ENERGIE FITNESS Privacy Policy

This Privacy Policy was last changed 27 January 2021.

1. WHO WE ARE

The énergie group companies value the trust you place in us and the protection of your privacy rights in respect of any personal data we process about you.  Please carefully read this notice to understand how we use and share your personal data and the measures we take to protect it.

The following énergie group entities act as data controller in relation to your personal data:

  • énergie Fitness (Franchising) UK Limited (Company Number: 12659023);  Registered office address: énergie Group, 1 Pitfield, Kiln Farm, Milton Keynes, England, MK11 3LW) – in respect of the operation of our website and UK memberships;
  • énergie International Licensing Limited (Company Number: 07930690; Registered office address: énergie Group, 1 Pitfield, Kiln Farm, Milton Keynes, England, MK11 3LW) - in respect of Irish memberships; and
  • énergie Global Franchising Limited (Company Number: 12659057; Registered office address: énergie Group, 1 Pitfield, Kiln Farm, Milton Keynes, England, MK11 3LW) – in respect of management level processing such as wider management forecasting and financial planning/modelling.

The énergie group operates the following brands:

  • énergie Fitness
  • énergie Fitness Clubs
  • Fit4Less

Our health and fitness clubs (including your Home Club) are operated and independently owned by our franchisees who will also act as data controllers in respect of their processing of your personal data.

We act as joint controllers with our franchisees operating our health and fitness clubs when processing member personal data for the purposes of:

  • managing and administering your membership of our health and fitness clubs, including to provide you with access to our clubs, managing your attendance at classes, dealing with any complaints, questions or issues you raise with your membership;
  • offering and providing day passes;  
  • provide the émpower Programme to members;
  • arranging payment for your membership;
  • direct marketing in relation to our health and fitness clubs;
  • operating the énergie Fitness app (including registering a MyZone device through the énergie Fitness app or at one of our health and fitness clubs);
  • to enable your MyZone device to interact and operate with equipment at our health and fitness clubs;
  • provide the Bodytrax and Preva integrations as part of your membership

énergie are responsible for providing you with information relating to this processing (as set out in this Privacy Policy) and responding to any requests to exercise rights under applicable data protection law (please see Your rights section below for further details).

For some limited activities in connection with your membership – such as managing incidents that occur at one of our clubs or contacting an emergency contact in the event of an emergency - then énergie group and the franchisees operating the clubs act as independent data controllers.  If you require any information about how the club uses your personal data for these purposes you should contact the club directly.

Member personal data is held in a centralised system operated by énergie. This enables énergie Group members and franchisees to access member personal data as required to operate our business and provide services including membership to our health and fitness clubs (please see Information We Share section below for further details).

Unless otherwise stated, references in this Privacy Policy to we, us and our, are references to both: (a) the relevant énergie entities responsible for the processing of your personal data (as set out above); and (b) our franchisees who will process your personal data if you are a member (this would be your Home Club) of, or visit, the health and fitness club operated by that franchisee.

This Privacy Policy sets out how the relevant énergie entities and the franchisees, as data controllers, collect and use your personal data, why we use it, when we share it, the rights to which you may be entitled and your choices about our use of your personal data.

This Privacy Policy covers our use of your personal data when: (i) you use our website or app; (ii) register an interest with us in becoming a member of our health and fitness clubs: (iii) you become a member of one of our health and fitness clubs; (iv) register a MyZone device through the énergie Fitness app or at one of our health and fitness clubs; and (v) when you get in touch with us including via our website contact form, by email or by phone. This Privacy Policy also applies if you register an interest in becoming a franchisee.

Please see:

  • Your member terms and conditions for information in relation to the contractual relationship between you and the franchisee that operates your home health and fitness club. Our franchisees have a license to operate health and fitness clubs utilising the énergie logo and branding. However, your contractual relationship is with the relevant franchisee in respect of your membership of Énergie health and fitness clubs;
  • Our CCTV Policy for specific information related to our franchisees collection and use of CCTV footage at our health and fitness clubs; and
  • Our Cookie Policy for information relating to our use of cookies and similar technologies on this website.

2. HOW WE COLLECT AND USE YOUR PERSONAL DATA

Data Collection and Usage

We will collect and use your personal data when you sign up as a member of one of our health and fitness clubs, when you register an interest in becoming a member, when you register an interest in becoming a franchisee, when you visit or use this website (references to website include energiegroup.com, effw.co.uk, energiefitness.com, energiefitnessclubs.com, f4l.com), use the énergie Fitness app, register a MyZone device through the énergie Fitness app or at one of our health and fitness clubs and when you contact us by post, telephone, social media, email or otherwise, when you complete a contact form on this website and from cookies and similar technologies as described in the Cookie Policy.

The énergie Group will also be provided with your personal data by our franchisees when you become a member of one of our health and fitness clubs directly with our franchisees or otherwise provide your personal data to one of our franchisees.

The table below sets out how we collect your personal data, the types of personal data and how this personal data is used.

 

What personal data we collect
 How we use your personal data
1

Personal data that you provide to us when signing up as a member of one of our health and fitness clubs or book a visit, whether online or over the phone or directly with one of our franchisees, includes:

  • Your contact details including name, address, email address, mobile and on occasion, home phone number;
  • Emergency contact details (name and phone number for your emergency contact);
  • Date of birth;
  • Gender;
  • Home Club;
  • The dates and times you visit our health and fitness clubs;
  • Any classes you book into and whether you attended those classes or not; and
  • Your levels of engagement with the club i.e. how many times you visit our health and fitness clubs.

Both énergie Group and our franchisees use this information to:

  • Provide you with, and administer, your membership with us;
  • Manage and administer our services;
  • ·Send you information and updates periodically including updates relating to our Health and Fitness Clubs, keeping in touch to help you achieve your fitness goals, newsletters, information about our products and services, invitations to events and promotions where you have consented to receiving this information;
  • Onboard you as a member and provide you with your membership information;
  • ·Contact your emergency contact in the event of an emergency;
  • Survey you for your views on the quality of the services and facilities we supply to you as well as your impression of the quality of service you receive from our staff;
  • Meet our contractual commitments to you, for example to notify you of any price changes to a membership which you may sign up for or to inform you of a temporary or permanent change to opening hours or any other factor which may affect your enjoyment of the facilities at one of our health and fitness clubs of which you may become a member;
  • Notify you about any changes to our website or app, such as improvements or service changes, that may affect our service; and
  • Provide you with information in relation to our refer a friend scheme and operate our refer a friend scheme.

In addition, our franchisees use this information to:

  • Provide operational updates in relation to the health and fitness club (such as closures); and
  • update you on local initiatives specific to your home club where you have consented to receiving this information;
  • contact you regarding any arrears on your membership account;
  • provide membership of our health and fitness clubs including access to classes and facilities; and
  • Allow members to track their activity levels for motivational purposes.

énergie Group use this information to:

  • Enable and manage your access to our member area/your member account through our website/app;
  • Take payment from you or arrange for regular payments to be taken or give you a refund; and
  • Help us ensure that our customers are genuine and to prevent fraud; and
  • track points accrued by members based on club usage in order to provide discount codes to members; and
  • manage and develop our club offerings and services.
2

If members purchase a MyZone wearable tracker and purchase this device from us or one of our franchisees or registers the device at one of our health and fitness clubs we will receive the personal data set out below:

  • that you are a Myzone belt user connected to our health and fitness club;

We will only receive this information where you have given your consent through our énergie fitness app to our receipt of this information.

Both énergie Group and our franchisees will use the personal data provided by the MyZone device in order to:

  • enable your MyZone device to interact and operate with equipment at our health and fitness clubs.

For further details on how MyZone processes your personal data please see the MyZone Privacy notice https://www.myzone.org/privacy

3

Personal data you provide if you register an interest in joining up to one of our health and fitness clubs:

  • Name; and
  • Contact details including email address and phone number.

Both énergie Group and our franchisees will use this personal data in order to:

  • Respond to any queries or requests you have made when registering your interest;
  • Invite you to visit one of our health and fitness clubs so that you can find out more about the facilities and membership options which are available; and
  • Encourage you to become a member of one of our health and fitness clubs if you consent to direct marketing.
4

Information when you communicate with us whether through our website (including the contact us form), by email, by phone, by social media or by any other means including:

  • Your contact details (name, email address, address, phone number and social media handle or user name);
  • The details of your communications with us; and
  • The details of our messages to you.

Both énergie Group and our franchisees use this personal data in order to:

  • Respond to requests for information about our services;
  • Answer any questions, issues or concerns;
  • Monitor communications for quality and training purposes;
  • Develop new services; and
  • Improve our services.
5

Personal data that we collect through your use of our website or app including:

·       Device information such as operating system, unique device identifiers, the mobile network system;

  • traffic data;
  • weblog statistics;
  • Hardware and browser settings;
  • Page requests;
  • The requests you make;
  • The pages you visit and search engine terms you use; and
  • IP address.

For further information on our use of cookies and similar technologies see our Cookie Policy.

 

Both énergie Group and our franchisees use this personal data in order to:

·       analyse use of the website such as pages visited and number of visitors.

énergie Group use this personal data in order to:

  • Operate our website;
  • Tailor our communications to you and improve our website, products and services;
  • Provide and adapt our website to the technical capabilities of user devices;
  • Personalise our website;
  • Identify issues with the website and the user's experience of it; and;
  • Monitor and analyse the way our website is used.
6

 Information about the way you use our clubs including:

  • When you enter and leave our clubs using our key fob or your fingerprint or through facial recognition technology;
  • Class attendance;
  • Venue Visit bookings;
  • The things that we've provided or you've purchased;
  • When and where you've made the purchases; and
  • What you paid and how.

Both énergie Group and our franchisees use this personal data:

  • For health and safety purposes;
  • For members with multiple club access to monitor usage of clubs to determine if Home Club should be updated to secondary club;
  • To provide membership of our health and fitness clubs including access to classes and facilities;
  • To develop new services;
  • To improve our services;
  • To identify products and marketing that may be of interest to you; and
  • To personalise our service of things you're interested in and how you use our services.
  • énergie Group will use this personal data for:
  • Statistical analysis and research.
7

CCTV footage collected in or around our health and fitness clubs.

 CCTV footage is used by our franchisees.

Please see our CCTV Policy for further information.

8

Personal data you provide when registering an interest in becoming a franchisee including:

  • Name;
  • Contact details (including email address and phone number);
  • Employer

 

énergie Group will use this personal data to:

  • Invite you to attend marketing events such as our Discovery Days;
  • Respond to queries and other requests;
  • Assessing suitability to become a franchisee; and
  • Contract negotiation.

3. SPECIAL CATEGORY PERSONAL DATA

Certain types of personal data are more sensitive than others. This special category personal data about you includes information about health, disability, race, ethnicity, criminal offences (or alleged offences), political opinions, biometrics or religion.

We may collect and receive special category personal data about you. We have identified below the types of special category personal data we may collect or receive, how we will use it and why we will use it.

 

What personal data we collect

How we use your personal data

1

We collect the following data as part of the Empower Programme:

  • Details of recent exercise, and health and fitness;
  • Fitness and health goals
  • Injuries and medical conditions;
  • Physical benchmarks including resting heart rate, blood pressure, height, weight, waist measurement, hips, thighs, arms;
  • Elite testing including chest, 12 minute treadmill, beep test, bench press, squat, percentage of body fat; and
  • General wellbeing.

 

énergie Group and Franchisees will use this personal data in order to provide the Empower Programme to members.

We will only process this personal data in connection with the Empower Programme with your explicit consent.

 

 

2

We may collect health data if you suffer an accident or other medical emergency at one of our health and fitness clubs.

énergie Group and franchisees will collect this health data as required for health and safety purposes and to ensure our health and fitness clubs meet required health and safety standards.

énergie Group will use this personal data to enable us to analyse the number and type of accidents and injuries at our health and fitness clubs and for incident reporting.

Franchisees may provide this health data to your emergency contact. Please see section Emergency contact below for more details.

3

If members join a Home Club which contains fingerprint recognition or facial recognition technology for the purposes of entering the relevant Club then we will process the fingerprint or facial image.

 

Our franchisees will use the personal data provided in order to:

  • Allow you entrance to the relevant Home Club
  • We will only process this personal data with your explicit consent.

 

Please note that personal trainers at our health and fitness clubs may also collect your personal data including health information. Personal trainers that are employed by our health and fitness clubs collect your personal data on behalf of the relevant franchisee operating the health and fitness club. Personal trainers that are not employed by our health and fitness clubs (e.g. where acting as independent contractors) operate as separate data controllers in respect of personal data they collect when providing services to you. Please speak to your personal trainer for details of their processing of your personal data and privacy notice.

4. WHY WE USE PERSONAL DATA

We rely on the following lawful bases under data protection law for our use of your personal data:

  • Consent: you have given your consent to the processing (for example if you consent to receiving direct marketing from us) and your explicit consent (for example the collection of your health information as part of our Empower Programme);
  • Performance of a contract: it is necessary for the performance of and compliance with your contract with us or in order to take steps prior to entering into that contract (for example as required to provide you with membership to one of our health and fitness clubs);
  • Protection of vital interests: we need to process your personal data to protect your vital interests or those of a third party (for example, to contact an emergency contact in the event of an emergency or medical issue of a member at one of our health and fitness clubs); or
  • Legal or Regulatory Obligation: we need to process your personal data in order to comply with a legal or regulatory obligation; or
  • Legitimate Interests: it is necessary for our legitimate interests (or those of a third party). Please see section "When do we have legitimate interests?" below for more information.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5. WHEN DO WE HAVE LEGITIMATE INTERESTS?

We use your personal data where this is necessary for our legitimate interests (or those of a third party). This includes where use of your personal data is necessary to:

  • Ensure effective administration and management of our website;
  • Administer our operations and business in an efficient and effective way;
  • Manage our health and fitness clubs and franchisees;
  • Provide and administer accounts on our website and app for members of our health and fitness clubs;
  • Understand how individuals use our website;
  • Understand and respond to queries, complaints and feedback;
  • Research and analyse the services our members want;
  • Understand how you use our health and fitness clubs;
  • Improve and develop our services including our health and fitness clubs;
  • Maintain a public profile;
  • Conduct market research;
  • Transfer personal data in relation to an actual or proposed sale, transfer or re-organisation of all or part of our business and the acquisition of the business;
  • Ensure network and information security;
  • Ensure the security of our or another’s premises or property; and
  • Enforce our legal rights and manage any dispute and legal claims and take legal or other professional advice.

 

6. EMERGENCY CONTACT

If you sign up to become a member and provide an emergency contact name and contact information, we will store this information and our franchisees will use the emergency contact details to contact your emergency contact in the event of an emergency or other medical issue whilst you are at one of our health and fitness clubs. This may include providing detail of your health or medical conditions to your emergency contact. As noted above, we process this personal data in order to protect your vital interests and as required by law (including health and safety requirements).

Please ensure that you have brought this Privacy Policy to the attention of your emergency contact and the fact that you have provided their information to us and that we hold it as described here.

7. HOW LONG WE RETAIN YOUR PERSONAL DATA

We have set out how long we will typically keep certain types of personal data below:

 

Minimum Months Retained in an Identifiable State

Record of Communications with you

12

Bookings for Online Classes

18

Visits for any reason

60

Attended group ex in club

72

Attended 1:1 fitness appointment

72

All personal data associated with your Membership Agreement including your Contact details, Emergency Contact details, Home Club, Birth Date,  Purchases, and Accident and Injury information

60

Any financial transaction between us

84

 

8. LEGAL REQUIREMENTS

Your personal data may be processed if it is necessary on reasonable request by a law enforcement or regulatory authority, body or agency or in the defence of a legal claim.  We will not delete personal data if relevant to an investigation or a dispute.  It will continue to be stored until those issues are fully resolved.

9. INFORMATION WE SHARE

Your personal data will be processed by our employees and contractors.

There are also certain circumstances where we will transfer your personal data to third parties. These include:

  • Group companies - so we can provide the best service across our group. We also share your personal data within our group for management forecasting and financial planning purposes – although this would generally be aggregated data where no individual is identifiable.
  • Franchisees – énergie Group will shall your personal data with our franchisees. Our franchisees operate our health and fitness clubs. We will share your personal data with our franchisees so that franchisees can provide you with membership of the relevant health and fitness club, provide you with access to the Empower Programme, enable MyZone device functionality to be used at our health and fitness clubs, contact your emergency contact in the event of an emergency, send you direct marketing (where you have consented to this) and operational messages regarding the health and fitness club (such as opening times and closures). Further details of how our franchisees process your personal data is set out in the How we collect and use your personal data section above.
  • énergie Group – Our franchisees will share your personal data with énergie Group. énergie Group uses your personal data for purposes including managing and administering your membership of our health and fitness clubs, including to provide you with access to our clubs, managing your attendance at classes, dealing with any complaints or issues you raise with your membership and offer day passes, arranging payment for your membership, direct marketing in relation to our health and fitness clubs and operating the énergie Fitness app (including registering a MyZone device through the énergie Fitness app or at one of our health and fitness clubs). Further details of how énergie Group process your personal data is set out in the How we collect and use your personal data section above.
  • Harlands Services Limited –énergie Group use a company called Harlands Services Limited to make direct debit collections on our behalf for members of our clubs in the UK. énergie Group share with Harlands all of the information which is necessary to make these collections and in order for them to be able to meet their obligations under the Direct Debit Guarantee Scheme.
  • Other service providers – Third parties may process your personal data on our instructions. These include IT suppliers (including website, software and app providers), cloud hosting providers, credit reference agencies, debt agencies, health and safety advisors, professional advisors, marketing agencies, database providers, backup and disaster recovery specialists and email providers.

Our suppliers and service providers will be required to meet appropriate standards on processing information and security when processing your personal data.  The information we provide them, including your information, will only be processed in connection with the performance of their function. They will not be permitted to use your information for any purposes other than those outlined in this Privacy Policy.

Your personal data may be transferred to other third party organisations in certain scenarios, such as:

  • If we're discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
  • If we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you;
  • If we're required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police e.g. in order to assist fraud protection and minimise credit risk; or
  • If we are defending a legal claim your information may be transferred as required in connection with defending such claim.

Your personal data may be shared if it is made anonymous and aggregated, as in such circumstances the information will cease to be personal data. For example, please be advised that we do not reveal information about identifiable individuals to our own marketing agencies but we may, on occasion, provide them with aggregate statistical information about our visitors and members such as your area of residence or age group.

10. WHERE YOUR INFORMATION WILL BE HELD

We store your personal data in the UK and European Economic Area including Holland.

We may transfer your personal data to locations outside of the UK and European Economic area. However, to ensure your personal data is protected in accordance with EU and UK data protection law we will only transfer data outside the UK and European Economic Area where appropriate safeguards as required by applicable data protection law are in place. This includes where a jurisdiction has been deemed adequate by the EU Commission or, where there is no adequacy decision, by putting in place Standard Contractual Clauses.

Please contact us at Eve@energiecentral.com if you would like further information on the specific safeguards used by us when transferring your personal data.

11. SECURITY

The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our website, you are responsible for keeping this password confidential.

12. YOUR RIGHTS

You have a number of rights in relation to our handling of your personal data. These rights are not applicable in all circumstances and exemptions may apply. Your rights may include the following:

  • Access: you are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data (commonly known as a data subject access request).  This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 
  • Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected.
  • Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances.  There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
  • Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy.
  • Transfer: you may request the transfer of certain of your personal data to another party in some circumstances. 
  • Objection: where we are processing your personal data based on a legitimate interest (or those of a third party) you may object to processing on this ground.  However we may be entitled to continue processing your information based on our legitimate interests.
  • Withdraw consent: where you have provided your consent to the collection and processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. 

You also have a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of Data Protection law has taken place.  In the UK you can make a complaint to the Information Commissioner's Office (Tel: 0303 123 1113 or at www.ico.org.uk). 

 

13. DIRECT MARKETING

énergie Group may send you direct marketing by:

  • email, text message or push notification (through our énergie fitness app) if you have given your consent:
  • to marketing relating to énergie Group products and services. This includes our newsletters, follow-ups after a day visit or tour at one of our health and fitness clubs, information relating to membership and upgrades to existing membership; and
  • to marketing relating to third party products or services that may be of interest; and
  • phone or post. If you do not wish to receive direct marketing by phone or post you can opt-out at any time.

Our franchisees may also contact your directly (where you are a member of the relevant health and fitness club) in relation to specific promotions or marketing for their health and fitness club. Our franchisees will only send you direct marketing by email or text message where you have given your consent. Our franchisees may also contact you by phone or post – you can opt-out of receiving these communications at any time.

If you do not want us or our franchisees to use your personal data for the purposes of direct marketing you can withdraw your consent at any time by contacting info@energiecentral.com for direct marketing by énergie Group or our franchisees or by updating your preferences in the Member Area.

Please note that if you choose not to consent to direct marketing or withdraw your consent to direct marketing we will still communicate with you in relation to your club membership and other service related messages. For example, messages relating to club closures or confirmation of appointments or classes at our health and fitness clubs.


14. HOW TO CONTACT US

If you want to exercise any of these rights or if you have any questions about this Privacy Policy, please contact us:

  • By email at Eve@energiecentral.com; or
  • By post at: énergie Central, 1 Pitfield, Kiln Farm, Milton Keynes, Buckinghamshire, MK11 3LW.

 

15. THIRD PARTY LINKS

You might find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

 

16. CHANGES TO THE POLICY

This Privacy Policy may change from time to time and is available on our website. You can tell when this Privacy Policy was last updated by looking at the date at the top of the Privacy Policy. If we make changes to this Privacy Policy, we will post the updated version on our website.

If we make a change that significantly affects your rights or, to the extent we are permitted to do so, significantly changes how or why we use personal data, we will notify you by way of a prominent notice on our website or, if we have your email address, by email.


Any changes to this Privacy Policy will become effective upon posting. We encourage you to review this website from time to time for the latest information.