1. Data Controller and contact details
You may contact us through our Data Protection Officer (“DPO”) at the address firstname.lastname@example.org or by writing to us by ordinary post, marking the letter for the attention of the DPO at Technogym S.p.A. at via Calcinaro 2861, 47521 Cesena (FC), Italy.
To know your rights, please visit the section “Rights of the Data Subject” below.
2. When does this policy statement apply?
This section contains details of the data processing operations carried out by Technogym in connection with the services on the Mywellness® platform which are governed by the Terms and Conditions for use of the Mywellness® platform. The user accepts these terms and conditions when registering for the service, and the services are delivered via the website www.mywellness.com, the Technogym mobile apps or training equipment built into the platform and connected to the Internet (the “Mywellness® Service”).
If you train at a gym that uses the Mywellness platform
If you train at a gym that uses the Mywellness® platform and you are also registered for the Mywellness® Service
3. Purposes and legal basis of the data processing
We will process your personal data:
- In order to fulfil our contractual obligations in relation to the delivery of the Mywellness® Service, we will process all the personal data acquired during registration and the provision of the Mywellness® Service, such as identification details, details of the device, geo-localisation, wearable mobile devices or contact details;
- With your consent and in order to fulfil our contractual obligations and deliver the Mywellness® Service to you, we will process certain categories of special data, specifically your health data. You may revoke the consent previously given for these processing activities at any time, simply by deleting your account using the “Delete mywellness account” function in the “Account settings” section of the reserved area of the Mywellness® Service. In such a case, we will no longer process your data and will no longer be able to provide you with the Mywellness® Service;
- With your consent, to use your personal data for marketing and market research purposes, or to involve you in other commercial or promotional campaigns in addition to the sending of newsletters (you can unsubscribe from newsletters at any time by selecting “unsubscribe”) relating to other products and/or services offered by Technogym. If these services are offered in partnership with third parties, they will never have access to your data without your specific consent. Any promotional communications we send out may include content related to market research. They may be sent by email, social networks or telephone calls. You may adjust your consent settings at any time in the “Notifications” section of your personal area, or revoke consent previously given for such promotional activities, without any formal procedure;
- Based on the legitimate interests of Technogym, to analyse and improve our products and services; prepare anonymous datasets for our research and development; guarantee the quality of customer service; manage relations with Facilities; manage and internally control our activities; manage the loss and/or destruction of data or unauthorised access; collect and process anonymised data about the devices used for the Mywellness® Service in order to obtain useful information about how people use the service; if necessary, exercise our right to take legal action. In accordance with our legitimate interests we may send you promotional communications about similar products or services to those you have bought in the past. You may object to these communications at any time;
- To comply with any other obligations deriving from the applicable laws or orders made by the authorities, including accounting and tax obligations, and product warranties.
4. The data we process
- Your ordinary personal data (contact details, email address etc.).
- Personal details belonging to special categories, specifically: data about your health which is necessary for the provision and proper functioning of the Mywellness® Service;
- Details of your geographical location, if you allow this.
5. Recipients of your personal data
Depending on the case, your data may be disclosed to other parties. Specifically, depending on the particular service you have requested, your data may be disclosed to any of the following:
- With other users (for example anyone taking part in the same Challenge, or training with Technogym® Live); for these functions, you can change the settings on your profile by accessing the “My Details” Section, “Profile Preferences”;
- Other parties who are required to know the data in accordance with current legislation. In such cases, Technogym will merely communicate the data that is strictly necessary in accordance with the principle of proportionality and minimal processing.
6. International transfers
When we transfer your data to third parties based outside the EU or to countries that cannot guarantee an adequate level of data protection, we will do so after stipulating appropriate contractual guarantees with the third party provider, based on the provisions of the European data protection regulation (GDPR, directive 2016/679).
7. Period of retention of data
Your personal data will be processed for the entire time during which your registration to the Mywellness® Service is active. It will be anonymised immediately at the time of erasure. Technogym may continue to process your personal data as data controller, on behalf of a Facility of which you are a member. You will need to ask the Facility to indicate the relevant period of retention.
After 5 years of inactivity, Technogym will send you two quarterly reminders that you can request the erasure of your personal data and/or reminding you of your right to portability (see the section “Rights of the data subject” for more information). On expiry of the second reminder, your data will be definitively anonymised if you do not reply.
In the event of erasure it will no longer be possible for you to recover the data.
Children under the age of 16 (“Minors”) may only use the Mywellness® Service under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register for the Mywellness® Service with consent from their parent(s) or guardian(s) (“Parental Consent”). Minors may register for the Mywellness® Service by providing the e-mail address of one of their parents or guardians. Technogym will send an e-mail to the parent or guardian’s address asking them to authorise the Minor’s registration. Technogym will only confirm the registration and activate the Minor’s account to enable him or her to use the Mywellness® Service, once that consent has been obtained. If Technogym obtains no reply to a request for Parental Consent within 15 days, the request for registration of the Minor will be cancelled and all personal data will be deleted.
Technogym does not knowingly collect any information or data on Minors and does not allow them to register without Parental Consent. If Technogym discovers that any data collected in the Database relates to a Minor and that it was collected without valid Parental Consent, Technogym will delete this data at the earliest opportunity possible.
9. Rights of the data subject
You have the right to know which personal data is being processed. In particular, you have the right of access, rectification and erasure and the right to portability of data, the right to limit the processing and the right to object to the processing, where the conditions are met. If the data is processed for marketing purposes, or is based on our legitimate interests, you may object to it at any time. For more information about the processing of your personal data, or to exercise your right, you can contact the email address email@example.com or write to us by ordinary post, sending a letter marked for the attention of the Data Protection Officer at Technogym S.p.A., Via Calcinaro 2861, 47521 Cesena (FC), Italy.
Below is a brief illustration of your rights in relation to the processing of your personal data.
The right of access enables you to obtain confirmation of whether or not Technogym is processing your personal data and if necessary access that data and the related information;
The right of rectification allows you to obtain the modification of inaccurate personal details without unjustified delay and, taking into account the purposes of the data processing, to obtain the integration of incomplete data;
The right to erasure enables you to obtain the erasure of your data without unjustified delay (e.g. when your personal data is no longer required for the purpose for which it was collected), subject to the exceptions provided for by the applicable laws (e.g. when the retention of your data is necessary in order to comply with legal obligations applicable to the data controller);
The right to data portability allows you to receive your personal data, as supplied to Technogym, in certain circumstances provided for by the applicable laws, in a structured, commonly used, legible format from an automated device. You may send this data to another data controller provided that this right is permitted under the applicable laws, and except where this could harm the rights and freedoms of others; for certain services we have put in place automated portability systems which you will find on your account.
The right to limit the data processing allows you to limit the processing of your personal data in certain circumstances as provided for by the applicable laws. In such cases Technogym may continue to process your data, but only in certain cases, for example in order to exercise its right of defence and to protect the rights of another natural or legal person;
The right to object to data processing allows you, in certain circumstances provided for by the applicable laws, to object to the processing of your personal data unless there are prevailing legitimate reasons, rights or freedoms that would allow Technogym to continue to process the data;
|If there are reasons connected to your specific situation, you may object to the processing of your personal data at any time if it is based on a legitimate interest of Technogym or of a third party. In such cases, Technogym will no longer process the data unless there are other legitimate reasons to proceed with the processing.|
At any time you may complain to the Data Protection Authority if you consider that you have not obtained a satisfactory response from Technogym in relation to your rights or if you consider that they have been violated.