Date of publication: August 13, 2024.

This Privacy Policy regulates the procedure for processing and using personal and other data between the self-employed company “MSA-IT” (PRN 491328985) («Company»), which owns the FitAssist application available in the Apple AppStore and Google Play («Application»), and the User of this Application («User», «You»).

By providing the Company with personal and other data through the Application, the User confirms their consent to the use of the specified data under the terms outlined in this Privacy Policy.

If the User does not agree with the terms of this Privacy Policy, they must cease using the Application.

The unconditional acceptance of this Privacy Policy is the User's initiation of using the Application.

1. TERMS

1. Application – is the application available in the Apple AppStore and Google Play, called FitAssist, and accessible for download at the official website https://fitassist.ru/. All exclusive rights to the Application and its individual elements (including software, design) belong to the Company in full. The transfer of exclusive rights to the User is not covered by this Privacy Policy.

2. User – is an individual using the Application.

3. Client – is a category of User who has their personal profile in the Application and uses the Application to communicate with other Users, exchange information, keep a log of their workouts with the possibility of using paid services provided by the Platform or Coach.

4. Coach – is a category of User who has their personal profile in the Application and uses the Application to communicate with other Users, exchange information with the possibility of providing paid services.

5. Paid services – are services provided by the Platform or Coaches based on the User Agreement.

6. Legislation – refers to the current legislation of the Republic of Belarus.

7. Personal data – refers to personal data of the User that they provide about themselves during Registration or while using the functionality of the Application.

8. Data – refers to other information about the User (not included in the concept of Personal data).

9. Registration – is creating a new User account in the Application by entering information required for registration in the registration form.

10. Registration form – is a form located in the Application that the User must fill out for Registration in the Application.

2. COLLECTION AND PROCESSING OF PERSONAL DATA

1. The Company collects and stores only those Personal data that are necessary to provide access to Paid services from the Platform or Coach and for full interaction with other Users.

2. The Company will retain your personal data for as long as necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

3. When the retention period for this type of data expires, we will delete or destroy it.

4. You can delete your data within the application at any time.

5. Personal data may be used for the following purposes:

• 5.1. providing paid services to Clients;
• 5.2. identifying Users;
• 5.3. interacting with Users;
• 5.4. sending advertising materials, information, and requests to Users;
• 5.5. conducting statistical and other research;
• 5.6. processing User payments;
• 5.7. monitoring User operations to prevent fraud, illegal betting, money laundering.

6. The Company also processes the following data:

• 6.1. email address;
• 6.2. last name, first name, and patronymic;

7. Users are prohibited from providing third-party personal data in the Application.

3. PROCEDURE FOR PROCESSING PERSONAL AND OTHER DATA

1. The Company undertakes to use Personal data in accordance with the Law of the Republic of Belarus "On Personal Data Protection" No. 99-3 dated May 7, 2021, and internal documents of the Company.

2. The confidentiality of Personal data and other User data is maintained unless these data are publicly available.

3. The Company has the right to transfer Personal data and User data without User consent to:

• 3.1. government authorities, including investigative bodies and local self-government bodies upon their motivated request;
• 3.2. other cases directly provided for by current legislation of Belarus.

4. The Company has the right to transfer Personal data and Data to third parties not specified in paragraph 3 of this Privacy Policy in cases such as:

• 4.1. transfer occurs as part of a sale or other transfer of business (in whole or in part), whereby all obligations regarding compliance with this Policy pass to the acquirer;
• 4.2. transfer is necessary within user utilization of Application or provision of Paid services to Users;
• 4.3. User has expressed consent for such actions;

4. MODIFICATION OF PERSONAL DATA

1. The User can change (update, supplement) their Personal data at any time by editing their profile in the Application or by sending a written request to the Company.

2. The User has the right to delete Personal data at any time.

3. The User guarantees that all Personal data is accurate and does not relate to third parties.

5. PROTECTION OF PERSONAL DATA

1. The Company properly protects Personal and other data according to Legislation and takes necessary and sufficient organizational and technical measures for protecting Personal data.

2. Protective measures applied include protecting Personal data from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other illegal actions by third parties concerning them.

6. OTHER PROVISIONS

1. This Privacy Policy and relations between Users and Company arising from its application are governed by law of Republic of Belarus.

2. All possible disputes arising from this Agreement shall be resolved according to applicable law at Company's registered location.

3. Before going to court, Users must comply with mandatory pre-trial procedures and send an appropriate claim in writing to Company. Response time for claims is 30 (thirty) working days.

4. If for any reason one or more provisions of this Privacy Policy are found invalid or unenforceable, it does not affect validity or enforceability of remaining provisions thereof.

5. The Company has right at any time unilaterally change this Privacy Policy (in whole or in part) without prior consent from Users; all changes take effect upon publication on website at https://www.fitassist.ru/ and within Application.

6. Users undertake independently monitor changes in Privacy Policy by reviewing its current version.

7. CONTACT INFORMATION OF THE COMPANY

1. E-mail: msait.evtushenko@gmail.com

2. Address: 246032, Republic of Belarus, Gomel, 50 let BSSR Street, 7, office 6