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Updated: 01-11-2025
The data controller responsible for your personal data is DUDY SOLUTIONS S.L. (hereinafter, “HARBIZ”), with N.I.F.: B-88570239 and registered office at Calle Núñez de Balboa 120, 28006, Madrid, Spain.
We inform you that the ownership of this Website and this App (hereinafter, the “Platform”), belongs to HARBIZ.
Access to and/or use of the Platform may be carried out by users who offer their services on the Platform (“Trainer/Advisor User”) and users interested in contracting such services (“Client User”). Together, they will be referred to as the “User(s)”. It is essential that, in order to use the Platform, Users read and accept this privacy policy (“Privacy Policy”). If they do not agree with it, they must refrain from using the Platform.
This Privacy Policy is governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Reglamento General de Protección de Datos or “RGPD”), as well as by Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights (“LOPDGDD”).
Users may contact HARBIZ at the following email address: dpo@harbiz.io.
HARBIZ collects the following personal data from Trainer/Advisor Users:
Registration data. To create their profile and access certain functionalities of the Platform, Trainer/Advisor Users must provide basic personal data such as full name, email address, profile photograph, date of birth, telephone number, as well as, optionally, links to their social media profiles.
Payment information. When the Trainer/Advisor User registers on the Platform, they must add bank details related to their account to receive payments, and must provide additional data such as their home address, etc. Some available payment methods may involve the use of external payment service providers that operate using electronic payment technologies, such as, for example, Stripe, which will also have access to the data.
Information provided in the context of communications with HARBIZ. Likewise, during use of the Platform, the Trainer/Advisor User may provide additional personal data when contacting HARBIZ, whether for resolving questions, handling queries, complaints, incidents related to the provision of the services, the operation of the Platform, etc.
Data necessary to download a manual. To download the Fitmarketing manual, the Trainer/Advisor User must provide their name, telephone number and email address.
Data necessary for commercial communications: with the prior and specific consent of the Trainer/Advisor User, if they wish to receive commercial communications related to HARBIZ, promotions, personalised offers, news about the services available or content of interest linked to the field of personal training, wellness and nutrition, they must provide their name and email address.
2.2 HARBIZ collects the following personal data from Client Users:
Registration data. To create their profile and access some of the functionalities of the Platform, Client Users must provide certain basic personal data such as full name, gender (if desired), weight, height, or information about other physical characteristics, or health data.
Payment information. When the Client User registers on the Platform, they may add a payment method that will be linked to their account, and must provide additional data such as their home address, bank details, etc. Some available payment methods may involve the use of external payment service providers that operate using electronic payment technologies, such as, for example, Stripe, which will also have access to the data.
Information provided in the context of communications with HARBIZ. Likewise, during use of the Platform, Client Users may provide additional personal data when contacting HARBIZ, whether for resolving questions, handling queries, complaints, incidents related to the provision of the services, the operation of the Platform, etc.
Data necessary for commercial communications: with the prior and specific consent of the Client User, if they wish to receive commercial communications related to HARBIZ, promotions, personalised offers, news about the services available or content of interest linked to the field of personal training, wellness and nutrition, they must provide their name and email address.
The personal data collected by HARBIZ may be used for the following purposes and according to the corresponding legal basis.
Personal data of Trainer/Advisor Users:
Manage the registration and creation of the Trainer/Advisor User profile, allow access to and use of the functionalities available on the Platform, manage the process of payments, collections and invoicing associated with the services provided, or handle any query, complaint, incident or communication you make through the enabled contact channels.
The contractual relationship and HARBIZ’s legitimate interest in complying with the applicable legal obligations, as well as in ensuring the proper execution and quality of the services provided to Users.
Ensure compliance with the regulations in force at all times, respond to requests or requirements issued by competent authorities, as well as prevent, detect, investigate and, where appropriate, adopt the appropriate legal measures against possible fraud, misuse of the Platform or breaches of the terms of use.
HARBIZ’s legitimate interest in ensuring compliance with the applicable legal obligations, as well as in safeguarding the security, integrity and protection of all Users of the Platform.
Send personalised commercial communications about services, news, promotions and content of interest related to the field of training and wellness.
Consent of Trainer/Advisor Users to receive commercial communications.
Personal data of Client Users:
Manage the registration and creation of the Client User profile, allow access to and enjoyment of the available functionalities, manage the process of payments, collections and invoicing associated with the services, and handle any query, complaint, incident or communication you make through the enabled contact channels.
The existing contractual relationship and HARBIZ’s legitimate interest in complying with the applicable legal obligations, as well as in ensuring the proper execution and quality of the services provided.
In the case of health data, the legal basis for processing will be the explicit consent of the Client User.
Ensure compliance with the regulations in force at all times, respond to requests or requirements issued by competent authorities, as well as prevent, detect, investigate and, where appropriate, adopt the appropriate legal measures against possible fraud, misuse of the Platform or breaches of the terms of use.
HARBIZ’s legitimate interest in ensuring compliance with the applicable legal obligations, as well as in safeguarding the security, integrity and protection of all Users of the Platform.
Send you personalised commercial communications about services, news, promotions and content of interest related to the field of training, health and wellness,
Specific consent of the individual Client to receive commercial communications.
The User guarantees that the personal data provided are truthful and is responsible for communicating to HARBIZ any modification thereof. The User shall, in any case, be liable for the truthfulness of the data provided, with HARBIZ reserving the right to exclude from the registered Services any User who has provided false data, without prejudice to any other actions available at law.
The personal data provided will be retained by HARBIZ for the necessary time, always complying with the legal obligations that require their retention. The retention periods for the data will be determined according to the following criteria:
While there is an active relationship between the User and HARBIZ, and the Platform’s services continue to be used.
In the event that there are legal obligations requiring the retention of data for a specific period (such as, for example, tax regulations that require personal data to be retained for a specific time).
If the retention of the data is necessary for legal reasons, such as limitation periods, potential litigation or ongoing regulatory investigations.
In the context of providing the services, HARBIZ may share Users’ personal data exclusively with the recipients and for the purposes described previously, in the following circumstances:
Third parties that provide services to HARBIZ, to the extent necessary for HARBIZ’s use and maintenance of the Platform. An example of this is payment service providers such as Stripe.
Competent authorities such as law enforcement, government bodies or courts, when the communication of the data is permitted by the applicable regulations.
Potential investors, buyers or sellers in the context of business transactions such as mergers, acquisitions, transfer of assets or liabilities, corporate restructuring or any similar transaction, as established in commercial law. The data subjects expressly consent to their data being transferred to these third parties, who will act as new data controllers.
In the case of Client Users, their personal data may be shared with Trainer/Advisor Users to the extent necessary for the provision of their services through the Platform. Likewise, the personal data of Trainer/Advisor Users may be shared with Client Users to the extent necessary for the contracting of their services through the Platform.
Users have the right to
Access their personal data. You may request that HARBIZ provide you with a copy of your personal data. In certain cases, and if technically possible, you may also request that your data be delivered in a structured, commonly used and machine‑readable format so that you can transfer it to another service provider, whenever this is technically possible.
Request the rectification of inaccurate data. You have the right to request that we correct any personal data that is incorrect or incomplete. We remind you that by providing us with your data, you guarantee that it is correct and accurate, and you undertake to notify us of any changes to it. If you provide us with data relating to third parties, ensure that this conforms with the applicable regulations.
Request erasure. You have the right to request the deletion of your personal data when it is no longer necessary for the purpose for which it was collected or if we lack the legal basis to continue processing it. However, we may sometimes need to retain certain data to comply with legal obligations or for legitimate purposes of HARBIZ, such as fraud prevention and compliance with tax regulations.
Request restriction of processing. In certain circumstances, you may ask us to temporarily suspend the processing of your data, or to retain it beyond the period normally required.
Object to the processing of your data. If the processing of your data is based on HARBIZ’s legitimate interest, you have the right to object to the use of your data at any time, unless there are legitimate reasons that prevail over your right to object. You may also object to the processing of your data for direct marketing purposes, or the processing of health data, and in that case, HARBIZ will stop using your data for those purposes.
Request portability. If the processing of your data is based on consent or on the performance of a contract, you will have the right to request that your data be transferred to another service provider, whenever this is technically possible, in a structured, commonly used and machine‑readable format.
Not be subject to automated individual decisions. You have the right not to be subject to decisions based solely on automated processes, including profiling, that may produce legal effects concerning you or similarly significantly affect you. At HARBIZ we do not make automated decisions with significant impact on users without human intervention, but if at any time we apply this type of process, we will duly inform you, always guaranteeing your right to request the intervention of a person, to express your point of view and to contest the decision adopted.
Withdrawal of consent. If the processing of your personal data is based on your consent, you may withdraw it at any time. This will not affect the lawfulness of processing carried out before the withdrawal of consent. You may change the settings of your account or send us a detailed request to the email address provided below to revoke your consent.
Without prejudice to any other administrative remedy or judicial action, the User shall have the right to lodge a complaint with a Supervisory Authority on data protection (Agencia Española de Protección de Datos).
The User may exercise all these rights by sending a letter addressed to the attention of the Data Protection Officer at HARBIZ, at Calle Núñez de Balboa 120, 28006, Madrid, Spain, or by sending an email communicating their intention in writing to the email address dpo@harbiz.io.
The protection of Users’ privacy and personal data is very important to HARBIZ. Therefore, HARBIZ does everything in its power to prevent their data from being misused, allowing access to it only to authorised personnel.
HARBIZ maintains personal data protection security levels in accordance with the applicable regulations and has established all technical means at its disposal to avoid the loss, misuse, alteration, unauthorised access and theft of the data that the User provides through the Platform, without prejudice to informing you that security measures on the Internet are not impregnable.
HARBIZ undertakes to comply with the duty of secrecy and confidentiality with respect to personal data in accordance with the applicable legislation, as well as to provide secure processing in any disclosures and international transfers of data that may occur.
In those services of the Platform that require registration as a User, a password must be chosen. The User is responsible for maintaining the confidentiality of this password, as well as for all activities that occur in the session initiated with their username and password.
The User undertakes to notify HARBIZ as soon as possible of the unauthorised use of their username and/or password or any other security breach. HARBIZ shall not be liable for any damages or losses that may arise due to the User’s failure to comply with this obligation.
HARBIZ reserves the right to review its Privacy Policy whenever it deems appropriate. For this reason, we kindly ask you to regularly check this Privacy Policy to read the most recent version.
Notwithstanding the foregoing, any change that occurs in this Privacy Policy will be communicated to the User and must be accepted by them.
If you have any questions about this Privacy Policy or the processing of your data, please contact HARBIZ by email at the following address: dpo@harbiz.io
In those cases in which the Trainer/Advisor User provides personal data of their Client Users to HARBIZ to invite them to access the Platform (for example, name and email address), the Trainer/Advisor User declares that they have previously obtained the authorisation or consent of said Client Users to share their personal data with HARBIZ, solely and exclusively for the purposes described (for example, sending the invitation to register on the Platform and managing the activation of the Client User’s profile).
Within the framework of the services offered through the Platform, Trainer/Advisor Users may request and process personal data of Client Users in order to provide their own professional services. In relation to this data, the Trainer/Advisor User will act as the data controller, using such data for their own purposes and on the legal basis that applies in each case (for example, the performance of the service contract with the Client User or the consent of the data subject, especially in relation to health data). Likewise, the Trainer/Advisor User declares and warrants that they have duly informed the Client Users in accordance with Article 14 RGPD.
The personal data requested by the Trainer/Advisor User from Client Users within the framework of the provision of their services may include.
Physical and biometric information: height, weight, age, sex, body mass index, etc.
Health‑related data: relevant medical history, previous illnesses or injuries, physical limitations, eating habits, allergies, intolerances, nutritional status, training routines, physical progress, etc.
These data are collected by the Trainer/Advisor User for the purpose of adapting, personalising and proceeding to the provision of their services (training, nutritional advice, physiotherapy, etc.) according to the specific needs of each Client User.
It will be the sole responsibility of the Trainer/Advisor User to ensure that, when collecting and processing the personal data of Client Users:
They have a valid legal basis to process such data, including the explicit consent of the Client User in the case of specially protected data such as health data.
They duly inform the Client User about the processing of their data in accordance with the provisions of the applicable regulations and in compliance with Article 14 RGPD.
They guarantee the security and confidentiality of the data, and compliance with the RGPD and other data protection regulations with respect to the processing that they carry out.
Consequently, the Trainer/Advisor User will act as an independent data controller for the data that they collect and process within the framework of the services provided through the Platform. For its part, HARBIZ will be an independent data controller for the data that it collects, in the terms established in this Privacy Policy.
Accordingly, the Trainer/Advisor User and HARBIZ will each be solely and exclusively responsible for their own breaches of the obligations incumbent upon them, as provided in this Privacy Policy and in the applicable data protection regulations. In the event that the Trainer/Advisor User or HARBIZ suffer any kind of claim or administrative sanction arising from a breach of the data protection obligations incumbent upon each of them, the Trainer/Advisor User or HARBIZ undertake to immediately hold the other harmless from such claim or administrative sanction, as well as to assume the costs and indemnify the other party, as soon as required to do so, for all expenses, costs, damages and losses of any kind (including lawyers’ and solicitors’ fees, even where their intervention is not mandatory).
