a highly specialized procedure, 1 day surgery or hospital service and can be performed in accordance with the scope of the contract.
  17. The scope of the contract – Medical services vested in the Eligible Person, determined separately under the Agreement.

§ 3
SUBJECT AND SCOPE OF THE AGREEMENT

  1. Execution of the provisions of the Agreement consists in making the Medicenter available to the Beneficiary in Medicover Medical Facilities during the term of the contract, in accordance with the chosen scope of the contract and on the terms specified in the OWŚUM, whose need for implementation appeared during the term of the Contract – taking care of.
  2. The scope of the contract is chosen by the Customer separately on the basis of the CityFit offer available at www.cityfit.pl
  3. Medicover reserves the right to change Medicover Medical Facilities during the term of the Agreement for the following important reasons:
    a) termination of the contract with the Medicover Medical Facility,
    b) temporary cessation of activity – completely or within the scope of certain units or organizational units of a Medicover Medical Facility,
    c) deleting the Medicover Medical Center from the proper register in whole or in part,
    d) announcing or ordering the liquidation, transformation or bankruptcy of the Medicover Medical Facility,
    e) obtaining by the new Medical Institution the status of a Medicover Medical Facility within the meaning of OWŚUM.
    The current list of Medicover Medical Centers is available on the website www.medicover.pl and under the number of the Customer Service Center.

§ 4
LIMITATIONS OF PERFORMANCE OF THE CONTRACT

  1. Medicover is not liable does not provide Medical Services) if the Medical Service regarding the Beneficiary is the result or is caused:
    a) HIV infection or AIDS,
    b) diagnostics, treatment, surgery or surgery related to gender change,
    c) diagnostics, treatment, surgery or surgery in the field of:
    • dentistry, oral surgery (with the exception of services included in the Medical Care Program),
    • plastic and / or reconstructive surgery (with the exception of absolute medical indications where non-performance of a given procedure may pose a threat to physical health or life) 
    • aesthetic medicine or cosmetics, also in the case when the implementation of the above procedures was related to the treatment of consequences of an accident, regardless of the date of its occurrence,

    d) conducting chronic dialysis treatment,
    e) conducting medically deemed treatment as experimental or unproven efficacy,
    f) Intentional self-mutilation, suicide attempt or exposing yourself to unnecessary danger beyond attempts to save another’s life,
    g) being under the influence of drugs or other intoxicating substances within the meaning of the Act of October 26, 1992. about upbringing in sobriety and counteracting alcoholism,
    h) staying under the influence of drugs limiting the ability to drive a motor vehicle or operate machinery and equipment, as long as, according to the information provided by the manufacturer, its use affects the ability to drive, drive a motor vehicle or other vehicle, if the Authorized did not have the right to drive or if the Eligible Person has temporarily or permanently retained the documents confirming these rights, in accordance with applicable regulations, and also if the vehicle did not meet the requirements related to its use under the separate regulations, i.e. if the vehicle was not allowed to move, and in the case of vehicles subject to registration, if not had an important technical examination,
    i) an accident or illness arising in connection with military service and / or paramilitary units, military operations, participation in peace or stabilization missions, acts of terror or active participation of the Entrant in riots, riots or acts of violence, or during martial law, emergency or state of defeat disaster,
    j) practicing amateur sports or extreme sports, i.e. sports, whose cultivation is associated with a high probability of suffering injury, requiring above-average physical or mental abilities and proper preparation, in particular related to:

    • using aircraft (aircraft, balloons, gliders, paragliders),
    • using a parachute, hang gliders, including those equipped with an engine,
    • speleology and exploration of caves,
    • practicing any martial art,
    • diving with the use of specialized equipment, rafting, surfing, windsurfing, kitesurfing
    • car and motorcycle races,
    • motor and motorboat sports, skiing and water scooters, quad riding,
    • mountain biking, bobsleighs,
    • jumping on a rope, bungee, ski jumping,
    • climbing – mountain, rock, ice, mountaineering,
    • skiing and snowboarding except for recreational activities on designated routes,
    • equitation with the exception of recreational cultivation,
    • hunting,
    • running over a distance of more than 10 km.

    Within the meaning of these OWŚU, practicing extreme sport is also understood as a one-off undertaking or performance of such activity or participation in sports competitions with the above mentioned nature.
    k) treatment in spa hospitals, sanatoriums,
    l) detoxification after using drugs or other intoxicants, tobacco or alcohol,
    m) an epidemic announced or confirmed by relevant state administration bodies,
    n) diagnostics and treatment of infertility, including in particular using methods of assisted reproduction (diagnostic tests performed for this purpose),

  2. Medicover does not bear the costs of purchasing drugs, prostheses, implants, stimulators, pacemakers, valves, lenses, correction devices (including the purchase of optical glasses and contact lenses)
  3. Due to the development of medicine or a change in the standard of providing medical services (resulting from the patient’s safety assessment and reducing the risk of complications) and guidelines for medical treatment and methods of performing laboratory tests, the name or method of performing services available under the scope of the contract may change. In the case of the emergence of new medical services (including vaccines), the provision of which will be associated with the extension of the scope of services – these services will not be available under the scope of the contract.

§ 5
BENEFITS

  1. The entitled person is entitled to medical services justified from a medical point of view, covered by the selected scope of the Contract.
  2. Medicover has the right to refuse to provide a benefit in the event that the Beneficiary, in accordance with the current state of medical knowledge, does not require the performance of the Medical Service or its performance would endanger the health or life of the Eligible Person.
  3. In order to obtain the Medical Service, the Authorized should:
    a) contact the Customer Service Center or a selected Medicover Medical Facility – in person, by telephone or through other communication channels provided by a given Medicover Medical Facility,
    b) agree on the date of completion of the Medical Service and arrive at the agreed date to the Medicover Medical Facility or inform this institution about the resignation of the medical service no later than 6 hours before its date,
    c) show a photo ID with the Medicover Medical Facility to confirm the identity of the Eligible Person; Medicover reserves that if it is not possible to identify the Entitled Person, the Medicover Medical Facility may refuse to perform the Medical Service, except for the life-threatening situation of the Authorized,
    d) follow the regulations of the Medicover Medical Center and follow the instructions and instructions received from its staff.

§ 6
RESPONSIBILITY

  1. Medicover’s liability for services rendered expires:
    a) with expiration, termination of the Contract – for any reason, expiration or termination, 
    b) in the event of the Customer’s death, on the next working day, after receiving information by Medicover,
    c) in relation to a specific Eligible Person: in the event of death of the Eligible Person, on the next business day, after receiving information by Medicover, on the last day of the contract, when the Entitled person has completed the age of 65.

§ 7
PROCEEDINGS IN COMPLAINTS AND COMPLAINTS

  1. All complaints, requests and complaints regarding the provision of Medical Services, including in particular their quality, availability, timeliness, should be directed by the Customer directly to Medicover.
  2. Complaints addressed to Medicover, are considered within 30 days of their receipt, and about the manner of their consideration, the person who submitted them is informed immediately after their consideration.

§ 8
INFORMATION CLAUSE

Basic information regarding the processing of personal data
Data administrator
Medicover Sp. z o. o, Al. Jerozolimskie 96, 00-807 Warszawa
The purposes of processing
contract for medical care, provision of medical services, provision of non-medical services (in particular the selection of eyeglasses and corrective lenses), direct marketing of personal data services (including profiling), financial settlements and debt collection, complaint handling, archiving and statistics.
Legal basis for processing
legal obligation, contract for medical care, contract for the provision of non-medical services, our legitimate interest
Recipients of data
entities processing personal data on behalf of the data controller, entities authorized by law, entities authorized by you
Data sources and obtained data
an entity that has entered into a health care contract (applies to persons for whom services are provided under group contracts), a natural person who has concluded a medical and non-medical care contract.
 Rights related to data processing
the right to object to the processing of data for marketing purposes, the right to object to the processing of data due to the special situation, the right to data transfer, the right of access to data, other rights referred to in the detailed information on data processing.

Detailed information on the processing of personal data by Medicover Sp. z o. o, Al. Jerozolimskie 96, 00-807 Warszawa

  1. Data Protection Officer
    The administrator of your personal data will be Medicover Sp. z o.o., Al. Jerozolimskie 96, 00-807 Warszawa (hereinafter: us). You can contact us in the following way:
    • by letter to the following address: Dział Obsługi Klienta, Medicover Sp. z o. o, Al. Jerozolimskie 96, 00-807 Warszawa
    • via the contact form on www.medicover.pl
    • via e-mail: dok@medicover.pl
    • by phone: 500 900 500
  2. Data Protection Officer
    We have appointed a data protection officer. It is a person you can contact in all matters relating to the processing of personal data and the use of rights related to data processing. You can contact the inspector in the following way:
    • by letter to the following address: Al. Jerozolimskie 96, 00-807 Warszawa
    • via e-mail: IOD@medicover.pl
  3. The purposes of processing your personal data and the legal basis for processing
    We will process your personal information to:
    a) sign the medical care contract with you, 
    b) provide you with non-medical services consisting of on the selection of glasses and corrective lenses,
    c) make settlements in the business title, 
    d) handle complaints if they are received, 
    e) provide materials promoting the products and services of the data controller, 
    f) archive your data in accordance with the law,
    g) ensure the safety of persons and property (video monitoring of the clinic).
    The legal basis for the processing of your data is:
    h) contract for medical care, 
    i) contract for the provision of non-medical services,
    j) the legitimate interest of direct marketing of the data controller’s own services (including profiling) and pursuing claims, as well as ensuring the safety of persons and property,
    k) law.
  4. Information on profiling 
    On the basis of your personal data, we make profiling, which is an automatic assessment of certain personal factors regarding you. We make profiling to properly select communication materials and promote the activity of the data controller. Based on your profile, we will choose the right content of information and promotional materials. 
    For profiling, we use the following data: patient number, first name, last name, age, gender, language, date of birth, city, places visited, type of purchased product, source of data. In addition, when profiling, we take into account statistics on the behavior of websites and mobile applications, the use of the Medicover Online patient portal and preferences expressed in Medicover Poland sites and applications.
  5. The period of storage of your personal data
    Data that we process on the basis of a medical care contract for the provision of medical and non-medical services, we will store for the time specified by the contract for medical care, law, and in the legitimate interests of the controller (marketing including profiling) until the opposition.
  6. Recipients of your personal data
    We will pass your personal data to:
    • entities that process data on behalf of the data controller,
    • entities entitled by law,
    • entities authorized by you.
  7. Your rights related to the processing of personal data
    You have the following rights related to the processing of personal data:
    a) the right to object to the processing of data for marketing purposes – as we process your data for marketing purposes on the basis of a legitimate interest,
    b) the right to object to the processing of data due to a special situation – in cases where we process your data on the basis of our legitimate interest,
    c) the right to access your personal data,
    d) the right to request the correction of your personal data,
    e) the right to request removal of your personal data only if we are not obliged by law to process it,
    f) the right to request a restriction on the processing of your personal data,
    g) the right to transfer your personal data, i.e. the right to receive your personal data from us, in a structured, commonly used computer readable format. You can send this data to another data administrator or request that we send your data to another administrator. However, we will do this only if such a message is technically possible. 
    To use the above rights, contact us or our data protection officer (contact details in points 1 and 2 above).
    The right to lodge a complaint to the authority
    You also have the right to lodge a complaint with a supervisory body that deals with the protection of personal data, i.e. the President of the Office for the Protection of Personal Data.
  8. Obligation to provide data
    The receipt of personal data was dictated by the condition of the provision of medical care and the statutory requirement.

§ 9
FINAL PROVISIONS

  1. All notifications and declarations addressed to Medicover should be submitted in writing with a receipt or sent by registered mail or by e-mail at dok@medicover.pl
  2. All notices and declarations will be directed to the customer and / or the Entitled person in writing and sent by regular or registered letter, to the correspondence address of the Customer and / or the Eligible Person or electronically to the e-mail address provided by the CityFit Customer. 

These OWŚM are introduced on November 22, 2018