Last Updated on November 1, 2021 [Automatically translated from PT_pt original]

1 – WHAT IS PERSONAL DATA AND WHAT CATEGORY OF DATA DO WE PROCESS?

What is personal data?

Personal Data is any information, of any nature and on any medium (eg sound or image), relating to an identified or identifiable natural person.

A person who can be identified directly or indirectly, for example through the name, identification number, location data, electronic identifier or other elements that allow the identification of that natural person, is considered identifiable.

Who are the holders of personal data?

The Customer or User, a natural person, to whom the data relates and who has enjoyed the services or products of VMB - D2DFIT. The Customer will be the person who enters into the contract with VMB - D2DFIT or with one of the companies of the VMB - D2DFIT Group and the User is the person who uses the services or products of VMB - D2DFIT or the companies of the VMB - D2DFIT Group, but which may not correspond to the Customer. For example:

- In the business segment, the contract with VMB - D2DFIT is in the name of the company but the Users are the customers or employees of that company;

- In the private segment, a Customer may purchase various products and services.

In this regard, VMB - D2DFIT informs that it also protects personal data and respects the rights of customers and users.

What categories of personal data do we process?

The categories of data we process are as follows:

types of data

Examples

Identification and contacts and

other identification data

Civil or tax identification numbers, payment details, billing address, telephone contact and e-mail address; date of birth, gender, professional activity and IP (if you registered on the internet)

Service

Products and services purchased or subscribed

2 – WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?

The person responsible for collecting and processing your personal data will be the company that provides you with the service or provides the product and that, in this context, decides which data is collected, means of treatment and purposes for which the data are used.

3 – ON WHAT BASIS CAN WE TREAT YOUR PERSONAL DATA?

These are the circumstances in which we process your personal data:

Consent

When you have your express consent - in writing, orally or through the validation of an option - and prior and if that consent is free, informed, specific and unambiguous. Examples are your consent for VMB - D2DFIT to analyze the use of services and products and make recommendations or send marketing messages, to use your identification data or use of services to send marketing messages from the VMB - D2DFIT Group , your consent for us to use the service information to improve our quality of service;

or

Execution of a contract and pre-contractual steps

When the processing of personal data is necessary for the conclusion, execution and management of the contract entered into with VMB - D2DFIT, such as for the preparation of a proposal for products and/or services for the contact, information and order management, for billing, collection and payment management;

or

Compliance with legal obligation

When the processing of personal data is necessary to comply with a legal obligation to which VMB - D2DFIT is subject, such as the communication of identification data to police, judicial, tax or regulatory entities;

or

Legitimate interest

When the processing of personal data corresponds to a legitimate interest of VMB - D2DFIT or third parties, such as the processing of data to improve the quality of service, the detection of fraud and protection of revenue and when our reasons for their use shall prevail over your data protection rights;

4 – FOR WHAT PURPOSES AND HOW LONG DO WE PROCESS YOUR PERSONAL DATA?

How long do we process your Personal Data?

Your personal data are processed by VMB - D2DFIT only for the period of time necessary to achieve the defined purpose or, as applicable, until you exercise your right to object, right to be forgotten or withdraw consent.

After the respective conservation period has elapsed, VMB - D2DFIT will delete or anonymize the data whenever they should not be kept for a different purpose that may subsist.

For what purposes do we process your Personal Data?

Purposes

Examples of purposes (not exhaustive)

Marketing and Sales

- Marketing or sale of new products or services

- Analysis of consumption profiles

- Adaptation and development of new products or services

Customer Management and Service Provision

- Management of contacts, information or requests

- Complaints management;

- Invoicing, collection and payment

management Accounting, Tax and Administrative Management

- Accounting, invoicing

- Tax information, including sending information to the tax authority

Litigation Management

- Judicial and extrajudicial collection

- Management of other conflicts

Fraud detection, revenue protection and audit

- Fraud and illegal practices detection

- Revenue protection and control

- Credit risk management

- Internal audit and investigation

Network and systems management

Support and improvement of networks and applications that support the service Monitoring, improvement and support of the service

Compliance with legal obligations

- Location of calls to emergency services

- Legal requests

- Investigation, detection and prosecution of serious crimes

- Response to judicial, regulatory and supervisory entities

Information security control

- Access management, logs

- Backup

management - Management of security incidents

What are the deadlines for processing and storing data s personal?

VMB - D2DFIT processes and keeps your personal data according to the purposes for which they are processed.

There are cases where the law requires the processing and storage of data for a minimum period of time, for example, 10 years the data necessary for information to the Tax Authority for accounting or tax purposes.

But, whenever there is no specific legal obligation, then the data will only be processed for the period necessary to fulfill the purposes that motivated its collection and preservation and always in accordance with the law, the guidelines and decisions of the CNPD.

Thus, VMB - D2DFIT will process and keep your personal data for the period in which it maintains a contractual relationship with you.

VMB - D2DFIT may keep other personal data for periods longer than the duration of the contractual relationship, whether based on your consent, or to ensure rights or duties related to the contract, or because it has legitimate interests that underlie it, but always for the period strictly necessary for the achievement of the respective purposes and in accordance with the guidelines and decisions of the CNPD.

Examples are contact for marketing and sales purposes, data preservation within the scope of invoice claim processes, exercise of warranty rights or offers that are of interest to the customer or prospect.

5 – HOW DO WE COLLECT YOUR PERSONAL DATA?

How do we collect your personal data?

We collect personal data with your consent when you purchase products or services from VMB - D2DFIT, when you download or use e-books, quizzes, sessions, offers, products, services and applications from VMB - D2DFIT or when you participate in market research.

The collection can be done orally, in writing or through the VMB website - D2DFIT.

But your personal information may also be collected from publicly available sources or other sources.

How is the indirect collection of your personal data carried out?

In order for you to better understand this indirect collection, we indicate the following cases:

Other relevant information on credit risk or on identification and contact data, for collection management, fraud detection and revenue protection.

VMB - D2DFIT may collect personal data from private entities that maintain relevant information about the credit of the holders of personal data, provided that these bases respect the applicable data protection rules. VMB - D2DFIT may also access, collect or confirm personal data on Public Administration and private entities websites, in particular, to confirm the accuracy of your identification and contact data.

6 - DATA ANALYSIS

Cookie Policy

Information about our use of cookies.

Our website uses cookies to differentiate you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

A cookie is a small file of letters and numbers that we store in your browser or on your computer's hard drive, if you agree. Cookies contain information that is transferred to your computer's hard drive.

The cookies we use are “analytical” cookies. They allow us to recognize and count the number of visitors and see how visitors move around our site when they use it. This helps us to improve the way our website works, for example by ensuring that users find what they are looking for easily. You can find more information about the individual cookies we use and the purposes for which we use them below:

Analytics

The services contained in this section allow the owner to monitor and analyze web traffic and can be used to track user behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the data collected to track and examine the use of this website, prepare reports on its activities and share it with other Google services.

• Google may use the data collected to contextualize and personalize the ads of its own advertising network.
• Personal Data collected: Cookies and Usage Data.
• Processing Location: United States - Privacy Policy - Opt Out.

Facebook Ads Conversion Tracking (Facebook, Inc.)

Facebook Ads Conversion Tracking is an analytics service provided by Facebook, Inc. which connects Facebook advertising network data with actions taken on this website.

• Personal Data collected: Cookies and Usage Data.
• Processing location: United States - Privacy Policy.

Commented Content Content

commenting services allow users to make and post comments about the content of this site.

Depending on the settings chosen by the owner, users can also leave anonymous comments. If there is an email address among the Personal Data provided by the user, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.

If a third-party content commenting service is installed, it may still collect web traffic data for pages where the commenting service is installed, even when Users do not use the content commenting service.

Facebook Comments (Facebook, Inc.)

Facebook Comments is a content comment service provided by Facebook, Inc., allowing the user to leave comments and share them on the Facebook platform.

• Personal Data collected: Cookies and Usage Data.
• Processing location: United States - Privacy Policy.

Email Marketing

We collect your name and email address when you register for a webinar or event, request a free feature or join a waitlist, via systeme.io (Privacy Policy).

We use this data to send you emails about useful advice and industry news and to notify you about services and products you may be interested in. You can unsubscribe from our list at any time.

In addition, we collect your last name and postal address when you purchase a product or course, as part of our payment provider's card verification and sales tax collection process stripe.com or paypal.com.

Remarketing and Behavioral Targeting

This type of service allows this site and its partners to report, optimize and serve advertising based on the user's past use of this site.

This activity is carried out by tracking Usage Data and Cookies, information that is transferred to the partners who manage the remarketing and behavioral targeting activity.

In addition to any opt-out offered by any of the services below, you can opt out of the use of cookies by a third party service by visiting the Network Advertising Initiative.

Facebook Remarketing (Facebook, Inc.)

Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. linking the activity of this website to the Facebook advertising network.

• Personal Data collected: Cookies and Usage Data.
• Processing Location: United States - Privacy Policy - Opt Out.

Facebook Personalized Audience (Facebook, Inc.)

Facebook Personalized Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. linking the activity of this website to the Facebook advertising network.

• Personal Data collected: Cookies and email address.
• Processing Location: United States - Privacy Policy - Opt Out.

Interaction with external social networks and platforms

This type of service allows interaction with social networks or other external platforms directly on the pages of this website.

Interaction and information obtained through this website are always subject to the user's privacy settings for each social network.

This type of service can still collect traffic data for the pages on which the service is installed, even when Users do not use it.

Twitter Tweet Button and Social Widgets (Twitter, Inc.)

The Twitter Tweet Button and Social Widgets are services that enable interaction with the Twitter social network provided by Twitter, Inc.

• Personal Data collected: Cookies and Usage Data.
• Processing location: United States - Privacy Policy.

Facebook Like Button and Social Widgets (Facebook, Inc.)

The Facebook Like Button and Social Widgets are services that allow interaction with the Facebook social network provided by Facebook, Inc.

• Personal Data collected: Cookies and Usage Data.
• Processing location: United States - Privacy Policy.

LinkedIn Button and Social Widgets (LinkedIn Corporation)

The LinkedIn Button and Social Widgets are services that enable interaction with the LinkedIn social network provided by LinkedIn Corporation.

• Personal Data collected: Cookies and Usage Data.
• Processing location: United States - Privacy Policy.

How to provide or withdraw consent for the installation of cookies

In addition to what is specified in this document, the user can manage cookie preferences directly in their own browser and prevent - for example - third parties from installing cookies.

Through browser preferences, it is also possible to delete cookies installed in the past, including cookies that may have saved the initial consent for the installation of cookies by this website.

Users can, for example, find information on how to manage cookies in the most used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.

With respect to Cookies installed by third parties, Users can manage their preferences and withdraw their consent by clicking on the related opt-out link (if provided), using the means provided in the third party's privacy policy or by contacting the third party.

Notwithstanding the foregoing, the Owner informs that Users may follow the instructions provided in the initiatives subsequently linked by the EDAA (EU), the Network Advertising Initiative (USA) and the Digital Advertising Alliance (USA), DAAC (Canada), DDAI ( Japan) or other similar services. These initiatives allow users to select their tracking preferences for most advertising tools.

The Owner therefore recommends that Users make use of these features in addition to the information provided in this document.

System logs and maintenance

For operation and maintenance purposes, this website and any third party services may collect files that record interaction with this website (system logs) using other personal data (such as IP address) for this purpose.

Changes to this privacy policy

The owner reserves the right to make changes to this privacy policy at any time by notifying users on this page and possibly within this website and/or - to the extent technically and legally possible - by sending a notice users through any contact information.

If the changes affect processing activities carried out on the basis of user consent, the owner must collect new user consent when necessary.

Owner and Data Controller

VMB - D2DFIT

Owner contact email: contact@daytodayfit.com

As the installation of third party cookies and other tracking systems through the services used on this website cannot be technically controlled by the owner, any specific references cookies and tracking systems installed by third parties should be considered indicative. For complete information, we ask the User to consult the privacy policy of the respective third party services listed in this document.

Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner if they wish to receive more information about the use of Cookies by this Site.

7 – WHAT ARE YOUR DATA PROTECTION RIGHTS AND HOW DO YOU EXERCISE THEM?

What are your rights?

See your rights below and the details of what is safeguarded in each

Right of access

Right to obtain confirmation of which personal data are processed and information about them, such as, for example, the purposes of the treatment, what are the conservation periods, among others. Right to see or obtain a copyof, for example, invoices, written agreements or support requests you have made.

Right of rectification

Right to request the rectification of your personal data that are inaccurate or request that incomplete personal data be completed, such as address, NIF, email, telephone contacts, or others.

Right to data erasure or “right to be forgotten”

Right to obtain the erasure of your personal data, provided that there are no valid grounds for its conservation, such as cases in which VMB - D2DFIT has to keep the data to comply with a legal preservation obligation for the investigation, detection and prosecution of crimes or because legal proceedings are in progress.

Right to portability

Right to receive the data you have provided to us in a digital format of current use and automatic reading or to request the direct transmission of your data to another entity that becomes the new responsible for your personal data, such as, for example, receiving your invoices or forward your contact details to the new person in charge, but in this case only if technically possible.

Right to withdraw consent or right

to object Right to object or withdraw your consent, at any time, to data processing, for example in the case of data processing for marketing purposes, provided that there are no legitimate interests that prevail over their interests, rights and freedoms, such as defending a right in a court case.

Right of limitation

Right to request the limitation of the processing of your personal data, in the form of:

1. Suspension of the treatment
2. limitation of the scope of the treatment to certain categories of data or purposes of treatment.

Right to complain

Right to file a complaint with the supervisory authority, the CNPD, in addition to the company or the DPO.

How can you exercise your rights?

The exercise of the rights is free of charge, unless the request is manifestly unfounded or excessive, in which case a reasonable fee may be charged taking into account the costs. Information must be provided in writing but, if requested, may be provided orally. In this case, VMB - D2DFIT must verify your identity by means other than oral.

The response to requests must be provided within a maximum period of 30 days, unless it is a particularly complex request.

Exercise your rights through the following addresses:

VMB - D2DFIT

Mail: contact@daytodayfitcom

8 – TO WHOM DO WE TRANSFER YOUR PERSONAL DATA?

Under what circumstances is your personal data communicated to other entities, subcontractors or third parties?

Your data may be transmitted to subcontractors so that they can process them in the name and on behalf of VMB - D2DFIT. In this case, VMB - D2DFIT will take the necessary contractual measures to ensure that subcontractors respect and protect the data subject's personal data.

The data may also be transmitted to third parties - entities other than VMB - D2DFIT or subcontractors - such as companies within the VMB - D2DFIT group, companies with which VMB - D2DFIT develops partnerships, in case the holder has consented - or entities to whom the data must be communicated by law, such as the tax authority.

Under what circumstances does VMB - D2DFIT transfer your data to a third country?

VMB - D2DFIT may have to transfer your personal data to a third country outside the European Union space and that is not part of the list of countries that the EU has already considered to meet adequate levels of protection of personal data. In such cases, VMB - D2DFIT will ensure that data transfers are carried out in strict compliance with applicable legal regulations.

9 – HOW DOES VMB - D2DFIT PROTECT YOUR PERSONAL DATA?

VMB - D2DFIT has implemented the appropriate, necessary and sufficient logical, physical, organizational and security measures to protect your personal data against destruction, loss, alteration, dissemination, unauthorized access or any other form of treatment. accidental or illicit.

In the systems hosted by VMB - D2DFIT it has implemented:

• Requirements and logical security measures, such as the use of firewalls and intrusion detection systems in its systems, the existence of a strict policy on access to systems and information and the registration of actions carried out by VMB - D2DFIT employees on personal data of customers or users (logging);
• Physical security measures, including strict control of access to the physical facilities of VMB - D2DFIT, by employees, partners and visitors, as well as very restricted and permanently monitored access to essential technological infrastructures of VMB - D2DFIT;
• Means of data protection by design (“privacy by design”) using technical means such as masking, encryption, pseudonymization and anonymization of personal data, as well as a set of preventive measures favorable to privacy (“privacy by default”) ");
• Scrutiny, auditing and control mechanisms to ensure compliance with security and privacy policies;
• An information and training program for VMB employees and partners - D2DFIT;
• Access rules for Customers or Users to certain products or services, such as the introduction of a password, to enable the strengthening of control and security mechanisms.

10 – USEFUL ADVICE FOR THE PROTECTION OF YOUR DATA

Websites of VMB - D2DFIT and third parties

Regarding the use and processing of personal data on VMB - D2DFIT websites, be sure to consult the rules on the use of cookies on the respective websites.

VMB - D2DFIT websites, products or applications may contain links to third-party websites, products or services that have no relationship with VMB - D2DFIT or are not covered by this Privacy Policy.

The collection or processing of personal data requested by these third parties is their sole responsibility, and VMB - D2DFIT cannot be held responsible, under any circumstances, for the content, accuracy, veracity or legitimacy of these websites or for the misuse of the data collected or treated through them.

We alert VMB - D2DFIT Customers and Users to this fact and to the need, before using the websites, products or applications, to read and accept the rules regarding the processing of personal data defined by these third parties.

Other advice

VMB - D2DFIT advises prudence in the exposure of your personal data and in the circulation of this data on the internet, acts that are the customer's full responsibility, since this data is not fully protected against possible violations, the adoption of security measures complementary, including maintenance of equipment (PCs, tablets or mobile phones) and programs properly updated and configured with firewalls and protection against malicious software (eg, antivirus), not browsing sites of dubious reputation or for which you do not have the proper guarantees of authenticity, the physical protection of your equipment and avoid placing access credentials on computers with public access (eg, cybercafés, hotels, etc.) and the use of strong and differentiated passwords depending on each service or website.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy pertains only to this website, unless otherwise stated in this document.

Information not contained in this policy

Further details on the collection or processing of personal data may be requested from the Owner at any time.

Disclaimer

The contents marketed by VMB - D2DFIT cannot be interpreted as a substitute for professional medical advice. They are not intended to diagnose, treat, cure or prevent any health problem – nor are they intended to replace professional advice. Always consult a qualified professional doctor in any matter related to your health. The author/s do not assume any responsibility for losses or damages (direct or indirect) that may result, including, but not limited to, economic loss, injury or illness.

All documents made available by VMB - D2DFIT to the user or customer are the intellectual property of VMB - D2DFIT and may not be copied, sold or distributed without prior written consent.

11 - Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as VMB - D2DFIT has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

VMB - D2DFIT is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from User’s use of and access to the Service, including any data or content transmitted or received by User; User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms; User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; User’s violation of any statutory law, rule, or regulation; any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; User’s wilful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of VMB - D2DFIT and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to VMB - D2DFIT are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with VMB - D2DFIT are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of VMB - D2DFIT must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of VMB - D2DFIT or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.