The Band Gym App End User License Agreement
This End User License Agreement (“Agreement”) is between you and The Band Gym and governs use of this app made available through the Apple App Store. By installing the The Band Gym App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the The Band Gym App.
In order to ensure The Band Gym provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
1. Parties: This Agreement is between you and The Band Gym only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. The Band Gym, not Apple, is solely responsible for the The Band Gym App and its content.
2. Privacy: The Band Gym may collect and use information about your usage of the The Band Gym App, including certain types of information from and about your device. The Band Gym may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the The Band Gym App.
3. Limited License: The Band Gym grants you a limited, non-exclusive, non-transferable, revocable license to use the The Band Gym App for your personal, non-commercial purposes. You may only use the The Band Gym App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Objectionable Content Policy: Content may not be submitted to The Band Gym, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
5. Warranty: The Band Gym disclaims all warranties about the The Band Gym App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, The Band Gym, not Apple, shall be solely responsible for such warranty.
6. Maintenance and Support: The Band Gym does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, The Band Gym, not Apple, shall be obligated to furnish any such maintenance or support.
7. Product Claims: The Band Gym, not Apple, is responsible for addressing any claims by you relating to the The Band Gym App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the The Band Gym App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
8. Third Party Intellectual Property Claims The Band Gym shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the The Band Gym App. To the extent The Band Gym is required to provide indemnification by applicable law The Band Gym, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the The Band Gym App or your use of it infringes any third party intellectual property right.
This Application collects some Personal Data from its Users.
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Access to third party services' accounts, Location-based interactions, Content commenting and Interaction with external social networks and platforms. The Personal Data used for each purpose is outlined in the specific sections of this document.
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the user has made more of their data public, more information will be available.
Provides read access to the authorized user's check-ins
Provides access to the user's primary email address
Provides access to the list of all of the pages the user has liked.
Provides access to the photos the user has uploaded, and photos the user has been tagged in.
Allows the app to publish to the Open Graph using Built-in Actions, Achievements, Scores, or Custom Actions. The app can also publish other activity which is detailed in the Facebook's Publishing Permissions document.
Personal Data is collected for the following purposes and using the following services:
These services allow this Application to access Data from your account on a third party service and perform actions with it. These services are not activated automatically, but require explicit authorization by the User.
Access to the Facebook account (This Application)
Content commenting services allow Users to make and publish their comments on the contents of this Application. Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments. If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when users do not use the content commenting service.
Facebook Comments (Facebook)
These services allow interaction with social networks or other external platforms directly from the pages of this Application. The interaction and information obtained by this Application are always subject to the User’s privacy settings for each social network. If a service enabling interaction with social networks is installed it may still collect traffic data for the pages where the service is installed, even when Users do not use it.
Facebook Like button and social widgets (Facebook)
Geolocation (This Application)
This Application may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Application. Personal Data collected: Geographic position.
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User is aware of the fact that the Data Controller may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
The legal or natural person to whom the Personal Data refers to.
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User's device.
Latest update: January 26, 2021.