Privacy Policy

1. Introduction

This Privacy Notice sets out how Fitpolo, the owner or operator of this website, collects and processes your personal data in order to promote, implement and provide the Fitpolo Services. By visiting this website, submitting your personal data or viewing or purchasing Fitpolo Services, you expressly agree to be bound by the terms and conditions of this Privacy Notice. If you do not agree to them, please do not use or access this website or any Fitpolo Services .

2. Definitions

“Affiliate”  means, with respect to any person or entity, any other person or entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with such person or entity.

“Alghanim Services”  means the products and services offered by Alghanim Online on any website or in showrooms and/or services and call centers, including but not limited to Fitpolo Services .

“Alghanim”  means the group of companies comprising Vitpolo and all its subsidiaries under the umbrella of Alghanim Industries.

“Applicable Laws”  means any privacy or personal data protection law, statute, treaty, rule, regulation, regulatory or legislative requirement, decree, license, restriction, judicial or administrative order, statute, common law or any other authorization having the effect of law in the State of Kuwait.

“Child”  means a natural person who has not reached the age of twenty-one.

“Control” including “controller,” “controlled by” and “under common control with”  means direct or indirect ownership of more than 50% of the power to direct or manage the management and policies of a person or entity, whether through ownership of securities that entitle the holder to vote as trustee, executor or general partner by contract or otherwise, including direct or indirect ownership of securities that entitle the holder to elect a majority of the members of the board of directors or similar body that governs the affairs of such person or entity.

“Data Subject” or “You”  means an identified or identifiable living natural person to whom the Personal Data is related and who uses this Website or the Fitpolo Services .

“Personal Data”  means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the data subject.

“Privacy Notice”  means this set of terms and conditions governing the processing of personal data.

“Processing”  means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Site”  means the website, the home page of which is identified as  fitpolo-me.com  and any mobile application or desktop application developed by or on behalf of Alghanim, and any successor or replacement thereof.

“Significant Personal Data”  means personal data that reveals your racial or ethnic origin, religious, political or philosophical beliefs, trade union membership, genetic data or biometric data for unique identification purposes.

“ Fitpolo ” or “we”  means Fitpolo General Trading Company S.P.C.

“ Fitpolo Services ”  means the products and services offered by Fitpolo whether online on this website or any other website or in showrooms and/or services and call centers that refer to this Privacy Notice.

3. What personal data do we collect?

We collect your personal data in order to provide and continuously improve the Fitpolo Services . We collect different types of personal data:

1.3  Personal data provided by the data subject

In order to provide a seamless customer experience, we receive and store your personal data in connection with the Fitpolo Services , including but not limited to:

• a)  Name, address and telephone numbers.
• b)  Payment information.
• c)  Age.
• d)  Personal description and photo in your profile.
• e)  Information and documents related to identity, including civil ID, national ID and driver’s license numbers.
• and)  financial information.
• g)  CCTV records in Alghanim showrooms, service centers and customer service.
• h)  Credit history information.

2.3 Automated Information

We automatically collect and store certain types of personal data about your use of the Alghanim Services. We use “cookies” and other unique identifiers, and we obtain certain types of personal data when your web browser or device accesses the Alghanim Services. We may collect automatic personal data from, including but not limited to,

• a)  The Internet Protocol (IP) address used to connect your computer to the Internet. internet.
• b)  Login, email address and password.
• c)  The location of your device or computer.
• d)  Device metrics such as when the device is in use, app usage, connection data, and any errors or failures.
• e)  Version and time zone settings.
• f)  Date of purchase.

3.3  Information from other sources

We may receive personal data about you from third party sources including Alghanim, such as updated delivery and address personal data from our carriers, which we use to correct our records and make your next purchase more easily delivered. However, we are not responsible for the privacy practices of third party websites that we do not own, operate or control. We may collect personal data from other sources including, but not limited to:

• a)  Updated delivery and address information from third parties.
• b)  Search results and links, including paid listings.
• c)  Third party applications or websites through which you allow us to collect, share and/or use your personal data.
• d)  Third party sources that provide marketing or demographic information about you to enhance our ability to tailor our content and provide you with Alghanim Services that we believe may be of interest to you.

4. The purposes for which we use your personal data

Alghanim uses your personal data to operate, provide, develop and improve the Alghanim Services, including but not limited to:

1.4  Purchasing, Delivery and Promotion

Alghanim uses your personal data to receive and process orders, provide products and services, process payments, and communicate with you about orders, products, services, and promotions for Alghanim Services.

2.4  Alghanim’s business purposes

Where appropriate, Alghanim uses your personal data for marketing, answering your inquiries, considering your employment application, performing data analysis, and for administrative, accounting, tax and auditing purposes.

3.4  Providing troubleshooting and improvement of Alghanim Services

Alghanim uses your personal data to provide operational functions, analyze performance, fix errors, and improve the usability and effectiveness of Alghanim Services.

4.4  Recommendations and Allocation

Alghanim uses your personal data to recommend products and services that may be of interest to you, identify your preferences, and personalize your experience with Alghanim.

5.4  Compliance with legal obligations

In some cases, Alghanim collects and uses your personal data to comply with applicable laws.

6.4  Communicating with you

Alghanim uses your personal data to communicate with you regarding Alghanim Services through various channels (e.g., by phone and email).

7.4  Advertisements

Alghanim uses your personal data to display interest-based advertising for features, products, and services that may be of interest to you. Alghanim does not use personal data that personally identifies you to display interest-based advertising.

8.4  Fraud Prevention and Credit Risk

Alghanim uses your personal data to prevent and detect fraud and abuse in order to protect the security of Fitpolo, Alghanim and our customers. Alghanim may also use scoring methods to assess and manage risk.

5. Disclosure and sharing of your personal data

1.5  We may share your personal data within Alghanim to provide you with access to Alghanim Services. Alghanim may market Alghanim Services to you as a result of such sharing unless you explicitly opt out.

2.5  Alghanim may be required to disclose and share your Personal Data to comply with legal obligations, and to prevent, detect, mitigate and investigate fraudulent or illegal activities related to Alghanim Services. Alghanim may disclose Sensitive Personal Data to government agencies or other authorized law enforcement agencies if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders or other legal process. Alghanim may disclose Personal Data to law enforcement agencies, third party rights holders or others in the good faith belief that such disclosure is reasonably necessary to enforce its terms or Privacy Notice, respond to claims that advertising violates the rights of a third party or protect the rights, property or personal safety of its users or the public.

3.5  Alghanim may share your personal data with third party suppliers and service providers (including but not limited to the providers of solutions to this site and the vendors located on this site), as necessary for its business purposes in order to conduct and facilitate Alghanim’s services and marketing and advertising activities.

4.5  Alghanim will share some or all of your Personal Data with another business entity in the event that we plan to merge with or are acquired by that business entity, or undergo a business reorganization, merger or restructuring. In the event of such a transaction, the other business entity (or the new combined entity) will be required to follow terms at least as broad as this Privacy Notice in relation to your Personal Data.

6. Data Subject Rights

When we process your personal data, you have a number of rights in relation to how we process your personal data and you can exercise these rights at any time. We have provided an overview of those rights below and what they mean for you. You can exercise your rights by submitting the Data Subject Rights Request (DSR) form available on this website.

1.6  Right to access information

You have the right to receive clear, transparent and easy-to-understand information about how we use your personal data.

2.6  Right of Access

You have the right to obtain a copy of the personal data we hold about you and to check that we are lawfully processing it in accordance with applicable laws.

3.6  Right to Correction

You have the right to have any incomplete or inaccurate personal data we hold about you corrected. We may need to verify the accuracy of any new personal data you provide to us.

4.6  Right to delete

You have the right to ask us to delete or remove your personal data where there is no good reason for us continuing to process it. However, we may not always be able to comply with your request for deletion for specific legal reasons which will be communicated to you, if applicable, at the time of your request.

5.6  Right to object

If we are found not to comply with this Privacy Notice or applicable laws, you have the right to object to certain types of processing, including processing for direct marketing purposes (e.g. receiving emails from us to notify you or contact you with various potential opportunities).

6.6  Right to restrict data processing

You have the right to restrict the processing of your personal data in the following scenarios:

• a)  If you want us to prove the accuracy of the personal data.
• b)  Where our use of the data is unlawful, but you do not want us to erase it.
• c)  Where you wish us to retain the personal data even if we no longer require it because you need it to establish, exercise or defend legal claims.
• d)  You object to our processing of your personal data, but we need to verify whether we have legitimate grounds to use it.

7.6  Right to data portability

We will provide you, or a third party of your choice, with your personal data in a structured, commonly used, machine-readable format. This means that it may be transmitted, copied or transmitted electronically under certain circumstances.

8.6  Right to withdraw consent

Your consent to this Privacy Policy as stated below is the legal basis for Alghanim’s processing of your personal data. However, you have the right to withdraw your consent at any time; however, if you withdraw your consent, this does not mean that the processing of your personal data, with your consent until such successful withdrawal, is unlawful.

9.6 Rights relating to automated decision-making and profiling

You have the right not to be subject to a decision based solely on automated processing which produces substantial legal or other effects on you. In particular, you have the right to:

• a)  Get human intervention.
• b)  Express your point of view.
• c)  Obtain an explanation of the decision reached after an evaluation.

10.6  Right to lodge a complaint with the competent data protection authority

You have the right to lodge a complaint with the competent data protection authority if you consider that the processing of your personal data violates any of your rights or the provisions of applicable laws.

7. Excessive or unreasonable application fees

You will not have to pay a fee to access your personal data or to exercise any of the other rights. However, we may charge a reasonable fee if we believe your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

8. Response times for data subject requests

We try to respond to all legal requests within 30 days. Occasionally it may take longer if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.

9. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the personal data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

10. Children’s Personal Data

We do not knowingly solicit or collect personal data from children. If you share any personal data of a child, you represent and warrant that you have the authority to do so and to authorize Alghanim to use the personal data in accordance with this Privacy Notice.

11. How long we retain your personal data

We retain your personal data in accordance with applicable laws for no longer than is required for the purpose for which it was collected or as required by applicable laws.

Alghanim retains your personal data where it has a legitimate interest or for the performance of a contract or where there is a vital interest of the data subject or another natural person or for the performance of a task carried out in the public interest or in the exercise of authorized official authority or for the purposes of satisfying any legal, accounting or other regulatory reporting requirements or with your consent and then Alghanim will either delete or anonymize it so that it can no longer be associated with you. However, Alghanim may retain your personal data if it believes that it may be necessary to prevent future fraud or misuse, to enable Alghanim to exercise its legal rights and/or defend against legal claims, or if required by applicable laws or for other legitimate purposes. Alghanim may continue to retain your personal data in an anonymous form for analytical and research purposes.

12. How we protect your personal data

1.12  In an effort to protect your personal data from unauthorized access, disclosure, loss, damage or misuse, we adopt security practices and procedures, at our option, in line with applicable laws or international standards.

Such as ISO/IEC 27001:2013. We design our systems with security and privacy in mind. We adopt industry standard security measures and keep updating our systems from time to time in order to protect your personal data from any breach or spread of viruses. We use various methods to protect personal data as mentioned below:

• a)  Physical measures. Locked file cabinets, restricted access to offices and alarm systems.
• b)  Technical tools. Passwords and encryption using best practices in the field in general.
• c)  Regulatory controls. Confidentiality agreements, need-to-know access restrictions, employee training, and security clearances.
• d)  Online Security. We incorporate security measures such as encryption and authentication tools to protect your personal data from unauthorized use. Firewalls are used to protect our servers and network from unauthorized users accessing and tampering with files and other personal data we store. In addition, we perform regular malware scanning to prevent personal data from being compromised.

2.12  Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. In addition, all sensitive personal data and credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

13. Automated decision making and customer profiling

Automated decisions are decisions about you that are made automatically based on computer decisions (using software algorithms) without human intervention. We use your personal data to create profiles that we create by analysing information about your online browsing, searching, purchasing and interactions with us by building segments (creating groups that have certain common characteristics) and by placing your personal data into one or more segments. These segments are used by us to personalise this website and our communications with you (such as showing you relevant content when you visit this website) and to provide relevant offers and advertising.

We use automated decision making and profiling to analyse and characterise your shopping preferences (market, customer and product analysis etc.) to enable us to review, develop and improve Alghanim Services and to enable us to provide you and other customers with relevant information through our marketing programmes and we may use your personal data to make decisions using computerised technology and we may keep you informed of such products and services including special offers, discounts, promotions, competitions etc. by email, telephone (including automated calls), SMS and other electronic messages such as picture messages, post, fax or otherwise.

We will not make decisions based solely on automated decision making that have a significant impact on you and if we do we will notify you and provide you with clear information about our decision to rely on automated processing to make our decision and the legal basis for doing so.

When we use automated decision-making, we will provide you with more information about the logic involved as well as the perceived importance and consequences.

14. Change of purpose

We will only use your personal data for the purposes set out in this Privacy Policy, unless we reasonably believe that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose we will notify you and explain the legal basis which allows us to do so and if you would like an explanation of how the processing for the new purpose is compatible with the original purpose please contact our Data Protection Officer using the contact details provided in this Privacy Notice.

15. Aggregated or pre-classified data

Alghanim may also collect and/or create anonymous and aggregated information from your use of the Alghanim Services. Anonymous or aggregated information is not personal data because we are unable to re-identify you using any means available to us from such anonymous or aggregated information. Anonymous and aggregated information is used for a variety of purposes including to assist us in identifying and correcting any errors and improving the performance of the Alghanim Services. Alghanim may use this information in a number of ways including internal analysis, analytics and research. Alghanim may share this information with third parties for purposes relating to them or to them in an anonymous or aggregated form designed to prevent anyone from identifying you.

16. How We Use Cookies

Cookies are small data files that are transferred to your device's storage by a website while you are using your web browser (if you allow) and keep a record of your activities on this site to make subsequent visits to the site more efficient. Cookies may store a variety of information including the number of times you access this site, your login information, and the number of times you view a particular page or other item on this site. The use of cookies is a common practice adopted by most major websites to better serve their customers. Most browsers are designed to accept cookies but can easily be modified to block cookies. By continuing to use Alghanim's services, you consent to Alghanim's use of cookies. If you do not consent to Alghanim's use of cookies, you can block them in your browser settings. However, you may lose some functionality on this site. For more information about third party cookies and how they are used, please read our Cookie Notice.

17. Data Protection Officer

Alghanim has appointed a Data Protection Officer (DPO) to contact if you have any questions or concerns about Alghanim’s personal data processing activities. If you have any questions or concerns about this Privacy Notice or how we handle your personal data, 

18. Consent, Indemnification and Limitation of Liability

In accordance with this Privacy Notice, you hereby grant Alghanim the right to process your personal data, internally or with third parties, for the purposes described in this Notice. You represent that you have voluntarily provided your personal data and that such personal data is true, accurate, complete and up-to-date.

You agree to defend, indemnify and hold harmless Alghanim, its shareholders, officers, directors and employees from and against any and all claims, liabilities, damages, losses or expenses (including without limitation settlement amounts, reasonable legal fees and out-of-pocket expenses), arising out of or in any way connected with your access to or use of this Site.

Alghanim, its directors and employees shall not be liable in any way for any direct, indirect, incidental, consequential or punitive damages (including, without limitation, loss of profits, business interruption and loss of programs on your information system) arising out of or relating to: (a) the use of, access to or inability to use the information or hyperlinks provided on this Site, the Alghanim Services or any Vendor Services; (b) your provision of any information including your Personal Data; (c) any failure, delay, omission, interruption or inaccuracy resulting directly or indirectly from any cause, including, without limitation, unauthorized access to or misuse of Personal Data by any third party, failure of network services, this Site or any solution that operates this Site; or/and (d) the acts or omissions of Alghanim or any of its third party service providers, agents or employees.

Alghanim disclaims and excludes to the fullest extent permitted by applicable law all warranties and representations, whether express, implied or statutory, relating to this Site or your use of this Site or the Alghanim Services, or as to the accuracy, currency or completeness of information provided by Alghanim, including without limitation the implied warranties of fitness for a particular purpose and non-infringement of any patent, trademark or other intellectual property right. All content on this Site, including without limitation all content, information and links contained therein, is provided "as is" with no warranty that it will be uninterrupted or error-free. This disclaimer applies to all causes of action, whether based on contract, warranty, tort or any other legal theory.

19. Intellectual Property Rights

This Site and all of its contents including but not limited to all text, graphics, html code, and all product names, trade names, service names, domain names, taglines or logotypes featured in the form, text or other surrounding text are copyrighted material and may not be printed, copied, published, reproduced, used (including images of faces) or distributed in whole or in part without the prior written consent of Alghanim.

20. Changes to the Privacy Notice

We may update this Privacy Notice from time to time in response to emerging legal, technical, contractual, regulatory or business developments. When we update our Privacy Notice, we will take appropriate steps to notify you, consistent with the significance of the changes we make. Your continued use of this Site constitutes your acceptance of those changes. We will obtain your consent to any material changes to this Privacy Notice when and where required by applicable law.