The controller of the processing of the personal information is Synerys GmbH (hereinafter “Synerys” or “we/us/our”), a company registered at Seestrasse 33, 8942 Oberrieden, Switzerland, company ID number: CHE-369.665.375
WHAT INFORMATION WE COLLECT AND HOW
We only collect personal information that is adequate, relevant, and limited to what is necessary for the provision of our products, services, and materials to you. We may collect the following types of information from you:
1. Personal information which you provide to us directly by filling any forms on our Website and/or mobile applications, creating a user account, or communicating with us via email, video chats or otherwise.
This information may include your full name, email address, postal address, telephone number, user name, password, medical history, fitness goals, nutrition practices, analyses results, and other information that is shared with us and obtained during the provision of our products, services, and materials to you.
2. Payment information which you provide when purchasing our products and services.
Payment information may include your credit/debit card information, bank account information, billing and mailing address, and other payment-related information. Your credit/debit card information is collected and processed directly by third-party payment processors such as Stripe and PayPal. We do not receive and do not store your full credit/debit card information.
3. Information collected automatically when you visit our Website.
We use various automated technologies including cookies to collect information on how you interact with our Website in order to enhance your experience. This information may include your operating system, browser characteristics, IP address, device characteristics, location obtained from your device, pages you visit, and dates and times of visits to our Website.
Cookies allow us to analyse, customise, and enhance your experience with our Website, identify and fix technology problems, provide more relevant advertising to you, provide social media features, and improve our Website, products, services, and materials.
You can read more about cookies here: http://www.allaboutcookies.org
WHY WE COLLECT YOUR INFORMATION
Each time we start collecting and processing your personal information, we will always inform you about the purposes for the collection and processing of that information and obtain your consent to do so.
We use the information we collected from you for the following purposes:
• To provide our products, services, and materials to you
• To improve and personalize your experience on our Website
• To provide advertising to you
• To respond to your inquiries and communicate with you
• To send you promotional and other marketing communications
• To administer your participation in our contests, questionnaires, and giveaways
• To analyse, perform and improve our business and develop new products, services, and materials
• To comply with and enforce applicable legal requirements and industry standards.
We may also use the information we collect from you for other purposes. In such cases we will notify you of new uses of your information and obtain your consent in accordance with the applicable law.
WHO WE SHARE YOUR INFORMATION WITH
We do not sell, share, transfer or otherwise disclose your personal information to third parties except for the following circumstances:
• We share the information that we collect from you with trusted third-party service providers that assist us in performing certain services (hereinafter “Service Providers”).
These Service Providers include:
- data storage services
- email services
- email marketing services
- payment processing services
- legal services
- hosting and maintenance services
- website tracking and analytics services
- advertising networks
- software providers
We provide Service Providers only with the information reasonably necessary for them to perform the services on our behalf. We never share your personal information with advertisers without your consent.
• When necessary for the provision of our products, services, and materials to you and for fulfilling our contractual obligations, we may share the information that we collect from you with our partners who provide services/products to you jointly with us. Such partners may include, for example, healthcare professionals and nutritionists.
• We may disclose the information that we collect from you to third parties when we are required to do so by law, for example, to satisfy an official request from government authorities, to defend our legal rights, or to facilitate an investigation of illegal activity or violation of our policies.
• We may share the information that we collect from you with other third parties if we obtain your consent to do so.
SECURITY OF YOUR INFORMATION
The security of your personal information is extremely important to us. We use a set of technological and organizational safeguards to protect your information from unauthorized access, disclosure, loss, modification or use in accordance with applicable data protection and privacy laws.
We limit access to your personal information to our Service Providers, partners, and employees for whom having that information is reasonably necessary to provide products or services to you on our behalf.
Our Website employs various protection technologies (such as an SSL certificate) that help keep your information secured. However, please note that no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information, we do not guarantee or warrant the security of any information you transmit to or from our Website, and you do so at your own risk.
INTERNATIONAL TRANSFERS OF YOUR INFORMATION
For transferring your personal information to a party outside EEA, we will ensure that at least one of the following safeguards is implemented:
• We may transfer your personal information to our Service Providers and partners located in countries that have been found to provide an adequate level of protection for personal data by the European Commission;
• We may transfer your personal information to Service Providers and partners located outside the EEA with whom we have specific contracts that ensure that your personal information will have the same protection it has in the EEA;
• We may transfer your personal information to our Service Providers and partners located in the US who are a part of the Privacy Shield scheme which requires them to provide a similar level of protection of your personal information to what it has in the EEA.
HOW YOU CAN MANAGE YOUR INFORMATION
At any time, you can request access to, rectification, or erasure of any personal information that we have collected from you. You can request a copy of your personal information that we store and transfer it to another data controller. You can also restrict, or object to, the processing of your personal information. If you wish to submit any requests concerning your personal information, please contact us at [email protected]. We will fulfil your request within 30 days unless we are obligated by law to do otherwise. If you are not satisfied with our processing of your personal information, you have the right to lodge a complaint with a Data Protection Authority (DPA).
If you no longer wish to receive communications from us by email, you can unsubscribe from our newsletters and other marketing communications by contacting us directly at [email protected], or clicking on Unsubscribe button at the bottom of our emails.
RETENSION OF PERSONAL INFORMATION
We retain your personal information for the amount of time necessary to fulfil the purposes for which we collected that information, or as required or permitted under applicable law. We have established the following retention periods during which we store your personal information before erasing it from our resources:
• We keep your contact information (your name and email address) that was collected for marketing purposes on an ongoing basis until you opt out of our marketing communications.
• We keep your medical and training history, analyses results, and other information shared by you and obtained during the provision of our products, services, and materials to you, for the period of 5 years after we have stopped providing our products, services, and materials to you, and after that we securely delete it from our resources.
Our Website and any of our products, services, and materials are not intended for children under the age of 16. We do not intentionally or knowingly collect personal information from children under 16. If you believe that we have accidentally collected your child’s personal information, please contact us, and we will delete this information from our resources.
LINKS TO THIRD PARTY SITES
HOW TO CONTACT US
Or by post: Seestrasse 33, 8942 Oberrieden, Switzerland
TERMS AND CONDITIONS
These Terms and Conditions were last updated on December 10, 2020
Synerys GmbH (hereinafter “Synerys” or “we/us/our”), is a company registered at Seestrasse 33, 8942 Oberrieden, Switzerland, company ID number: CHE-369.665.375
We provide products, services, content, and informational materials through our website (at https://www.synerys.com), Instagram account (at https://instagram.com/synerys_official), Vimeo account (at https://vimeo.com/synerys), and various mobile applications (hereinafter collectively referred to as the “Platforms”). Platforms include all versions including but not limited to web browsers and mobile and desktop applications.
All users (hereinafter, “users”, “user”, “you” or “your”) of our Platforms are subject to the terms and conditions set forth in these Terms and Conditions (hereinafter “Terms and Conditions”, “Terms”). If you purchase and use our products, services, and/or informational materials, you may be a subject to additional terms and conditions. All additional terms and conditions will be presented to you at the time of your purchase.
By using our Platforms, products, services, and informational materials, you agree to be bound by these Terms and Conditions and to comply with all their provisions. These Terms and Conditions constitute a binding contract between you and Synerys.
If You do not accept these Terms and Conditions, do not use our Platforms, products, services, and/or informational materials.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions from time to time, as our Platforms, products, services, and informational materials evolve. If we change these Terms, we will post the revised version here: https://www.synerys.com/terms-and-conditions, and indicate the date when these Terms were last updated at the top of these Terms. Your continued use of our Platforms, products, services, and informational materials constitutes your acceptance of such changes and agreement to be bound by all terms and conditions of our updated Terms and Conditions.
USE OF PLATFORMS
If you intend to use our Platforms, you agree to the following terms:
• You will not use our Platforms for any unlawful purpose or purpose that is prohibited by these Terms and Conditions.
• You will not breach any local, national, or international law.
• You will not breach any third-party’s right to privacy.
• You will not interfere with any third-party’s ability to use and enjoy our Platforms, products, services, and informational materials.
• You will not upload any viruses and other harmful software that may jeopardize the security of our Platforms.
• You will not harass, bully, insult, or threaten any other user of our Platforms.
• You will not attempt to use any other user’s account.
• You will not infringe any intellectual property rights.
• You will not share any inappropriate content on our Platforms. Inappropriate content includes without limitation content that contains, depicts, or promotes pornography, obscenity, violence, profanity, use of illegal drugs, excessive use of alcohol, racism, sexism, and any form of discrimination.
• You will not post spam or unsolicited advertising on our Platforms.
• You will not use any other person’s identity and will not behave in a deceptive or confusing manner that will make other people believe that you are any other person.
• You will not make attempts to obtain unauthorised access to any of our Platforms.
PURCHASES, PAYMENT, CANCELLATION
We provide products, services, and materials in the form of downloadable digital products, online and in-person consultations, online and in-person trainings, personalized fitness and nutrition programs, fitness competition coaching, and other products, services, and materials (hereinafter collectively referred to as the “Products”).
All prices for our Products provided on our Platforms are a subject to change without prior notice. We may present prices for some of our Products to you only after collecting preliminary information about your goals, health state, issues, and other applicable information via surveys and/or via preliminary consultation on phone, email, or in person.
By purchasing any of our Products, you warrant and represent that you are authorized to use any payment method you choose to use. You agree to defend, indemnify, and hold Synerys harmless from and against all claims and losses arising from any breach of this warranty.
You agree to provide accurate, current, and complete payment information for all purchases of our Products. All payments made on our website are processed through third-party vendors such as Stripe and PayPal. Payments for some of our Products may be made by bank transfer. You will be notified of available payments methods at the time of your purchase.
We reserve the right to refuse any of your orders for any reason.
Special Terms for Personal Consultations, Trainings, and Coaching Sessions
All payments for online and in-person trainings, fitness competition coaching, and other online and in-person consultations (hereinafter collectively referred to as the “Personal Consultations”) shall be made in advance or on the day of the Personal Consultation before that Personal Consultation starts.
You have the right to cancel any Personal Consultation at least 24 hours prior to the start of that Personal Consultation. In such cases, the price that you paid for that Personal Consultation will be refunded to you. You agree that if you make a late cancellation (in less than 24 hours before the Service starts), the price for that Personal Consultation will not be refunded, and the full price must be paid to us for that Personal Consultation. In exceptional cases, such as if you have unforeseen health issues before the start of the Personal Consultation, the refund can be made even for late cancellation. We reserve the right to cancel or postpone any Personal Consultation at short notice.
Special Terms for Downloadable Digital Products
Our digital products such as downloadable fitness programs, personalized nutrition and fitness plans, and other digital products are personal and non-refundable.
Special Terms for Synerys Ultimate Fit Programs
If you purchase a subscription for personalized workout and nutrition programs Synerys Ultimate Fit, you will be automatically charged a subscription fee presented to you at the time of your purchase every period that you have chosen at the time of your purchase. You will continue to receive updated workout and nutrition plans for the time that you choose to remain our client. In order to cancel your subscription, please send us an email to [email protected].
We offer a 14-day 100% money-back guarantee on all Synerys Ultimate Fit program subscriptions. If within the first 14 days of your initial purchase of a subscription for Synerys Ultimate Fit programs you are not happy or satisfied with your purchase and would like to cancel your subscription for any reason, you can request a full refund of the initial purchase amount. To request a refund, please send us an email to [email protected]. Please note that if you purchased a subscription for Synerys Ultimate Fit program during a promotional period and have redeemed that promotion (for example, you received promotional merchandise, supplements, and other bonuses with your subscription), you are not eligible for a refund.
Our Platforms, digital products, informational materials, and all information provided on our Platforms, digital products, and informational materials, including but not limited to text, images, audio and video clips, photographs, trademarks, designs, layout, graphics, software code, functionality, logos, symbols, names, product designations, and all other content (hereinafter collectively referred to as the "Materials"), are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and owned by Synerys or our licensors with all rights reserved.
You may not, directly or indirectly, copy, modify, distribute, reproduce, republish, post, create derivative works from, or sell any of our Materials in any form, in whole or in part, without our prior written permission.
You are permitted to access and use our Platforms, digital products, and informational materials solely for your personal, non-commercial use, and you shall keep intact all copyright or other proprietary notices.
When you submit your feedback, comments, suggestions, or other communications in the form of text, audio, video, photos, or images (hereinafter collectively referred to as “Feedback”) regarding our Platforms, Products, and informational materials on our Platforms or send it to us by email or by any other means, you agree that your Feedback will be treated as non-confidential and that you grant Synerys a royalty-free, irrevocable, transferable, perpetual, non-exclusive, worldwide licence to use, disclose, publicly display, distribute, transmit, reproduce, publish, create derivative works of, and otherwise exploit your Feedback for any purpose at any time without notifying or compensating you.
You waive any moral rights you may have to your Feedback. You agree to waive any claims you may have regarding our use of your Feedback.
You are responsible to fully and correctly implement instructions and guidelines presented to you during the use of our Products to achieve the intended results and progress. However, we do not guarantee that you will get expected results by using our Products, and you acknowledge that the end result will greatly depend on your personal factors, such as genetics, motivation, dedication, and other individual factors.
Any information presented on our Platforms and/or presented to you during the provision of our Products to you, including but not limited to all content on our Platforms, any advice, fitness and nutrition programs, regimen guides, and other materials (hereinafter collectively referred to as the “Provided Information”), is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Any Provided Information is not intended to prevent, diagnose, or treat any disease, and must not be used as a replacement for professional medical evaluation and personal consultation with a health care provider. Synerys is not responsible or liable for any consequences of you using or relying upon any Provided Information, and you do so at your own risk. If you suspect that you have a health problem, please consult with your health case practitioner.
If you intend to purchase and use any of our fitness products and services or nutrition guides, including but not limited to personal training, fitness programs, personalized workout and nutrition programs, fitness competition coaching, and other services, you should be in good health and have no disease, disability, impairment or injury that can prevent you from performing physical activity and that can cause increased risk of injury or have negative effects on your health as a result of using such products and services.
HOW WE DETERMINE YOUR PROGRAM
The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - More Information
The ingredients used in our meal plans are based on the following food databases,
1. The Food and Nutrition Database for Dietary Studies (FNDDS) - Reference
2. The USDA National Nutrient Database for Standard Reference (SR) - Reference
LIMITATION OF LIABILITY
All our Platforms, Products, and informational materials are provided 'as is' and 'as available' for your use. Synerys makes no warranties or representations, either express or implied, regarding our Platforms, Products, and informational materials, or the accuracy, applicability, or usability of our Platforms, Products, and informational materials for any purpose.
We make no warranty that our Platforms, digital products, and informational materials will be available for your use at any given time and on any device, and will be free of errors, viruses, or other harmful software. We reserve the right to interrupt and/or discontinue any functionalities of our Platforms at any time.
We reserve the right to make corrections and modifications to any information presented on our Platforms, and to any Products and informational materials at any time without notifying you about such corrections and modifications.
Our Platforms may contain third-party links, and sometimes you may access our Platforms from third-party sites. We are not responsible or liable for any content provided on any third-party site. You access any third-party site at your own risk.
You agree that you use any of our Products and Platforms at your sole risk. To the maximum extent permitted by applicable law, Synerys is not responsible or liable for any damages, including but not limited to loss of revenue, loss of profit, loss of data, injury, health issues, or any other damage arising out of or in connection with your use of our Products and Platforms.
You agree to defend, indemnify, and hold harmless Synerys, its partners, licensors, licences, affiliates, shareholders, directors, employees, interns, attorneys, suppliers, and agents from and against all claims, liabilities, expenses, losses, damages, and costs, including reasonable attorneys’ fees, resulting from or related to your violation of these Terms and Conditions or any activity related to your use of our Platforms and Products including but not limited to negligent and wrongful conduct.
These Terms and Conditions may be terminated by you or us at any time. If you wish to terminate these Terms and Conditions, you shall cease to access and use our Platforms, Products, and informational materials.
We reserve the right to terminate these Terms and Conditions, or terminate or restrict your access to our Platforms, Products, and informational materials at our sole discretion, without any prior notice to you, at any time, for any reason, including but not limited to your failure to comply with any provision of these Terms and Conditions.
The provisions titled “Intellectual Property”, “Dispute Resolution”, “Feedback,” “Medical Disclaimers”, “Limitations of Liability”, and “Indemnification” shall in all events survive the termination of these Terms and Conditions.
If any provision of these Terms and Conditions will be deemed illegal, invalid, against public policy, or otherwise unenforceable in full or partially, such provision shall be replaced, modified, or narrowed to the extent that it becomes enforceable and serve the original purpose of that provision. All other provisions shall remain intact, in full force and effect.
If you have any concerns regarding your use of our Platforms, Products, and informational materials, please contact us at [email protected], and we will do our best to resolve that issue.
If we are unable to resolve your dispute with us regarding your use of our Platforms, Products, and informational materials over informal communication, you agree that any such dispute will be governed by the law of Switzerland and vested before the courts of the Canton of Zurich.
If you have any questions about these Terms and Conditions, please contact us by email at [email protected].
Or by post: Seestrasse 33, 8942 Oberrieden, Switzerland