Privacy policy

PRIVACY POLICY

for the Invictus Website and Mobile Application

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

This Policy has been developed with due regard to the laws of the Republic of Kazakhstan on personal data and its protection, informatisation, communications, consumer protection and other applicable requirements, as well as the mandatory requirements of application stores relating to 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 shall commence only after such action has been taken. Mere acknowledgement of this Policy does not replace separate consent where such consent is required.

1. GENERAL PROVISIONS

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

1.2. Unless the User is expressly informed otherwise in relation to a particular service or feature, the operator of the Service and the owner and/or operator of the relevant personal data databases is GOPASS PLATFORM LLP.

1.3. This Policy applies together with the Terms of Use, public offers, club rules, terms applicable to individual services, User consents, the Regulations on the Visible and Anonymous Athlete Profile, and other documents made available through the Service.

1.4. In the event of any inconsistency between documents concerning the scope of disclosure of data to other users, the provision that entails the lesser scope of disclosure and the 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, a membership, a club or the basic features of the Service that do not depend on the relevant data.

2. DEFINITIONS

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

2.2. Company or Operator means GOPASS PLATFORM LLP, which administers the Service and determines the purposes and means of personal data processing within its remit.

2.3. User means an individual who uses the Service, including an Athlete, a club client, a purchaser of a membership, a website visitor or a person who contacts customer support.

2.4. Personal Data means information relating to an identified User or a User identifiable on the basis of such information, recorded on electronic, paper and/or another tangible medium.

2.5. Processing means any operation or set of operations performed on Personal Data, including collection, recording, systematisation, accumulation, storage, updating, retrieval, use, transfer, anonymisation, blocking, deletion and destruction.

2.6. Partner means a club, franchisee, seller, service provider or another person whose offer or service is presented through 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 User’s device.

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

2.10. Sports and Physiological Metrics means information about workouts and physical activity, including activity duration, steps, distance, energy expenditure/calories, heart rate, heart-rate trends, HRV — heart rate variability and other metrics expressly identified 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. A Visible Profile is not a publicly accessible internet page and is not indexed by search engines.

2.12. Anonymous Profile means a profile mode in which the User’s Personal Data is not displayed to other users in the club community, except for anonymised 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 categories and volume of data are limited to information that is necessary and sufficient for the stated purposes. The Operator shall not collect data for potential future use where no corresponding feature has been implemented and disclosed to the User.

3.3. Optional features are activated voluntarily. Pre-selected boxes, concealed consent and consent inferred from 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 shall be 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 least-privilege basis and is subject to organisational 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;

• sex, where provided by the User or required for the selected service;

• citizenship, Individual Identification Number (IIN) and identity document details, only where required for a legally significant transaction, identification, refund, instalment arrangement 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 goods are ordered;

• 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 about memberships, subscriptions, freezes, transfers and usage;

• information about club visits, access events and workout sessions;

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

• activity 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 payment details, such as the last four digits of a card;

• information about refunds, instalments, receipts and payment confirmations.

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

• anonymised and aggregated information about use of the Service.

4.1.6. Geolocation Data

4.3. The Operator may obtain approximate or precise location data only when the relevant feature is enabled and the User has granted the applicable system permission, for example to select the nearest club or use another feature clearly described to the User. Geolocation access is not requested solely for advertising or analytics.

4.1.7. Photographs and Biometric Identification

4.4. 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 deployed, for the stated purpose of identification or access, and subject to separate consent where required by law. Where practicable, the User is offered an alternative identification method.

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 has independently initiated connection of the relevant source and granted the required 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 the 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 trends during a workout;

•        - HRV — heart rate variability;

• data source and technical metadata necessary for correct synchronisation and duplicate prevention.

5.4. The application shall not request access to data categories that are not used by an operational User-facing feature. Addition of new data categories requires the disclosure interface, permissions, this Policy and mandatory application-store declarations to be updated before processing begins.

5.5. As of the date of this version, Apple Health and Health Connect data is used to read and synchronise Sports and Physiological Metrics within the Service. Writing data to those sources is permitted only where a corresponding feature has been implemented, a separate system permission has been granted and the User has been informed in advance.

5.6. 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 synchronisation, creation of workout history and statistics, recovery of account data, support, diagnostics and information security.

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

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

• targeted advertising, advertising profiling or advertising audience measurement;

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

• making a medical diagnosis, prescribing treatment or replacing medical advice;

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

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

5.8. Sports and Physiological Metrics are estimates and may depend on the device, algorithm, sensor, connection quality and accuracy of source data. They are not a medical opinion, diagnosis, prescription or guaranteed assessment of health status.

5.9. The User may disconnect the application from Apple Health or Health Connect at any time through the settings of the device, relevant platform or Service. Once disconnected, 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. The default privacy-protective mode for all Users is the Anonymous Profile. The Visible Profile is activated only following a separate affirmative choice by the User in the Service.

6.2. Only data expressly listed in the selection interface may be displayed to other Service users as part of a Visible Profile, including, in particular, the User’s first and last name, photograph, general workout statistics and presence at a club.

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

6.4. Calories, heart rate, heart-rate trends 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 data category 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 a detailed heart-rate graph are not displayed to other users by default. A detailed metric may be displayed only following a separate informed choice where the relevant feature has been implemented.

6.7. A Visible Profile is available only to a limited group of authorised users through the club community features and is not intended for unrestricted public access on the internet.

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

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

7. PURPOSES OF PROCESSING

7.1. Personal Data is processed for the following purposes:

• registration, authentication and account management;

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

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

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

• provision of access to clubs and related facilities;

• processing of payments, refunds and financial transactions;

• synchronisation, display and storage of workout statistics at the User’s choice;

• technical and customer support;

• handling of requests, complaints, claims and enquiries;

• delivery of service, technical and legally significant notifications;

• security, incident investigation and prevention of fraud and abuse;

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

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

• compliance with applicable law, court decisions and lawful requests of authorised public authorities;

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

7.2. Apple Health and Health Connect data is not used for general advertising analytics, advertising personalisation, marketing segmentation or improvement of products unrelated to the health or physical activity feature authorised 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; necessity for performance of a contract or steps taken at the User’s request; compliance with a legal obligation; protection of life, health and safety; protection of legitimate interests, provided that the User’s rights are respected; or other grounds established by law.

8.2. Separate consent or another affirmative action is requested, in particular, for connecting Apple Health or Health Connect, accessing individual data categories, displaying Sports and Physiological Metrics to other users, processing a biometric template, sending advertising messages and in other cases required by law or the Service interface.

8.3. Consent is recorded in a manner that enables proof of its receipt, including the date and time, version of the consent text, data categories, purpose, source, selected permissions and visibility settings.

8.4. The User may withdraw consent. Withdrawal terminates further processing based exclusively on consent from the time the Operator receives the withdrawal, but does not affect the lawfulness of processing carried out before withdrawal and does not preclude retention required by law, contract, security needs or dispute resolution.

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

9. DATA TRANSFERS 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 organisations and aggregators, for payment, refund, instalment arrangements and fraud prevention;

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

• public authorities, courts and other authorised persons, where there is a lawful basis;

• professional advisers and auditors, where confidentiality obligations apply and access is necessary.

9.2. Apple Health and Health Connect data is not transferred to advertising networks, marketing platforms, data brokers or persons that use it 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 to operate, store, protect, diagnose and support the relevant feature, under a confidentiality and data-processing agreement.

9.4. Employee access to individual Sports and Physiological Metrics is restricted to business need. Customer support may access such data where necessary to handle a User request; actions involving such data may be logged.

9.5. Other Service users are recipients only of the Visible Profile data that the User has separately authorised for display. They acquire no right to use such data outside the community features or to copy, publish or transfer it to third parties.

10. CROSS-BORDER TRANSFERS AND DATA LOCALISATION

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

10.2. Certain technical providers may be located in other countries or may facilitate cross-border processing. Any such transfer is made only where there is a lawful basis, applicable legal requirements are observed and appropriate safeguards are implemented.

10.3. When selecting a provider, the Operator assesses the nature of the data, the 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 volume necessary for the stated feature and is not permitted for advertising, data sales 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 correct operation; functional technologies for remembering choices; analytics technologies for evaluating performance and use of features; and marketing technologies only where the required legal basis and consent exist.

11.2. Apple Health and Health Connect data, including heart rate, calories, workouts, steps and distance, is 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 through 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 a contract, mandatory accounting, tax and other record-keeping periods, protection of rights and dispute resolution.

12.2. Account data is retained while the account exists and thereafter to the extent and for the period required for compliance with law, completion of settlements, handling of requests and protection of rights.

12.3. Apple Health and Health Connect data is 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; discontinuation of the feature; or expiry of the retention period established by the Operator for the relevant statistics.

12.4. Following a verified request, active copies of Apple Health and Health Connect data are generally deleted within 30 calendar days, 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 within 90 calendar days.

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

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

13. DISCONNECTION, DATA DELETION AND ACCOUNT DELETION

13.1. The User may stop receipt of 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 necessarily delete data previously synchronised to the servers. To delete such data, the User may use the deletion feature 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 due to mandatory requirements, the applicable timeframes and the consequences for memberships, orders and access to services.

13.5. Account deletion terminates access to the account and results in deletion or anonymisation of data that is not subject to further lawful retention. Mere deactivation, logging out, removing the application from a device or freezing a membership does not in itself constitute account deletion.

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

14. SECURITY AND CONFIDENTIALITY

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

14.2. Access to Sports and Physiological Metrics is restricted by role and business need. Bulk exports, use in test environments without anonymisation and transfer to unapproved systems are prohibited by the Operator’s internal rules.

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

14.4. No method of storage or transmission can guarantee absolute security. The User must protect the device, password, telephone number and email address and promptly report suspicious activity.

14.5. In the event of an incident, the Operator takes measures to contain and investigate it, remedy its consequences and notify Users or authorised authorities in the cases and within the periods prescribed by law.

15. USER RIGHTS

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

• obtain information about whether, for what purposes, from which sources, by what means and for how long their data is processed;

• 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 communications;

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

• submit a complaint to the Operator and to the authorised public 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 send a written request to the registered address.

15.3. The Operator reviews requests within the periods prescribed by law and may request identity verification. If a request cannot be fulfilled in full, the User is informed of the grounds for refusal or restriction where such information may lawfully be provided.

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

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

16.5. If the Operator becomes aware that a minor’s data has been obtained without the required consent or legal basis, it shall take steps 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 only 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 customer 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 by such persons 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, the Operator takes reasonable steps to assess its reliability and data-protection terms.

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

19. AMENDMENTS TO THE POLICY

19.1. The Operator may amend this Policy. A new version is made available through the Service and on the Operator’s official digital resource, with the version date indicated.

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

19.3. Continued use of the basic features after publication of a new version constitutes acknowledgement of that version but does not replace separate consent for new optional processing.

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

20. CONTACT INFORMATION

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

21. FINAL PROVISIONS

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

21.2. This version takes effect from the date of 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 acknowledgement of this Policy. For optional or sensitive operations, the Operator obtains separate consent or a system permission in accordance with this Policy.