Terms of service
1. SUBJECT MATTER AND DEFINITIONS
1.1 These general terms and conditions (hereinafter, the "General Conditions") contain the terms and conditions that govern the provision of courses available on the www.lakecomowellness.it website (hereinafter, "the Site"), as well as the registration and use of the services provided at the Provider located in Como, Via Maurizio Monti n. 44 (hereinafter, the "Services").
1.2 These General Terms and Conditions are stipulated between the end user of the Services (hereinafter, the "User" or "Customer") and the Provider, whose identification data are specified in the registration contract concluded via the internet.
1.3 These General Terms and Conditions and the information on the processing of personal data are an integral part of the registration contract entered into by the Customer with the Supplier.
2. REGISTRATION AND ACCESS TO SERVICES
2.1 The Customer must be of legal age (except for children's Yoga courses) and must: a) Register on the Momoyoga platform or fill in the form on this page; b) Provide a photocopy of an identity document and tax code, or alternatively, fill in the section at the beginning of this document c) Deliver a medical certificate of fitness for non-competitive sporting activity if resident in Italy.
2.3 The Supplier reserves the right to accept or reject the registration proposal at its discretion.
2.4 Upon completion of the contract, the Supplier shall provide the Client with a personal and non-transferable membership card, which confers the right to access the premises and use the services.
2.5 the Client declares that he/she is in good health and that he/she is not in any condition incompatible with participation in the services and courses offered by the Supplier.
In addition, the Customer declares that he/she is aware that the services and courses offered by the Supplier are not suitable for pregnant persons, unless expressly specified. For this reason, the Customer undertakes to promptly communicate any occurrence of a situation of incompatibility with participation in the courses.
3. PRICES AND PAYMENT METHODS for the studio classes
3.1 Annual registration costs € 20.00 and is a condition for being able to subscribe to the lesson packages, the prices of which are indicated on the Website for each type of Service. Registration is valid from the time of payment until the following August 31 inclusive.
4. RENEWAL AND SUSPENSION OF REGISTRATION FOR INDIVIDUAL SERVICES - where applicable
4.1 The renewal of the annual membership is not automatic.
4.2 Individual services and lesson packages have an expiration date, communicated on the website and Momoyoga. After that date, it will no longer be possible to use the credits left unused for reasons not attributable to the supplier or ask for a refund.
4.3. The deadline within which a customer can cancel the registration for a class is communicated on the website, and on the Momoyoga platform. After this deadline it is no longer possible to cancel, the lesson is not refunded and the credit is deducted from the package/single lesson.
5. ACCESS TO THE PREMISES
5.1 The Supplier allows Customers access to the premises in Como, Via Maurizio Monti n.44 (hereinafter, "the Premises") for the enjoyment of the services purchased.
5.2 The Client is required to carefully read the information displayed by the Supplier within the Premises, undertaking to comply with such recommendations.
6. RULES OF CONDUCT
6.1 The Customer must observe the rules of conduct established by the Supplier, showing respect for other Customers and employees, refraining from conduct that may put their own and others' health and safety at risk.
6.2 It is forbidden to bring and take drugs or alcohol into the Premises. In addition, smoking and access to the Premises is prohibited in the event that you are suffering from infections or contagious diseases or other ailments that involve risks to the health and safety of others.
6.3 It is absolutely forbidden to make video footage or take photographs inside the premises of the structure, including weight room, training rooms, changing rooms, relaxation areas and any other common area, without express written authorization from the management. Violation of this prohibition may result in disciplinary measures, the temporary suspension of the subscription or, in the most serious cases, the immediate termination of the registration contract, with the right to take legal action to protect the structure and its members.
7. MODIFICATIONS, SUSPENSION AND TERMINATION OF THE CONTRACT
7.1 In the event of suspension of the services due to renovation work or other reasons, the Supplier will offer the Client an extension of the membership or the possibility of withdrawing from the contract.
7.2 The contract may be terminated by the Client in the event of force majeure or by the Supplier in the event of serious breaches of the rules of conduct or non-payment.
8. PRIVACY AND PROCESSING OF PERSONAL DATA
8.1 The Supplier will process the Customers' personal data in compliance with the GDPR and national legislation (Legislative Decree 196/2003 and subsequent amendments), as better specified in the information signed by the Customers at the time of registration.
9. CUSTOMER REPRESENTATIONS AND WARRANTIES
9.1 The Client represents and warrants:
- to have read and understood these General Conditions;
- to be in good health and to be able to access the Services and therefore guarantees and indemnifies the Supplier from now on with regard to any event that causes damage to oneself or others (by way of example: accident, illness and/or physical problem);
9.2 Except where expressly specified in these General Conditions, the Owner does not make any representation or warranty, express or implied, regarding the Service.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 In the event of damage or injury suffered by the Customer in connection with the provision of the Services, the Supplier shall not be liable beyond the value of the purchase price of the relevant Service.
10.2 The Client undertakes to indemnify and hold the Supplier harmless from any damage, liability, claim or claim for compensation, including reasonable legal defence costs, made by third parties as a result of the Client's use of the Services in a manner that does not comply with these General Terms and Conditions and notices displayed on the Premises, and/or breaches of the conditions set out therein, and/or breach of the representations and warranties set out in these General Terms and Conditions.
11. ACCEPTANCE OF TERMS
By registering on the Site, the Customer declares that he is aware of these General Conditions, published therein, which he declares to have understood and accepted without reservation. You also declare that you have correctly provided your personal data.
Privacy policy relating to the processing of personal data pursuant to articles 13 and 14 of EU regulation 2016/679 (GDPR)
Dear user,
as Data Controllers, in compliance with the obligations deriving from the General Regulation for the protection of personal data no. 2016/679 (GDPR), in particular art. 13 and 14, and national legislation, we inform you that we respect and protect the privacy of visitors and users of the site by operating in compliance with the principles of correctness, lawfulness and transparency. In particular, we would like to provide you with the following information:
The Data Controller of personal data pursuant to the laws in force is: Lake Como Wellness di Aldeghi Manuela, which can be contacted at the team@lakecomowellness.com email or address specified.
Data collected: Lake Como Wellness collects data directly from data subjects, in two ways.
Data collected automatically by the www.lakecomowellness.com site
During Users' browsing, the following information may be collected and stored in the server log files (hosting), in some cases also in the site database: Internet Protocol (IP) address; browser type; parameters of the device used to connect to the site; name of the Internet Service Provider (ISP); date and time of visit; the visitor's referring and exit web page; possibly the number of clicks.
These data are used for statistical and analytical purposes, in aggregate form only. None of this information is related to the natural person-user of the site, and does not allow in any way to identify him/her. The IP address is used exclusively for security purposes and is not cross-referenced with any other data.
Data provided voluntarily.
Lake Como wellness may collect other data in the event of voluntary use of services by Users, such as communication services, purchase services (shopping cart). These data, used exclusively for the provision of the requested service, may be the following: name and surname; date and place of birth; email address; Residential address, identity document; VAT number and/or tax code; payment methods and bank details.
The User exempts the Data Controller from any liability for any violations of the law, guaranteeing that he has the right to communicate or disseminate the data. It is up to the User to verify that he/she has the permissions and rights for the entry of personal data of third parties or content protected by national and international regulations (e.g. copyright).
The services provided by the site are generally not aimed at individuals under the age of 16, and therefore we do not knowingly record their data.
Methods of data processing
The processing of personal data is mainly carried out using paper, computer and telematic tools in compliance with the regulations in force and in particular with the principles of correctness, lawfulness, transparency, relevance, completeness and non-excessiveness, accuracy and with organisational and processing logics strictly related to the purposes pursued and in any case in such a way as to guarantee a high level of security, the integrity and confidentiality of the data processed, in compliance with the organizational, physical and logical measures and in compliance with the provisions of art. 32 of European Regulation 2016/679 (GDPR) as well as industry practices. The company does not carry out profiling activities of its users' data.
Purpose of the processing
The data is used for the purposes for which it was collected, unless it is reasonably possible to use it for compatible purposes under applicable laws.
Service Provision
The data are mainly used for the execution of the services requested by the Users, as well as for the fulfilment of related legal obligations and for the protection of contractual rights. The data are processed in order to protect the security of the website (spam filters, firewalls, virus detection), users and their information, and to prevent or unmask fraud or abuse (e.g. SPAM) to the detriment of the website. They are automatically recorded and may also include personal data (IP address) that could be used, in accordance with the laws in force on the subject, in order to block attempts to damage the site itself or to cause damage to other users, or in any case harmful or criminal activities. These data are never used for the identification or profiling of the User and are periodically deleted. In addition, the data is processed to manage orders, provide products and services, manage the warranty on products and services, process payments, communicate with users about orders, products, services and promotional offers, update records and, in general, manage user accounts, display content such as wish lists and customer reviews and recommend products and services that may be of interest to users.
Ancillary activities
The data may be communicated to third parties who perform functions necessary or instrumental to the operation of the service (e.g. companies that manage the information system and the website), and to allow third parties to carry out technical, logistical and other activities on our behalf.
The Data Controller uses suppliers to carry out certain activities, such as fulfilling orders, delivering parcels, sending traditional mail, analysing data, providing marketing assistance, making credit card payments and providing customer services.
Providers have access only to personal data that is necessary to perform their tasks, undertake not to use the data for any other purpose, and are required to process personal data in accordance with applicable laws.
Legal basis of the processing
The data relating to the performance of the courses and those functional or instrumental to the performance of the offers, are processed on the basis of the fulfilment of contractual and pre-contractual obligations. The refusal to provide such data precludes the execution of the contract and exposes the interested party to a possible liability for breach of contract. The data for tax compliance and the keeping of accounting records, necessary in order to use the services provided for a fee, and for invoicing purposes, are processed according to legal obligations. Refusal to provide such data prevents the fulfilment of the obligation and possibly also exposes the data subject to sanctions provided for by the legal system.
Marketing/advertising data are processed based on the consent of users. Consent is provided by consent in the form and banner on the website with which Users consent to the processing of their personal data in relation to the methods and purposes described below, including any dissemination to third parties if necessary for the provision of a service, or through communication or service request forms (e.g. newsletters) that collect further specific consents with respect to the purpose of the service.
The provision of data and therefore consent to the collection and processing of data is optional, the User can deny consent, and can revoke consent already provided at any time (through the banner at the bottom of the page or the browser settings for cookies, or the Contact link). However, denying consent may make it impossible to provide some services and the browsing experience on the site would be compromised.
Data for the security of the site and company assets and for the prevention of abuse and SPAM, as well as data for the analysis of site traffic (statistics) in aggregate form, are processed on the basis of the legitimate interest of the Data Controller in the security of the site and user information. The processing of data for commercial communications relating to products and/or services similar to those already purchased and/or subscribed to by the user (soft spam) is also based on a legitimate interest of the Data Controller.
Place of processing
The data collected by the site are processed at the headquarters of the Data Controller, and at the web hosting datacenter. Web hosting, www.squarespace.com which is responsible for data processing by processing data on behalf of the owner, is located in the European Economic Area and acts in accordance with European standards.
Data retention
The data are stored for the time necessary in relation to the purposes for which they were collected, and in any case not beyond the time prescribed by law. In the absence of rules or practices that provide for different retention times, the data will be used, balancing the interests of the data controller and the rights of the data subjects, for a time appropriate to the interest expressed by the data subject and stored for the minimum period necessary in compliance with the indications contained in the sector legislation. The data may be processed for additional periods in the event that the processing is necessary to defend or assert a right or by order of the authorities. The data collected are processed for the following periods:
- Purpose of providing services: the data are stored until the expiry of the contract, some data are kept until the end of the period useful for legal protection;
- Shopping purposes: the data are stored until the warranty expires or until the end of the period useful for legal protection;
- sending newsletters and related purposes: until the user unsubscribes, through the link in each e-mail;
- data necessary for tax, accounting, tax and anti-money laundering purposes: they are kept until the assessments relating to the corresponding tax period are defined, therefore for at least 10 years (Article 2220 of the Italian Civil Code) and more if the relevant year is not yet prescribed for tax purposes.
Recipients of the data
The data collected are not transferred, but may be communicated to third parties who provide services or otherwise process data on behalf of the Data Controller, such as: suppliers of IT and functional services of the site; outsourced or cloud computing service providers; payment or credit service providers; professionals or consultants. Third parties process the User's data exclusively for the purposes indicated in this policy and in compliance with the provisions of the applicable legislation.
Security Precautions
We process the data of visitors and users in a lawful and fair manner, adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of data. We are committed to protecting the security of your personal data when you send it. The processing is carried out using IT and/or telematic tools, with organizational methods and logics strictly related to the purposes indicated.
However, it is essential that the User adopts appropriate protection measures to protect the credentials for accessing the service, thus avoiding unauthorized access.
Rights of the data subjects
The User may exercise the following rights at any time:
- the right to access your data and know its origin, purposes and retention period, details of the Data Controller and the subjects to whom the data have been communicated, whether the data are transferred to a third country and information on the guarantees for the transfer;
- the right to obtain a copy of the data provided within the limits of reasonableness;
- revoke the consent given at any time without the need to give reasons, but without prejudice to the processing carried out up to that moment;
- the right to update or correct their data;
- the right to object in whole or in part to the processing carried out on the basis of the legitimate interests of the data controller, unless there is a legitimate reason to continue the processing, such as the exercise of rights in court;
- the right to object to the processing of personal data for marketing or commercial communication purposes;
- the right to request the deletion of their data (even after the withdrawal of consent), if they are no longer necessary for the purposes of the Data Controller, in the event of withdrawal of consent, objection to processing, processing in violation of the law, or if there is a legal obligation to delete;
- right to restriction, i.e. to obtain the blocking of processing in the event of violation of the conditions of lawfulness, but also if the data subject requests the rectification of the data (pending rectification) or opposes their processing (pending the decision of the data controller), in which case the data will not be processed except for the storage of the same;
- the right to data portability, i.e. in cases of processing based on consent or contractual necessity, the right to receive or transmit to another indicated controller, at the sole cost of any support, your data provided to the Data Controller, in a structured and readable form by a data processor and in a format commonly used by an electronic device;
- right to lodge a complaint with the Supervisory Authority (Data Protection Authority – link to the Authority's page:
http://www.garanteprivacy.it/web/guest/home/docweb/-/docweb-display/docweb/4535524 );
- the right to know the existence of automated decision-making, including profiling, and meaningful information about the logic used, as well as the significance and envisaged consequences of such processing for you.
To exercise your rights, it may be necessary to provide documentation to identify you (copy of an identity document), to certify the legitimacy of the request and prevent your data from falling into the wrong hands. The deadlines for responding to requests are 30 days, which can be extended in special cases by another 30 days.
Requests must be sent to the Data Controller.
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