By submitting my photos and/or videos to the Company while participating in the Challenge and/or using the APS Platform (https://anatolyfit.com/), I hereby provide my full and unconditional consent to the use of my images, photos, and/or videos, as well as my reviews, in the Company's commercial activities.
This Informed Consent for the Processing and Use of Photo and Video Materials (hereinafter referred to as the "Consent") does not replace or limit any mandatory consumer rights provided for by the applicable laws of the European Union, the United States, or any other relevant jurisdiction.
By providing Consent, uploading photo or video materials, and/or otherwise confirming acceptance of the Consent, I confirm that I have read and understood the terms of the Consent.
The processing of Materials is carried out exclusively on the basis of the explicit consent I have provided in accordance with Article 6(1)(a) and Article 9(2)(a) of the GDPR and the terms of the CPRA.
In this document, the following terms are used with the following meanings:
Company — ANATOLY FZCO, a company registered under the laws of the United Arab Emirates, with its registered address at Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates, and license number: 33037.
Platform — the Company's online platform APS, using which the Client is provided with access to content, tracking functionality, and other services.
Challenge — a package of services provided by the Company, consisting of the Company granting time-limited access to the Platform, content posted on the Platform, and feedback via the Telegram messenger. A detailed description of the services included in the Challenge is set forth in the Terms of Use of the APS Platform.
2.1. I voluntarily provide the Company with my full and unconditional consent to use the following materials:
2.1.1. my images, photographs, and/or video materials featuring me;
2.1.2. photos and/or videos containing my reviews and comments regarding the Challenge and the Company's services;
2.1.3. other photos and/or videos, screenshots, and text messages sent by me to the Company during the use of the Services.
2.2. This Consent applies exclusively to those photos and/or videos, and information that I have personally uploaded, sent, published, or otherwise provided to the Company.
2.3. I understand that, in accordance with Article 9(1) of the GDPR and/or the terms of the CPRA, such photos and/or videos containing my image may be considered sensitive personal data and may be processed and used only if the Company has my explicit consent for such processing.
2.4. I provide my consent to the use of the materials by marking the checkbox when filling out the form to participate in the Challenge ("I agree to the use of my photos and videos for marketing purposes").
Checking the box constitutes my explicit, active consent (opt-in) to the terms of this Consent and to the Company's use of the materials under the conditions specified in the Consent.
3.1. I understand that the photo and/or video materials I have provided, as specified in Section 2.1 of this Consent (hereinafter referred to as the "Materials"), will be used by the Company for marketing and advertising purposes, specifically to:
3.1.1. posting the Materials on the Platform, the Company's websites, and landing pages;
3.1.2. posting the Materials on the Company's social media accounts and the accounts of persons engaged by the Company;
3.1.3. using the Materials in targeted and contextual advertising;
3.1.4. including the Materials in advertising, informational, presentation, and promotional materials;
3.1.5. using the Materials in email newsletters, case studies, commercial offers, and other materials related to the promotion of the Company's products and services.
3.2. I understand that this Consent regulates the use of the Materials by the Company exclusively for marketing and advertising purposes. Nevertheless, the Materials may be processed and used by the Company for other purposes in other ways as specified in the Privacy Policy.
3.3. I permit and provide my consent to the Company to include my name, surname, sex, weight, and age when using the Materials. I understand that, in accordance with Article 9(1) of the GDPR and/or the terms of the CPRA, such personal data may be classified as sensitive data and may only be processed and used if the Company has my explicit consent for such processing.
In this regard, I give my explicit consent to the disclosure of my name, surname, sex, weight, and age when using the Materials by checking the box when filling out the form to participate in the Challenge ("I agree to the use of my photos and videos for marketing purposes").
3.4. I agree that the Materials may be transferred to third parties, including advertising platforms (Meta, Google, TikTok, etc.), solely for the purpose specified in this Consent.
3.5. The Company has the right to make technical adaptations to the Materials for the purpose of publication, including changing the format, cropping, compressing, and combining with other materials, provided that such actions do not distort the content of the Materials or mislead regarding their essence.
3.6. I agree that the Company may use the Materials without paying me any compensation, rewards, or other payments, unless otherwise expressly agreed upon separately.
3.7. The Materials shall be processed and stored for the period necessary to achieve the purposes set forth in this Consent, or until such consent is revoked, unless otherwise required by applicable law, the nature of the legal relationship, or the need to protect the Company's rights and legitimate interests.
4.1. I understand that I have the right to withdraw this Consent at any time by:
4.1.1. filling out the consent withdrawal form posted on the Platform and/or the Company's Website;
4.1.2. contacting the Company via email at support@anatolyfit.com with a request to delete the Materials I have provided.
4.2. I understand that withdrawal of Consent cannot be used as a reason to deny me access to the services, the Platform, or the Challenge.
4.3. Upon receiving a request to withdraw Consent, the Company shall cease further use of the relevant Materials for marketing purposes within a reasonable timeframe after processing such a request, but no later than one month from the date of receipt.
4.4. The withdrawal of this Consent to the use of Materials does not affect the lawfulness of the use of Materials for the purposes and in the manner specified in the Privacy Policy.
5.1. This Consent enters into force upon its provision and remains in effect for the entire duration of the processing and use of the Materials.
5.2. I confirm that at the time of providing this Consent, I have reached the minimum age for using the Platform without the consent of my parents or legal guardians, or that my parents/legal guardians have provided Consent in accordance with the Terms of Use.
5.3. The Company has the right to amend this Consent if necessary to bring its provisions into line with changes in the Company's operations, the Platform's functionality, or the requirements of applicable law. The current version of this Consent is posted on the Company's website.
5.4. If any provision of this Consent is found to be invalid, illegal, or unenforceable, this shall not affect the validity and enforceability of its other provisions.
5.5. The provisions of this Consent, the Privacy Policy, and the applicable laws governing the relevant legal relationships shall apply to the relationships arising in connection with the provision, processing, and use of Materials.
Technical support: support@anatolyfit.com