Legal Notice and Privacy Policy

In compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, we inform you that KIVIKA FITNESS S.L., with registered address at C/ Vicente Blasco Ibañez, 31 5B, 28050 Madrid - Spain and Tax ID (CIF) BXXXXXXXX and registered in Volume XXXX, Book 0, Folio XX, Section X, Sheet M-XXXXXX, Entry 1, is the owner of the website kivikafitness.com and kivikafitness.es.

The personal data that we may collect directly from the data subject will be treated confidentially and incorporated into the corresponding processing activities owned by KIVIKA FITNESS S.L.

Our company, in accordance with Organic Law 3/2018 and its amendment by Law 11/2023 of May 8, on Personal Data Protection and Guarantee of Digital Rights, and EU Regulation 2016/679, informs you that if you interact with our platform, send us an email, complete any data collection form, or register as a client, the personal data you provide will be processed and incorporated into processing activities under the responsibility of KIVIKA FITNESS S.L. for the purpose of:

  • Creating your user account to access the platform;
  • Managing your inquiry or request;
  • Offering you products and services that we consider may be of interest to you;
  • Notifying you by any means of situations arising from the contractual relationship, such as expiration of the contracted plan, payment errors, issued invoices, and progress reports;
  • Maintaining a commercial relationship;
  • Sending advertising or promotional information by any means, including email or equivalent electronic communication, about KIVIKA FITNESS S.L. products or services, provided that prior consent has been obtained.

Details of data processing purposes:

Registration Form

  • Purpose:
    Formalization of the contract and providing access to the KIVIKA FITNESS booking and management platform by creating a user account.
  • Legal basis:
    The user's consent when registering on our platform and accepting the terms, conditions, and privacy policy.
  • Retention:
    Until the registered user requests deletion and thereafter for the legally required periods.

Contact Form

  • Purpose:
    To provide a means for you to contact us and request information about our services.
  • Legal basis:
    User consent when submitting a request through our form.
  • Retention:
    Once the request has been answered, unless further processing applies.

Service Contract Forms

  • Purpose:
    Providing access to the KIVIKA FITNESS platform by creating a user account and processing payment for the selected service.
  • Legal basis:
    User consent when subscribing through our platform.
  • Retention:
    Until the user requests deletion and thereafter for legally required periods.

Sending Emails

  • Purpose:
    To respond to your requests for information, handle your inquiries, and answer your questions or concerns; to notify you about contact creation, plan expiration, invoice availability, as well as any incidents occurring on the platform; and to send newsletters or updates with information about promotions, offers, or matters that may affect the commercial relationship with the user.
  • Legal Basis:
    The user's consent when requesting information via email and when registering on our platform through our registration form, by checking the box “I accept the terms, conditions, and privacy policy”.
  • Data Retention:
    Until the registered user requests deletion, and thereafter for the legally established periods.

KIVIKA FITNESS S.L. declares that it has adopted all necessary and appropriate security measures in accordance with EU Regulation 2016/679 and Organic Law 3/2018, and has implemented all technical means to prevent loss, misuse, alteration, unauthorized access, or theft of personal data.

  • Principle of lawfulness, fairness, and transparency:
    We will always require your consent to process your personal data for one or more specific purposes, which we will inform you about in advance with complete transparency.
  • Purpose limitation:
    Collected for specified, explicit, and legitimate purposes, and not further processed in a manner incompatible with those purposes.
  • Data minimization principle:
    We will only request data that is strictly necessary in relation to the purposes for which we need it. The minimum possible.
  • Accuracy principle:
    The data will be accurate and, where necessary, kept up to date.
  • Storage limitation principle:
    The data will be kept for no longer than necessary for the purposes of processing, depending on the purpose.
  • Integrity and confidentiality principle:
    Your data will be processed in such a way as to ensure appropriate security and confidentiality. You should know that we take all necessary precautions to prevent unauthorized access or misuse of our users' data by third parties.
  • Accountability:
    KIVIKA FITNESS S.L. will be responsible for complying with these principles and will adopt the technical and organizational measures necessary to demonstrate compliance.

At KIVIKA FITNESS S.L., the processing of personal data is carried out based on:

  • The contractual relationship established for the provision of the requested SERVICES and legitimate interest.
  • The fact that you have given us your consent to process your data for one or more specific purposes, always provided through a clear affirmative action. The User or client has given informed consent for the sending of commercial communications, for the installation of tracking systems that report on browsing habits according to the Cookies Policy, or for sending requested information through contact forms.
  • The legal basis that allows us to process your data on our website is CONSENT, and if you are already our client, the legal basis is THE PERFORMANCE OF A CONTRACT.

You may request information about the legal basis for each of our processing activities by asking us for our record of processing activities.

At KIVIKA FITNESS S.L., we aim to ensure that the personal data provided is kept only for as long as necessary to fulfill the purpose for which it was collected and to determine any potential liabilities that may arise from that purpose.

Data retention criteria: data will be retained for the period established by law, as long as there is a mutual interest in maintaining the purpose of processing, while the contractual relationship remains in force, as long as deletion has not been requested by the data subject, and provided that it must not be deleted because it is necessary for compliance with a legal obligation or for the establishment, exercise, and defense of legal claims. Data will be deleted with appropriate security measures to ensure pseudonymization or complete destruction.

If the User withdraws consent or exercises the rights of cancellation or deletion, their personal data will be kept blocked and made available to the Administration of Justice for the legally established periods in order to address any potential liabilities arising from its processing. Subsequently, it will be deleted with appropriate security measures to ensure pseudonymization or complete destruction.

All of the transfers listed below are necessary to fulfill the purposes described above or are carried out in compliance with a legal obligation.

Personal data may be shared with:

  • Companies within the ARAMIX PROJECT S.L. group to which KIVIKA FITNESS S.L. belongs;
  • Public Administrations and the Judiciary;
  • IT service providers, including cloud computing services.

Likewise, some entities subcontracted by KIVIKA FITNESS S.L. may access personal data and the information entered as data processors or sub-processors in order to provide a necessary service. In particular, we receive assistance from service providers. Sometimes, we share your information with third-party service providers that help us deliver our services. These service providers sign a contract obliging them to use your personal information only for service provision and in accordance with this policy. Examples of service providers include server hosting, cloud systems, analytics, advertising servers, and legal, labor, tax, and accounting advisory services.

As a general rule, your data is processed by service providers located within the European Union or in countries that have been declared to provide an adequate level of data protection. However, on some occasions, in order to carry out the purposes indicated above, certain companies that provide services to KIVIKA FITNESS S.L. may access your personal data (international data transfers).

Such transfers are made to countries with a level of protection comparable to that of the European Union (European Commission adequacy decisions, standard contractual clauses, as well as certification mechanisms), and we will ensure at all times that whoever handles your information to help us provide our services does so with full data protection guarantees.

Users / clients may exercise before KIVIKA FITNESS S.L. their rights of access, rectification, erasure, and data portability, as well as restriction and objection to processing, and the right not to be subject to decisions based solely on automated processing of their data. They may also withdraw their consent where it has been given for a specific purpose, and modify their preferences at any time.

These rights may be exercised via email at info@kivikafitness.com, or at the following address: Vicente Blasco Ibañez, 31 5B, 28050 MADRID - SPAIN. Users are informed that they may submit any complaint regarding data protection to the Spanish Data Protection Agency (AEPD) at www.agpd.es, the supervisory authority in Spain.

Our company will not collect or process personal data from children under 14 years of age without fully complying with the requirements established in applicable data protection regulations and EU Regulation 679/2016.

The processing of a child's personal data shall be lawful where the child is at least 14 years old. If the child is under 14, such processing shall only be lawful if consent is given or authorized by the holder of parental responsibility or guardianship over the child, and only to the extent that such consent was given or authorized.

If the personal data provided belongs to a third party, the User guarantees that they have informed said third party about this Privacy Policy and have obtained their authorization to provide their data to KIVIKA FITNESS S.L. for the purposes indicated. The User also guarantees that the data provided is accurate and up to date, and accepts responsibility for any direct or indirect damage or loss that may arise from non-compliance with this obligation.

As indicated in EU Regulation 2016/679 and Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, candidates who provide us with their data are asked to give clear consent regarding the collection of their personal data and the uses we will make of it.

Regarding data retention, we will only keep up-to-date data; therefore, CVs that have not been updated for more than 24 months will be deleted or blocked to prevent access.

Our company maintains a strict privacy policy regarding the data of individuals who have established relationships with us by sending us their CVs. The purpose of processing your data is to handle your job application and manage the potential recruitment process, which may include participation in various selection tests.

Therefore, we inform you that your data has been included in a processing activity register and may be shared with temporary employment agencies or other recruitment companies so that you may participate in future selection processes. If your data changes, please inform us in writing. If you do not object in writing within 30 days, we will understand that you consent to the processing described above.

At KIVIKA FITNESS S.L., we are committed to data protection and gender equality and therefore commit to ensuring respect for personal data processing in accordance with data protection regulations.

We commit to preventing, raising awareness of, and acting upon any cases of cyberbullying, whether workplace-related or sexual in nature.

Through this commitment statement, KIVIKA FITNESS S.L. acknowledges the risks associated with the internet and ICT in relation to such behaviors and promotes a culture of respect for privacy and awareness in the use of personal data.

At KIVIKA FITNESS S.L., we express our strong rejection of workplace harassment and sexual harassment or harassment based on sex, and our commitment to preventing and eradicating such behavior. We strongly oppose the use of personal data in unlawful processing that could undermine employees' rights to privacy and confidentiality. We are firmly committed to personal data protection as necessary to safeguard the fundamental rights to honor and personal and family privacy. Accordingly, we respect the principles of Article 5 of the General Data Protection Regulation and will minimize personal data processing of our employees that may increase the risk of harassment. In any case, we will consider the possible gender impact of the processing we carry out.

All content included on the Website, and in particular trademarks, trade names, industrial designs, texts, photographs, graphics, logos, icons, software, or any other signs susceptible to industrial and commercial use, are protected by industrial and intellectual property rights of KIVIKA FITNESS S.L. Any use and/or reproduction of them without the express consent of KIVIKA FITNESS S.L. is therefore prohibited.

Notwithstanding the above, any content, images, names, designs, logos, photographs, or other materials that users themselves upload to the platform, such as personal photos or avatars, shall be the sole responsibility of those users. KIVIKA FITNESS S.L. shall not be responsible for the legality, accuracy, or ownership of such content. The user declares and guarantees that they hold all necessary rights to use and publish such materials and agrees not to upload to the platform any sensitive, unlawful content, or content that infringes third-party intellectual or industrial property rights, including registered trademarks, trade names, or images for which they do not have authorization. The user shall hold KIVIKA FITNESS S.L. harmless from any claims arising from the improper use of such content.

Any User wishing to include links to this Website from their own websites must comply with the following conditions:

  • The link must only direct to the homepage.
  • No frames or similar structures may be created that surround the Website or allow it to be viewed through different Internet addresses or alongside unrelated content, in a way that causes or may cause confusion among Users about the source of the service or its content, implies unfair comparison or imitation, takes advantage of KIVIKA FITNESS S.L.'s reputation, brand, or prestige, or is otherwise prohibited by law.
  • The linking website may not make any false or misleading statements about KIVIKA FITNESS S.L. or about the quality of its products and services.
  • The referrer may not use the trademark or any other distinctive sign of KIVIKA FITNESS S.L. within their website, except in cases permitted by law or expressly authorized by KIVIKA FITNESS S.L.
  • The website containing the link must comply with applicable law and may not contain or link to unlawful, harmful, or morally inappropriate content, nor content that creates or may create the false impression that KIVIKA FITNESS S.L. endorses or supports the sender's ideas, statements, or actions, or that is otherwise unsuitable in relation to the activities carried out by KIVIKA FITNESS S.L., taking into account the content and general theme of the website where the link is established.

KIVIKA FITNESS S.L. shall not be responsible for any infringement of intellectual or industrial property rights of third parties that may arise from the inclusion on the Website of trademarks, trade names, industrial designs, patents, texts, photographs, graphics, logos, icons, or software belonging to third parties who have declared themselves to be the rightful owners when uploading them to the Website.

The User agrees to use the content of the Website in a diligent, correct, and lawful manner and agrees to refrain from:

  • Using the content for purposes or effects contrary to law, morality, good customs, or public order.
  • Reproducing, copying, distributing, making available to the public through any form of public communication, transforming, or modifying the content unless authorized by the rightful owner.
  • Using the Website content to send advertising, direct sales communications, or any other commercial purpose, unsolicited messages addressed to multiple people regardless of their purpose, as well as refraining from commercializing or disseminating such information in any way.