Legal Advisory POWERING App

LEGAL NOTICE

The present legal notice and information regulates the use of the mobile application service under the following name “Powering Offroad”, property of the company POWERING REAL RIDERS S.L.

Powering Offroad is the trade name of the mobile application indicated above and subject of this legal notice. POWERING REAL RIDERS S.L., as a provider of services of the information society is governed by the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce.

Powering Offroad is a trade name owned by POWERING REAL RIDERS S.L., CIF. B88224795, Spanish, domiciled in Cerros de Navalcón, 142 Collado Villalba (28400).

The Mobile Application is owned by POWERING REAL RIDERS S.L., who reserves the right to make, at any time and without prior notice, modifications and updates to the information and operation of the Mobile Application, or in the configuration and presentation thereof. POWERING REAL RIDERS S.L. owns all copyrights on all contents of the mobile application, whether by right or by assignments or agreements with third parties.

By accessing this mobile application, including all its functions, it is accepted that POWERING REAL RIDERS S.L., will not be responsible for any consequence, damage or injury arising from such access or use of the information of such mobile application by accessing other materials on the Internet through connections with this application. Neither shall it be responsible for, and the user accepts, any errors or computer problems caused by viruses, worms, malicious software or other social engineering attacks (phishing, pharming, Trojans, etc.) that third parties may have maliciously placed on the servers, during the margin of time until the reactive protection measures available to this entity are implemented. In the event of such an attack on the security of the Application and data protection is affected, the responsible party must notify the competent control authority, in this case the Spanish Data Protection Agency, and the user of possible attacks on the privacy of their data within a maximum period of 72 hours.

If the user notices errors in the operation or strange behavior of the Application, he/she can send an email to the address info@poweringoffroad.com . Access to the contents of this Application by means of mechanized systems other than natural persons is prohibited, as they may cause damage to POWERING OFFROAD by not being able to objectively measure the audiences.

The contents and information provided through POWERING OFFROAD comply with current legislation and are the property of POWERING REAL RIDERS S.L. or acquired or exploited with legitimate titles.

POWERING OFFROAD offers services and products that are subject to their own conditions, so that together with this legal notice are the General Conditions, where all the features and how to use the mobile application are collected.

The use of the mobile Application attributes the condition of user of the same and implies the express, full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, in the Privacy Policy and in the General Conditions in the version published by POWERING REAL RIDERS S.L., after having been duly informed and, when accessing the content and functionalities of the Application, the modifications produced in this Legal Notice will be informed to the user on how these affect the treatment of their data.

The User agrees to use the Application, content and services in accordance with the Law, this Legal Notice, the privacy policy, good customs and public order. Likewise, the User undertakes not to use the Application or the services provided through it for purposes or effects that are illicit or contrary to the contents of this Legal Notice, harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the Application or its services, or prevent normal enjoyment of the Application by other Users.

Likewise, the User expressly agrees not to destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents and others contained in the Application.

The User undertakes not to introduce programs, viruses, macros, controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of Powering Offroad or related third parties.

The User accepts and declares to be aware of this Legal Notice and Privacy Policy. Otherwise, the user must leave the Application at this time.

The activity is not subject to any prior administrative authorization regime, nor does it adhere to codes of conduct, except for good faith, custom and the Civil Code.

1- Advertising

The Application may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Application complies with applicable laws and consents. Powering Offroad shall not be liable for any errors, inaccuracies or irregularities that may be contained in advertising or sponsor content. Nor shall Powering Offroad be liable for any sensitivity damage that advertising or other material may cause to users of the Application. For information on minors, please refer to the Privacy Policy.

2- Industrial and intellectual property

All contents of the mobile application, unless otherwise indicated, are the exclusive property of POWERING REAL RIDERS S.L., and advertising content that may be hosted, will be the exclusive property of each advertiser.

By way of example, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs, developments, projects and other elements that appear in the Application are also and shall remain the exclusive property of Powering Offroad.

Likewise, all trade names, trademarks or distinctive signs of any kind contained in the Application are protected by law.

Powering Offroad does not grant any type of license or authorization of personal use to the User or visitor on its intellectual and industrial property rights or on any other right related to its Application and the services offered therein.

All rights reserved. The User acknowledges that the reproduction, distribution, commercialization, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of this mobile Application constitutes an infringement of the intellectual and/or industrial property rights of Powering Offroad, and an offence under the Criminal Code.

3- Responsibility for the use of the application

The user is solely responsible for any infringements that may be incurred or damages that may be caused by the use of the application or its contents, being POWERING REAL RIDERS S.L., its partners, suppliers, collaborators, employees and representatives, exonerated from any kind of liability that may arise from the actions of the user.

Powering Offroad will use all reasonable efforts and means to provide up-to-date and accurate information on the Application, however, it makes no warranties regarding the absence of errors, or possible inaccuracies and/or omissions in any of the content accessible through this Application.

The User is solely liable for any claim or legal action, judicial or extrajudicial, brought by other users or third parties against Powering Offroad based on the use of material by the User or of its contents or by third parties. Where applicable, the User shall bear any expenses, costs and indemnities incurred by Powering Offroad as a result of such claims or legal actions.

4- Responsibility for the operation of the application

Powering Offroad excludes all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, due to causes beyond the control of Powering Offroad.

Likewise, Powering Offroad also excludes any liability that may arise from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as damage caused by third parties through illegitimate interference beyond the control of Powering Offroad.

Powering Offroad is entitled to temporarily suspend, without prior notice, accessibility to the Application for maintenance, repair, update or improvement operations.

5- Liability for links

Powering Offroad is exempt from any responsibility with respect to information found outside the Application, since the function of the links that appear is only to inform the User about the existence of other sources of information on a specific subject or advertising.

6- Policy regarding the data obtained through the application

Without prejudice to the provisions set forth in the Application registration form, when the User provides his/her personal data, he/she is expressly authorizing Powering Offroad to process his/her personal data for the purposes indicated therein or in the Privacy Policy. Powering Offroad shall keep the Register of Processing Activities updated, and shall make it available to the Spanish Data Protection Agency whenever required.

The user, may exercise all rights of data protection contained in the Privacy Policy, and for this you must direct written indicating your data, and may send it via the Internet, by email to the address info@poweringoffroad.com, or signed letter to the address of the registered office of POWERING REAL RIDERS S.L. indicated in this Legal Notice.

You are also informed that the IP (Internet Protocol) data of the subscriber from which you connect to our mobile application will be kept for the periods established in the current legislation, after which they will be automatically deleted, for security purposes and collaboration with Justice.

7- Use of cookies

Article 22.2º of the LSSI establishes that users must be provided with clear and complete information on the use of data storage and retrieval devices and, in particular, on the purposes of data processing, in accordance with the provisions of the General Data Protection Regulation (GDPR) and Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights. In this regard, cookies are going to be used. These are small files whose purpose is to remember the pages visited to facilitate future navigation. You can delete cookies by selecting the option that your browser has for this purpose. You can delete all cookies at any time by selecting the appropriate option in your browser.

You as a user of this mobile Application know and know that cookies will be deposited, if any, for the sole purpose of facilitating navigation in the information society service provided by the mobile Application, not for additional purposes, so that consent is not required. But in case of doubt, you know these purposes, you have received due explanation about what the cookie is and what it is used for and you consent to allow it to be deposited, always having available, as you know, the option of your browser to not allow or delete them at any time. If you do not consent, you must leave the Application at this time. If you continue browsing, we consider that you accept their use.

8- Modification of conditions of use

POWERING REAL RIDERS S.L. reserves the right to modify, develop or update at any time and without prior notice, the conditions of use of this Application. In case of carrying out the same, the user must be duly informed of them and how they affect the processing of your data, after which it will have to declare the express and unequivocal consent to continue with the use of the services offered.

9- Dispute resolution and competent jurisdiction

All disputes that may arise regarding the application of this legal notice, will be settled before the Courts and Tribunals of the domicile of POWERING REAL RIDERS.

In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following identifying data of the service provider through the mobile application of Powering Real Riders S.L. are exposed:

Name: POWERING REAL RIDERS, S.L.

Address: Cerros de Navalcón, 142 Collado Villalba (28400).

VAT NUMBER: B88224795

E-mail: info@poweringoffroad.com

We, Powering Real Riders SL, CIF B88224795 address Cerros de Navalcón 142, Collado Villalba, Madrid (Spain), are committed to protecting the privacy of users of the Powering Offroad website, the Powering Offroad applications and other related services (hereinafter, collectively, the “Powering Performance Services” or the “Services”).

For the purposes of this Privacy Policy, Powering Real Rider S.L., is responsible for the processing of personal data, in compliance with the provisions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and Regulation (EU) 2016/679, of April 27, General Data Protection, for all products and services of Powering Offroad.

This Privacy Policy describes the types of personal and non-personal data we collect and how we use such data. This Privacy Policy forms part of our General Terms and Conditions and applies to all Powering Offroad Products and Services. Therefore, please be sure to read and understand our Privacy Policy as well as the General Terms and Conditions.

This Privacy Policy does not apply to third party websites, services or applications, even if they may be accessible through the Powering Offroad Products and Services.

By using any of Powering Offroad’s Products and Services, you warrant and represent that (i) you have read, understand and agree to this Privacy Policy, (ii) you are over 18 years of age (or are a parent or guardian with such authority to accept this Privacy Policy on behalf of a person under 18 years of age). If you do not agree to the terms set forth in this Privacy Policy and the consents associated with it, do not use our Products and/or Services.

Last revision: October 2019

1. What types and categories of data do we collect, process and use?

We collect, process and use personal and non-personal data.

1.1 Personal and non-personal data

The term “personal data” is defined by Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Rights and Guarantee of Digital Rights and Regulation (EU) 2016/679 of April 27, 2016, General Data Protection Regulation (GDPR). You can think of your personal data as any data that allows you to be identified or that can be linked to you.

On the other hand, “non-personal” data cannot be correlated to any specific individual. By removing identifiable parts and anonymizing personal data, personal data can become “non-personal data”.

1.2 Data we collect, process and use.

We collect, process and use three (3) types of data:

The data you voluntarily provide to us,
the data we receive when you use our Products or Services, and
Data we receive from third parties.

We collect, process and use the following categories of data:

your name and address
Your personal contact information (phone, email, etc.);
your username and password;
your user profile data (e.g. training program, racing events, motorsport category, etc.);
your user preferences (e.g. preferred language settings);
your IP address, operating system, browser type, browser version, browser settings, Internet provider name and any other relevant information related to your computer and Internet connection to identify the type of your device, to connect you to the website, to exchange data with your terminal (mobile) device, or to ensure proper use of the website and a Powering Offroad application;
the URL and IP address of the website from which you are accessing our website or from which you are transferring to our website, including the date and time;
any page on our website that you click on during your visit, and any link on our website that you click on, including the date and time;
the entire Uniform Resource Locator (URL) clickstream to, through and from the website, including date and time;
Your service inquiries and orders;
your transaction history, including open and completed transactions;
the search terms you enter in connection with or within our Products and/or Services;
information about your orders and payments;
information collected by cookies or similar technologies (as explained below);
Your survey responds, criticizes, evaluates, or other responses;
the content of all messages sent through the Website or a Powering Offroad application, including information uploaded to social networks through the Website or a Powering Offroad application or otherwise shared with us and/or other users, as well as chat messages and chat logs;
training information that you upload or download via a Powering Offroad application;
your newsletter subscriptions;
any consent you have given us;
any other information entered or uploaded by you through the website or a Powering Offroad application (e.g., information you provide when completing an online form, photos you upload to the application, photos you share in the user community, etc.); or
the data we receive when you log in via social networks (for example, if you log in with Facebook).

2. How are the data collected?

We collect personal data only if you provide such data to us on your own initiative by choosing to use our Products and/or Services. In order to use our Products and/or Services, you must register your account with us.

2.1 Login

You can create a Powering Offroad user account through our login system. We have used Auth0 service for user management and app registration and login system (https://auth0.com/).

Upon registration, you will be able to use your user account to subscribe to all Offroad Powering Services. To register, you must provide us with at least the following information:

first and last name,
e-mail address, and
password

Before completing the registration process, you must confirm that you have read our Privacy Policy and agree to our General Terms and Conditions.

2.2 Adding information to your user profile

The Powering Offroad applications also allow you to provide us with additional information, such as your fitness level and training goals. After registering, you can add more information to your profile (e.g. a profile picture) (not available in this version). If you do so, you will again provide us with personal data. We will also receive data (including personal data) from you when you communicate with us or other users through a Powering Offroad application. If you practice a training program, we will receive information about which and how many workouts you have completed. We will also receive information about how you use the Powering Offroad application(s), your progression through the levels and your record of feedback after each training session. In that case, you will also provide us with personal data.

2.3 Enabling access rights to your device

In order for you to use the Powering Offroad application to its full extent, we will also need certain access rights to your smartphone. For example, we need access to your camera or photos if you upload or want to change a profile picture (not available in this version). We use push messages to send you exercise reminders or to notify you about new followers or comments. When you want to use this feature for the first time, we will ask you whether you grant us such access rights or ask you to grant us access by selecting the appropriate settings. In general, you may revoke such access rights at any time by changing the appropriate settings according to your preferences.

2.4 Newsletter

You can sign up for our newsletter. That way, you will receive periodic updates and information of interest about Powering Offroad products and/or services. All you need to do to receive our newsletter is to provide us with a valid email address and confirm the subscription afterwards. If you are no longer interested in receiving the newsletter, you can unsubscribe at any time, for any reason and at no cost, using the link included in each newsletter.

2.5 Linking your account to Facebook

You can also link your Powering Offroad user account to your Facebook profile. To do so, simply choose “Log in with Facebook” during the registration process; you will then be transferred to Facebook. There, you will be shown which Facebook data we will receive access to. We will store your Facebook e-mail address. This is the email address we will use to communicate with you, if necessary. We will also record the fact that you have registered via Facebook.

2.6 Linking your Google Account

You can also link your Powering Offroad user account to your Google profile. To do so, simply choose “Sign in with Gmail” during the registration process. You will then be transferred to Gmail. There, you will be shown which Google data we will receive access to. We will store your Gmail email address. This is the email address we will use to communicate with you, if necessary. We will also record the fact that you have registered through Gmail.

2.7 Website

You will also transfer certain information to us when you access our website or the Powering Offroad application(s), for example, your IP address. We will also receive data about which terminal device (computer, smartphone, tablet, etc.) you are using, which browser (Internet Explorer, Safari, Firefox, etc.) you are using, the time you access the website, the referral call, and the volume of data transferred. Such data cannot be used by us to identify the user. This data is processed for statistical purposes only. These analyses help us to make our Services more attractive and, if necessary, to improve our Services.

2.8 Log files

Each time you access our website, the above-mentioned data is automatically stored in log files. A log file automatically records all actions defined or in a computer system. Such log files are important, for example, for process control and automation. In the case of databases, a log file tracks changes in the database of successfully executed transactions. In the event of an error (e.g., a system crash), this allows the current data set to be restored. Log files are also created by web servers. Among others, the following data are recorded: the address of the accessing computer, the authentication fields, the date and time of access, the access method, the content of the HTML access, the status code of the web server, and information about the browser and operating system used by the client.

2.9 Other possible instances of data collection

Data collection also occurs, for example, when you communicate with us or other users, i.e., when you open your Powering Offroad user account, subscribe to a subscription, upload a profile picture, or use our Services to send messages.

2.10 System-wide data storage

For the storage of the whole system database we have used the neo4j tool, based on information nodes (https://neo4j.com/).

3. What are our legal bases for processing your data?

We will collect, process and use your personal data and other data to support the delivery of Powering Offroad Products and/or Services in accordance with our General Terms and Conditions. In this section, we provide information about the legal basis for processing your personal data as required by Art. 13 and 14 GDPR, as well as provide detailed information about the purposes of collecting, processing and using your data.

We process your data in accordance with Article 6 of GDPR on the following legal bases:

Provision of our services, art. 6 (1) b
Legitimate interest related to our services, art. 6 (1) f
If you have given us your consent to process your data, art. 6 (1) a
If it is necessary for us to comply with a legal obligation art. 6 (1) c.

We may also process the data if it is necessary to protect the vital interests of our users and/or other persons, or for the performance of an obligation to carry out in the public interest pursuant to Art. 6 (1) (d) and (e).

4. What do we use your data for (processing purposes)?

We will use the personal data you have provided to us only to the extent necessary to provide our Services and contract management or if you have consented to our use of your data for the purposes described in this Privacy Policy.

We process and use data (including personal data) that you voluntarily make available to us on the website or via the Powering Offroad app in various situations (e.g. when you send us an email). We also use data that is automatically collected on our website or through the Powering Offroad application. Finally, we may also receive information about you from third parties, for example, when another user provides us with information about you through the website, subscription form request or by sending us an email.

We collect, process and use data for the following purposes:

to administer, operate, maintain and improve the Powering Offroad website and applications;
to enable and process orders for services placed by you through the website or the Powering Offroad applications;
to personalize your experience in connection with our website or the Powering Offroad application(s) (e.g., by tailoring content and offers to your personal preferences, motorsports practice, level of training, racing events, etc.);
to evaluate your eligibility to receive certain types of promotions, offers or services;
to support the improvement and customization of Powering Offroad’s products and/or services;
to analyze and research customer behavior;
To respond to questions and inquiries that you voluntarily send us;
to provide you with information about new products and/or services that may be of interest to you;
to communicate with you about certain concerns;
to administer prizes, surveys, winning games, lotteries or other promotional activities or events;
to comply with our legal obligations to prevent any unlawful use of the Powering Offroad website or application(s), protect the security of our Services, detect and prevent fraud or abuse, resolve disputes and enforce our agreements;
for any other purpose for which you have consented in a particular case, or
otherwise, as permitted by applicable law.

If required by law, we will ask for your consent before collecting, processing or using your personal data for any of the above purposes.

We will also notify you if we want to use your personal data for a new or different purpose. We will use your personal data for such other purposes only to the extent necessary or permitted by applicable law or with your consent.

5. How long and where is the data stored?

Your personal data will be stored for as long as necessary to achieve the defined processing purposes. If you cancel your user account, we will also delete within a reasonable time or archive your personal data, i.e. restrict processing. An exception only applies if we are legally obliged to archive data for a certain period of time.

6. Cookies and tracking pixels.

We collect information about visitors to our website and users of our Powering Offroad applications to improve our Services. For this purpose, we use different types of so-called cookies and tracking pixels (a.k.a. web beacons).

A cookie allows a web server to place a text file (e.g. a clear ID) on your computer or smartphone/tablet. Cookies are used, for example, to automatically recognize you the next time you visit our websites or use a Powering Offroad application. The cookie is either sent by the web server to your browser or is generated by client-side scripts (e.g. JavaScript). The cookie data will be stored locally on your terminal device and in most cases will only be effective for a limited period of time.

Web sites that include flash media write user-specific data to your computer and then read it. Such files are called flash cookies or local shared objects (LSOs). These files are not managed by your browser, but by the flash player plug-in. Flash cookies are subject to the same rules as conventional cookies. Flash cookies, too, can only be read by the website that caused those flash cookies to be placed. However, flash cookies can store substantially more data.

Your browser offers extensive configuration options for managing cookies. For example, you can disable cookies in your browser or limit cookies to certain websites. You can also set your browser to notify you first before placing a cookie. You can also choose this setting on your mobile terminal devices. You can manage cookies at any time by changing the settings on your devices, deleting them or blocking them altogether.

You can also visit our website even if you block cookies on your terminal device. If you block cookies, the display of our website may be affected and not all functions will be available to you. You can also use the Powering Offroad application(s) without cookies. In that case, you may no longer be able to use all functions of that application conveniently.

Tracking pixels are small graphics in HTML e-mails or on Web sites. When you access such a website, your access to the tracking pixel will be recorded in a log file. This allows for statistical analysis, which, in turn, can be used to improve our Services. You can configure your e-mail program or browser to display HTML e-mails as text only, thus avoiding the use of some tracking pixels.

7. Transfer of data to third parties

Your personal data will be transferred to third parties only if we are legally obliged to do so, if the data transfer is necessary for the performance of the contract, or if you have given your consent to the transfer of your data. Third-party service providers and partner companies will receive your data only to the extent necessary for the performance of the contract or with your consent. In such cases, the extent to which data is transferred, however, will be kept to an absolute minimum. To the extent that our service providers come into contact with your personal data, we will ensure that they also comply with all applicable data protection laws. Please also read the data privacy policies of such third party providers.

We use cloud services. This means that we will transfer your data to a third party cloud service provider and store the data on that provider’s servers. In some cases, your data may also be stored on servers outside the European Union (EU) or the European Economic Area (EEA). In some cases, your data may also be processed there. Either, through appropriate contracts, we ensure that such service providers guarantee the same level of data privacy to which you are also entitled in the European Union or that we only use providers that are certified by the EU-EEA Privacy Shield.

8. Data processing – third party and partner services

In order to provide you with all of Powering Offroad application(s) features and services in the most convenient way possible and to continually improve our Products and Services, we use third-party services and partners. We also use the assistance of third parties to improve our website. Finally, we use certain tools and resources for our marketing campaigns.

Below is a description of the third-party services we use and for what purposes:

8.1 Google

We use several different services of Google (Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043, USA. – hereinafter “Google”) for analysis and marketing purposes. These tools collect and statistically analyze data about your use of our Services in different ways. We also use your data to show you personalized advertisements with the help of Google services. By using our website or our Powering Offroad services, you agree that we may use your data for these purposes.

Below (in 8.1.1-8.1.6), we will explain the different services and the ways in which you can conveniently revoke your consent, and provide you with additional important information.

Additional information on how Google handles the data transmitted by us is available here: https://www.google.com/intl/de/policies/privacy/partners/.

Additional information on how Google uses cookies can be found in Google’s data privacy policy here: (https://www.google.com/intl/de/policies/privacy/).

The information generated by Google tools is generally transferred to a Google server in the USA and stored there. Google and its subsidiaries are certified under the EU-U.S. Privacy Shield.

8.1.1 Google Analytics

Our applications and website use Google Analytics, a web analytics program from Google. Google Analytics uses cookies that are stored on your terminal device and allow an analysis of your usage. We enable IP address anonymization so that Google can truncate IP addresses within the European Union. On our behalf, Google uses this information to analyze your use of our Services, as well as the use of our Services by other users, and to provide us with reports and other services. The IP address transmitted from your terminal device to Google Analytics will not be combined with any other Google data. Google will transfer your data to third parties only if permitted by applicable law or in accordance with outsourced data processing agreements.

You can prevent the collection and processing of the information generated by the Google cookie by setting a deactivation cookie or by deactivating Google Analytics in the menu of your terminal device. Alternatively, you can also install a browser add-on, which you can find here: https://tools.google.com/dlpage/gaoptout/.

8.1.2 DoubleClick by Google

DoubleClick uses cookies to show you ads that are relevant to you. In the process, you are assigned an identification number (pseudonym) to monitor which ads have been displayed in your browser and which ads have been clicked on. These cookies do not contain personal information. DoubleClick cookies allow Google and its partners’ websites to display ads based on previous visits to our website or other websites on the Internet. Google transfers the information generated by these cookies to a server in the United States for analysis, where it is stored. Google never combines your data with any other Google data. Google transfers data to third parties only if permitted by applicable law or in accordance with outsourced data processing agreements.

If you do not wish to receive personalized ads, you can set an opt-out cookie: https://www.google.de/settings/ads/onweb#display_optout.

You can also install the DoubleClick disabling browser add-on. You can find this browser add-on here: https://www.google.com/settings/ads/onweb/

8.1.3 Google AdWords

We use Google AdWords to advertise our offers. After a Google search, our ads will be displayed in the areas designated for this purpose. Our website records with the help of cookies the number of users who have found our Services through such advertisements. We use this data to optimize our ads. Google stores a cookie when you click on an advertisement. You can block the cookie by selecting the appropriate settings in your browser. In that case, your visit to our website will not be included in the anonymous user statistics.

If you do not wish to receive personalized ads, you can set an opt-out cookie: https://www.google.de/settings/ads/onweb#display_optout.

You can also block cookies, for example, by installing an appropriate browser plug-in, which is available here: https://support.google.com/ads/answer/7395996?hl=de.

8.1.4 Google Dynamic Remarketing

We use Google Dynamic Remarketing features on our website. This technology allows us to display ads based on target groups automatically generated after your visit to our website. The ads shown are based on products and services you clicked on or viewed during your last visit to our website. Google uses cookies to serve interest-based ads. If you do not wish to receive user-based ads from Google, you may opt out of receiving such ads by selecting the appropriate Google settings.

If you do not wish to receive personalized advertisements, you can set an opt-out cookie: https://www.google.de/settings/ads/onweb#display_optout.

You can block personalized ads by installing the appropriate browser add-on, which is available here: https://support.google.com/ads/answer/7395996?hl=de.

You can also block personalized ads from Google and other ad networks by opting out on the following page: https://www.youronlinechoices.com/de/praferenzmanagement/.

8.1.5 Firebase

Firebase is a subsidiary of Google based in San Francisco, CA, USA. We use Firebase SDK and Google Analytics for Firebase for our Powering Offroad applications. This tool allows us to use the same features of Google Analytics for an application that can also be used for websites. Firebase uses technologies that work in a similar way to cookies, in particular ad IDs. In this way, we collect information about how you use the Powering Offroad applications. We use such data for statistical analysis purposes, to test our offerings (e.g., A/B tests) and to improve our offerings. In addition, we use such information for personalized advertising. By using our Services, you agree to our collection of such data. In addition, we use Firebase Remote Config to make changes to our Powering Offroad applications.

If you do not want such data to be collected, you can opt out at any time. You can do this conveniently, for example, by selecting the appropriate settings on your mobile terminal device. How you can prevent the collection of such data on your Android device is explained, e.g. here: https://www.google.com/policies/technologies/ads/

On your iOS device, you will find the appropriate settings under Settings> Data Privacy> Advertising.

8.1.6 Crashlytics

We use Crashlytics to analyze the application stability of our Powering Offroad applications. Crashlytics is a subsidiary of Google. Crashlytics provides real-time analysis of bugs and system failures, which facilitates application maintenance. In the process, none of your personal data will be transmitted, only crash reports with information about registration codes and your device, e.g. device type and OS version.

The collected diagnostic data is processed in the United States. Like Google and other Google subsidiaries, Crashlytics is certified by the EU and US Privacy Shield.

Diagnostic information is subject to Crashlytics’ data privacy policy, which is available here: https://try.crashlytics.com/terms/.

8.2 Social plug-ins

We use the following social plugins for our website:

Facebook (Operator: Facebook Inc., 1601 S. California Ave. California Ave., Palo Alto, CA 94304, U.S.A.)
Instagram (operator:)
Google+ (operator: Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA).

These plug-ins routinely collect your data and transfer it to the provider’s servers.

Once enabled, such plug-ins will also log your IP address. In addition, activated social plug-ins will place a cookie with a clear identification when accessing the relevant website. This also allows the providers to create profiles of your user behavior. Such a cookie is placed regardless of whether you are a member of the social network or not. If you are a member of a social network and are logged in when you visit our website or when you use the Powering Offroad application(s), data and information about your visit to our website or your use of a Powering Offroad application may be linked to your social network profile. Please note that we have no control over the exact extent to which social network providers will collect your data. For more information on the extent, type and purpose of data processing and on the rights and settings to protect your privacy, please refer to the data privacy policy of the relevant social network provider. These are available at the following addresses:

Facebook: https://www.facebook.com/policy.php
Instagram: https://help.instagram.com/196883487377501
Google+: https://www.google.com/intl/de/privacy/

8.2.1 Facebook Connect

We use the “Facebook Connect” feature, so you can register and log in with us using your Facebook account.

If you use Facebook Connect, Facebook profile data and public data from your Facebook profile will be transferred to us. Conversely, data may be transferred from us to your Facebook profile. We use such data to register you on our website or for the Powering Offroad app(s) or to enable you to log in. For this purpose, we also store and process such data.

By registering on our website or in a Powering Offroad application with the help of Facebook Connect, you agree that your profile data may be transferred to us from your Facebook profile and, conversely, that we may transfer data to Facebook.

Please also note that Facebook receives information via Facebook Connect about how you use our Powering Offroad applications and our website.

For information on the purpose and scope of data processing, the further processing and use of data by Facebook and your rights and settings options to protect your privacy, please refer to Facebook’s data privacy policy: https: //www.facebook. com / policy.php.

8.3 Chat

For the in-app chat service we have used the Chatra tool service (https://chatra.io/es/).

8.4 Adjust

The Powering Offroad applications and our website use the Adjust service of adjust GmbH (Saarbrücker Str. 37A, 10405 Berlin). The Adjust service has been audited and certified according to the ePrivacyseal (see https://www.eprivacy.eu/vergebene-siegel/).

This service allows us to monitor our marketing performance, adjust our advertising campaigns and better understand, in general, how you use our application. To achieve this goal, we may, among other things, monitor in real time how you interact with our application. For this purpose, Adjust, for example, collects your IP address anonymously (as a hash value), and tracks when you install and open the Asana Rebel application(s) for the first time, how you interact with the application or which advertisements you click on.

Once collected, such data is not combined with any other data for personally identifiable purposes.

You can choose at any time that such data will no longer be collected in the future. If so, simply use the settings deactivation option at https://www.adjust.com/opt-out/.

8.5 Amplitude

Amplitude is an analytics service of Amplitude Inc (631 Howard Street, Suite 300, San Francisco, CA 94105, U.S.A.). This tool collects technical information, such as the type of your device (e.g. iPhone 6), the operating system used (e.g. iOS 10.3) or the name of your provider (e.g. Orange). In addition, Amplitude tracks events that occur in our Powering Offroad apps. Such events can, for example, be completed trainings. In other words, Amplitude helps us understand how you use our Services.

Data collected by Amplitude Inc. in the United States is transferred to Amplitude Inc. servers in the United States, where it is stored. Amplitude is certified for privacy protection in the EU and the USA.

Additional information on how Amplitude processes data can be found at: https://amplitude.com/privacy.

8.6 Facebook Custom Audiences

We use the remarketing function “Custom Audiences” of Facebook Inc. (1601 Willow Road, Menlo Park, California 94025, U.S.A.). This function allows us to show visitors to our website and users of Powering Offroad’s interest-based apps when they visit Facebook (“Facebook ads”), and to analyze such Facebook ads for statistical and market research purposes, which helps us to Optimize future advertising. For this purpose, we use the so-called Facebook Pixel (website) and the Facebook SDK (Powering Offroad application).

The data collected is anonymized for us and does not allow inferences about your identity. Apart from us, Facebook, however, also stores and processes such data. Facebook may correlate such data with your user profile, and Facebook may also use such data for its own advertising purposes in accordance with Facebook’s data privacy policy (https://www.facebook.com/about/privacy/).

Such data may allow Facebook and its partners to display ads on or off Facebook.

In general, Facebook also stores such data on servers in the USA. Facebook is certified for privacy protection by the EU and the USA.

You can usually block the placement of cookies on your computer by selecting the appropriate settings on your browser, so that cookies will no longer be placed on your computer in the future and/or so that cookies that have already been placed are deleted. If you do so, you may no longer be able to use some functions on our website correctly.

With the help of an opt-out cookie from the Digital Advertising Alliance, you can also completely disable advertising from third-party providers, such as Facebook: https://www.aboutads.info/choices/.

Alternatively, you can deactivate the remarketing function “Custom custom customizations” in your Facebook settings: https://www.facebook.com/settings/?tab=ads#_=_.

To do so, you must be registered on Facebook.

9. Data Security

Data transfers are generally subject to security breaches. It is technically impossible to protect your data 100% from access by third parties. However, we strive to minimize this risk as much as possible. Therefore, we maintain the most advanced measures to ensure data security and to protect your data from third-party access. In addition, we use strong SSL or TLS encryption for all data transfers. However, please make sure that you do not provide your login data to third parties.

10. Third party websites

We occasionally place links to third party websites. Although we carefully select such third parties, we do not warrant or assume any responsibility for the accuracy or completeness of the content or the security of the data on third party websites. This Privacy Policy also does not apply to linked third-party websites. We assume no responsibility for the data privacy policies or content of any other website.

11. Changes to this Privacy Policy

We may need to make changes to this Privacy Policy, for example, if we add new features or services to the App. However, we will notify you of any changes and ask you to read and agree to those changes before we implement them.

12. Your rights: information, revocation, erasure and data controller

You may at any time and free of charge request us to provide you with information about your personal data that we process, the correction of any errors in your personal data, the termination of the processing of your personal data or the erasure of your personal data – subject to mandatory legal provisions or obligations to the contrary. In particular, if you qualify as the “data subject” under the terms of (GDPR), you have the right to:

request information about the personal data we process about you in accordance with Art. 15 GDPR.
in accordance with Art. 16 GDPR, to immediately demand the correction of incorrect data or the completion of incomplete personal data stored with us;
under Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing of the data is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
in accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data insofar as you dispute the accuracy of the data or the processing is unlawful;
in accordance with art. 20 GDPR, to receive your provided personal data in a structured, standard, machine-readable format or to request transmission to another controller;
in accordance with Art. 7 (3) GDPR, to revoke at any time your consent previously granted to us. As a result, we will no longer be able to continue data processing based on this consent for the future;
In accordance with Art. 77 GDPR, users have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters for this purpose.
In addition, if your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) (f) GDPR, you have the right to lodge an objection against the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons based on your particular situation or that the objection is directed against direct marketing. In the latter case, you have a general right of objection, which we shall implement without you specifying any particular situation.

13. Data controller and data protection officer contact details

To exercise your rights under GDPR, simply contact us at any time by letter or email to:

Powering Real Riders S.L.,

Cerros de Navalcón, 142 Collado Villalba (28400)

Madrid, Spain.

E-mail: Customer Support

Director: Andrea Mañas.

Registered in the Mercantile Registry.

VAT NUMBER: B88224795

Legal administrator of the company: Pachi Guzmán.

VAT ID: _________

External Data Protection Officer ________

For all requests related to the security of your data, you can contact our data protection officer at info@poweringoffroad.com.

Please note that e-mail communications can always be flawed by security breaches. Therefore, if you have a particularly confidential request, please contact our data protection officer by postal mail.

TERMS AND CONDITIONS OF USE

The following General Terms and Conditions provide the legal framework for the Powering Offroad application.

Therefore, please read these Terms of Use and Conditions carefully before using our online platforms or purchasing our Products and Services. The purposes of these General Terms and Conditions of Use are the basis for the resulting user agreement between you and Us, Powering Real Riders SL, Cerros de Navalcón 142, Collado Villalba, Madrid (Spain), hereinafter referred to as “We” or “Us”.

These General Terms and Conditions of Use include the Privacy Policy, which describes the types of personal and non-personal data we collect and how we use such data. This Privacy Policy applies to all Powering Offroad products and services. Therefore, please be sure to read and understand our General Terms of Use and Conditions, as well as the Privacy Policy.

By using any of Powering Offroad’s Products and Services, you warrant and represent that (i) you have read, understood and agree to these Terms and Conditions of Use, (ii) you are 18 years of age or older (or are a parent or a guardian with such authority to accept these Terms and Conditions for the benefit of a person under 18 years of age). If you do not agree to the terms set forth in these Terms and Conditions of Use, and the consents associated with them, do not use our Products and/or Services.

Last revision: October 2019

Scope of application

1.1 Contractual partners and subject matter of the contract.

These General Terms and Conditions provide the basis for the resulting user agreement between you and Us. The subject matter of the agreement is the free or paid use of the services offered by Us on the website www.poweringoffroad.com or the Powering Offroad application (hereinafter individually referred to as “Powering Offroad Services” or, in general, “Powering Offroad”) .

1.2 Additional terms and conditions

We reserve the right to make your use of certain Powering Offroad services subject to additional terms and conditions. We will notify you prior to your use of such additional terms and conditions.

If you use Powering Offroad Services through the Powering Offroad app and have downloaded the app from a third party app store, the General Terms and Conditions, including the app store’s Privacy Policy and/or Terms of Use, will apply. to these General Terms and Conditions. In the case of the iTunes store, such terms include, for example, the “End User License Agreement for Licensed Applications” (which you will find at www.apple.com/legal/internet-services/itunes/ww/). You will find Google Play’s terms of use at www.play.google.com/intl/de_de/about/play-terms.html. Be sure to check the terms of use of these third parties that apply in your country. In the event of a conflict, these Terms of Use will prevail.

Health requirements

You will use Powering Offroad services only at your own risk.

Any time you use Powering Offroad Services, you must be in good health. If you have any known pre-existing health conditions or illnesses, consult your physician before you begin using Powering Offroad Services. This is particularly important if you suffer from any cardiovascular or metabolic conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.

Do not use Powering Offroad Services if, for example, you experience injury, significant pain, recent surgery, general malaise, shortness of breath, nausea or dizziness, or any significant illness or other health conditions. If such an event occurs, consult your physician before starting or continuing to use Powering Offroad Services.

You must understand that we do not have the ability to know your physical condition, therefore, if you continue to use Powering Offroad Services, we understand that you are in a state of health suitable to practice our training program and/or any other service we provide.

3. Participation requirements

To participate in the Powering Offroad application, you must open a user account, be at least 18 years of age and have full legal capacity.

By entering into a contract with us, you represent that you do not have another user account with us and that your user account has not been suspended or terminated in the past due to violation of our Terms of Use and Conditions. In such cases, we will not enter into another or new user agreement with you. You also declare that all information provided by you during the registration process is true and complete. We do not have the possibility to verify and/or prove the information you provide us through the personal questionnaire you will find in the Powering Offroad application.

4. Conclusion of the contract, user account.

4.1 Registration process

To use the Offroad Powering Services, including the App, you must first register and open a user account. The Privacy Policy is available to you, so please be aware of the types of personal and non-personal data we collect and how we use it. When you register, we will ask you to agree to the General Terms and Conditions of Use and also to our Data Privacy Policy.

Alternatively, you can also register with your Facebook account. In that case, the registration process will be completed once you have entered your Facebook account information and clicked the “confirm” button.

How a user agreement will be concluded depends on how you first register and whether you sign up for any additional paid services.

4.2 Online registration at www.poweringoffroad.com

If you register on our website www.poweringoffroad.com or related landing pages owned by us, a user agreement between you and Us will be obtained once you have completed the registration process on our forms.

4.3 App store registration

If you register via the Powering Offroad app, you will obtain a user agreement according to the rules of your app store. As a general rule, as soon as you click the “install” button in the store, you will enter a binding agreement and enter your password. To use Powering Offroad’s services, however, you still need to open a user account through the Powering Offroad app.

4.4 Conclusion of the payment subscription agreement.

You can activate additional services by in-app purchases. If you purchase additional services on our website www.poweringoffroad.com, a binding contract will be generated when you click the “Buy Now” button (or similar button) and have successfully entered your payment information. If you purchase additional services through your Powering Offroad app, a subscription agreement will be obtained when you click the “Buy Now” button during in-app purchase (or similar button), and when you have entered your App Store password. if required.

4.5 Input error correction.

If you wish, you may cancel the transaction to purchase a subscription at any time. You can also correct any input errors until you have successfully entered your payment information.

If you wish to purchase a subscription via in-app purchase through your Powering Offroad app, you will pay for the service through your account with your app store. Therefore, please contact your app store if you wish to correct any input errors.

5. Terms of engagement

5.1 User consent

The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite period, and will terminate when you delete the Powering Offroad application and terminate the user agreement.

5.2 Subscriptions

Our subscriptions have different minimum contract terms. All subscriptions will automatically renew for the minimum contract time period selected until either you or We cancel the subscription. However, you may opt out of automatic renewal of your subscription at any time by selecting the appropriate settings in the account with your app store.

6. Right of revocation

In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring, for example, to the terms of use of your app store. Please refer to the terms of use to find out to what extent you have such rights. In the United States, for example, you do not have a right of revocation.

If you have a legal right of revocation, read the following information about how you can exercise this right and what it will mean for you.

6.1 Information on revocation

If you have a legal right of revocation, this right will take effect as soon as you sign a user agreement or subscription agreement with us.

You may revoke the contract within 14 days of the contract date for any reason or for no reason at all, in which case the contract will be void.

To exercise your right of revocation, you must clearly notify us (e.g. by letter or e-mail to info@poweringoffroad.com) that you no longer wish to be bound by the contract. For this purpose, you may (but do not have to) use the enclosed standard revocation form. Any clear notice will suffice. If you use this option, we will confirm receipt of your revocation notice (e.g., by email). Your revocation notice will be timely as long as you send it before the revocation period has expired. Please address any revocation notice to the following address:

Powering Offroad, POWERING REAL RIDERS S.L., c / Cerros de Navalcón 142, 28400 Collado Villalba, Madrid (Spain)

Please contact Customer Service at: info@poweringoffroad.com.

6.2 Consequences of revocation

If you revoke the contract within the 14-day period, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund within 14 days after we receive your revocation notice. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you by mutual agreement.

If you have requested that services begin during the revocation notice period, you must compensate us for a reasonable amount for any service you have already received. This will be a prorated amount of the total amount due for the service booked, based on the period of time from the start date of the service date to the date you provide us with a notice of revocation.

6.3 Standard revocation notice form

You may use the following form for your revocation notice.

Please be sure to always inform us which off-route feeder service you wish to revoke. You can simply email us at Customer Support at info@poweringoffroad. com.

Here is a text for your revocation notice, you can copy it verbatim and complete the (*) in the form:

I/We (*) hereby revoke the contract for the purchase of the following product (*)/ the following service (*) performed by me/us (*):

Ordered / received on (*)

Customer’s name (*)

Customer’s address (*)

Customer’s signature (*)

Date (*)

(*) Please delete the alternative not applicable.

7. Termination

7.1 User Agreement

You may terminate your user account at any time for any reason or no reason at all and thereby also terminate your user agreement in its entirety.

To do so, you must email Us at Customer Service at info@poweringoffroad.com so that We can delete your user data. Please note that after your user account has been cancelled, all content and training performance data may be deleted by Us and you will no longer have access to the content you have already purchased.

If at the time you cancel your account you still have a valid subscription, any amount you have already paid for the subscription will not be refunded in whole or in part.

We have the right to terminate the user agreement for any reason or no reason at all, with two weeks’ notice, however, not before the end of the minimum contract term or the end of the applicable renewal period of your subscription.

As soon as the user cancels his account, and this cancellation becomes effective, the data controller will stop treating, processing and collecting his data. The data will be deleted from any file, database, or any other element in which they may be contained. Powering Offroad will not be able to access or use such data. However, if required by law, or by obligation to make it available to the competent authority, these data may be stored for the period necessary to comply with such obligation.

7.2 Subscriptions

You may cancel your subscription at any time for any or no reason effective at the end of the minimum contract term or at the end of the applicable renewal term.

Subscriptions purchased by in-app purchase must be cancelled by changing the appropriate settings in the app store where you purchased the subscription. If iTunes charges your subscription fee, notwithstanding the foregoing, for technical reasons, you comply with a 24-hour notice period until the end of the minimum contract term or the end of the respective renewal period. Upon cancellation of your subscription, your user account and any other subscriptions will continue until you also cancel such additional subscriptions.

Current subscriptions in the application cannot be cancelled during the term of the contract.

Alternatively, you can also send us an email to Customer Service at info@poweringoffroad.com. You can also send us a letter by post if you purchased your subscription on the website.

We have the right to cancel any subscription at the end of the minimum contract term or at the end of the applicable renewal term by providing you with 2 weeks’ prior notice in text form.

7.3 Termination for just cause

Irrespective of the above provisions, either party has the right to terminate the contract for good cause. In particular, we have the right to terminate the user agreement or your subscription with immediate effect and cancel your user account if you have seriously or repeatedly failed to comply with the provisions of the user agreement and/or these General Terms of Use and Conditions, or if you are in arrears with payment despite demand.

8. Powering Offroad products and services

You can download and use the Powering Offroad services and also the Powering Offroad app for a fee. You will receive access to your “Personal Trainer” and available workouts as part of a paid subscription, depending on the product mode.

When you download, pay for and use the Powering Offroad application, particularly over third-party networks or in other countries, you are likely to incur transmission charges from your Internet service provider.

We strive to provide you with uninterrupted operation of the Road Opening Services and to make those services available as continuously as possible. However, we advise you that total or uninterrupted availability is technically impossible, and we make no warranty for uninterrupted operation or any particular availability.

Our application is continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as the Powering Offroad application) that will operate on your terminal device at all times, if the functionality of your terminal device should be limited by technological changes.

We reserve the right to change our business model at any time and, for example, provide any or all of Powering Offroad’s services only in exchange for payment. You will then have the option to decide whether to continue to use the Powering Offroad services in exchange for payment or to stop using the Powering Offroad services. Any such change will have no effect on existing subscriptions until the end of the contract term.

Our understanding of human health and sports performance is continually evolving. This can affect how today’s workouts are evaluated. Although our workouts are based on current studies, years of professional experience and qualified findings, we do not guarantee that our workouts comply with current research findings or results.

Please note that you may need certain tools or training equipment in order to fully utilize some of the Powering Offroad Services. Such tools or equipment are not part of the Powering Offroad Services and, if necessary, must be purchased by you at your own expense or also by going to a qualified training center. We are not responsible for that actual need. We only provide you with an informative guided training tool.

9. Rights and obligations of the user

Powering Offroad services are offered exclusively to consumers.

This means that you may not use the Powering Offroad Services for commercial or other commercial purposes.

You may not allow third parties to use your user account, and you are not authorized to:

Use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of service offered;
Allow third parties to access or perceive the Powering Offroad Services, for example, an indefinite group of people by using the services in a public area (e.g., cinemas, theaters, exhibitions, showrooms, clinics, hotels, bars, training centers, restaurants, or other public areas);
Make accessible or transfer to third parties access data transmitted or used for authentication or identification purposes;
Circumvent any access control system for paid services or take any other action to use the services without authorization;
Introduce into our computer systems any viruses, worms, Trojan horses or other malware that may compromise or impair the functionality of Powering Offroad Services or steal customer data; or
Transfer or assign any rights or obligations under your contract with us to any third party.

When using Powering Offroad’s services, you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.

To ensure smooth communication with you, we ask that you include our e-mail address in your e-mail provider’s list of trusted senders.

10. Prices and payment terms

10.1 Pricing

Our prices may differ from country to country. If you decide to purchase a subscription, the price that counts for you will be displayed in the Powering Offroad app or on the website. Check the website www.poweringoffroad.com for current pricing / subscription models and services available. All prices quoted are exclusive of applicable value added taxes in each country.

We reserve the right to change prices at our sole discretion. However, any price changes will have no effect on subscriptions you have already purchased.

10.2 Collection of fees

Subscription fees are charged in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription automatically renews, the fee will be charged in advance at the beginning of the applicable renewal period. Different terms apply if the subscription fee is charged through iTunes. In this case, the fee will be charged as early as 24 hours prior to the start of the applicable billing period.

10.3 Payment Methods

If you book Powering Offroad services paid for by in-app purchase, you will be charged by the app store. Check with the app store to see which payment methods are available to you. If you book paid Powering Offroad Services on our website www.poweringoffroad.com, you will be shown a list of currently accepted payment methods during the ordering process from which you can choose. If payment is declined for reasons for which you are responsible, for example, because the amount paid is not covered by the funds in your account or because your credit card limit has been exhausted, we have the right to charge you for any costs and/or expenses actually incurred by us as a result.

We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason to do so.

10.4 Payment default

We reserve the right to seek additional remedies that may be available to Us as a result of your default.

10.5 Discount codes and promotions

To redeem your coupon, either (a) apply the code to your order in your cart or (b) your code may be automatically applied to the cart. Any coupon code cannot be applied to previous orders retroactively, cannot be used in conjunction with other discounts or coupon codes and can only be applied to one order.

We may, in our sole discretion, restrict who may participate in promotions for any reason.

11. Responsibility for contents and services.

11.1 No liability for third party content or services.

The Powering Offroad Services may include links to websites or applications from third party providers. In some cases, content made available by third parties may be displayed or the Powering Offroad Services may allow you to use additional third-party services. We strive to design our applications in such a way that this is obvious to you. All content and/or services from third party providers are subject to the applicable terms, conditions and rules of the third party providers. We hereby expressly disclaim any responsibility or liability for third party content or services. You are personally responsible for ensuring that you do not violate the terms and conditions of such third party providers.

11.2 No responsibility for user-generated content.

You are personally responsible for all content you upload using the Powering Offroad Services. We do not endorse or review such user-generated content.

11.3 User’s liability for violations of law.

When posting or making available your own content, you must comply with all applicable laws and other regulations that apply in the country in which you are using our Powering Offroad Services. Whether prohibited by criminal law or not, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.

In addition, it is your responsibility to ensure that you do not infringe the rights of third parties, including, without limitation, the privacy or publicity rights of third parties and the intellectual property rights of third parties, e.g., copyrights, trademark rights, etc. In this connection, we advise you that you must also and, in particular, own the necessary rights to your profile picture and to any other photos you upload or send via chat.

At any time, we may remove and delete any content that is illegal or violates the above principles. If you violate the above principles, we also have the right to send you a warning that we will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 7.3.

11.4 Indemnification

In the event that you have wrongfully (negligently or intentionally) violated any of the principles of Section 11.3, you are obligated to indemnify us from and against any third party claims that may arise as a result of such violations. In addition, we reserve the right to claim damages and to pursue other remedies.

12. Warranties

12.1 Applicable law

Any claim for defective service will be governed by applicable law. Your rights as a consumer shall not be affected.

12.2 No warranty on service

We do not represent or warrant that by using the chosen Powering Offroad Service, you will achieve your physical, athletic or performance goals, or achieve any other result.

The graphical estimate is only a value of your aspirational results after each training session. It only represents a measure of what you could become, as an aspirational and/or motivational goal. The graphs do not represent your actual fitness. We are not responsible for misuse or misinterpretation of the graphs. We caution you that the ability graphs should not be treated or understood as a medical prescription.

13. Responsibility

13.1 General provisions

When you use Powering Offroad’s services, you will be shown training instructions, for example, for certain exercises and workouts. You must follow these instructions at all times, otherwise you may be at risk of injury and/or other health risks.

We have no way of confirming that you are following these instructions, so we cannot guarantee your safety performance.

If you use any tools or equipment for the exercises, you are fully responsible for ensuring that such tools are working properly and that they are installed and/or configured correctly.

You are required to pay attention to our health notices and/or notices displayed on the application, and so in Section 2.

13.2 Liability for free services.

In the case of use of the free Powering Offroad Services, our liability, regardless of the legal basis, is limited exclusively to damages resulting from intentional or negligent acts or omissions, or from the lack of justified qualities. Our liability for intentional acts or omissions is generally unlimited.

Our liability for gross negligence or justified lack of qualities is limited to reasonably foreseeable damages. In all other cases, any liability or responsibility on our part is excluded.

13.3 Liability for services paid

In the case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or negligent acts or omissions, or for lack of justified qualities.

If we breach any material contractual obligation due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the preceding sentence if its performance is necessary to achieve contractual purposes and if you, the consumer, can reasonably rely on its performance.

Our liability for tortious injury to life, limb or health is not affected by the above limitations. In all other cases any liability on our part is excluded.

13.4 Responsibility of our employees and/or collaborators.

The foregoing limitations of liability in Sections 13.2 and 13.3 also apply for the benefit of our employees, co-workers and agents.

13.5 Product liability

Any claim under Spanish Product Liability Laws shall not be affected by the above exclusions or limitations of liability.

14. License Fees

14.1 Contents of Powering Offroad

The services and products offered by us in some cases include copyrighted or otherwise protected content. For example, the Powering Offroad application is a copyrighted software program.

To the extent necessary to achieve the contractual purpose, we hereby grant you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Please note that you are prohibited from disseminating or making such content available, for example, on websites. Neither the Powering Offroad application nor its content may be leased or transferred to third parties. You may not decompile, alter, edit or modify the application, except as permitted by law.

The license rights shall expire when you no longer have access to the relevant service, e.g. your subscription has ended or when the user agreement has been terminated. In case of violation of these provisions, we shall have the right to terminate the agreement for good cause without notice in accordance with Section 7.3.

14.2 Content uploaded by users

To ensure that the Powering Offroad services are at all times fully operational, we must be able to use, at any time, anywhere and without limitation, all content uploaded by you. Therefore, you grant us a license to us, worldwide, in perpetuity and without limitation, non-exclusive rights to all protected content you upload.

We may sublicense the rights of third parties, which shall include, but not be limited to, the rights of reproduction, dissemination, making available or communication to the public, and editing of protected content, for example, by changing the resolution or size of the image for technical reasons. In addition, you grant us the right to make any content you upload also available to other users, provided that this is done within the scope of the contractual purpose, for example, by informing the trainer of your copyrighted messages.

15. Data Privacy Policy

We process your personal data in accordance with our Data Privacy Policy, which you will find at www.poweringoffroad.com/data-privacy-policy/. The Data Privacy Policy regulates and discloses, in particular, to what extent other users will be able to see your personal data and what options you have to control the transfer of your personal data. In addition, we will inform you in detail how and where we process or have third parties process your personal data. By entering into the user agreement with us, you expressly consent to the above provisions. Your statutory rights of revocation, if applicable in your country, remain unaffected.

16. Changes to the General Terms and Conditions

We reserve the right to make changes to these General Terms and Conditions with immediate effect for that time in the future. We will notify you of any changes, so you will have the opportunity to object to the changes. If you continue to use our Powering Offroad Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you express your objections, we reserve the right to terminate the agreement by giving you regular notice.

17. Final forecasts

17.1 Official contract language

The official language of the contract is Spanish.

17.2 Applicable substantive law

All relations between the parties are governed exclusively by Spanish law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Online commercial transactions with European resident consumers may also be subject to the law applicable in the place of residence of the consumer, insofar as mandatory consumer protection provisions are involved.

17.3 Jurisdiction and Venue

If there is no court in Spain or other EU country where the place and jurisdiction is suitable according to your residence or corporate domicile, or if you move your permanent place of residence to another country outside the EU after the effective date of these General Terms and Conditions, or if your place of residence is unknown at the time the legal action is brought, the exclusive place and jurisdiction for any dispute arising out of this agreement shall be in the courts at the place of our registered office.

17.4 Divisibility

If any generally meaningful provision of the Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The above provisions apply if any of the clauses should have been inadvertently omitted from these General Terms and Conditions.

18. Mediation conflict resolution

The European Commission provides a platform for online dispute resolution. You, as a user and consumer, can access the ODR platform at www.ec.europa.eu/consumers/odr.

We are under no obligation to participate in any mediation proceedings before any consumer mediation board or in any EU ODR dispute resolution, nor do we intend to do so.

19. Supplier contact information

Powering Real Riders S.L.,

Cerros de Navalcón, 142 Collado Villalba (28400)

Madrid, Spain.

E-mail: Customer Support

Director: Andrea Mañas.

Registered in the Mercantile Registry of Madrid (Spain).

VAT NUMBER: B88224795

Legal administrator of the company: Francisco Miguel Guzmán.

VAT ID: _________

For all requests related to the Terms of Use and Conditions, or the Security of your Data, you can contact us at info@poweringoffroad.com.

Please note that email communications can always be flawed by security breaches. Therefore, if you have a particularly confidential request, please contact us by postal mail.

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