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JULY 2023

PRIVACY AND PERSONAL DATA PROTECTION POLICY WORKOUT, INC.


  • 1. LEGAL NOTICE AND CONDITIONS OF USE:

    This document provides the terms and conditions of use that regulate the access, use and the website navigation https://www.workoutpa.com, and its sub-domains https://presales.workoutpa.com, https://stock.workoutpa.com, https://future.workoutpa.com property of WORKOUT INC. and its licensees, also to all sites related or linked to the website.

    It is constituted by the Security Policy, Privacy and Personal Data Protection, in accordance with Panamanian laws, and will be applied to the treatment of personal data collected from the commercial activity, and the services and products offered to customers and the public.

    The use of the website, and the services that are accessed from it, or other pages redirected from said website as well as the social media profiles owned by WORKOUT INC, is conditions under the criteria of this document, so the user shows their agreement with these conditions of use, by continuing to browse it.

    All text, images, graphics, user/visuals interfaces, trademarks, logos and programming code, including without limitation, the design, structure, selection, coordination, expression, style, and content organization, belong to or have been licensed to WORKOUT INC. and are protected by the laws of intellectual property and unfair competition.

    Except for an authorization, you may not copy, reproduce, replicate, download, send, publicly display, encode, transmit or distribute in any way the content of the website without the authorization of WORKOUT INC.

    WORKOUT INC reserves the right to modify this document at any time, as a user, you should consult it periodically to keep it updated. The access and use after modifications or changes imply acceptance by the user.


    • 1.1 Access and Use Conditions:

      • “THE WEB SITE” WORKOUT INC, and its pages (redirected) is a private page which can only be accessed with the username and password provided by the owner.The user is responsible for the access provided and undertakes not to share or disclose them to third parties, including collaborators of the same organization for any purpose.

      • The user must comply with the organization's policy regarding the use of secure passwords, update them and use the second authentication factor.

      • The user must access from a device with secure internet access, trying to reduce information security risks when accessing through public and unsecured networks.

      • The user agrees to use the website in compliance with all security policies.

      • It is the user's responsibility to keep the operating system and connection tools updated, to guarantee the security and privacy of your account within the web.

      • Is prohibited the use of BOTS, RAP and other automatic devices, programs, algorithms, manual processes to access, copy or monitor any part of the site, to get or try to get, materials, documents or information prohibited through it.

      • It is prohibited to carry out explorations, scanning or evaluations of the vulnerability of the website, or any network connected to it.

      • Is prohibited the violating the security or authentication requirements of the website or any network connected.

      • Is prohibited to carry out data tracking actions of the users of the website or the exploitation of tools with the purpose of obtaining personal identification information of the users.

      • Is prohibited to carry out actions that cause the saturation of the website or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the site, or that cause affectations to the infrastructure of the site or in WORKOUT INC. systems, linked to the website.

      • The user, having access to privileged information within the private interface of the web, only accessible to registered users, agrees to keep the information strictly confidential, the user also agrees not to disseminate, transmit or make information available to third parties. , data, content, images, graphics, photographs, videos and in general any material not available to the public.

      • In the event that &dquo;The website“ or social network profiles, owned by WORKOUT INC., show links to other web pages or profiles of third parties; links, banners or embedded content, WORKOUT INC. informs that these are managed directly by third parties, having no means of knowing, controlling or approving their content and management. WORKOUT INC. does not assume any type of responsibility for any aspect of services and products outside of its platforms or web page.

      • WORKOUT INC. does not authorize the establishment of links to the website or profiles of social networks from pages or profiles of third parties, which contain illegal material, discriminatory, obscene material, contrary to law, morality, and public order.

      • The user will be responsible for any non- compliance with this privacy policy and personal data protection policy.

    • 1.2 Cookies Terms of Use:

      “Cookies” are files that are downloaded to the computer when accessing certain web pages, which allow a web page to consult the previous activities and browsing habits of a user or computer.

      THE WEBSITE uses cookies to personalize the user experience, which may include collection of personal data such as: IP address, unique cookie identifier, information about the device and software, information about the browser, information about the interaction with the platform such as preferences, access time and referring URL.

      Google Analytics is used with which you can access data on age range, gender, and geolocation, to maximize the user experience; Google Analytics has its own privacy policies regarding the information it collects, so we recommend knowing the privacy policies visiting the website www.policies.google.com/privacy

      Without your express consent – by activating cookies in your browser – WORKOUT INC. will not link the stored data in the cookies with your personal data provided at the time of registration.

      This collection of information through “cookies” allows us to offer a better “online” experience to our users; by collecting statistics to improve services. Our website uses the following cookies:

      • Technical/Functionality Cookies: They are necessary to review the basic functionalities of the platform and therefore are always enabled for them. These cookies allow us to recognize the user, and are used for the access and purchase processes, as well as assistance in matters of safety and compliance with regulations.

      • Performance cookies: These cookies track usage to improve the functionality of the page, request processing speed and remember preferences.

      You can change your cookie preferences by visiting the “Cookie Settings” section of the website.

    • 1.3. Privacy Policy and Protection of Personal Data:

      WORKOUT, INC., is committed to protecting the privacy of its business partners, clients, employees, and general users who have directly or indirectly provided personal identification information to Workout Inc., during the execution of its commercial activities and during the processing activities to which data is subjected and which are carried out in respect of the principles of access, legality, equity, confidentiality, security and loyalty.

      Workout Inc. is committed to protecting the integrity of all personal information to which it has access and protecting it from improper use and/or access, according to Law 81 of 2019, on Protection of Personal Data and the regulations issued by the authorities and applying the best security practices on the matter, and will inform the owners of the personal data of any processing carried out by third parties that is considered to be contrary to the regulations in the Republic of Panama and that could represent a risk to personal data

      • 1.3.1 Data Controller:

        Workout Inc. is responsible for the processing of Personal Data. The main office is located in Punta Pacifica, Metro Bank Tower, 6th floor, Panama City, Republic of Panama. Telephone 2157862. For issues related to the Rights of the owner of personal data (ARCO RIGHTS), you can contact pdp@puma.com.pa or access the forms that are available on the website  https://stock.workoutpa.com/en/requisition 

      • 1.3.2. Collection of Personal Information:

        WORKOUT INC. collects a series of personally information, which is provided directly by the client, or is sometimes collected through third parties.

        By directly providing us with your personal information and/or sensitive data, you declare your understanding of informed consent, and acceptance of collection and use for the reasons established in this document. Workout Inc. does not collect information except in proportion to the need for use, as established in this policy and the Personal Data Protection regulations of the Republic of Panama.

        The information we collect is detailed below:

        • Name and surname
        • Address and PO Box
        • Email address
        • Phone number / Cell phone
        • Birthdate
        • Number of Personal ID or passport
        • Purchase information
        • Your mobile device information (example: device model, operating system version, device date and time, unique device identifiers, mobile network information)
        • How you use our sites and mobile apps, search terms, pages of our mobile apps you visit, and app performance
        • Geographic location
        • Media information (advertising engagement on social, digital, and broadcast media)
        • IP address
        • Any other information that is required and authorized by you or by current legislation, in order to provide you our services.

        WORKOUT INC., it is a company established in a special free customs zone (Colón Free Zone), is obliged to comply with due diligence regulations for clients, suppliers and collaborators, that is why periodically updating information will be required, which in some cases may require different identification data and complementary information related to the natural person directly linked as a client, both for compliance obligations, as well as to comply with the regulatory obligations inherent to their commercial activity.

        To comply with the obligation to obtain information from clients, WORKOUT INC. also collects and stores its clients' information using information from public and/or private third parties, foreign and local, such as the Public Registry of Panama, the Panamanian Credit Association. (APC), Lists of Government Organizations such as the United Nations, the Office of Foreign Assets Control, among others.

        1.3.2.1 Treatment and Protection of information under the obligation of Due Diligence:

        The updated guidelines and regulations in the Republic of Panama impose on companies established in the Colón Free Zone the obligation to maintain confidentiality and not disclose their clients' information related to their operations, except in specific cases.

        1. When the information has been requested by a competent authority in accordance with the applicable law.

        2. When requested by the competent authority in compliance with the legal and regulatory guidelines related to the prevention of money laundering, financing of terrorism, financing of weapons of mass destruction and related to any other crime indicated by the competent authorities.

        3. When used for any legal process between the client and WORKOUT INC.

        In accordance with applicable legal guidelines, the records and documentation that support commercial operations with clients, must be kept safe for up to seven years.If you choose not to provide information, we may not be able to provide you our products through our digital services or the information you request.

      • 1.3.3 Management of database and personal data:

        WORKOUT INC. only processes the data to achieve the established purposes in the contractual relationship with its clients and try to apply the best practices to guarantee the security of the computer security infrastructure and the protection of Personal Data and PII and the databases of data containing Personal Data and PII.

        Our main objective is to guarantee the confidentiality, integrity and updating of the Personal Data managed due to our commercial activity and for this to be achieve, we comply with all procedures that guarantee regulatory compliance by WORKOUT INC. The personal data managed are for the exclusive use of WORKOUT, INC., and will not be shared without the prior authorization of its owners.

        La información que recopilamos es la que detallamos a continuación:

        The updating of Personal Data and the PII will be done periodically based on the guidelines established by the regulators based on the Compliance standards and the regulations for the Protection of Personal Data, in Panama.

        1.3.3.1 Legitimate Interest in the processing of personal data:

        Depending on the type and commercial relationship between WORKOUT INC., and the owner of the personal data, in addition to the personal data requested in this Privacy Policy, WORKOUT INC may request the following personal data: other sources of income; as well as the position and responsibilities in said associations; Confirmation of membership in political groups and/or proximity to politically exposed people, in compliance with the due diligence regulations required by the organization.

        WORKOUT INC. declares that measures have been taken to ensure that only Personal Data and IIP necessary for the type of commercial relationship established with the data subject are requested, for this purpose each administrative unit, in collaboration with the Personal Data Protection Officer and Compliance Officer, will periodically review the personal data requested from clients to ensure that no more data is requested than is necessary to meet the objectives of the contractual relationship.

        The Personal Data and PII of clients obtained and managed by WORKOUT INC. will be processed for the provision of the following services:

        • 1. Manage Purchases
        • 2. Manage Orders
        • 3. Requests for information to the products and services we offer.
        • 4. Customer service monitoring
        • 5. Manage platform subscription services.
        • 6. Manage pre-sales and seasonal sales.
        • 7. Send marketing communications and other information about products, services, and promotions.
        • 8. Manage the credit limit or any obligation with WORKOUT INC.
        • 9. Enforce our contractual rights.
        • 10. Make notifications due to the contractual relationship.
        • 11. Due Diligence processes and to get to know our clients that Panamanian Legislations and regulations.
        • 12. For any other activity that you authorize us to do.

        WORKOUT INC. and all personnel who have access to your personal information will handle it confidentially, even when the relationship with the user has ended. WORKOUT INC. does not sell our databases for any reason.

      • 1.3.4 Rights of the owners of personal data:

        As established by current regulations on data protection, the owners of Personal Data can exercise their ARCOP Rights at any time:

        • 1. Right of Access: Allows the owner to obtain their Personal Data that is stored or in databases of public or private institutions, in addition to knowing the origin and purpose for which they have been collected.
        • 2. Right to Rectification: Allows the owner to request the correction of their Personal Data that is incorrect, irrelevant, incomplete, outdated, inaccurate or false.
        • 3. Right of Cancellation: Allows the owner to request the delete of incorrect, irrelevant, incomplete, outdated, inaccurate, false Personal Data.
        • 4. Right to Object: Allows the owner, for well-founded and legitimate reasons related to a particular situation, to refuse to provide their Personal Data or to allow it to be subject to certain processing, as well as to revoke their consent.
        • 5. Right of Portability: right to obtain a copy of the Personal Data in a structured manner, in a generic and commonly used format, which allows it to be operated by different systems and/or transmitted to another person responsible, when:

          • The owner has delivered their data directly to the person responsible.

          • Volume of data, processed in an automated way.

          • The owner has given consent for the processing, or it is required for the execution or fulfillment of a contract.

        Based on the ARCOP rights, WORKOUT INC. declares that the owner of the Personal Data has the right to:

        • 1. Know and access for free to the Personal Data that WORKOUT INC. has stored or on which it is carrying out some type of processing. When the owner requests that the information be provided on a physical medium (paper, USB, compact disk, etc.), they must assume the cost of this request.
        • 2. Request, at any time, that your data be updated or rectified when the data is incomplete, incorrect, inaccurate, fragmented.
        • 3. Be informed by WORKOUT INC of the use that has been made of your Personal Data.
        • 4. Oppose for any treatment that has not been authorized or has been expressly prohibited.
        • 5. Revoke the processing authorization and request the deletion of the data when the processing authorization parameters expressly indicated, or the regulations are not respected.
        1.3.4.1 Procedures for consultations and exercise of ARCOP Rights by the owners of Personal Data:

        WORKOUT INC. makes available to its clients and users a form to exercise their rights as owners of personal data, and to revoke consent for processing through the website.

        The form is available at   https://stock.workoutpa.com/en/requisition   formularios and must be completed and sent digitally through the platform or to the email pdp@puma.com.pa and we will give you a response within no more than ten (10) business days, clearly, about the information that rests in our database. In the event of a request for rectification, it must be made to the indicated email and the corrections will be made within a period of no more than five (5) business days. In accordance with national regulations, cancellation and deletion of personal data cannot be requested when commercial relations with WORKOUT INC. are still in force; for a legal term, or when an administrative or judicial process in progress is prevented or hindered.

      • 1.3.5 Personal Data Protection Officer:

        WORKOUT INC., as Responsible for the Personal Data and the PII that it manages by virtue of the commercial activity it carries out and with the purpose of responding to the holders of personal data within the deadlines and in the forms established in the current regulation regarding PDP has designated a Personal Data Protection Officer, with the following contacts.

         PDP Official:JULIO APONTE
         Email:pdp@puma.com.pa
         Business Address:Punta Pacifica Torre Metro Bank piso #6
    • 1.4 Exclusion of Guarantees and Responsibility:

      WORKOUT INC. declares that it adopts reasonable security measures within its possibilities to avoid and reduce attacks or violations of its website, to guarantee the operation of the Website and prevent the existence and transmission of viruses and other components harmful to Users, but we do not guarantee nor are we responsible for:

      • The continuity of the contents of the website.
      • The absence of errors in the contents or products.
      • The absence of viruses and/or other harmful components on the Website or on the server that supplies it.
      • The invulnerability of the website.
      • The non-usefulness or performance of the contents and products of the website.
      • The damages or losses caused to themselves or to a third party, by any person who violates the conditions, rules, and instructions that WORKOUT INC. establishes on the Website or through the violation of its security systems.
      • If the User is aware of the existence of any illicit, illegal content, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, he/she must immediately notify WORKOUT INC., so that it can proceed to the adoption of appropriate measures.
    • 1.5 Right of Exclusion:

      WORKOUT INC. reserves the right to deny or withdraw access to the portal and or the services offered without prior notice, at your own request or at a third, to those users who fail to comply with these General Conditions of Use.

    • 1.6 Validity and Modifications:

      This privacy and personal data protection policy came into effect on the date of its publication and replaces and renders void any other organizational provision that is contrary to it or that has been issued previously. It may be modified at any time, so the user must consult it from time to time to keep informed of its modifications or updates.

    • 1.7 Applicable Legislation:

      The relationship established between the user of the website and WORKOUT INC. will be governed by the current regulations of the Republic of Panama and any controversy will be submitted to the Courts and Tribunals of Panama City.