Buy membership (prepaid)

Note for English-speaking clients: the service contract below is provided in Lithuanian, the official language of the contract. In brief: it sets out your membership plan and price, monthly e-invoice payment from your bank account, a minimum contract term (where applicable), automatic monthly renewal, a 30-day notice period for termination, membership freeze rules, and the club rules (English translation here). If you have any questions before signing, contact us at info@icongym.lt — we will be happy to explain any clause. In case of any discrepancy, the Lithuanian text prevails.

ENGLISH TRANSLATION FOR CONVENIENCE ONLY. The Lithuanian original is the official and binding text of the contract; in case of any discrepancy, the Lithuanian text prevails.

SERVICE AGREEMENT NO.
SPECIAL TERMS

SERVICE PROVIDER
Name:	UAB „Vakarų sportas“	Administrator:
Legal entity code:	306963497	Phone:	+370 622 02022
Address:	Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r.	Fax:
VAT payer code:		Email address:	info@icongym.lt
Bank account:
CLIENT
Name, surname:		Date of birth:
Address:		Phone:
Personal ID number:		Email address:
PAYER
Name, surname:		Date of birth:
Address:		Phone:
Personal ID number:
Bank account:		Email address:
SPECIAL TERMS
Service location:
Membership activation date:		End of the Minimum Service Use Period:
Minimum Service Use Period:	1 mo.	Term of the Agreement:	The Minimum Service Use Period. Upon expiry of the Minimum Service Use Period, unless the Client expresses an objection, the validity of the Agreement will be automatically extended for an indefinite period
Extension of the term of the Agreement:	Upon expiry of the Minimum Service Use Period, unless the Client expresses an objection, the validity of the Agreement will be automatically extended for an indefinite period at the membership prices. All terms of this automatic extension and the notice periods are set out in clause 7.3 of the General Terms. See also Section 7 of the General Terms (including the Service Provider’s right to change the terms of Service provision and (or) performance of the Agreement)
Service fee for the first month of the Service use period (EUR/mo.):		Service fee after the end of the Minimum Service Use Period (EUR/mo.):
Amount of the Service discount granted per month (applies only to the Minimum Service Use Period) EUR/mo.:		Payment method during the Minimum Service Use Period („monthly“ or „one-off payment“):

By signing the Agreement, the Client declares that the Special Terms have been filled in properly according to the Client’s wishes, and that the Client has read the Privacy Policy, is familiar with the Rules and the General Terms, agrees with them and undertakes to comply with them.

On behalf of the Service Provider: Client:

(position, name, surname, signature) (position, name, surname, signature)

GENERAL TERMS OF THE SERVICE AGREEMENT

1. DEFINITIONS

1.1. In this Agreement, capitalised terms have the meanings set out below, except where the context gives them a different meaning:

General Terms	means an integral part of the Agreement that sets out the terms of Service provision common to all Clients;
Client	means an integral part of the Agreement that sets out the terms of Service provision common to all Clients;
Payer	means any person who, on the Client’s behalf, settles with the Service Provider by non-cash means for the services provided to the Client;
Minor	a visitor of the Sports Club for whose benefit the Client concludes the Agreement and who is entitled to use the Sports Club Services: from 16 years of age inclusive, allowed to train at the Sports Club alone with the consent of parents or guardians; or a person from 14 to 15 years of age inclusive, allowed to train at the Sports Club with the consent of parents or guardians and a personal trainer; or a young person (under 14), allowed to train at the Sports Club only in group classes with the consent of parents or guardians and a personal trainer. Only the Minor is entitled to use the Services provided by the Sports Club (the Client responsible for the Minor is not entitled to use the Services). Depending on the context of the terms of the Agreement, a reference to the Client shall be understood as a reference to the Minor
Service fee	means the amount payable by the Client to the Service Provider per calendar month for the Services provided;
Services	means the leisure services offered by the Service Provider, i.e. wellness complex services consisting of training (group classes) and gym services as well as water and sauna zone services, provided at the specific Service location;
Service Provider	means UAB Vakarų Sportas, legal entity code 306963497, registered office address Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r.;
Minimum Service Use Period	means the shortest term of use of the Services during which the Client undertakes to use the Services;
Privacy Policy	means the data subject information document published on the Service Provider’s website at https://icongym.lt/privatumo-politika/, describing how the Service Provider processes personal data;
Special Terms	means an integral part of the Agreement that sets out the terms of Service provision applicable to the Client and the Client’s choices;
Agreement	means this Agreement between the Client and the Service Provider, consisting of the Special Terms and the General Terms, with all its annexes, amendments and supplements;
Parties	means the Client and the Service Provider together;
Rules	means the rules for the use of the Services published on the Service Provider’s website at https://icongym.lt/taisykles/, which are binding on the Client.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Service Provider undertakes to provide the Services to the Client in the manner and within the terms set out in this Agreement, and the Client undertakes to settle with the Service Provider properly and on time in the manner set out in this Agreement.

3. MINORS’ RIGHTS TO USE THE SPORTS CLUB SERVICES

3.1. By concluding the Agreement for the benefit of a Minor visitor, the Client confirms that:

(a) the Minor visitor’s state of health allows them to use the Sports Club Services;

(b) the Client has explained the content of the Agreement and the requirements of the Rules to the Minor visitor in detail, and confirms that the Minor visitor has read the Rules, understood them and will comply with them;

(c) subject to the provisions of the General Terms, the Client is fully responsible for the Minor’s proper use of the Services, as well as for any damage to the Minor visitor’s health or health disorder, except where such disorder occurred through the Sports Club’s fault;

(d) the Client is liable to the Service Provider for any damage caused to the Sports Club by the Minor visitor.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Service Provider undertakes to:

4.1.1. Enable the Client to use the Services no later than the next business day after the Client pays for the Services in the manner set out in Section 5 of the Agreement and in the Rules.

4.1.2. Provide the Services with due quality throughout the term of the Agreement, except in the cases provided for in the Agreement.

4.1.3. Ensure appropriate protection of the personal data provided by the Client in accordance with legal requirements.

4.2. The Service Provider has the right to:

4.2.1. In the event of changes in market conditions or market-regulating legislation, or on other objective grounds, unilaterally change the amounts payable in connection with the provision of the Services and (or) the provisions of the Agreement and (or) the Rules, having informed the Client. The Client is informed of changed terms of the Agreement and terms related to payment for the Services in advance, in writing, no less than 30 (thirty) days before the changes take effect. The Client is informed of changed provisions of the Agreement and the Rules on the Service Provider’s website, in the Client self-service, at the reception of the Service location or on the notice board. If the Client does not agree with the changes referred to above in this clause, the Client has the right to terminate the Agreement in the manner set out in clause 7.5.

4.2.2. Restrict the provision of the Services in the cases and in the manner set out in this Agreement and the Rules.

4.2.3. Set a Minimum Service Use Period.

4.2.4. Demand that the Client reimburse all costs related to debt administration and recovery.

4.2.5. Collect and transfer information about a Client who has failed to pay on time to third parties engaged in debt administration or recovery activities, or assign its claims and other rights and obligations under this Agreement. By signing this Agreement the Client agrees that the claims under this Agreement may be assigned to any person chosen by the Service Provider.

4.3. The Client undertakes to:

4.3.1. comply with the Rules and the terms of this Agreement;

4.3.2. settle with the Service Provider in the manner set out in the Agreement;

4.3.3. Use the Services for no less than the Minimum Service Use Period.

4.3.4. Provide the Service Provider with correct information and documents.

4.3.5. In the event of debt, reimburse the Service Provider for all costs related to debt administration and recovery.

4.3.6. Inform the Service Provider in writing of any change in the Client’s data specified in the Special Terms no later than within 3 (three) days.

4.4. If the Client fails to inform the Service Provider of a change in the Client’s contact details specified in the Special Terms, the data provided in the Special Terms shall be deemed correct and all correspondence sent to the contacts specified in the Special Terms shall be deemed duly delivered after 3 (three) business days from the date of its dispatch.

4.5. The Client has the right, for an additional fee, to use other services provided by the Service Provider.

5. PAYMENT PROCEDURE

5.1. The amount of the Service fee is calculated as follows:

5.1.1. The Client undertakes to pay the first Service fee, calculated inclusively from the first day of use of the Services until the last day of the current month, to the Service Provider no later than by the first day of use of the Services.

5.1.2. The Service fee for subsequent months is paid using the payment methods specified below:

(a) automatically debited using SEPA transfers from the Client’s bank account specified in the Special Terms, according to an electronic invoice issued by the Service Provider, if the Client orders the direct debit service; or

(b) if the automatic debit service is not ordered, the Service fee for subsequent months may be paid to the Service Provider by paying the issued electronic invoice, using the Client self-service, or by bank card at the Sports Club terminal checkout.

(c) The specified Service fee is debited from the Client’s bank account on the 10th (tenth) calendar day of each current month. If the 10th (tenth) calendar day of the current month is a non-business day or a public holiday, the Service fee is debited on the following business day; if the amount due cannot be debited on the 10th (tenth) calendar day of the current month, debiting of the Service fee is attempted over the next 5 (five) consecutive days; if during this period the balance of the Client’s bank account is still insufficient or the payment does not occur for other reasons (blocked account etc.), the Client’s membership card is blocked and the Client is not admitted to the Service location; the Client must pay the Service fee by logging in to their electronic banking and confirming the received e-invoice, or pay at the Wellness Club reception, or via the Client self-service. After the Service fee for the current month has been paid, the Client may use the Services.

5.2. The Client undertakes to ensure that the Service fee is paid by the 10th (tenth) calendar day of the current month (including cases where, through no fault of the Service Provider, it is impossible to debit the funds using SEPA transfers);

5.2.1. If the Client pays the Service fee in a manner not specified in the Agreement (e.g. by payment transfer to a bank account), the Client must inform the Service Provider of the payment in writing in the manner set out in clause 8.3 of the Agreement. Any payment made by the Client under this Agreement will be deemed duly made from the moment the respective amount is credited to the Service Provider’s bank account or deposited at the Service Provider’s cash desk.

5.2.2. If „one-off“ is specified in the „Payment method“ section of the Special Terms of the Agreement, the Client pays a one-off Service fee for the entire Minimum Service Use Period at the time of concluding the Agreement. Upon expiry of the Minimum Service Use Period and automatic extension of the Agreement, the Client pays the Service fee monthly in the manner set out in clause 5.1.2 of this Agreement.

5.2.3. If the Client fails to pay the first Service fee instalment in the manner specified in the Agreement, it shall be deemed that the Client has not withdrawn from the Agreement and it remains valid.

5.2.4. If provision of the Services starts on a day other than the first day of the respective billing period, the Service fee for the first billing period is reduced in proportion to the number of days elapsed from the start of the billing period until the start of Service provision. The day on which Service provision starts is included in the reporting period for which payment is due. These provisions also apply upon termination of Service provision and (or) expiry of the Agreement.

5.1.5. If the Service fee payments received from the Client are insufficient to cover the entire debt for the Services, the received payments are allocated as follows: the debt for the Services is covered last (starting with the oldest).

6. LIABILITY

6.1. Each Party must compensate the other Party for justified direct losses caused by its culpable actions.

6.2. The Parties, in accordance with the other provisions of this Agreement, agree and confirm that compensation for losses, damage and costs does not release the defaulting Party from further performance of its obligations under this Agreement.

6.3. The Service Provider is not liable for non-provision or improper provision of the Services and (or) damage caused to the Client thereby, if this occurred through no fault of the Service Provider, nor for the actions of third parties or restrictions applied to the Client, except where third parties provide services on the basis of a contract with the Service Provider.

6.4. If the provision of the Services was suspended through the Client’s fault, the Client is not released from payment for the Services provided.

6.5. The remedies established in this Agreement do not limit the Parties’ right to use other lawful means of defending their rights.

7. PERFORMANCE, VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT

7.1. In performing the Agreement, the Parties cooperate and coordinate, seeking the most economical way of performing the Agreement for both Parties. The Parties may discuss the performance of the Agreement, intended changes to the terms of performance of the Agreement and other circumstances in writing, by phone or at the Service location. Any amendment to the terms of the Agreement takes effect upon the Parties’ agreement, which may be recorded in one of the following ways:

(a) by signing or exchanging signed documents at the Service location;

(b) by exchanging signed documents by registered or courier mail;

(c) by exchanging documents signed with a qualified electronic signature (for example, a mobile signature) by electronic means;

(d) by exchanging digital copies of the document by email (.pdf or other appropriate form);

(e) on the Service Provider’s website, if such an option is available;

(f) if the Service Provider and the Client agree by phone, upon the Service Provider sending the Client information about the changes and the Client confirming it by email.

7.2. The Agreement takes effect on the day of signing and is valid for the Minimum Service Use Period.

7.3. Upon expiry of the Minimum Service Use Period, unless the Client expresses an objection, the validity of the Agreement will be automatically extended for an indefinite period at the membership prices. This extension is carried out as follows:

(a) Where the Minimum Service Use Period is 12 (twelve) months, 30 (thirty) days before the end of the Minimum Service Use Period the Service Provider informs the Client that upon expiry of the Minimum Service Use Period the Agreement will become open-ended, and the Client has the right, within 14 (fourteen) days of receiving this notice, to inform the Service Provider that they do not wish to extend the Agreement. If the Service Provider does not receive the Client’s response regarding extension of the Agreement, the Agreement becomes open-ended;

(b) Where the Minimum Service Use Period is 1 (one) month, 5 (five) days before the end of the Minimum Service Use Period the Service Provider informs the Client that upon expiry of the Minimum Service Use Period the Agreement will become open-ended, and the Client has the right, within 3 (three) days of receiving this notice, to inform the Service Provider that they do not wish to extend the Agreement. If the Service Provider does not receive the Client’s response regarding extension of the Agreement, the Agreement becomes open-ended.

7.4. If the Agreement is suspended (in the event of illness, holidays, debt or force majeure), the Service use period is correspondingly extended by the number of suspended days.

7.5. The Client’s right to terminate the Agreement:

7.5.1. The Client has the right to unilaterally terminate the Agreement with the Service Provider. The Client must give the Service Provider written notice no later than 30 (thirty) calendar days before the termination date specified in the Client’s notice. A Client whose Minimum Service Use Period has not yet ended must give the Service Provider written notice:

a) If the Minimum Service Use Period is 12 (twelve) months — no later than 14 (fourteen) days before the termination date specified in the Client’s notice.

b) If the Minimum Service Use Period is 1 (one) month — no later than 3 (three) days before the termination date specified in the Client’s notice.

7.5.2. If the Agreement is terminated on the Client’s initiative before the end of the Minimum Service Use Period through no fault of the Service Provider, or on the Service Provider’s initiative through the Client’s fault, the Client must pay the amount of the Service fee discount granted, specified in the Special Terms, for the period from the start of Service provision until the day of termination of the Agreement, as well as all other fees related to the Services actually provided, and compensate the Service Provider for other direct losses incurred as a result of such termination.

7.5.3. If the Service Provider, through no fault of the Client, fails to provide the Services to the Client for more than 7 (seven) calendar days, during that period the Client has the right to:

(a) suspend the validity of the Agreement. The Client has the right to choose whether the validity of the Agreement will be extended by the membership suspension period or not;

(b) terminate the Agreement unilaterally from the day the Service Provider was unable to provide the services. In the case referred to in this clause, the Service Provider refunds the payments made by the Client for the period during which the Services were not provided to the Client, or, if the Client wishes to terminate the agreement, the Client refunds to the Service Provider the compensation for the discounts granted up to the day the services were provided.

7.5.4. If the Client does not agree with an increase in the Service fee, or if the Service Provider materially breaches the Agreement, the Client has the right to terminate the Agreement unilaterally out of court from the date specified in the notice to the Service Provider, which may not be earlier than the day the notice is sent, without compensating the Service Provider for any losses incurred as a result of the termination.

7.5.5. The Client’s notices of termination of the Agreement are submitted to the Service Provider in writing or by filling in a request at the Service Provider’s reception.

7.6. The Service Provider has the right to unilaterally terminate the Agreement, having informed the Client in writing or electronically no later than 30 (thirty) calendar days in advance, if the Client:

(a) repeatedly breaches material terms of the Agreement;

(b) is late in paying for the Services for more than 60 (sixty) calendar days.

7.7. The Service Provider has the right, immediately and without prior warning, to temporarily restrict the provision of the Services (or part of them), informing the Client in writing:

(a) if the Client fails to settle with the Service Provider on time in the manner set out in the Agreement;

(b) if, due to circumstances beyond the Service Provider’s control, the Service Provider cannot provide the Services (including cases of municipal utility network failures, a state of emergency or quarantine declared in the country or in the Service Provider’s territory, force majeure circumstances, etc.).

7.8. Termination or expiry of the Agreement does not release the Client from the obligation to settle with the Service Provider for Services duly provided up to the day of termination or expiry of the Agreement and to pay all other fees related to the Services actually provided.

7.9. The Client does not have the right to withdraw from an Agreement concluded remotely in the manner set out in Article 6.228-10 of the Civil Code, because this Agreement is concluded for the provision of leisure services with a specific service provision period.

7.10. If the Agreement is terminated during a membership suspension period through no fault of the Service Provider, the last day of validity of the Agreement is deemed to be the day of termination of the Agreement (subject to the notice periods specified in the Agreement) and the Client must pay the Service fee for the entire period of validity of the Agreement up to the day of termination, regardless of the fact that during the membership suspension the Client did not actually use the Services.

7.11. Upon expiry of the Minimum Service Use Period (including cases where the Agreement is extended automatically and is valid indefinitely), the Service Provider has the right to unilaterally change the terms of Service provision and (or) performance of the Agreement set for the Minimum Service Use Period, including the price of the Services and the procedure for their provision, and the payment terms. The Service Provider informs the Client of the change in the terms of performance of the Agreement in the ways provided for in the Agreement no later than 30 (thirty) days in advance. If, after such information is provided and the terms of the Agreement change, the Client continues to use the Services, the Client will be deemed to have agreed to the change. If the Client does not agree with the change in the terms of Service provision and (or) performance of the Agreement, the Client has the right to terminate the Agreement in the manner set out in clause 6.5 of the Agreement.

8. OTHER PROVISIONS

8.1. The Client’s personal data is processed in accordance with applicable legislation. Before signing the Agreement, the Client must read the Privacy Policy, which sets out the purposes of personal data processing and the rights of data subjects.

8.2. If any provision of this Agreement is or becomes wholly or partially invalid, this does not affect the validity of the remaining provisions of this Agreement. In such a case, the Parties undertake to make every effort to replace the invalid provision with a legally effective rule that, as far as possible, has the same effect as the invalid provision.

8.3. All notices of the Parties or other information, except in the cases specified in the Agreement, must be provided in writing and are deemed duly delivered if sent by registered or courier mail, by email (with confirmed receipt), via the Client self-service, or delivered against signature at the address specified in the Special Terms, or at any other address specified by a Party in the manner provided for in this Agreement, to which (unless otherwise provided) notices under this Agreement must be sent.

8.4. A notice or other information sent by email will be deemed received on the day of its actual sending or on the next business day if the day of sending the email was a non-business day or if the email was sent on a business day after 5:00 p.m. (local time of the recipient of the notice or information). Notices or other information sent by registered or courier mail are deemed duly delivered when sent by registered or courier mail respectively.

8.5. The Agreement is supplemented and amended only by written agreement of both Parties, except in the cases specified in the Agreement.

8.6. This Agreement is concluded in two counterparts in the Lithuanian language, both of which have equal legal force. Each Party receives one counterpart.

8.7. Any disputes, disagreements or claims arising out of or in connection with this Agreement, as well as questions of breach, termination or validity of this Agreement, are resolved by negotiation. If no agreement is reached within 30 (thirty) calendar days, such dispute or disagreement is resolved in accordance with the laws of the Republic of Lithuania by applying to the competent dispute-resolution institution.

8.8. The out-of-court consumer dispute resolution body competent to resolve consumer disputes arising from the Agreement is the State Consumer Rights Protection Authority (address: Vilniaus g. 25, LT-01402 Vilnius, tel. +370 262 6751, email tarnyba@vvtat.lt; website: http://www.vvtat.lt), or http://ec.europa.eu/odr/.

8.9. By signing this Agreement, the Client declares that (a) before signing this Agreement they read and familiarised themselves with the publicly published Privacy Policy; (b) they are familiar with the publicly published Rules and other published terms of Service provision, agree with them and undertake to comply with them.

IN WITNESS WHEREOF, the Parties declare that they have concluded this Agreement on the date indicated above.

On behalf of the Service Provider: Client:

(position, name, surname, signature) (position, name, surname, signature)

I have read and agree

1. Definitions

1.1. In these Rules, capitalized terms have the meanings set out below, except where the context gives them a different meaning:

Client means a person who, in accordance with the procedure established by the Sports Club, has acquired:

a) a Membership for a specified period;
b) a single visit;
c) additional paid Services.

Membership means the right acquired by the Client to visit the Sports Club for a specified period and to use the Sports Club’s Services, depending on the type of Membership acquired. Membership types and their descriptions are provided on the Sports Club’s website at www..lt/kainorastis.

Minor means a visitor of the Sports Club for whose benefit the Client concludes the Contract and who has the right to use the Sports Club’s Services: from 14 years of age inclusive, a person who may exercise alone at the Sports Club with the consent of a parent or guardian, or a person under 14 years of age who may exercise at the Sports Club with the consent of a parent or guardian and with a personal trainer. Only the Minor has the right to use the Services provided by the Sports Club (the Client who is responsible for the Minor does not have the right to use the Services). Depending on the context of the Contract terms, a reference to the Client shall be understood as a reference to the Minor.

Services means the services provided by the Sports Club, which consist of or may consist of:

a) the gym (exercise equipment area);
b) group classes;
c) additional services (e.g. a personal trainer), for which the Client pays an additional fee.

Reservation means the advance booking of a place to participate in group classes.

Sports Club means the sports club operating under the ICON GYM trademark, to which these Rules apply, and (or) the legal entity providing the Sports Club’s services — UAB „Vakarų sportas“, legal entity code 306963497, registered office address Statybininkų g. 5, Gargždai, LT-96155, Klaipėdos r., website address icongym.lt.

Contract means the Contract concluded between the Client and the Sports Club, consisting of the Special Terms and the General Terms, together with all its annexes, amendments and supplements.

Rules means the Rules for the use of the services provided by the Sports Club, which establish the procedure for the provision of the Sports Club’s services, mandatory safety, hygiene and other requirements for Clients, and the rights, duties and obligations of the Sports Club and its Clients.

Single visit means the right acquired by a person to visit the Sports Club once and to use the Sports Club’s Services, depending on the type of Services purchased, which can be found at icongym.lt.

2. GENERAL PROVISIONS

2.1. The Rules for the use of the Sports Club’s services are binding on all Clients and other persons who use the Sports Club’s Services. A Client is permitted to start using the Sports Club’s Services only after carefully reading the Rules and confirming this by electronic means.

2.2. The Rules are available on the Sports Club’s website and at the self-service terminal located in the Sports Club.

2.3. In the event of changes in market conditions or in the legal acts regulating the market, as well as on other grounds or in other circumstances, the administration of the Sports Club has the right to update the Rules, having notified Clients no later than 10 (ten) days before the update of the Rules (unless there are justified reasons why such a change must apply immediately or sooner than the aforementioned period, and such a change does not reduce the guarantees provided to the Client), in the following ways: by placing a link to the new Rules on the Sports Club’s website, by posting relevant announcements on the Sports Club’s notice board and/or by sending a notification to the Client’s self-service account.

2.4. Right to use the Sports Club’s Services

2.4.1. The right to use the Sports Club’s Services is held by persons who, in accordance with the procedure established by the Sports Club, have acquired a Membership or a Single visit and have read the Rules and confirmed this by electronic means. On behalf of Minor Clients, the Contract is concluded and familiarization with the Rules is confirmed by their parents (guardians); from 14 years of age inclusive — by the Minor themselves, holding a written request from one of the parents or guardians, as provided for in clause 2.5.1 of the Rules.

2.5. Rights of Minors to use the Sports Club’s Services

2.5.1. Minor Clients may exercise in the gym only with the consent of one of their parents or guardians. When signing the Contract, only an adult may be the payer. In such a case, the parents / guardians assume all risk related to the Minor Client’s health or any harm to their health and life, except where such harm arose through the fault of the Sports Club.

2.5.2. Persons under 14 years of age are prohibited from using the Sports Club’s Services, except where they use the Sports Club’s Services together with a personal trainer.

2.6. Prices of Memberships and additional Services, and the procedure for their acquisition

2.6.1. The prices of Memberships and additional Services, as well as other fees applicable at the Sports Club, which are published on the Sports Club’s website, are set by the Sports Club.

2.6.2. Clients may pay for Services and goods electronically (at the self-service terminal or on the website):

(a) by bank card (providing bank card details) or by electronic invoice;

(b) with Sports Club gift vouchers, paying the difference between the price of the Services and the value of the gift voucher by one of the methods specified in point (a). The terms of use of gift vouchers are indicated on each gift voucher.

2.6.3. An employee of the Sports Club has the right to ask the Client to present a personal identity document with a photograph confirming the Client’s identity in order for the Client to purchase a Membership or a Single visit and/or to visit the Sports Club. An identity document is also checked if an employee of the Sports Club has doubts as to whether the Client is a Minor. If the Client refuses to present the document, the Membership or Single visit may not be sold and/or the Client may not be admitted to the Sports Club.

2.6.4. Clients wishing to use the discount on Membership purchases granted to students, seniors or persons with disabilities must, at the Sports Club’s request, present documents confirming their eligibility.

2.7. Procedure for the use of Membership

2.7.1. The Client must start using the Sports Club’s Services no later than within 7 (seven) calendar days after payment for the Membership, unless the relevant Contract establishes a different Membership activation period. If the Client does not start using the Sports Club’s Services within this period or within the period established in the relevant Contract, the Membership is activated automatically and its validity period, corresponding to the type of Membership, begins to run.

2.7.2. The services included in the purchased Membership are categorized according to its respective type. Membership types and their descriptions are provided on the Sports Club’s website at https://icongym.lt

2.7.3. The validity of a Membership may be suspended, i.e. the Client may be granted a membership freeze, if so provided in the Contract, only for a specified period and only for the specified time intervals, provided the Client informs the Sports Club no later than 1 (one) business day in advance. After the suspension period ends, the Membership validity period automatically continues and is extended by the period for which the Membership validity was suspended. The Services fee for the current month is reduced due to the granted membership freeze, and if the current month has been paid in full, the overpayment is carried over to the following month. A Membership may be suspended for a minimum of 7 (seven) calendar days.

2.7.4. The Membership is personal (issued in the Client’s name). Transferring it to another person without the prior permission of the Sports Club is prohibited. In the event of a breach of this requirement, the Sports Club has the right to terminate the Membership and the Contract.

2.7.5. A Client wishing to transfer a Membership (except for the one-month “FLEXI” membership) to another person must submit a written request to the Sports Club (using the form provided in Annex 2 to the Contract), indicating the first name and surname of the specific person to whom the Membership is being transferred, and pay a one-time Membership transfer fee of €5.00 (five euros and 0 ct). The request is sent by email to info@icongym.lt

2.7.6. A Client wishing to change the type of the purchased Membership must submit a written request (in free form) regarding the change of Membership by email to info@icongym.lt, or contact the Club by telephone at +370 622 02022. If a cheaper Membership is changed to a more expensive one, the Client must pay the difference in the Membership price according to the prices valid at the Sports Club on the day of the Membership change. The Client may not change a more expensive Membership to a cheaper one.

2.8. Access to the Sports Club

2.8.1. The Client is identified and admitted to the Sports Club’s premises, and is granted the right to use other services provided by the Sports Club, once the Client has selected a membership identification method and has implemented such choice in accordance with the procedure established by the Sports Club.

2.8.2. The recommended primary method of entry to the Sports Club is the scanning of a partial fingerprint. Fingerprint data (which will be obtained, with the Client’s consent, by scanning the Client’s fingerprint in a non-reconstructible manner) will be processed exclusively for the purpose of identifying the Client. The fingerprint image is not accessible to third parties. The scanned fingerprint of the Client is converted into a digital format. In the event that the Membership period expires, the stored non-reconstructible representation of the Client’s fingerprint is removed from the database. If the Client does not consent to the use of their non-reconstructible fingerprint template data for the stated purposes, the Client is issued a Client card.

2.8.3. If a Client card is issued to the Client (if the Client does not agree to identify themselves in the manner specified in clause 2.8.1 of the Rules, or for other reasons), a one-time fee of €5.00 (five euros and 0 ct) is payable for its issuance (the price of the Client card is not included in the Membership price). In the event of loss of or damage to the Client card, the Client must complete a request for the issuance of a new card and pay the card price again. Personal Membership cards may not be transferred to third parties without the consent of the Sports Club.

2.8.4. The Sports Club operates 24 (twenty-four) hours a day, 7 (seven) days a week.

2.8.5. The number and duration of the Client’s visits to the Sports Club are unlimited, except in the cases provided for in the Rules.

2.8.6. In order to ensure the safety of the Client, visitors to the Sports Club and third parties / the safety of these persons as well as of the Service provider’s property, video surveillance of the Sports Club’s premises (excluding changing rooms, toilets and shower rooms) and of the Sports Club’s access areas is carried out, and the Client’s image is stored in the database of the Service provider or of a third party providing surveillance services for no longer than 14 (fourteen) days. In certain circumstances, where this is necessary to protect the interests of the Sports Club or of a third party (e.g. in the event of an accident, a crime, or another breach of law, contract, or the sports club’s rules), the storage period may be extended until the investigation has been completed and a final decision has been made.

2.8.7. Pay a penalty fee of €31.98 (thirty-one euros and 98 cents) to the Sports Club if the Client:
a) uses their Client card or other means to admit another Sports Club Client, a visitor without a Sports Club Membership, or a minor into the Sports Club;
b) passes through the turnstile together with another Sports Club visitor at the same time or otherwise unlawfully enters the Sports Club. If the Client commits any breach specified in this clause and fails to pay the monetary penalty imposed by the Sports Club, the Sports Club suspends the Membership of the Client who committed the breach until the penalty is paid. If the Client refuses to pay the penalty, the Sports Club reserves the right to recover it out of court, including by transferring the Client’s personal data to debt-collection companies, or through court proceedings.

2.9. Safety and storage of Clients’ belongings

2.9.1. The Sports Club does not provide item storage services, but merely provides Clients with the opportunity to leave their belongings in designated places. Clients leave their personal belongings in the Sports Club’s cloakroom and in changing-room lockers, which Clients must lock with their own personal padlock after leaving their belongings. The Client may also purchase a padlock at the Sports Club.

2.9.2. The Sports Club is not liable for belongings left by Clients in the changing rooms or in other premises of the Sports Club.

2.9.3. The Sports Club is not liable for the loss and / or damage of Clients’ personal belongings, unless this occurred through the fault of the Sports Club.

2.9.4. Items left by the Client at the Sports Club are stored for no longer than 7 (seven) days from the date they are found, and are subsequently destroyed. Found documents are handed over to the police.

2.9.5. When leaving the Sports Club, the Client must leave the locker unlocked. If a locker is left locked, the padlock is cut off, the items that were in the locker are stored for up to two weeks, and the Sports Club is not liable for any losses incurred.

3. GENERAL RULES OF SAFE CONDUCT OF CLIENTS AT THE SPORTS CLUB

3.1. At the Sports Club and on its premises, the Client must:

3.1.1. Use the Services, property and equipment provided by the Sports Club responsibly and carefully, and take all possible measures so that, while using the Services, they do not cause harm to themselves, or to the health and property of the Sports Club, themselves, other Clients of the Sports Club or its employees.

3.1.2. Before using the Sports Club’s equipment and inventory, familiarize themselves with the rules for the use of such equipment and inventory posted in the Sports Club’s premises or indicated on the inventory or equipment, and, in the event of any uncertainty, refrain from using such equipment and inventory and instead contact the responsible employees of the Sports Club for the necessary information.

3.1.3. Use the Sports Club’s equipment and inventory only for their direct intended purpose, in the manner and according to the procedure provided for in the rules for the use of such equipment and inventory; refrain from using temporarily faulty equipment and inventory.

3.1.4. Not interfere with other Clients’ use of the Sports Club’s Services. Clients who notice inappropriate behaviour by other Clients that interferes with other Clients’ use of the Services or may threaten the safety or health of other Clients must report it to the responsible employee of the Sports Club, or by email to info@icongym.lt, or by calling +370 622 02022.

3.1.5. Immediately inform the Sports Club’s employees by email at info@icongym.lt or by telephone at +370 622 02022 of any deterioration in their own or other Clients’ health, or of any injury sustained while using the Sports Club’s Services. If necessary, the Client must also seek assistance by calling the general emergency number 112.

3.1.6. In the gym, wear sports clothing and clean, closed sports footwear that holds the foot stably; this is mandatory.

3.1.7. Perform exercises on the exercise machines or mats only after laying down a towel.

3.1.8. After performing exercises or finishing a group workout, leave the exercise machines tidy and fit for use by other Clients, and return machine accessories, other equipment and weights to their designated places.

3.2. At the Sports Club and on its premises, Clients are prohibited from:

3.2.1. Interfering with the Sports Club’s provision of the Services or with other visitors’ use of the Services, or damaging the Sports Club’s inventory or other property.

3.2.2. Photographing or filming other Clients (or in such a way that other Clients appear in the frame) without their explicit consent, or filming or photographing in premises of the Sports Club other than those intended for the Sports Club’s Clients without the written permission of the Sports Club’s management.

3.2.3. Providing wellness or similar Services to the Sports Club’s Clients, or consulting or training Clients, without obtaining the Sports Club’s consent / without purchasing the Membership designated for that purpose (a Membership intended only for personal trainers).

3.2.4. Bringing in or consuming alcohol or other psychotropic substances; bringing in or consuming any beverages in glass containers.

3.2.5. Being at the Sports Club while intoxicated or under the influence of psychoactive substances (narcotics, medicines, or other intoxicating or toxic substances).

3.2.6. Visiting premises of the Sports Club other than those intended for the Sports Club’s Clients.

3.3. The Client is informed and agrees that in the Sports Club’s gym they will work out (exercise) independently, choosing the specific exercise machines, tools and equipment themselves, as well as the physical load, according to their individual needs, personal characteristics and the effect on their body. There will be no Sports Club employees in the gym, and the Client’s workout in the gym will not be supervised.

3.4. Taking into account the specific nature of the Sports Club’s operations and client service, and the fact that Clients use the Sports Club’s Services independently, Clients are informed and agree that during certain operating hours of the Sports Club there may be no employees present in the Sports Club’s premises.

3.5. Reservation of places in group classes

3.5.1. A Client wishing to participate in group classes must reserve a place in advance on the Sports Club’s website. The number of places in the Sports Club’s group classes is limited, and without a reservation the Sports Club does not guarantee that there will be free places in the class or that it will be possible to participate.

3.5.2. Group classes take place if at least 3 (three) clients participate in the workout.

3.5.3. If the Client cannot attend a group class for which they made an advance reservation, they must cancel the Reservation themselves. Cancellation is possible only more than 90 (ninety) minutes before the start of the class.

3.5.4. Group classes may be reserved no earlier than 72 hours before the workout. No more than 3 (three) group classes may be reserved per day. If a Client fails 3 (three) times within 2 (two) calendar weeks to attend group classes for which they had made a Reservation, the Client’s right to make class Reservations is disabled for 7 (seven) days from the date of the third non-attendance.

3.5.5. The Client must have entered the Sports Club before the scheduled start of the group class. If the Client has not entered the Sports Club before the scheduled start of the group class, or fails to arrive at the group class within 5 (five) minutes of its scheduled start, the Client is deemed not to have participated in the group class.

3.5.6. Once the group class has started, the Client must already have entered the Sports Club; otherwise, their Reservation is invalid.

3.5.7. During group classes, only clients who have reserved a place in the group class may be present in the room.

3.6. Rules for the safe use of the sauna:

3.6.1. Before using the sauna services and after using them, it is mandatory to wash in the shower.

3.6.2. The sauna may be entered only with a towel or other covering, which must be laid down in the sauna.

3.6.3. Slippers must be left at the entrance to the sauna.

3.6.4. Minors may use the saunas only under the supervision of accompanying adults, who are responsible for their safety, behaviour, compliance with the internal rules, and state of health.

3.6.5. In the sauna, it is strictly prohibited to:

a) consume alcoholic beverages or become intoxicated with other substances;
b) smoke (including e-cigarettes, IQOS and other devices of a similar nature);
c) use sauna whisks / adjust the sauna devices;
d) make noise or interfere with other clients’ use of the saunas;
e) photograph or film clients without their consent;
f) have glass or breakable items;
g) pour water on the sauna heating elements;
h) touch the sauna heating elements or behave carelessly;

Clients’ rights and duties, liability

4.1. The Client has the right to:

4.1.1. Having purchased a Membership of the chosen duration or a Single visit, use the Sports Club’s Services.

4.1.2. Withdraw from the Services in accordance with the procedure specified in the Contract.

4.1.3. Withdraw from the Services and demand a refund of the portion of the Services fee paid for the Membership proportional to the period remaining until the expiry of the Membership, only after covering the direct losses incurred by the Sports Club as a result (except where the Services are withdrawn from due to the fault of the Sports Club), which are deemed to be:

a) the discount granted to the Client for the period from the Membership start date to its termination date. The discount amount is specified in the Contract. If the applied discount amount is not specified in the Contract, this discount is calculated as the difference between the one-month Membership price without a discount and the actual one-month price of the Membership purchased by the Client. The resulting difference is multiplied by the number of months from the Membership start date to its termination date. If the Services are withdrawn from because the Client cannot attend the Sports Club due to surgery and / or bone fractures, the discount amount granted is calculated based on the period from the Membership start date to the start of non-attendance of the Sports Club due to surgery and / or bone fractures, no later than within 15 (fifteen) days of recovery, upon presentation of a supporting document;

b) debt administration and other justified expenses.

4.2. The Client undertakes to:

4.2.1. Use the Services, property and inventory provided by the Sports Club responsibly and carefully.

4.2.2. Comply with these Rules when visiting the Sports Club.

4.2.3. Be sober and not under the influence of psychoactive substances (narcotics, medicines, or other intoxicating or toxic substances).

4.2.4. Visit only the premises intended for the Sports Club’s Clients.

4.2.5. Compensate the direct losses incurred by the Sports Club if the Client unilaterally, and not due to the fault of the Sports Club, terminates the validity of the Membership before the expiry of the Membership validity period, or if the Membership is terminated by the Sports Club due to the Client’s fault.

4.2.6. Compensate the Sports Club for material damage (due to damaged equipment, inventory or the like) incurred through the fault of the Client or of Minors arriving with them, in accordance with the loss assessment statement presented by the Sports Club. The Client must compensate the damage caused to the Sports Club no later than within 3 (three) calendar days from the date on which the loss assessment statement is presented to the Client responsible for causing the damage, except where, with the consent of the Sports Club’s administration, a different damage compensation period has been agreed with the Client.

4.3. Clients’ liability:

4.3.1. Clients with health disorders that may pose a risk to the Clients themselves or to the health and/or life of other Clients must inform the Sports Club of such disorders.

4.3.2. The Client is informed and agrees that the Sports Club provides Clients with the opportunity to use the Services, but does not assess the impact of these Services on the health of the specific Client, nor does it guarantee their positive effect on the Client, i.e. the Services provided by the Sports Club, depending on the specific Client’s state of health, may have a negative impact on the Client’s health; therefore, the Client must be cautious and careful when deciding to attend the Sports Club and when choosing the specific Services it provides.

4.3.3. If the Sports Club’s employees have reasonable doubts about the Client’s state of health, the Sports Club’s employee has the right to ask the Client to provide a doctor’s certificate regarding their state of health. Doctors’ certificates provided by Clients to the Sports Club are not processed by automated means and are not systematized or intended to form a data system.

4.3.4. Before choosing specific Services of the Sports Club, the Client must take into account their state of health and the possible effect of these Services on them, i.e. the Client must make sure that their state of health allows them to attend the Sports Club and use the Services it provides.

4.3.5. Clients, when using the facilities and Services available at the Sports Club, independently choose the physical load according to each individual’s needs, personal characteristics and the effect on their body.

4.3.6. All liability for the Client’s health disorders, injuries and accidents occurring while visiting the Sports Club rests with the Client, except where such harm arose through the fault of the Sports Club or the Sports Club’s employees.

5. RIGHTS AND DUTIES OF THE SPORTS CLUB, LIABILITY

5.1. The Sports Club has the right to:

5.1.1. Change the Sports Club’s operating hours, as well as change the operating hours of individual zones of the Sports Club. Clients are informed of changes in advance; more information on this is provided in clause 5.2.1 of the Rules.

5.1.2. When carrying out maintenance work, not provide Services for up to 48 (forty-eight) hours.

5.1.3. Establish different rules and conditions of validity for individual Memberships or Single visits distributed during promotions carried out by the Sports Club (exceptions to these Rules), which are binding on Clients who have purchased such promotional Memberships. Such exceptional rules and conditions for Memberships distributed during the Sports Club’s promotions are published in the terms of the relevant promotion and on the Sports Club’s website.

5.1.4. In the event of reasonable doubts about the Client’s state of health, ask the Client to stop the workout and recommend consulting a doctor, as well as ask for a doctor’s certificate permitting the use of the Services provided by the Sports Club.

5.1.5. Not provide the relevant Services to persons with health disorders that may pose a risk to their own health and / or life or to the health and / or life and safety of other Clients (contagious diseases, etc.).

5.1.6. Demand that a Client who has breached clause 2.7.4, 2.8.2 or 3.2 of these Rules, or has repeatedly breached any other requirement of the Rules (provided the Client was warned about the first breach by the Sports Club’s employees), immediately stop using the Services provided by the Sports Club and leave the Sports Club’s premises. The money for this visit is not refunded to the Client.

5.1.7. In the cases provided for in clause 5.1.6 of the Rules, as well as in cases where the Client, by their behaviour, poses a threat to other Clients of the Sports Club and does not obey the instructions of the Sports Club’s employees or of the Call centre employees, terminate the validity of the Client’s Membership and Contract and refuse the Client admission to the Sports Club.

5.2. The Sports Club undertakes to:

5.2.1. Inform Clients of changes to the Sports Club’s operating hours no later than 3 (three) calendar days in advance, by posting relevant announcements in a visible place in each Sports Club and by providing the relevant information on the Sports Club’s website.

5.2.2. Provide the Services throughout the entire Membership validity period, except in cases where the Sports Club is closed for reasons not related to the Client, including, but not limited to, the elimination of the consequences of accidents, planned repairs, sanitary hygiene reasons, or the declaration of an emergency situation, quarantine or the like in the country or in the municipality where the specific Sports Club is located, as a result of which the Services cannot be used.

5.2.3. Suspend and extend the validity of the Client’s Membership for the period during which the Sports Club was closed for the reasons listed in these Rules, except for public holidays and preventive maintenance work carried out at the Sports Club, which is performed no more than twice a year. The Sports Club has the right, when carrying out maintenance work, not to provide Services for up to 48 (forty-eight) hours, having informed the Client no later than 3 (three) days in advance by an announcement in the Sports Club’s premises and on the Sports Club’s website.

5.3. Liability of the Sports Club:

5.3.1. The Sports Club provides Clients with the opportunity to use the Services it provides, but does not assess the impact of these Services on the health of the specific Client, nor does it guarantee their positive effect, i.e. the Services provided by the Sports Club, depending on the specific Client’s state of health, may have a negative impact on the Client’s health; therefore, the Client must be cautious and careful when deciding to attend the Sports Club and when choosing the specific Services it provides.

5.3.2. The Sports Club does not compensate the Client for either material or non-material damage caused to the Client’s health or life by the Services it provides, except where such damage arose through the fault of the Sports Club or its employees. The Client confirms that they have been duly informed and know and understand that the Sports Club and its employees are not liable to the Client if the Client themselves (including Minors) fails to comply with generally accepted safe conduct requirements and / or the instructions of the Sports Club’s personnel and / or the Rules.

5.3.3. If, in the event of an accident at the Sports Club resulting in impairment of the Client’s health, the Client refuses to call an ambulance, or leaves before the ambulance arrives, or, upon the ambulance’s arrival, refuses to receive assistance, in such cases the Client is themselves fully responsible for any related damage they suffer and for the related consequences, provided such damage (consequences) did not arise through the fault of the Sports Club.

5.3.4. The Sports Club has no obligation to compensate for inconvenience experienced by the Client if a workout indicated in the schedule is conducted by a different class instructor, or if the workout did not take place due to objective justifiable reasons and Clients were informed of this in the group workout schedule published on the Sports Club’s website.

6. Final provisions

6.1. In performing the Contract and the Rules, the Sports Club and the Client cooperate and collaborate, seeking the most economical manner of performing the Contract and the Rules for both parties. The performance of the Contract and the Rules, intended changes to the terms of performance of the Contract or the Rules, and other circumstances may be discussed by the Sports Club and the Client in writing, by telephone or at the place of provision of the Services. Any amendment to the terms of the Contract takes effect from the conclusion of the agreement, which may be formalized in one of the following ways:

(a) by signing or exchanging signed documents at the place of provision of the Services;
(c) by exchanging documents signed with a qualified electronic signature (for example, a mobile electronic signature) by electronic means;
(d) by exchanging digital copies of the document by email (.pdf or other appropriate format);
(e) on the Sports Club’s website, if such a possibility is provided;
(f) if the Sports Club and the Client agree by telephone, upon the Sports Club sending the Client information about the amendments by email and the Client confirming it by email.

6.2. A notice or other information sent by email will be deemed received on the day of its actual dispatch, or on the next business day if the day of dispatch of the email was a non-business day or if the email was sent on a business day after 17.00 (local time of the recipient of the notice or information). Notices or other information sent by registered or courier mail are deemed duly delivered when they have been sent by registered or courier mail respectively.

6.3. The parties will seek to resolve any disputes amicably; however, if the dispute cannot be resolved, the Client may always apply to the State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, Vilniaus g. 25, Vilnius, www.vvtat.lt), complete a request form in the ODR (EGS) system at http://ec.europa.eu/odr/, or apply directly to the competent court.

6.4. The full and current version of the Sports Club’s Rules is provided, and may be consulted, on the Sports Club’s website, at the Sports Club’s reception and/ or on the notice board.

6.5. UAB „Vakarų Sportas“ has the right, without the separate prior consent of the Client, having informed the Client in writing, to assign its rights and obligations arising from the Contract to any person, whether related to the Service provider or not, provided that at the time of the assignment of rights and obligations the guarantees provided to the Client under the Contract are not reduced.

This translation is provided for convenience. In case of any discrepancy, the Lithuanian original prevails.

GENERAL INFORMATION

UAB „Vakarų sportas“, legal entity code 306963497, registered office address Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r. (hereinafter – the Data Controller), by this privacy policy (hereinafter – the Privacy Policy) establishes the conditions for the processing of personal data when using the sports clubs and premises managed by the Data Controller at: Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r. and when using the website icongym.lt (hereinafter – the Website).

The conditions set out in the Privacy Policy apply each time you visit the website, regardless of which device (computer, mobile phone, tablet, television or other) you use.

By providing their personal data (including data provided directly or indirectly when visiting the website and using its services), the Data Subject agrees and does not object that the Data Controller manages and processes such data for the purposes and in the manner set out in this Privacy Policy, in the Data Subject’s consent, and as provided for by law.

Persons under 18 years of age may not provide any personal data through the Data Controller’s Website. If you are a person under 18 years of age, you must obtain the consent of your parents or other legal guardians before providing personal information.

Personal data means any information relating to an identified or identifiable natural person (Data Subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, a personal identification number, location data and an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Representative means a person representing Clients, the Data Controller’s Partners, Service Providers, Suppliers, whether natural or legal persons.

Enquiring Person means a natural person or Representative interested in the goods sold and/or services provided by the Data Controller, or wishing to contact the Data Controller on other matters.

Data Subject – for the purposes of this Privacy Policy, means a Representative, an Enquiring Person, a Client, a Candidate, a Partner, a Service Provider, a Supplier, Telephone Callers, or any other natural person whose personal data are processed by the Data Controller.

Data Subject’s consent means any freely given, specific and unambiguous indication of the duly informed data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

Candidate means a person participating or intending to participate in a personnel selection process carried out by the Data Controller.

Client means a natural person or Representative purchasing goods or services from the Data Controller or who has concluded a contract with the Data Controller for the sale of goods or the provision of services.

Partner means a natural or legal person cooperating with the Data Controller, or who has concluded a cooperation agreement with the Data Controller (e.g. for the sale of goods).

Service Provider means a natural or legal person able to offer or offering goods, services or works to the Data Controller and cooperating with it, or who has concluded a contract with the Data Controller for the sale of goods, services or works.

Telephone Caller means a person calling the publicly announced contact telephone number regarding the sale of the Data Controller’s goods, the provision of services and/or other matters.

Supplier means a natural or legal person supplying goods to the Data Controller.

Direct marketing means an activity intended to offer goods or services to persons by post, telephone or other direct means and/or to seek their opinion on the goods or services offered.

Processing of personal data 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.

The Data Controller will collect personal data in compliance with the requirements of applicable European Union and Republic of Lithuania legislation and the instructions of supervisory authorities. All reasonable technical and administrative measures are applied to protect the data collected about Data Subjects from loss, unauthorised use and alteration.

This Privacy Policy has been drawn up in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter – the General Data Protection Regulation), the Law on Legal Protection of Personal Data of the Republic of Lithuania (Lietuvos Respublikos asmens duomenų teisinės apsaugos įstatymas), and other legal acts of the European Union and the Republic of Lithuania. The terms used in the Privacy Policy shall be understood as they are defined in the General Data Protection Regulation and the Law on Legal Protection of Personal Data of the Republic of Lithuania.

WHAT INFORMATION DO WE COLLECT ABOUT YOU?

Information you provide directly.

Information on how you use our Website.

If you visit our Website, we also collect information that reveals the characteristics of your use of the services we provide, or visit statistics generated automatically. Read more about this in the “Cookie Policy”.

Information from third-party sources

We may receive information about you from public and commercial sources (to the extent permitted by applicable law) and link it with other information we receive from you or about you. We may also receive information about you from third-party social networking services when you connect to them, for example, via accounts on the “Facebook” network.

Other information we collect

We may also collect other information about you, your device or your use of the content of our website with your consent.

You may choose not to provide us with certain information, but in that case you may not be permitted to use the service we offer.

PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF SUBMITTING FEEDBACK, CONSULTATION, AND HANDLING ENQUIRIES

Processing of personal data of Enquiring Persons, including Telephone Callers, who contact the Data Controller regarding the sale of goods, the provision of services and/or other matters. The Data Controller processes the following personal data of Enquiring Persons, including Telephone Callers:

Name;
Surname;
Telephone number;
Email address;
Position held;
Workplace.
The personal data of Enquiring Persons are not transferred to third parties.

Personal data for the purposes of consultation and submitting an enquiry are processed on the basis of consent expressed by providing one’s data (point (a) of Article 6(1) of the General Data Protection Regulation).

PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF SELLING GOODS AND PROVIDING SERVICES

Processing of Clients’ personal data. The Data Controller processes the following personal data of Clients or Representatives:

Name;
Surname;
Personal identification number (where a contract for the provision of services is concluded);
Date of birth (where a contract for the provision of services is concluded for a minor);
Power of attorney (if applicable);
Represented person (relationship with the represented person);
Position held (if purchasing on behalf of an employer);
Workplace (if purchasing on behalf of an employer);
Telephone number;
Email address;
Address;
Taxpayer identification number;
Payment amount (in the case of electronic commerce – payment order data, invoices);Other information related to the goods purchased or the service provided.

The data are obtained directly from Clients or their Representatives, in the performance of the contract with the Client, and/or from other third parties connected with the Data Subject.

We undertake not to transfer your personal data to any unrelated third parties, except in the following cases:

If the Client has consented to the disclosure of personal data;
In fulfilling our obligations as a seller of goods or provider of services (e.g., data may be transferred to companies providing goods delivery (courier), logistics, archiving, audit, legal and financial services, to Partners, Service Providers, participants and/or parties related to national, European and international payment systems, e.g., SWIFT);
In pursuing the Data Controller’s legitimate interests (e.g. in the case of debt recovery);
To authorised institutions, in accordance with the procedure established by the legal acts of the Republic of Lithuania.

The Data Controller may provide the personal data of Clients and other Data Subjects to Data Processors not specified in this Policy, who provide services (perform works) for the Data Controller and process the personal data of Clients and Data Subjects on behalf of the Data Controller. Data Processors have the right to process personal data only in accordance with the Data Controller’s instructions and only to the extent necessary for the proper performance of the obligations set out in the contract. When engaging data processors, the Data Controller takes all necessary measures to ensure that the Data Processors have implemented appropriate organisational and technical security measures and maintain the confidentiality of personal data.

Personal data are processed on the basis of the Data Subject’s consent and/or the performance of a contract with the Data Subject (points (a) and (b) of Article 6(1) of the General Data Protection Regulation).

PROCESSING OF PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING

The Data Controller seeks to share with newsletter recipients only relevant news about services, discounts, offers, competitions and other useful information. It implements this in accordance with this Privacy Policy.

The Data Controller processes personal data for the purpose of direct marketing only with the Data Subject’s explicitly expressed consent. The following personal data of Clients and other Data Subjects are processed for the purpose of direct marketing:

Name;
Surname;
Email address.

After sending a newsletter, the Data Controller may collect statistical data on the Data Subject’s behaviour related to the use and content of the newsletter (for example, whether the newsletter was read, which links were opened by the Data Subject).

Personal data are obtained directly from Data Subjects. The Data Controller may transfer personal data only to third parties providing specialised services, in order to send emails and to tailor the nature of advertising ordered through advertising platforms. The personal data of Clients and other Data Subjects are processed on the basis of consent, expressed by providing one’s data and agreeing to the processing of personal data for the purpose of direct marketing (point (a) of Article 6(1) of the General Data Protection Regulation).

We inform you that the Data Subject has the right to object or to withdraw at any time their consent to the processing of their personal data for direct marketing purposes, including profiling to the extent that it is related to such direct marketing, without stating the reasons for the objection
By clicking the “unsubscribe from the newsletter” link at the end of the newsletter or on the website;
By writing to the email address info@icongym.lt

Withdrawal of consent does not affect the lawfulness of consent-based data processing carried out prior to the withdrawal of consent.

PROCESSING OF PERSONAL DATA FOR THE PURPOSES OF ENSURING THE SECURITY OF PERSONNEL AND CLIENTS AND THE PROTECTION OF PROPERTY (VIDEO SURVEILLANCE)

For the purposes of ensuring the security of personnel, Clients and other persons entering the video surveillance area, as well as the protection of property (video surveillance), the Data Controller processes the video data of its personnel and Clients and other persons entering the video surveillance area in order to ensure their safety and the safety of property.

We inform you that your video data are captured by the Data Controller’s video surveillance equipment when you visit the Data Controller’s territory around the buildings and in the premises located at Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r. Video data may be transferred only to law enforcement authorities in accordance with the procedure established by the legal acts of the Republic of Lithuania, and to insurance companies if an incident occurs which may be recognised as an insured event. Video data are transferred only to the extent related to the incident under investigation.

The Data Controller may provide the video data of personnel and Clients and other persons entering the video surveillance area to Data Processors not specified in this Policy, who provide services (perform works) for the Data Controller and process the video data of personnel and clients and other persons entering the video surveillance area on behalf of the Data Controller.

Personal data for the purpose of video surveillance are processed on the basis of the Data Controller’s legitimate interest (point (f) of Article 6(1) of the General Data Protection Regulation).

STORAGE OF PERSONAL DATA

Personal data are protected from loss, unauthorised use and alteration. We have implemented organisational and technical measures to protect all the information we collect for the purposes of providing our services. We remind you that, although we take appropriate steps to protect your information, no website, online transaction, computer system or wireless connection is completely secure.

The Data Controller applies different retention periods for personal data, in accordance with the requirements of legal acts and taking into account the purposes of the processing of personal data.

YOUR RIGHTS

A Data Subject whose data are processed in the Data Controller’s activities has the following rights:

The right to know (to be informed) about the processing of their data;
The right of access to their data and to how they are processed;
The right to rectify or, taking into account the purposes of the processing of personal data, to complete incomplete personal data;
The right to have personal data destroyed and the right “to be forgotten”, i.e. to have the processing of their data suspended (except for storage);
The right to restrict the processing of personal data where one of the legitimate grounds exists;
The right to data portability, where the Data Subject has provided their personal data to the Data Controller in a structured, commonly used and machine-readable format;
The right to object to the processing of personal data where such data are processed or intended to be processed for direct marketing purposes, including profiling to the extent that it is related to such direct marketing;
The right to lodge a complaint with the State Data Protection Inspectorate of the Republic of Lithuania (Valstybinė duomenų apsaugos inspekcija).

The Data Subject has the right to submit any request or instruction related to the processing of personal data to the Data Controller in writing in one of the following ways: by delivering it directly or by sending it by post to the address: UAB „Vakarų sportas“, legal entity code 306963497, registered office address Statybininkų g. 5, Gargždai, LT-96155 Klaipėdos r.; by email: info@icongym.lt

Upon receipt of such a request or instruction, the Data Controller shall, no later than within one month from the date of the request, provide a response and carry out the actions specified in the request or refuse to carry them out. Where necessary, the specified period may be extended by a further two months, taking into account the complexity and number of the requests. In such a case, within one month from the date of receipt of the request, the Data Controller shall inform the Data Subject of such an extension, together with the reasons for the delay.

The Data Controller may decline to enable data subjects to exercise the rights listed above, except for the objection to the processing of personal data by way of direct marketing, where, in the cases provided for by law, it is necessary to ensure the prevention, investigation and detection of criminal offences or breaches of official or professional ethics, as well as the protection of the rights and freedoms of the data subject or other persons.

THIRD-PARTY WEBSITES, SERVICES AND PRODUCTS ON OUR WEBSITES

The Data Controller’s website may contain third-party advertising banners and links to their websites and services which the Data Controller does not control, for example a link to the Data Controller’s Facebook profile. The Data Controller is not responsible for the security and privacy of information collected by third parties. You must read the privacy provisions applicable to the third-party websites and services you use.

If you have provided data about yourself via “Facebook”, we understand that you agree that we may contact you using the contact telephone number and email address provided and present offers of services.

COMPLAINTS

If you believe that your rights as a personal data subject are and/or may be violated, please contact us immediately with a complaint at the email address info@icongym.lt. We assure you that, immediately upon receipt of your complaint, we will contact you within a reasonable period and inform you of the progress of the investigation of the complaint, and subsequently of its outcome. If the results of the investigation do not satisfy you, please note that you may lodge a complaint with the supervisory authority – the State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija) (contact details at www.ada.lt ).

LIABILITY

You are responsible for the confidentiality of your password and the data you provide, as well as for any actions (data transfer, orders placed, etc.) carried out on our Website and/or the App while logged in using your login details. You may not disclose your password to third parties. If a third party uses the services provided on our Website and/or the App after logging in to the Website and/or the App using your login details, we consider that it was you who logged in. If you lose your login details, you must inform us immediately by post, telephone, fax or email. You are responsible for ensuring that the data you provide to us are accurate, correct and complete. If the data you have provided change, you must inform us immediately by amending the relevant data in the registration form or, if the data are not specified in the registration form, by informing us by email. Under no circumstances shall we be liable for damage caused to you as a result of your having provided incorrect or incomplete personal data or having failed to inform us of changes to them.

CHANGES TO THE PRIVACY NOTICE

We may update or amend this Privacy Notice at any time. Such an updated or amended Privacy Notice will take effect upon its publication on our Website and/or the App. You should check it from time to time and make sure that you are satisfied with the current version of the Privacy Notice. When we update the Privacy Notice, we will inform you of changes we consider material by publishing them on the Website. If you access the Website after such a notice has been published, you agree to the new requirements set out in the update. You can check the “Update date” indicated at the bottom to find out when the Privacy Notice was last updated.

COOKIE POLICY

Cookies are items of information transferred from a website to your computer’s hard drive. They are small information files that allow websites to store and subsequently access information about a user’s browsing habits.

Cookies are used by most websites because they are one of the many tools that help tailor internet content to users’ needs. Cookies allow websites to provide services tailored to users’ needs (for example, by remembering login details, keeping purchases in the shopping cart, or displaying only content of interest to a specific user).

Most browsers are set to accept cookies automatically. Cookies do not allow access to, or the ability to copy, a terminal’s data storage device, such as a hard drive. The user may block cookies by changing their web browser settings, but this may reduce the functionality of the pages and is not recommended. The user may also delete cookies in their web browser at any time.

The cookies used on this website do not violate the privacy of the service user. For example, cookies are used for evaluation and research purposes to determine the type and extent of use of the website. Cookies may also be used in marketing based on user lists and remarketing. The purpose of such marketing is to provide information about relevant services to users who have visited the website previously.

The Company collects and processes personal data for the following purposes: contacting clients, marketing of products and services (including planned email marketing, online advertising and personal sales calls), collecting and handling feedback, providing requested information, and providing products and services requested or ordered from the Company.

In addition, the Company may share such contact data of yours and internet functions, such as website visits and email click-throughs, with channel partners for the purposes of sales and marketing of the Company’s products and services.

This translation is provided for convenience. In case of any discrepancy, the Lithuanian original prevails.

REGISTERED CLIENT

NEW CLIENT