Privacy Policy

AMJC SPORT Sàrl (hereinafter “WePulse” or the “Company”) collects and processes the Client’s personal data in accordance with the information provided in the privacy policy statement.
Our Privacy Policy (the “Policy”) explains how we and some of the companies we work with collect, use, disclose, share, store, dispose of and protect information about your use of the WePulse Platform https://wepulse.ch (the “Website”) and the WePulse application (the “App”, the Website and App collectively the “Services”) and how you can manage the collection and use of your information. The Services then also relates to your participation and involvement in the WePulse Studios especially when you book training sport sessions and participate to it within our organization.
In this Policy, “us”, “we”, “our” or “AMJC SPORT Sàrl” means WePulse organization, its successors and assigns, that operate the Services, and “you”, “your”, “yours” means the Client to our Website.
As Client, by using our Services, you understand and agree that we are collecting, using and disclosing your personal data in accordance with this Policy.

DATA WE COLLECT
“Personal Data” or “Data” shall mean any information related to an identified or identifiable natural person; an “identifiable natural person” is a natural person who can be identified, directly or indirectly, by reference to a user ID such as a name, an identification number, location data, an online identification, or to one or more specific elements proper to his physical, physiological, genetic, mental, economic, cultural or social identity (art. 4 par. 1 of EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: “GDPR”).
To be able to provide the Services, we need to process your Personal Data. Here are the categories of information about you that we collect and process also entailing Data you provide us directly.

Client account
When creating a Client account, you provide information on your identity such as your first and last names, contact details, residential address, date of birth, identity card/passport details, and/or corporate details. We may be obliged to carry out an identity verification.

Client Activity
When you use the Services, you also provide various types of Data that we collect and process. The Data may relate to your activity in the WePulse Studios, your medical background, allergies, sport performances and other personal similar data with respect to your health notably that may be useful or necessary to us to deliver proper services to you.

In addition, based on your activity and the information you share on the Services, such as your medical background, allergies, sport performances and other personal similar data with respect to your health notably information which may fall under the category of Data within the meaning of Article 9 GDPR, such Data is made available to us by your own and sole action and WePulse is thus authorized to process it especially to deliver the most appropriate level of services to you.
If you provide Personal Data about other Clients or third parties on the Website or on the App, you shall ensure, beforehand, that you have obtained the consent of the person concerned or his or her authorised legal representative, and are liable to WePulse.

Payment data
The Website and the App provide payment services (the “Payment Services” or “Payment”, which means a service provided through a third-party company for making payment) when purchasing Products. This includes, for example, the number of the credit or debit card used for the payment, potentially information about the account being debited (account numbers and banking transactions), as well as billing and delivery information where applicable, and your contact details. We may also collect and process special categories of Data within the meaning of Article 9 GDPR. When using the Payment Services, you agree to the terms and privacy policy of the third-party payment company.

Cookies and similar technologies
When you connect to and use the Website and App, we collect Data about devices, networks and connection methods. For example, we collect and process Data about how you use our Services, the pages you visit, and your activity so that we can personalize your experience, including advertising, and improve our Services. To this end, we collect Data relating to the characteristics of your device (e.g. storage, model, operating system, software version, name and type of files installed), the activity of your device (the movement of openings and movement of windows or applications in particular, transactional and promotional SMS, communication information including contacts and call logs), the signals emitted (Bluetooth, Wi-Fi connection points used by you or nearby), certain device parameters to which you give us access through the settings (e.g. GPS signal geolocation, phone camera, photo library, usage data from other applications, including identifiers), certain network data (including the name of your operator or Internet service provider, connection data such as your IP address or mobile number, speed and bit rate, other devices networked with the device you are using).
We process Data from cookies issued by us or our partners. A cookie is a piece of information that is automatically placed on the hard drive of your computer or mobile device when you access certain websites or applications (the “Cookie”). The Cookie uniquely identifies your browser to the server. Cookies allow us to store information on the server of the Clients (e.g. language preferences, technical information), or their use of the Website and the App, such as their Internet protocol (IP) address, how they arrived at the Website and the App (for example, through a search engine or a link from another website) and how they navigate within the Website and the App (e.g. path or click information, visiting websites, etc.). We use Cookies to help make your experience with the Website and the App better for you and to perform analyses and reviews of the performance of the Website and the App.
We use web beacons on the Website and the App (which are also known as “action tags”, “pixel tags” or “invisible GIFs”) and other tracking technologies, which are invisible tags placed on certain pages of our Website but not on your computer. Pixel tags are usually used in conjunction with Cookies. They are used to monitor the behaviour of Clients or Users visiting the Website and the App, to facilitate your access to the Website and the App by enabling authentication, and to identify malfunctions. This also allows us to improve your experience on the Website and the App as well as to improve its content and design. These web beacons also enable us to offer personalised content, such as advertisements.
Most web browsers are configured to accept Cookies, although you may set up your web browser to block Cookies which will in turn disable the pixel tags from monitoring your Website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block Cookies and pixel tags, you may not be able to use certain features and functions of our Services.
We seek certain App permissions at the time of installation on your mobile device, providing us access to Data on your mobile device to make your use of the Service personalized and enabling us to offer you relevant products and services. Should you wish to modify or disable these permissions, you can change the App settings on your mobile device at any time. Do note that some of the functionality and offers on the App may get impacted by this action.
We may collaborate with other companies that place Cookies, web beacons or other tracking technologies on the Website and App. These companies assist us in the management of the Website and App. The use of these technologies by such third parties is subject to their own terms and conditions, privacy policies and terms of use, and not to this Policy.
Then, we process Data provided by our partners (or “Providers”, which means and indicates any person or entity with whom AMJC SPORT Sàrl or its group has a contractual relationship for rendering its services either directly through the Website, the App or through third party sites or applications). For example, this can be our external payment service providers or a data collection and analysis company. Such Data can be your use of the Website or App, use of certain services, purchases, reactions to the advertisements and feedback forms proposed to you during use.
This Data may also be passed on to our internal departments, whether they are responsible for flow analysis, product development or compliance. It may also be passed on to third party partners who assist in the operation of our Services.

PURPOSES OF THE PROCESSING
WePulse collects and uses Personal Data from the Clients. This Personal Data is used for specific purposes designated by WePulse or closely related purposes, or for any lawful purpose to comply with the applicable laws and regulations, and will include:

Improving the Service
We collect Data about your use of the Website and the App in order to improve the Services and deliver best in class services to you in our WePulse Studios.
We collect and process your connection Data and settings of the devices you use in order to technically improve the functionality of the Website and the App, correct bugs, improve the interface and user experience (adapt the aesthetics, make it as intuitive and easy as possible).
We also assess and process applications, instructions or requests from our Clients, and monitor products and services provided by or made available through us.

Satisfy our obligations and improve the security of the Website and the App
In general, we use your Data to comply with all applicable laws, regulations, rules, directives, orders, instructions and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities.
We are also due to comply with obligations and requirements imposed on us from time to time by our service providers, or enforce obligations owed to us.
In particular, we may be subject to various obligations. Thus, Personal Data, such as surnames, first names, addresses and contact details are collected for the purpose of identifying the Client.
Hence, we process Data for the purpose of financial reporting, regulatory reporting, management reporting, risk management (including transaction monitoring), audit and record keeping.
In addition, your usage Data as well as the Data relating to the parameters of the devices, the networks used or simply captured, as well as the connection Data allow us to manage our platform and business operations, comply with internal policies and procedures and improve the security and reliability of the Website and App, and thus protect your Personal Data as well as possible.

Inform you and promote the Services
We may also use the Data provided when you register, such as your contact details (email address or mobile phone number in particular) to inform you, for example when we change our Privacy Policy or the General Terms of Use, to provide you with updates on changes to products, services and banking facilities (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such products, services and financial facilities and their terms and conditions. We also use this contact information to promote our Services, to send you newsletters and other updates, to respond to a contact request or feedback, or to address or investigate any complaints, claims or disputes.
Provide our partners or third parties with Data under specific circumstances
The Services operate through the intervention of our business partners and third parties. We may transmit to them some of your Data. This Data also allows these partners to analyse their commercial strategy and to evaluate the impact of their actions on the Website or App and to help us improving our Services.

Payment of your orders
We use the Data provided when you pay for a completed order through one or several third-party payment company(ies). The Data collected for that purpose includes, for example, the number of the credit or debit card used for the top-up or payment, potentially information about the account being debited (account numbers and banking transactions), as well as billing and delivery information where applicable, and your contact details. This Data is particularly protected.
These types of Data are not shared with third parties, except to competent authorities upon motivated request.

LAWFULNESS OF PROCESSING
The processing of Personal Data must be lawful and legally founded. WePulse processes, and where appropriate, shares Data based on the following justification:
– Your consent, which you can ask to be withdrawn at any time. Special categories of Data within the meaning of the GDPR (art. 9) will be collected and processed with your consent, if you do not make them public yourself. Please note, however, that the withdrawal of your consent could prevent you from accessing certain Services.
– The execution of the contractual terms that bind us under the General Terms of Use;
The satisfaction of our legitimate interests, such as, but not limited to, the improvement of the Service in order to best correspond to Clients’ expectations in terms of security, to continually seek the most innovative solutions adapted to the needs of the WePulse community. Naturally, we systematically weigh our interests against yours: if the protection of your rights and freedoms, which implies increased protection of your Data, is superior to our legitimate interests, we will not proceed with the processing. To find out more about our analysis process and the criteria for this weighing of interests, please contact our teams.
The authenticity of the Personal Data provided by the Client shall not be the responsibility of WePulse.
Any information that is freely available or accessible in public domain shall not be regarded as Personal Data for the purposes of this Policy and WePulse SA shall not be responsible for the same.

TRANSFER OF YOUR DATA TO THIRD PARTIES
Your Data might be transmitted to different people.
Please note that if you share certain content on third party websites or applications, such as on social media platforms, the privacy policy and terms of use of the third party website or application will apply.
The Data can be transmitted to our various collaborators, internal or third parties. Indeed, we use external service providers for the operation of our Payment Services.
We may also transfer your Data to other categories of recipients, including partners, not necessarily service providers, who use our analysis services in order to improve their products and adapt their commercial prospecting. These may be websites on which we have social plugins to ensure the compatibility of their products or services with the Website and App. In such cases, we provide statistical data that in no way allow you to be personally identified: we do not communicate your name or contact details. We simply communicate activity data and technical data, such as your actions on the Website and App or your geographical position.
In order to meet certain legal obligations, we may communicate your Data to the authorities upon request, duly and legally justified in our opinion. In particular, this will be the case when the request comes from a jurisdiction, which it is reasonable to believe that a response is required under the law to which that jurisdiction is subject.
We may also disclose your Data to the competent authorities when we believe that such disclosure would help prevent fraud, money laundering or any other severely punishable offence, including criminal offences, or any act that may have consequences for the physical integrity or life of others.
WePulse keeps your Data on secured third-party servers. If you share your Data on third party websites or applications, such Data will be kept on the third party’s servers which may be in a different location.
Finally, a disclosure is allowed where such disclosure has been agreed in a written contract or otherwise between WePulse and the Client.

DURATION OF THE CONSERVATION
We retain your Personal Data only to meet our best in class Services to you. Data may be kept later on as an archive, in particular to meet certain legal obligations of conservation.
The length of time that Data is kept varies according to various parameters, such as the type of Client, his location, or the type of Data.
Your Data will be kept for five years after you decided to stop using the Service. In the event that a Client account is deleted or suspended as a result of a breach of the Terms and Conditions of Use, we will retain the profile Data for a period of five years as well.
You can contact our team for more information about our data retention policy by sending us an e-mail.

CLIENTS’ RIGHTS
We remind you that, as a Client, you can exercise your rights at any time. Thus you can notably:
– Exercise your right of access and ask our team if we process Data concerning you, and if so, their category, the recipients of this Data ;
– Request the rectification of your Personal Data, when those we process are inaccurate;
– Request the deletion of your Data, provided that no other interests require their conservation;
– Exercise your right to portability of your Data.
To exercise your rights, you can contact our Data Protection Officer, by writing your request to the following address mail@wepulse.ch You might be required to provide a proof of our identity, such as a copy of your identity card or your passport.

OTHER WEBSITES
Our Website and App may contain links to other websites which are not maintained by WePulse. This Policy only applies to the websites and applications of WePulse. When visiting these third party websites, you should read their privacy policies which will apply to your use of the websites

REASONABLE SECURITY PRACTICES AND PROCEDURES
WePulse shall take reasonable steps and measures to protect the security of the Clients’ Personal Data from misuse and loss, unauthorised access, modification or disclosure. WePulse maintains its security systems to ensure that the Personal Data of the Client is appropriately protected. WePulse ensures that its employees respect the confidentiality of any Personal Data held by WePulse.
Industry standard security technologies and measures, rules and other procedures, firewalls and password protection measures are used to protect Personal Data.
The Client acknowledges, however, that the use of the Internet is inherently insecure and involves certain risks to Personal Data. It is the Client’s responsibility to ensure that the computer he or she uses is properly secured and protected against malicious software such as Trojan horses, computer viruses and worms.
The Client is aware that without adequate security measures (including a secure web browser configuration and up-to-date anti-virus software), there is a risk that the Data and passwords he or she uses to protect access to his or her Data could be communicated to unauthorised third parties and/or that Data transmitted electronically could be intercepted.
In the event that the Personal Data have been improperly consulted by an unauthorised person or if there is reason to believe that they have been consulted, we undertake to inform you without delay of any infringement by e-mail.

CHANGES TO THIS PRIVACY POLICY
This Policy is effective as of 1st March 2021 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Policy at any time and you should check this Policy periodically. Your continued use of the Services after we post any modifications to the Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Policy.
If we make any material changes to this Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Website and App.

DATA CONTROLLER
For any request or complaint, you can formulate your request by writing to the company:
AMJC SPORT Sàrl, Rue Adrien Lachenal 12, 1207 Genève
You can also contact us by email at the address : mail@wepulse.ch