Privacy policy

PRIVACY POLICY

of the Invictus website and mobile application

This Privacy Policy (the “Policy”) sets out the procedure for the collection, recording, systematization, accumulation, storage, modification, supplementation, use, provision, dissemination, depersonalization, blocking, deletion and destruction of the personal data of Users of the Service.

The Policy has been developed taking into account the legislation of the Republic of Kazakhstan on personal data and its protection, informatization, communications, consumer protection and other applicable requirements, as well as the mandatory requirements of application stores governing the processing of health and physical activity data.

Where a particular feature requires separate consent, a system permission or another affirmative action by the User, the relevant processing begins only after such action. Familiarization with this Policy does not by itself replace separate consent where such consent is required.

1. GENERAL PROVISIONS

1.1. This Policy applies to all Users of the Service regardless of the device used, operating system, registration method or country of location, unless otherwise required by mandatory provisions of applicable law.

1.2. The operator of the Service and the owner and/or operator of the relevant personal data databases is LLP “GOPASS PLATFORM”, unless the User is expressly informed otherwise for a particular service or feature.

1.3. This Policy applies together with the User Agreement, public offers, club rules, terms of individual services, User consents, the Regulation on the Athlete’s Visible and Anonymous Profile, and other documents made available within the Service.

1.4. If there is a conflict between documents regarding the scope of data disclosed to other users, the provision providing for a smaller scope of disclosure and a higher level of User protection shall apply, unless mandatory law provides otherwise.

1.5. Refusal of optional processing, including refusal to connect Apple Health or Health Connect, does not restrict access to paid fitness services, the membership, the club or the basic functions of the Service that do not depend on the relevant data.

2. DEFINITIONS

2.1. Service means the Invictus website, mobile application, personal account, club community interfaces, electronic forms, notifications and other digital functions of Invictus.

2.2. Company, Operator means LLP “GOPASS PLATFORM”, which administers the Service and determines the purposes and methods of personal data processing within the scope of its authority.

2.3. User means an individual using the Service, including an Athlete, club client, membership purchaser, website visitor or person contacting customer support.

2.4. Personal Data means information relating to a specific User, or a User who can be identified on the basis of such information, recorded on an electronic, paper and/or other tangible medium.

2.5. Processing means any action or set of actions involving Personal Data, including collection, recording, systematization, accumulation, storage, clarification, retrieval, use, transfer, depersonalization, blocking, deletion and destruction.

2.6. Partner means a club, franchisee, seller, service provider or other person whose offer or service is presented in the Service.

2.7. Technical Contractor means a person processing data on behalf of the Operator for hosting, development, maintenance, support, security, notification delivery, payment processing or another technical function.

2.8. Health Connect means the Android platform that enables a User to manage applications’ access to health and physical activity data on the device.

2.9. Apple Health (HealthKit) means Apple software through which a User may permit applications to access certain health and physical activity data.

2.10. Sports and Physiological Metrics means information on workouts and physical activity, including activity duration, steps, distance, energy expenditure/calories, heart rate, heart-rate dynamics, HRV (heart rate variability), and other metrics expressly specified in the interface.

2.11. Visible Profile means a profile mode in which data selected by the User may be displayed to a limited group of other users within the Service. Such profile is not a publicly accessible internet page and is not indexed by search engines.

2.12. Anonymous Profile means a mode in which the User’s Personal Data is not displayed to other users in the club community, except for depersonalized technical information that does not enable identification of the User.

3. PROCESSING PRINCIPLES

3.1. The Operator processes data lawfully, fairly and transparently for specific, predetermined and legitimate purposes.

3.2. The composition and volume of data are limited to information that is necessary and sufficient for the stated purposes. The Operator shall not collect data “for future use” where there is no implemented feature that has been disclosed to the User.

3.3. Optional features are activated voluntarily. Pre-ticked boxes, implied consent and consent through silence are not used to connect health-data sources or to display such data to other users.

3.4. Permissions to access data are requested progressively and in the context of a specific feature. A User’s refusal to grant permission is respected without pressure or manipulation.

3.5. Data is retained no longer than necessary for the purposes of processing and compliance with mandatory requirements.

3.6. Access to Personal Data is granted on a need-to-know basis and is subject to organizational and technical controls.

4. CATEGORIES OF DATA PROCESSED

4.1. Depending on the features used, the Operator may process the following categories of data.

4.1.1. Identification Data

• surname, first name, patronymic or display name;

• date of birth and age;

• gender, if specified by the User or required for the selected service;

• citizenship, IIN and document details, only where necessary for a legally significant transaction, identification, refund, installment plan or compliance with a legal requirement;

• photograph, profile image and visual identification data.

4.1.2. Contact Data

• telephone number;

• email address;

• delivery address, when ordering goods;

• other contact details voluntarily provided by the User.

4.1.3. Account and Service Usage Data

• unique User identifier;

• date and time of registration, logins and actions;

• profile, language, notification, privacy and consent settings;

• information on memberships, subscriptions, freezes, transfers and use;

• information on club visits, entries and workout sessions;

• orders, purchases, refunds, requests, claims and correspondence with customer support;

• actions in the club community, including likes, reactions, complaints and visibility settings.

4.1.4. Payment Data

• payment amount, date, currency and status;

• transaction identifier and payment method;

• partially masked details, such as the last four digits of a card;

• information on refunds, installment plans, receipts and payment confirmations.

The Operator does not store the full bank card number or CVV/CVC security code unless otherwise required by the payment solution used and mandatory requirements. Payments are processed by banks, payment organizations and aggregators in accordance with their terms.

4.1.5. Technical and Analytics Data

• IP address;

• device type, operating system, application or browser version;

• language, regional settings and time zone;

• application and device identifiers to the extent permitted by the operating system;

• cookies, SDKs, local storage and similar technologies;

• crash, performance, security and diagnostic data;

• depersonalized and aggregated information about use of the Service.

4.1.6. Geolocation Data

The mobile application may obtain the User’s approximate geolocation data (in particular, city or district) only while the application is in use and after the User grants the relevant system permission. Such data is used solely for: (1) identifying and showing the User relevant offers from clubs, services, events and other Invictus offerings based on the User’s location; and (2) analyzing the geographic distribution of demand and assessing whether new clubs should be opened in areas with a high concentration of Users. For the purpose specified in subparagraph (2), the Operator uses depersonalized and aggregated data and does not make decisions based on the movements of an individual User. The Operator does not continuously track location in the background, does not create a history of precise movements and does not transfer geolocation data to third parties for their independent advertising purposes. The User may decline to grant, or may withdraw at any time, the system permission; this does not restrict access to the membership or the basic functions of the Service, but may affect personalization of local offers.

4.1.7. Photograph and Biometric Identification

An ordinary profile photograph is processed as an image of the User. A biometric template or automated facial recognition is used only where such technology is actually implemented, for the stated purpose of identification or access, and subject to separate consent where required by law. Where possible, the User is provided with an alternative method of identification.

5. APPLE HEALTH AND HEALTH CONNECT DATA

5.1. The mobile application may obtain data from Apple Health (HealthKit) and/or Health Connect only after the User independently initiates connection of the relevant source and grants the permissions on the device.

5.2. Before the system permission request is displayed, the User is provided with a clear notice describing the requested data categories, purposes of use, transfer to the server, possible display to other users, and methods for disconnecting or deleting the data.

5.3. Depending on the implemented feature and the permissions selected by the User, the application may obtain only the following categories of data:

• workouts and workout sessions;

• workout type, date, start time, duration and other workout parameters;

• steps;

• distance;

• active and/or total energy, energy expenditure and calories;

• heart rate and heart-rate dynamics during a workout;

• HRV (heart rate variability);

• record source and technical metadata required for proper synchronization and prevention of duplication.

5.4. The application shall not request access to data categories that are not used by an actually functioning user feature. Adding new categories requires updating the disclosure interface, permissions, this Policy and mandatory app-store declarations before processing begins.

5.5. As of the date of this version, Apple Health and Health Connect data are used to read and synchronize sports metrics in the Service. Writing data to those sources is permitted only where the relevant feature has been implemented, a separate system permission has been granted and the User has been notified in advance.

5.6. The data obtained may be transferred from the device to the Operator’s secure servers and stored in the Operator’s information systems to the extent necessary for synchronization, creation of workout history and statistics, account data recovery, support, diagnostics and information security.

5.7. The Operator does not use Apple Health and Health Connect data for:

• selling data or providing access to it to data brokers;

• targeted advertising, advertising profiling or measurement of advertising audiences;

• determining creditworthiness, insurance rates, employment status or other decisions that materially affect the User’s rights;

• making a medical diagnosis, prescribing treatment or replacing consultation with a physician;

• restricting access to the club, membership or paid service;

• developing features that have not been disclosed to the User and are unrelated to the permitted health or physical activity feature.

5.8. Sports metrics are calculated values and may depend on the device, algorithm, sensor, connection quality and accuracy of the source data. They do not constitute a medical opinion, diagnosis, prescription or guaranteed assessment of health status.

5.9. The User may at any time disable the application’s access to Apple Health or Health Connect through the settings of the device, the relevant platform or the Service. After access is disabled, the application stops receiving new data; however, data previously stored on the servers is deleted in accordance with Section 13 of this Policy.

6. VISIBLE PROFILE AND CLUB COMMUNITY

6.1. For all Users, the default privacy-preserving mode is the Anonymous Profile. The Visible Profile is activated only after a separate affirmative choice by the User in the Service.

6.2. Within the Visible Profile, only data expressly listed in the selection interface may be displayed to other Users of the Service, including, in particular, first name, surname, photograph, general workout statistics and presence at the club.

6.3. Connecting Apple Health or Health Connect does not constitute consent to display the data obtained to other users.

6.4. Calories, heart rate, heart-rate dynamics and other sports or physiological metrics may be displayed to other users only after the User separately enables the relevant setting. This setting is disabled by default and is not combined with permission to connect the data source.

6.5. The interface shall enable the User to understand which category of data will become visible, to whom it will be available and how it can be hidden. The Operator may provide separate settings for name, photograph, presence, workout statistics, calories and heart rate.

6.6. Exact club entry and exit times, complete movement history, exact heart-rate values and detailed heart-rate curves are not displayed to other users by default. Display of a detailed metric is permitted only after a separate informed choice by the User, if the relevant feature is implemented.

6.7. The Visible Profile is available only to a limited group of authorized users within the club community features and is not intended for unrestricted access on the Internet.

6.8. The User may switch to Anonymous mode at any time. The Operator ceases further display of the data without undue delay and, where technically possible, immediately.

6.9. Refusal to use the Visible Profile does not affect use of the membership, club entry, attendance at workouts or receipt of paid services, except for features objectively related to participation in the community.

7. PURPOSES OF PROCESSING

7.1. Personal Data is processed for the following purposes:

• registration, authentication and account management;

• identification of the User and prevention of membership transfer to third parties;

• provision of Service functions, including schedules, bookings, workouts and the club community;

• processing and administration of orders, memberships, subscriptions and other services;

• providing access to clubs and related facilities;

• processing payments, refunds and financial transactions;

• synchronization, display and storage of sports statistics at the User’s choice;

• technical and customer support;

• handling requests, complaints, claims and inquiries;

• sending service, technical and legally significant notifications;

• ensuring security, investigating incidents and preventing fraud and abuse;

• error diagnostics, improvement of stability and development of the Service;

• identifying and displaying relevant offers from clubs, services and events based on the User’s approximate location, as well as analyzing the geographic distribution of demand and assessing whether new clubs should be opened on the basis of depersonalized and aggregated geolocation data;

• conducting marketing activities and sending advertising only where the required consent has been obtained;

• complying with legal requirements, court orders and lawful requests of authorized authorities;

• protecting the rights and legitimate interests of the Operator, Users, Partners and other persons.

7.2. Apple Health and Health Connect data are not used for general advertising analytics, advertising personalization, marketing segmentation or improvement of products unrelated to the health and physical activity feature authorized by the User.

8. LEGAL BASES AND CONSENTS

8.1. Processing is carried out on one or more applicable legal bases: the User’s consent; the necessity to perform a contract or take action at the User’s request; compliance with a legal obligation; protection of life, health and safety; protection of legitimate interests subject to observance of the User’s rights; or other grounds provided by law.

8.2. Separate consent or an affirmative action is requested, in particular, for connecting Apple Health or Health Connect, granting access to geolocation, accessing certain data categories, displaying sports metrics to other users, processing a biometric template, sending advertising messages, and in other cases provided by law or the Service interface.

8.3. Consent is recorded in a manner that makes it possible to confirm that it was obtained, including the date and time, version of the text, data categories, purpose, source, selected permissions and visibility settings.

8.4. The User may withdraw consent. Withdrawal terminates further processing based solely on consent from the moment it is received by the Operator, but does not affect the lawfulness of actions carried out previously and does not preclude retention of data required by law, contract, security needs or dispute resolution.

8.5. If the purpose of processing materially changes or data is to be used for a new purpose, the Operator first provides updated information and obtains new consent where required.

9. DATA TRANSFER AND RECIPIENTS

9.1. The Operator transfers data only to the extent necessary for the stated purpose and to the following categories of recipients:

• clubs and Partners, for provision of an ordered service, access, membership, refund or handling of a request;

• banks, payment organizations and aggregators, for payments, refunds, installment plans and fraud prevention;

• providers of hosting, cloud infrastructure, development, maintenance, notifications, support and information security;

• government authorities, courts and other authorized persons, where there is a lawful basis;

• professional advisers and auditors, where necessary and subject to confidentiality obligations.

9.2. Apple Health and Health Connect data are not transferred to advertising networks, marketing platforms, data brokers or persons using such data for advertising, scoring or profiling.

9.3. Technical Contractors are granted access to Apple Health and Health Connect data only to the minimum extent necessary for operation, storage, protection, diagnostics and support of the relevant feature, pursuant to a confidentiality and data-processing agreement.

9.4. Employee access to individual sports and physiological data is limited to business need. Customer support is granted access where required to handle a User request; actions involving such data may be logged.

9.5. Other Users of the Service are recipients only of Visible Profile data that the User has separately permitted to be displayed. They are not granted the right to use such data outside the community functions, copy it, publish it or transfer it to third parties.

10. INTERNATIONAL TRANSFERS AND DATA LOCALIZATION

10.1. The Operator ensures that Personal Data is stored in databases located in the Republic of Kazakhstan in the cases and to the extent required by the legislation of the Republic of Kazakhstan.

10.2. Certain technical providers may be located in other countries or may provide cross-border processing. Such transfer is carried out only where there is a lawful basis, applicable legal requirements are observed and appropriate safeguards are in place.

10.3. When selecting a provider, the Operator assesses the nature of the data, purpose of the transfer, contractual obligations, security measures and the User’s ability to exercise their rights.

10.4. Cross-border transfer of Apple Health and Health Connect data is limited to the scope necessary for operation of the stated feature and is not permitted for advertising, sale of data or other prohibited purposes.

11. COOKIES, SDKs AND ANALYTICS TECHNOLOGIES

11.1. The Service may use essential cookies and SDKs for authentication, security, saving settings, diagnostics and proper operation; functional technologies for remembering choices; analytics technologies for assessing performance and feature usage; and marketing technologies only where the required legal basis and consent are present.

11.2. Apple Health and Health Connect data, including heart rate, calories, workouts, steps and distance, are not transferred to advertising SDKs and shall not be included in advertising-event parameters, advertising identifiers, diagnostic-message text or general analytics logs.

11.3. The User may manage cookies and permissions in the browser, device or Service interface. Disabling essential technologies may affect the operation of certain features.

12. RETENTION PERIODS

12.1. The Operator retains data no longer than necessary for the relevant purpose, performance of the contract, mandatory accounting, tax and other record-keeping periods, protection of rights and resolution of disputes.

12.2. Account data is retained for the lifetime of the account and thereafter to the extent and for the period necessary to comply with law, complete settlements, handle requests and protect rights.

12.3. Apple Health and Health Connect data are retained until the earliest of the following events: deletion of the account; deletion of the data by the User; withdrawal of consent together with a deletion request; termination of the feature; or expiry of the retention period established by the Operator for the relevant statistics.

12.4. Following a confirmed request, active copies of Apple Health and Health Connect data are generally deleted no later than 30 calendar days thereafter, unless longer retention is required by law, contract, information-security needs or dispute resolution. Residual copies in backup systems are deleted or overwritten within the established backup cycle, generally no later than 90 calendar days.

12.5. Logs of consents, withdrawals and security operations may be retained separately for the period necessary to demonstrate the lawfulness of processing and protect rights, without further use of sports metrics for user-facing or commercial purposes.

12.6. Once the purposes have been achieved, data is deleted, destroyed, blocked or irreversibly depersonalized in accordance with internal procedures and applicable law.

13. DISCONNECTION, DELETION OF DATA AND ACCOUNT

13.1. The User may stop receiving new data from Apple Health or Health Connect by withdrawing permissions in the settings of the device, platform or Service.

13.2. Disconnecting a data source does not always delete data previously synchronized to the servers. To delete such data, the User may use the deletion function in the Service or submit a request through customer support or by email to support@invictus.kz.

13.3. The User may initiate account deletion within the mobile application and outside the application through the support section at https://invictus.kz or by email to support@invictus.kz.

13.4. During the deletion process, the User is informed which data will be deleted, which data may be retained under mandatory requirements, the applicable periods, and the consequences for the membership, orders and access to services.

13.5. Deletion of the account terminates access to it and results in deletion or depersonalization of data that does not require further lawful retention. Mere deactivation, logging out of the application, deleting the application from the device or freezing the membership does not by itself constitute account deletion.

13.6. The Operator may request information necessary to verify identity and protect the account against unauthorized deletion.

14. SECURITY AND CONFIDENTIALITY

14.1. The Operator applies organizational, legal and technical measures proportionate to the nature of the data and the risks, including access controls, authentication, secure transmission channels, logging, backups, infrastructure protection and confidentiality obligations.

14.2. Access to sports and physiological data is restricted by role and business need. Bulk export, use in test environments without depersonalization and transfer to unapproved systems are prohibited by the Operator’s internal rules.

14.3. The Operator takes measures to prevent unauthorized access, modification, copying, dissemination, destruction and other unlawful actions.

14.4. No method of storage or transmission can guarantee absolute security. The User is responsible for protecting their device, password, telephone number and email address and must promptly report suspicious activity.

14.5. In the event of an incident, the Operator takes measures to contain, investigate and remediate the incident and to notify Users or authorized authorities in the cases and within the time limits prescribed by law.

15. USER RIGHTS

15.1. Subject to applicable law, the User has the right to:

• obtain information about the existence, purposes, sources, methods and periods of processing of their data;

• access their data;

• request correction, supplementation, blocking or deletion of inaccurate, unlawfully obtained or excessive data;

• withdraw consent;

• disconnect Apple Health and Health Connect and delete data obtained from them;

• change the profile visibility mode and settings for individual categories;

• opt out of advertising messages;

• object to processing or request restriction of processing in the cases provided by law;

• lodge a complaint with the Operator and the authorized government authority;

• exercise other rights provided by law.

15.2. To exercise these rights, the User may use the Service settings, the support section, email support@invictus.kz, telephone +7 707 108 0008, or a postal request sent to the registered address.

15.3. The Operator considers requests within the time limits prescribed by law and may request proof of identity. If a request cannot be fulfilled in full, the User will be informed of the reason for refusal or restriction, where such notification is permitted by law.

16. MINORS

16.1. Use of the Service by minors is subject to applicable law, club rules and the terms of the relevant service.

16.2. A Visible Profile is not available to Users under 18 years of age. Their name, photograph, presence, workout statistics, calories, heart rate and other metrics are not displayed to other users of the club community.

16.3. Connecting a minor’s health and physical activity data sources is permitted only where there is a lawful basis and consent of a legal representative where such consent is required. The Operator may technically disable this feature entirely for minors.

16.4. If age has not been verified or there are reasonable doubts, the Operator may apply an enhanced privacy mode and restrict features until age is confirmed.

16.5. If the Operator becomes aware that a minor’s data has been obtained without the required consent or other legal basis, it takes measures to restrict processing and delete the data, unless retention is required by law or for the protection of rights.

17. MARKETING COMMUNICATIONS

17.1. Advertising and marketing communications are sent where the required consent or another lawful basis exists. The User may opt out using the method specified in the communication, through the settings or through support.

17.2. Opting out of advertising does not stop service, technical, transactional or legally significant notifications.

17.3. Sports and physiological metrics obtained from Apple Health or Health Connect are not used to determine the content of advertising or marketing offers.

18. THIRD-PARTY SERVICES

18.1. The Service may contain links to websites, applications, payment pages, Apple and Google platforms, social networks and Partner resources. Independent processing of data by such parties is governed by their own documents.

18.2. The Operator is not responsible for the independent actions of a third-party service; however, when selecting a Technical Contractor, it takes reasonable measures to assess the contractor’s reliability and data-protection terms.

18.3. The User independently manages Apple Health and Health Connect permissions in the interfaces of the relevant operating system, which may be changed by the platform owners.

19. CHANGES TO THE POLICY

19.1. The Operator may amend this Policy. A new version is published in the Service and on the Operator’s official digital resource with the date of the version indicated.

19.2. If there is a material change to the categories of data, purposes, recipients, display methods, retention periods or deletion procedure, the Operator notifies the User and obtains new consent where required by law or platform rules.

19.3. Continued use of the basic functions after publication of a new version constitutes acknowledgment of the updated Policy, but does not replace separate consent for new optional processing.

19.4. Previous versions may be retained by the Operator to evidence the processing terms that applied during the relevant period.

20. CONTACT INFORMATION

20.1. For questions regarding privacy, withdrawal of consent, account deletion, Apple Health, Health Connect and exercise of rights, the User may contact the Operator:

21. FINAL PROVISIONS

21.1. If any provision of this Policy is held to be invalid or unenforceable, the remaining provisions remain in force.

21.2. This version enters into force upon publication and applies to processing carried out after that date, as well as to previously collected data to the extent of its further processing.

21.3. The User confirms that they have read this Policy. For optional or sensitive operations, the Operator obtains separate consent or a system permission in accordance with this Policy.