Privacy and legal information
 

Privacy Policy

Dear User,
these rules and guidelines together with the terms and conditions of use http://www.mywellness.com/wellnessportal/mifit/CustomNavigation_TermsConditions/tabid/3140/Default.aspx?cid=-1 set out the basis for the way personal data will be processed and collected from you (either by direct insertion and upload from your mywellness key or through the synchronization of the database of the fitness centres you may attend) within the scope of delivering the services provided through the www.mywellness.com site, which is aimed at organising and processing data relating to your physical activity and also (if applicable) your attendance at fitness centres (the "Service").
Please read the following carefully to understand the practices regarding your personal data and how it will be treated.

The internet website www.mywellness.com (the "Website") is operated and managed by Technogym S.p.A, which is a company incorporated and located in Italy at the address via G. Perticari n. 20, 47035 Gambettola (FC) (the "Manager").

The Manager will collect and control the data (including personal date) that you upload onto the Website for the purposes of archiving, organising and processing data, including your personal data, in a database accessible via the Internet through the Website (the "Database"). Where you have also provided consent to your fitness club (the "Club") to process your data, the Manager is also providing web-hosting services of the Club's database on behalf of your Club.

Therefore, your data will be processed in accordance with one of the following three scenarios:

  1. If you also give consent to your Club (i.e. as well as the Manager), the Club and the Manager will each control the purposes for which your data may be processed in accordance with these rules and guidelines. Therefore, the Club and the Manager are each data controllers (in common and not jointly) for the purposes of data protection laws, including under the Data Protection Act 1998 (the "Act") in the UK and the Legislative Decree no. 196 of 30th June, 2003 in Italy (the "Privacy Code"). As the Manager operates and hosts the Website and the Database in Italy, the information and data concerning you will be processed by the Manager in accordance with the Italian regulations received from European Parliament and Council directives 95/46/CE and 2002/58/EC, i.e. based on the "Privacy Code". The Club will process your data in accordance with the Act.
  2. If you have given your consent to only the Manager to process your data, the Manager shall provide all services relating to archiving, organising and processing of your data, including your personal data, in the Database. In these circumstances, only the Manager shall control the purposes for which your data may be processed in accordance with these rules and guidelines and therefore the Manager is the sole data controller for the purposes of the Privacy Code.
  3. If you have previously already used the Website and have given your consent to your Club only to process your data, you will have been asked when accessing the Website to provide your consent and accept the amended terms and conditions of use of the Website and the guidelines.

For the purposes of this privacy policy, "we" or "us" refers to the Club and/or the Manager, whichever is applicable according to the relevant scenario above.

  1. Minors

    Users under the age of 18 ("Minors") are not eligible to use Website and must not attempt to register with and/or submit any personal information to us unless verifiable parental consent is obtained ("Parental Consent"). A Minor may enter his/her parent(s)' email address in the required field during their registration and an automatic email will be sent to the parent(s) requesting their approval.  Only when this Parental Consent is obtained will the Minor have validly registered with us.
    We do not knowingly collect personal information from any person who is under the age of 18 or allow them to register without the Parental Consent.  If it comes to our attention that we have collected personal data from a person under the age of 18 without the Parental Consent, we will delete this information as quickly as possible.

  2. Information we may collect from you.

    In order to deliver the Service, we will use data (including personal data) concerning you. This is information that:

    • you yourself give to us orally, in written form, electronically by direct insertion of data by yourself;
    • is collected directly from the Technogym® equipment or other sources used by you at the Club (including the Technogym® Wellness System);
    • is collected directly from you via the use of your mywellness key and uploading of such data to the Website;

    Such data may be provided to us directly by you and may be entered by you or persons authorised by you at the Club or may be collected electronically through the use of the mywellness key and some software programs installed at the Club and on the Technogym® machines, specifically the Wellness System.

  3. IP Addresses and Cookies.

    We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

    For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:

    • mainly to recognise you when you return to the Website;
    • to estimate our audience size and usage pattern;
    • to store information about your preferences, and so allow us to customise our site according to your individual interests;
    • to speed up your searches.

    You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website.

  4. Where we store your personal data

    By submitting your personal data, you agree to the transfer of your personal data to the Manager and the controlling, storing and processing of your personal data by the Manager in Italy. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All data you provide is stored on the Manager's secure servers.

    Where you have been given a password which enables you to access certain parts of the Website, you need to keep this password confidential. You are not allowed to share your password with anyone.

    Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.

  5. Purpose and method of the processing to which the data are assigned.

    The personal data you give us that will be used by the Manager for supplying the Service will be reported to and used by the Manager's and/or the Club's (where applicable) employees and/or workers and/or freelance workers, as well as by the Manager's branches abroad and by the company Mywellness S.p.A. located in Italy, Gambettola (FC), via G. Perticari n. 20, for the sole purpose of carrying out the Service (including hosting and maintenance activities relating thereto). Any transfer of your data to a country that is not a member of the European Economic Area will only be made upon your express approval.

    The personal data you give us will be used by the Manager and the Club (where applicable) to put into effect your subscription with the Manager for the provision of the Service and to comply with the resulting legal obligations.

    The Manager and/or the Club (where you have consented to) may also use your personal data for other purposes, including:

    1. direct marketing activities, including through the dispatch of newsletters, e-mails, type messages Mms or Sms or some other type;
    2. information activity aimed at keeping users updated on news, promotions, competitions and other initiatives in general;
    3. market research studies or other useful research work for improving the Manager's products and/or the Manager's or Club's services.

    Your data will be processed electronically, and will in any event always be protected by suitable and constantly updated security systems and kept in a secure and controlled environment.

    Where you decide to publish any of your data in the community area of the Website (through selection of the option "public data" within your own profile), you are thereby agreeing and giving your consent that such data may be publicised and made freely available in the community itself, which comprises all data subjects that have joined or who may join it in the future.

  6. Optional nature of providing data.

    Providing data is always optional, although any refusal on your part to provide data may make it impossible for us to carry out your request for receiving the Service or to adequately review the information you have provided.

  7. Termination of your Club's agreement with the Manager.

    If you have given your consent for the Club to process your data, and your Club's subscription to the Service (for whatever reason) comes to an end, your data will continue to be processed by the Manager only in accordance with these guidelines.

  8. Length of the processing.

    The data you give us or that is automatically collected by means of the mywellness key and/or Technogym® equipment you have used during your attendance at the Club will be kept throughout your subscription to the Service.
    Your personal data will also be used for a period of 24 months following expiry of your subscription to the Service for the purposes stated in section 4 above.

  9. Your Rights.

    You have the right to ask the Manager and/or the Club not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking or unchecking certain boxes on the forms we use to collect your data. You can also exercise the rights at any time by contacting us at: legal[at]mywellness.com.

    You have the right to access information held about you. Your right of access can be exercised in accordance with the Act and/or the Privacy Code. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

    Your rights also entitle you (on written application) to:

    1. obtain the statement of the origin of your personal data, the purposes and methods of processing, the logic applied for any electronic processing, the details of the processor, the subjects or categories of subjects to whom the personal data may be given or who may be informed of the data;
    2. update, correct or add to your data;
    3. cancel, make anonymous or block any of your data that is processed in breach of applicable laws, including data that need not be kept in relation to purposes for which your data was collected or subsequently processed;
    4. ask for details of how your data has been processed, including regarding its content, those to whom your data has been given or reported (except in cases where the fulfilment of such request is found to be impossible or involves the use of means clearly disproportionate in respect to the right protected);
    5. contest, for legitimate reasons, the processing of personal data concerning you, even if they are relevant to the purpose of the collection, or to the processing of personal data concerning you in order to send advertising or direct sales material or for carrying out market research studies or sending commercial notices.
  10. Links to other websites.

    The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  11. Changes to the Privacy Policy.

    Any changes we may make to this privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

  12. Contact.

    Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: legal[at]mywellness.com. You may consult the list of the internal Privacy Managers appointed by Technogym in the relevant section of the website at www.technogym.com.