This Privacy Policy was last changed 11th August 2022.

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:

The énergie group operates the following brands:

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:

Please note, if you have any  complaints relating to your membership please direct all queries to [email protected] where you will be put into contact with your local club manager.

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:

 

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:

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:

 

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:

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:

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 [email protected] 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:

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:

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 [email protected] 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:

If you have any queries relating to your membership or wish to make a complaint about your local énergie Fitness club, please contact us here:

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.

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