1. General Agreements
1.1 In these terms and conditions, the company Train.Red. will be referred to as “we/us”, and any person, organization or company purchasing goods and/or services from Train.Red. will be referred to as “customer”.
1.2 All the quotations and contracts, as well as their implementation thereof shall solely be subject to the following terms and conditions. Modifications or derivations hereof shall solely be agreed upon in writing.
1.3 Standard terms and conditions of purchase of the customer shall be ineffective, unless otherwise agreed upon by us in writing.
2.1 All our quotations are without commitment.
2.2 Supplying quotations and/or documentation does not commit us to accept an order.
2.3 All documentation, samples, software, etc. supplied with a quotation remains our intellectual property.
2.4 We reserve the right to refuse orders without stating a reason.
3. Sales contracts
3.1 A sales contract with us is only valid after we have confirmed the order in writing. The order confirmation is assumed to reflect the contract faithfully and completely, unless the customer has protested in writing against the confirmation within 5 working days after receipt.
3.2 After the closure of a sales contract, we reserve the right to demand an advance payment of the total order costs.
3.3 In case the customer decides to cancel the order and obtains confirmation from us, we are authorized to charge the customer with the expenses that have already been made during the implementation of the order. These charges shall not exceed 40% of the total order costs.
4.1 Our prices are excluding VAT, other government taxes and shipment costs.
4.2 We reserve the right to charge the customer with changes in supply cost.
5. Delivery and transport
5.1 The ordered goods are delivered to the customer by a shipping company. The moment of delivery is the moment when the ordered goods are handed over to the shipping company.
5.2 Our delivery dates are only indicative, unless specified otherwise in writing. We are, even in case of an agreed deadline, only in default after the customer has served notice upon us in writing.
5.3 In case of an accountable shortcoming with the result of an impossibility to deliver within the agreed date, we are authorized to confer with the customer on a mutually agreeable solution. In case no agreement can be reached, we reserve the right to cancel the order. The customer will have no right on further observance of the order, except for a reimbursement of material losses with a maximum of 10% of the original order costs, reduced with the costs of the goods that were already delivered.
6. Payment and ownership
6.1 Payment by the customer takes place without discount, appeal for compensation, or postponement, by transfer of the amount due to our bank account, within 21 days after the invoice date. In case of delay, we are authorized to charge the customer additional costs of 1% of the total amount due per month of delay. The transfer date mentioned on our bank statement will apply as the day of payment.
6.2 We are authorized to charge the customer with all our expenses, which may result from actions required in making the customer fulfill their obligations.
6.3 As long as the invoice is not paid in full, all delivered goods remain our property.
7. Intellectual property
7.1 All products, documentation, technical data, manuals, software, etc. made by us during the implementation of the order, remain our inalienable intellectual property. The customer is bound to use this information solely for their own, private use, and the customer shall not supply and/or sell the information to anyone.
8. Force majeure
8.1 In these terms and conditions, “force majeure” are understood to mean: every circumstance irrespective of the will of the contracting parties, and/or every unforeseen circumstance, as a result of which the implementation of the contract cannot be reasonably expected. “Force majeure” include: fire, natural disaster, riot and uprising, governmental action, strike, absence through illness, shipping and transport, supply of raw materials and components, and default of our subcontractors, with the result that we cannot meet our obligations towards the customer.
8.2 In case it is our judgment that the force majeure is of a temporary nature, we are authorized to postpone the implementation of the contract until the circumstance is resolved.
8.3 In case it is our judgment that the force majeure is of a permanent nature, we are authorized to cancel the contract. In this case, we are authorized to charge the customer with the expenses that have already been incurred during the implementation of the order, until the force majeure appeared.
9. Warranty and service
9.1 Considering the restrictions stated below, we provide 12 months of warranty on our products. On some components the warranty is limited or excluded. The components on which limited warranty applies will be explicitly stated in the respective quotation or sales contract. The warranty is limited to errors in design and workmanship, in relation to the specifications stated by us in the respective quotation and manual.
9.2 The warranty will not apply to defects resulting from normal wear and ageing, as well as defects caused by use of the products in a way that differs from the application directions given in the manual supplied with the equipment.
9.3 Any repair or modification not performed by us voids the warranty, unless we have approved the repair or modification in advance in writing.
9.4 If warranty service is indicated, the product should be returned to us. Warranty service will normally take place at the Train.Red office in Elst, during regular working hours. In case the customer prefers warranty-covered work to be performed on-site, we are authorized to charge the customer with the travel, personnel and accommodation expenses.
9.5 In case a product returned for warranty service shows no defects, we are authorized to charge the customer with our expenses.
9.6 Warranty and service availability periods start on the day of delivery as defined in 5.1.
10.1 We do not accept any liability, as far as not laid down in the Law.
10.2 We do not accept any liability when equipment turned out by us is used in a way that differs from the application directions given in the manual supplied with the equipment. In particular, our equipment is only authorized if this application is explicitly stated in the respective manual.
10.3 Train.Red. products are not authorized for use as critical components in life support systems. As used herein:
a) Life support systems are systems which (1) are intended for surgical implants into the body, or (2) supporting or sustaining life, and whose failure to perform when properly used in accordance with the instructions for use provided in the labeling can be reasonably expected to result in significant injury to anyone or (3) any other patient diagnostic purposes. b) A critical component is any component in a life support system whose failure can be reasonably expected to cause failure of the life support device or system, or to affect its safety or effectiveness.
11. Intended use
11.1 Our Train.Red equipment is not a toy. Some Train.Red products contains small components that could be a choking hazard, and are not intended for use by small children. Train.Red products are not intended for use by animals.
Our equipment is developed to track certain physiological parameters as accurately as possible but the the accuracy of our products and services is not intended to be equivalent to medical devices.
We do not accept any liability when our equipment is used for patient diagnostic purposes.
12.1 We reserve the right to cancel contracts with us fully or partially, or to postpone the implementation of the contract, in cases where there is an accountable shortcoming from the side of the customer, as well as when the customer has supplied inaccurate, or incomplete information, or when the customer has withheld circumstances of the kind that would have made us abandon the contract, should we have been properly informed.
13. Final clauses
13.1 Dutch Law shall apply to all our quotations, contracts and the implementation thereof.
13.2 All disputes arising between us and the customer shall be settled by the authorized civil judge in Arnhem, unless the cantonal judge is authorized.
Also, by using the www.train.red website, you (the visitor) agree to allow third parties to process your IP address, to determine your location for currency conversion purposes. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie that gets automatically removed when you close your browser). We do this for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor’s) local currency.
If you do not agree with these terms, please do not (i) use our websites, (ii) install and set up Train.Red mobile application on your mobile device, or (iii) provide us with your personal data.
Who is responsible for processing your personal data?
6662 PW Elst (GLD)
How do we collect personal data?
Directly from you. Information is collected directly from you, either in a way that you directly provide the information to us, or you are acting in a manner that provides us with the information, e.g.:
- Offline: We collect data from you offline, e.g. when you enroll in a product or service or provide information to us in writing.
- Online: We collect data from you online, e.g. when you sign up for a newsletter or a brochure, or enroll in a product or service.
We also collect data:
- Through your use of a mobile application. When you download and use our mobile application, and to the extent allowed by your privacy settings in the application, we track mobile application usage data, such as the date and time of the mobile application on your mobile
- Through your mobile device. Provided that you have enabled that function on your mobile device, we collect the physical location via GPS. This information is stored on your local device and not shared with our servers. In a case of an error in the mobile application, we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your mobile phone Internet Protocol (“IP”) address, Train.Red Sensor name, operating system version, the configuration of the mobile application when utilizing our service, the time and date of your use of the service, and other statistics.
What are the legal bases for the personal data processing we carry on?
We process your personal data on:
- Your consent(s): given by your clear affirmative action – installation of mobile application on your mobile device your separate consent expressed by ticking on a box when you set up mobile application your consent is given when you place an order to purchase our product(s) or service(s)your separate consent for direct marketing via the website, mobile application, or social networks (including when you subscribe to receive our mailing list)your separately given permissions via a mobile application for mobile application’s access to geolocation data of the mobile device your separately given permission to send mobile application notifications
- Our duty to comply with applicable laws (such as tax, financial accounting, etc.)
- Our legitimate interests (e.g. fraud prevention, information security, etc.)
When we process your data based on your consent, you may withdraw any time through the unsubscribe link at the bottom of our marketing emails.
What data do we collect and for what purpose?
The Train.Red sensor(s) and Train.Red mobile application are created to allow you to continuously measure muscle oxygen saturation under real-life conditions with great accuracy. We process and analyze your personal physiological data (NIRS derived parameters; muscle oxygen saturation, hemoglobin changes and muscle states) to provide you with personalized insights and stats and help you reach your goals.
Information on the different categories of personal data processed and purpose of the processing when using the Train.Red sensor(s) and Train.Red mobile application are specified below.
Upon installation and set-up of mobile application.
In order to function properly on your mobile device, Train.Red mobile application needs access to the following mobile device data: the operating system of the mobile device and the model of the mobile device. The legal ground for processing your data for this purpose is your explicit consent.
If you disagree with Train.Red mobile application getting access to this data, do not install and set up Train.Red mobile application on your mobile device.
Additional personal data.
When you pair the Train.Red sensor with your mobile device you can provide us with additional information, such as your gender, birthday, height, and weight. The legal ground for processing your data for this purpose is your explicit consent. If you choose to fill in this information, we store this data to improve your personalized training recommendations. This information is only stored on your local mobile device and not shared with Train.Red.
When you sync 3rd party systems to your Train.Red mobile application, we may collect other (physiological) data as well. Next to muscle oxygen (smo2%), oxy hemoglobin changes, de-oxy hemoglobin changes, hemoglobin differences (HbDiff) and total hemoglobin, and the integrated 9-axis acceleration data, we can collect, store and use the data from the 3rd party; e.g. heart rate data. The legal ground for processing this information for this purpose is your consent.
When you purchase a product or service from us.
When you buy products or services from us, we collect and process your name,(email) address, and phone number so we can get your order processed and shipped to you. The legal ground for processing your data for this purpose is the performance of a contract, (the order confirmation).
If you provide your consent to receiving marketing information from us, we may process your name, email address, your organization's name, phone number, and other relevant information that you voluntarily submit, for the purpose of sending you marketing information about our products and services. If you have consented, we may also process the data that you voluntarily submit so we can tailor and deliver to you personalized marketing information about our products and services. The legal ground for processing your data for marketing purposes is the explicit consent we receive after you confirm the email we send after you subscribe on our website.
When we process your data based on your consent, you may withdraw your consent at any time through the unsubscribe link at the bottom of our marketing emails.
We also process anonymized data to analyze usage and trends and develop or improve features and services. The legal basis for this processing is our legitimate interest in providing relevant and quality features and services.
Will your information be shared with anyone?
We do not sell your personal data to anyone. And we only share your personal data with others in specific situations.
We may use the services provided by third-party service providers (such as third-party data centers and servers for data storage, photo verification, administration services, audit, accounting, legal, debt collection services, online traffic and mobile application usage analysis, statistics, direct marketing services, mailers, messengers, consultancy, etc.) or co-operate with partners for the service provider that may require access to your personal data to the appropriate extent. In this case, we shall ensure that third parties comply with the obligations of confidentiality and adequate personal data protection.
Your personal data may be provided to competent authorities, if necessary, under applicable laws and/or based on our legitimate interests.
Transfer to a third country.
In certain circumstances, we may transfer personal data across geographical borders and store personal data in a country other than where you are based. If a recipient of personal data is located outside the EU, EEA a or a country that is considered to ensure an adequate level of protection by the European Commission, personal data will only be transferred under an agreement that satisfies EU data protection requirements for the transfer of personal data.
How you can share your data?
Your activity data belongs to you, and you control what you share and with whom you share it.
How long do we store your personal data?
Personal data collected for purposes related to the use of the mobile application shall be stored for as long as it is necessary for the purposes for which the personal data is collected, with below exceptions allowing to keep the data for longer when needed for:
- Compliance with a legal obligation that requires the processing of provided data
- Retention of information regarding suspected criminal activities
- The establishment, exercise, or defense of legal claims
We will retain your personal data as long as your mobile application account is considered to be active.
What rights do you have?
If you reside in EU or UK you have the following rights in connection with the processing of your personal data, subject to the conditions set out in the GDPR. If you reside outside of the EU and UK, but you believe you have a right to exercise these or any other rights under your applicable data protection laws, please contact us at firstname.lastname@example.org.
The right to be informed.
The right to access.
You have the right to access your personal data, i.e. obtain a confirmation that you are processing their personal data, a copy of your personal data, and other supplementary information, such as the purpose of data processing, categories of personal data concerned, etc.
The right to correction.
You have the right to request correction or changes of your personal data if it is found to be inaccurate or out of date.
The right to be “forgotten”.
You have the right to request us to delete your data when it is no longer necessary for us to retain such data. Note, however, that the deletion of your data will likely impact your ability to use our services.
The right to restrict processing.
You have the right to restrict the processing of personal data in certain circumstances, for e.g. if the data has been unlawfully processed.
The right to data portability.
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit the data to another controller or to have the data transmitted directly from one controller to another.
The right to object to data processing.
We will no longer process the personal data unless we can demonstrate compelling legitimate grounds warranting protection for the processing which override your interests, rights and freedoms or which serve to establish, exercise or defend against legal claims.
The right to withdraw your consent.
f you have given consent to data processing, you have the right to withdraw this consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing of personal data based on the consent granted prior to the withdrawal.
The right to lodge a complaint with a supervisory authority.
You may also have the right to lodge a GDPR complaint with a competent data protection supervisory authority. A list of supervisory authorities is available here:
Please note that deleting Train.Red mobile application will not automatically constitute an erasure of your data or withdrawal of your consent to process your data.
How you can exercise your personal data rights?
Unless otherwise indicated in the various processing steps, you can exercise your rights by contacting email@example.com.
Children’s privacy protection
Train.Red mobile application allows parents or legal guardians to set up accounts for their children under 13 or any higher minimum age in your jurisdiction to use with select Train.Red sensor. We process your child’s personal data on the basis of your consent as a parent, or a legal guardian.
We have implemented appropriate organizational, technical, and administrative measures to keep as required by applicable data protection laws and regulations to maintain the security of personal data collected by us (i.e. protect data against unauthorized or unlawful processing and the accidental loss, destruction or damage of the personal data).
Websites. You may, at any time, prevent the setting of cookies through our websites by means of a corresponding setting of the internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all internet browsers. Please note that if you deactivate the setting of cookies in the internet browser used, not all functions of our websites may be entirely usable.
On our websites, we have integrated the component of Google Analytics (with the IP anonymizer function). Google Analytics is a web analytics service. Web analytics are mainly used for the optimization of a Website and in order to carry out a cost-benefit analysis of internet advertising. Find out more information about how this analytics information may be used, how to control the use of your information, and how to opt-out of having your data used by Google Analytics here.