Privacy

Privacy Policy

Dear User,

This is the privacy policy for Technogym S.p.A, which is incorporated and located in Italy at the operating address via Calcinaro n. 2861, 47522 Cesena (FC) ("Technogym", the "Manager" or "we"). Together with the terms and conditions for use of the Technogym Service and website ("Service"), this policy sets out the basis for the way we collect, use and share your personal data. Please read the following carefully. By using the Service you agree to the terms described below. If you do not agree, then you may not use the Service.

  1. The data we collect.

    We collect data about you to help us provide the Service and for other purposes as described below. This includes your name, mailing address, phone number, email address, contact preferences or other information that permits us to contact you and provide the Service.

  2. How we collect data.

    The Service includes the collection, organization and processing of data relating to workout and movement in general in a database accessible via the Internet (the "Database"). This data is linked to the personal information you provide when you sign up for the Service and that we collect from you when you use and interact with the Service. Such data may be collected in a variety of ways depending on how you set up your account and use the Service. For example, we may collect data: (a) when you register to the Service; (b) automatically through your use of the Service if you have configured your preferences to do so, (c) through electronic upload from your Mywellness®key (the Technogym® portable device which collects, stores and processes data relating to the movement of the person who have it on), and (d) through automatic synchronization of the Database with the local database of the professional (the "Wellness Operator") you have authorized to access and process your data in the Database . It is further possible that your data may be collected through your use of smart phones or similar devices that you have configured to connect to the web for such purpose, or through your use of Technogym® machines that you have authorized to do so via equipped web connections.

  3. Who controls your data.

    The Service and the Database, including the internet website www.mywellness.com (the "Website"), are operated and managed by Technogym. Where you have also provided consent to a certain Wellness Operator to process your data, the Manager permits the Wellness Operator to access and use your data. But, while the Wellness Operator has agreed to comply with the terms of this policy, its use of your data is subject to its own privacy policy and you should review those terms carefully before giving your consent. In any case, the Manager provides the Wellness Operator with the access you have authorized and is not responsible for the Wellness Operator's acts or omissions or its compliance with this policy, your instructions, or its own privacy policy..

    If you have authorized both the Manager and the Wellness Operator to process your data, we will each control the purposes for which your data may be processed in the Database. In this event, the Manager and the Wellness Operator are each data controllers (in common and not jointly) for the purposes of data protection laws, including under 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" and, where applicable, the laws governing the collection and use of personal data in the jurisdiction in which you live. The Wellness Operator has committed to process your data in accordance with the Master Subscription Agreement and its own privacy policy, which you should review before giving your permission to allow the Wellness Operator to process your data.

    If you have not given your consent to allow the Wellness Operator to process your data, only the Manager shall control the purposes for which your data may be processed in accordance with these rules and guidelines. In that case, the Manager is the sole data controller for the purposes of the Privacy Code.

  4. Minors.

    Users under the age of 18 ("Minors") are not eligible to use Service and must not attempt to register with and/or submit any personal information to the Service 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.

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

    All personal data collected from you will be used for providing the Service to you and for complying with any applicable laws in relation to the provision of the Service. For example, we may use the information to:

    • Deliver the products and services that you have requested;
    • Manage your account and provide you with customer support;
    • Perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
    • Communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
    • Develop and display third-party content and advertising tailored to your interests on the Site and other sites;
    • Verify your eligibility and deliver prizes in connection with contests and sweepstakes;
    • Enforce our terms and conditions;
    • Manage our business; and
    • Perform functions as otherwise described to you at the time of collection.

    In addition, we may use your financial information or payment method to process payments for any purchases, subscriptions or sales made on the Website or through the Service, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. If you would like to restrict the manner in which we use your information, please review "Your choices about collection and use of your information" and "Your rights" below.

    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 publicized 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. IP addresses and cookies.

    We automatically collect certain information when you use our site and our services including, without limitation, your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring site and your activity on our site. We use this information 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.

    In addition, if you have installed our mobile phone application, we collect mobile phone numbers, mobile screen resolution, device make and manufacturer, as well as the device's unique identifier (in the iPhone's case, a UDID), and, with your permission, your location. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

    We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site and services. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

    When you visit the Site, we may assign your computer or smart phone one or more cookies, to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. Cookies contain information that is transferred to your computer's or smart phone's hard drive. They help us to improve the Service and to deliver better and more personalised functionalities. They enable us:

    • mainly to recognise you when you use the Service;
    • 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.

    Of course, 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 Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Service.

  7. Information we share with others.

    We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on the Website or while using the Service.

    We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

    • Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include providing customer service, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
    • Business partners: To the extent you submit any personal information in any request for services, reservation, or in response to promotions offered through the Site or our Services, we may share that information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
    • Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by clicking here.

    We also may disclose your information:

    • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
    • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
    • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

    Any third parties to whom we may disclose your personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the European Union.

  8. Aggregated and non-personal information.

    We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

  9. 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 and may mean that you will be being unable to use certain features of our Site and the Services which require your information.

  10. Where we store your personal data.

    By submitting your personal data, you agree to the transfer of your personal data to the Database and the controlling, storing and processing of your personal data by Technogym. All data you provide is stored on secure servers in the territory of the European Union and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with applicable laws.

    Where you have been given a password which enables you to access certain functionalities of the Service, 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 Database; 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. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

  11. People and entities which may have access to your data.

    The personal data you give us that will be used by Technogym will be reported to and used by Technogym and/or the Wellness Operator's (where applicable) employees and/or workers and/or freelance workers, as well as by Technogym branches abroad and by the company Mywellness S.p.A. located in Italy, Cesena (FC), via Calcinaro n. 2861, 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 for the purpose of supplying the Service in compliance with the regulations in place in the Italian territory.

    Where you have given your consent to the Wellness Operator for accessing and processing your data in the Database for the provision of the Service, than the Wellness Operator may access your data in the position of personal data controller. Pay attention to the fact that the Wellness Operator will access and use your data in the Database autonomously, without any control or liability of Technogym. The Wellness Operator access to your data is consented only upon submission to you of the Wellness Operator privacy policy explaining the purposes and conditions for the Wellness Operator processing of your data.

    Limited to the purposes specified under Sections 5 and 7 above your personal data may be communicated to suppliers of TLC services or companies organizing the sending of marketing information.

    By flagging a certain box in your user profile, you may decide to make some of your data become public for all the users of the Service. In this event, you may select which and how many of your personal data you want to share with the other users of the Service.

  12. Length of the processing.

    The data collected in the Database will be kept throughout your subscription to the Service.

    Subject to your rights as specified under Section 130, 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 5 above.

  13. Your choices about collection and use of your information.

    When you register on our Site you may be given a choice as to whether you want to receive email messages and/or newsletters about product updates, improvements, special offers, or containing special distributions of content by us. At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by clicking on the following link and entering the email address associated with your account: link. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that, changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

    You may tell us not to share your personal information with third parties for direct marketing purposes by clicking on the following link and entering the email address associated with your account: link.

  14. Your rights.

    Controller of your data processing is Technogym S.p.A., via Calcinaro no. 2861, 47522 Cesena (FC). Technogym has appointed Mywellness S.p.A. as data processor in outsourcing for the provision of the Service. You have the right to ask Technogym not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing at the time you sign up for the Service or at any other time as provide above or by contacting us at info[at]mywellness.com.

    You have the right to access information held about you. Your right of access can be exercised by email to legal[at]technogym.com or in writing to the above address of Technogym S.p.A. Your rights also entitle you (on written application) to:

    • 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;
    • update, correct or add to your data;
    • 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;
    • 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);
    • 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.
  15. Links to other websites.

    The Service 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.

  16. Changes to the Privacy Policy.

    We reserve the right to change or modify this Privacy Policy. We will notify you of any changes by posting them on this page. If we make any material changes to the policy, we will also notify you by sending an email to the email address you most recently provided to us in your account, profile or registration. Your use of the Services will be subject to the most current version of this Privacy Policy posted on this page at the time of your use. We recommend that you check this page from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

  17. 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.