Privacy
statement
1. Identity of person responsible
In this privacy statement, we, Circle-Fit, explain how we process personal data. Circle-Fit is a trade name of Circle-Fit B.V. Circle-Fit has its registered office in Amsterdam and is registered with the Chamber of Commerce under number 32154179. If you have any questions about this privacy statement, the processing of personal data or if you wish to exercise your rights under the GDPR [1], please contact Circle-Fit: E-mail: frank@circle-fit.nl. Circle-Fit's designated representative is: Frank Dijkman
2. General
This Privacy Statement distinguishes between the personal data we process if you visit the Circle-Fit website, if you enter into an agreement with Circle-Fit and the personal data we process if you use the Circle-Fit app. Which personal data Circle-Fit processes through the website, under the agreement or through the App can be read in chapter 11. Circle-Fit first wishes to inform you of the legal basis for processing personal data and also to clearly inform you for what purposes personal data are processed.
3. Legal basis
Processing of personal data is lawful only if the processing falls under one of the bases set out in the Regulation.
Agreement performance
Circle-Fit processes personal data where it is necessary for the performance of the membership agreement between you and Circle-Fit.
Permission
Circle-Fit processes personal data not necessary for the performance of the membership agreement only if you have given your explicit consent for this.
Legitimate interest
Circle-Fit has a legitimate interest in informing you about new services, new branches or other news related to Circle-Fit. Circle-Fit will therefore inform you about these topics through direct marketing based on this legitimate interest.
4. Purpose of the processing
Performance of an agreement
Circle-Fit processes personal data in order to perform the agreement.
Improving services
Circle-Fit processes (personal) data to improve its services. For example, Circle-Fit may ask you to participate in customer satisfaction surveys. In that case, your personal data will only be processed after you give consent for this.
Contacting you
Circle-Fit processes your personal data in order to maintain contact with you. If you contact Circle-Fit through any channel, your personal data will be stored to address any query or complaint.
Complying with legal obligation
Circle-Fit also processes personal data in order to comply with a legal obligation incumbent on Circle-Fit.
5. Data we share
Personal data collected by Circle-Fit will be provided to third parties if necessary for the performance of the agreement. For example, Circle-Fit shares personal data with a third party to maintain membership records and a membership tracking system. (Special) personal data is also stored on servers of Circle-Fit suppliers. For the purpose of maintaining membership records and a membership tracking system, we share at least (and not limited to) the following personal data:
Your name;
Your gender;
Your address;
Your date of birth;
Your e-mail address;
Your phone number;
Your visit frequency;
Your bank details.
The sports equipment supplier processes personal data necessary for the performance of the agreement, whereby this data is viewable by you and Circle-Fit so that your progress can be tracked. For processing special personal data, you must give explicit consent. The personal data processed by the sports equipment supplier concerns at least (and is not limited to) the following (special) personal data:
Your name;
Your gender;
Your date of birth;
Your weight;
Your height;
Your muscle mass;
Your fat mass;
Your injuries or medical discomforts (anamnesis);
Your visit frequency;
Your development in terms of fitness, muscle building etc.
The personal data you provide will be stored on third-party servers, such as the party supplying the sports equipment. Personal data is also stored in third-party (online) software systems. Circle-Fit has signed a processor agreement with these third parties in which these third parties commit to adequately securing the data to be processed by them and not to process this data independently.
Circle-Fit will never provide personal data to third parties outside the cases mentioned in this privacy statement, unless you give your explicit consent or if Circle-Fit is or becomes obliged to do so by virtue of a court order or statutory provision.
6. Security
Circle-Fit makes every effort to adequately secure collected personal data. Circle-Fit has taken both technical and organisational measures to achieve a sufficient level of security of such personal data, given the nature of the personal data to be processed.
Circle-Fit's website is secured with an SSL certificate. All messages sent via the website are therefore transmitted to Circle-Fit in an encrypted manner.
7. Duration of storage
Circle-Fit will process any personal data necessary for the performance of an agreement with you for the duration of that agreement. After the agreement between you and Circle-Fit ends, Circle-Fit will retain personal data for a further 12 months. Data that, after Circle-Fit anonymises it, is no longer considered personal data, such as place of residence, gender and age, are stored for statistical purposes indefinitely. This data can never be traced back to you as a natural person. If Circle-Fit has a compelling reason to do so, Circle-Fit will retain your personal data longer than the specified period of 12 months after the termination of the agreement between you and Circle-Fit. In this case, Circle-Fit will inform you of the extended duration of the storage of your personal data and Circle-Fit's compelling interest in doing so.
8. Amendments to the privacy statement
Circle-Fit is entitled to make changes to this privacy statement at any time. If Circle-Fit proceeds to change the privacy statement, you will be informed via the website.
9. Your rights
Below you can read what rights you have and how you can exercise these rights against Circle-Fit.
Right to revoke consent
If Circle-Fit has obtained consent from you to process personal data, you have the right to revoke this consent at any time.
Right to inspect and correct
You have the right to request access to personal data collected about you at any time. You also have the right to have personal data processed by Circle-Fit (by Circle-Fit) corrected.
Right to be forgotten
You have the right to request Circle-Fit to delete all data collected about you. In principle, Circle-Fit must comply with this request. In certain cases, another (legal) interest may outweigh the right to ne forgotten, at Circle-Fit's discretion.
Right to lodge a complaint
You have the right, if you cannot reach a solution in consultation with Circle-Fit following a complaint, to lodge a complaint with the Dutch Data Protection Authority. You can submit your complaint in writing and send it to the following address: Dutch Data Protection Authority PO Box 93374 2509 AJ The Hague
10. Applicable law & miscellaneous
Any legal disputes arising as a result of this privacy statement will be exclusively submitted to the Dutch courts under the applicability of Dutch law. If Circle-Fit transfers to a third party or Circle-Fit merges with a third party, your personal data may be disclosed to that party. This party thereby acquires the right to continue processing your personal data as agreed in this privacy statement. If you have any questions, complaints or comments regarding the use of your personal data, you should notify Circle-Fit (info@circle-fit.nl) by e-mail.
11. What personal data Circle-Fit processes
Website
(Personal) data to be provided by you: Personal data obtained by Circle-Fit through the use of the website will only be processed on the basis of consent given by you. Personal data provided by you through the website will only be processed to contact you and inform you about the services provided by Circle-Fit. Circle-Fit will never disclose any personal data you provide via the website to third parties, unless Circle-Fit is required to do so by law. If you complete a contact form on the website, Circle-Fit processes at least the following personal data:
Your name;
Your e-mail address;
Your phone number.
Social media
If you visit the Circle-Fit website, we may process specific parts of your personal data if you use social media features, including the ‘Like function’ provided on our website. By liking Circle-Fit on Facebook or other social media, Circle-Fit may gain insight into certain personal data you have shared through these social media companies. More information on the personal data we obtain can be obtained from the relevant social media network.
Cookies
Circle-Fit uses (online) software and/or cookies to analyse the use of the website. The following (online) software and cookies are used:
Google Analytics
Circle-Fit uses Google Analytics software to understand website traffic. Through Google Analytics, CircleFit does not collect IP addresses. The information collected by Google is anonymised as much as possible. The data collected by Google Analytics is transferred to Google servers in the United States. Google complies with the Privacy Shield requirements and thus provides an adequate level of protection.
Agreement
If you enter into an agreement with Circle-Fit, Circle-Fit will also process your personal data that is necessary for the performance of the concluded agreement. For the processing of personal data that Circle-Fit processes that are not necessary for the performance of a concluded agreement, Circle-Fit will first seek your consent before processing such personal data. If you enter into a membership agreement, or if you have already entered into such an agreement with Circle-Fit, Circle-Fit will, for the performance of this agreement, request and process at least the following of your personal data in order to perform the agreement:
Your name;
Your address;
Your phone number;
Your gender;
Your date of birth;
Your IBAN number.
In addition to the personal data that Circle-Fit processes for the conclusion of a membership agreement, Circle-Fit also processes personal data if you use Circle-Fit's services and/or facilities. This data is also processed by Circle-Fit to properly perform the agreement with you. It concerns at least the following (personal) data:
Your membership number;
Your chosen subscription type;
Additional services purchased;
Your preferred location (home location) of Circle-Fit;
How you became a member;
Last and number of visits;
(Un)paid invoices from Circle-Fit;
Data you provided through the application.
In order to properly perform the agreement with you, Circle-Fit also processes some data about your health, which is considered special personal data under current legislation. For processing special personal data, Circle-Fit has requested your explicit consent. If you give your consent to the processing of special personal data, including medical data, Circle-Fit processes at least the following data:
Your weight;
Your height;
Your muscle mass;
Your fat mass;
Your injuries or medical discomforts (anamnesis);
Your development in terms of fitness, muscle building etc.
Circle-Fit Application
If you use the mobile phone application developed by Circle-Fit (hereinafter: the App), Circle-Fit also processes personal data that you provide via the App that Circle-Fit will use to perform the agreement with you, such as keeping track of your appointments in the calendar. When using the App, you will be asked to provide the following personal data, which will be used to perform the membership agreement and offer you additional services:
Your name;
Your e-mail;
Your preferred location (home location) of Circle-Fit
[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).