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:
- énergie Fitness (Franchising) UK Limited (Company Number: 12659023); Registered office address: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW) – in respect of the operation of our website and UK memberships;
- énergie International Licensing Limited (Company Number: 07930690; Registered office address: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW) - in respect of Irish memberships; and
- énergie Global Franchising Limited (Company Number: 12659057; Registered office address: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW) – in respect of management level processing such as wider management forecasting and financial planning/modelling.
- Digitally Empowered Limited (Company Number: 13443335; Registered office address: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW) – in respect of provision of online exercise programs, member management, digital and online content.
The énergie group operates the following brands:
- énergie Fitness
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:
- managing and administering your membership of our health and fitness clubs, including to provide you with access to our clubs, managing your attendance at classes, dealing with any complaints, questions or issues you raise with your membership;
- offering and providing day passes;
- provide the émpower Programme to members;
- arranging payment for your membership;
- direct marketing in relation to our health and fitness clubs;
- operating the énergie Fitness app (including registering a MyZone device through the énergie Fitness app or at one of our health and fitness clubs);
- to enable your MyZone device to interact and operate with equipment at our health and fitness clubs;
- provide the Bodytrax and Preva integrations as part of your membership
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.
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).
- Your member terms and conditions for information in relation to the contractual relationship between you and the franchisee that operates your home health and fitness club. Our franchisees have a license to operate health and fitness clubs utilising the énergie logo and branding. However, your contractual relationship is with the relevant franchisee in respect of your membership of Énergie health and fitness clubs;
- Our CCTV Policy for specific information related to our franchisees collection and use of CCTV footage at our health and fitness clubs; and
2. How we collect and use your personal data
Data Collection and Usage
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
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:
Both énergie Group and our franchisees use this information to:
In addition, our franchisees use this information to:
énergie Group use this information to:
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:
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:
For further details on how MyZone processes your personal data please see the MyZone Privacy notice https://www.myzone.org/privacy
Personal data you provide if you register an interest in joining up to one of our health and fitness clubs:
Both énergie Group and our franchisees will use this personal data in order to:
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:
Both énergie Group and our franchisees use this personal data in order to:
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;
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:
Information about the way you use our clubs including:
Both énergie Group and our franchisees use this personal data:
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.
Personal data you provide when registering an interest in becoming a franchisee including:
énergie Group will use this personal data to:
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
We collect the following data as part of the Empower Programme:
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.
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.
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:
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:
- Consent: you have given your consent to the processing (for example if you consent to receiving direct marketing from us) and your explicit consent (for example the collection of your health information as part of our Empower Programme);
- Performance of a contract: it is necessary for the performance of and compliance with your contract with us or in order to take steps prior to entering into that contract (for example as required to provide you with membership to one of our health and fitness clubs);
- Protection of vital interests: we need to process your personal data to protect your vital interests or those of a third party (for example, to contact an emergency contact in the event of an emergency or medical issue of a member at one of our health and fitness clubs); or
- Legal or Regulatory Obligation: we need to process your personal data in order to comply with a legal or regulatory obligation; or
- Legitimate Interests: it is necessary for our legitimate interests (or those of a third party). Please see section "When do we have legitimate interests?" below for more information.
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:
- Ensure effective administration and management of our website;
- Administer our operations and business in an efficient and effective way;
- Manage our health and fitness clubs and franchisees;
- Provide and administer accounts on our website and app for members of our health and fitness clubs;
- Understand how individuals use our website;
- Understand and respond to queries, complaints and feedback;
- Research and analyse the services our members want;
- Understand how you use our health and fitness clubs;
- Improve and develop our services including our health and fitness clubs;
- Maintain a public profile;
- Conduct market research;
- Transfer personal data in relation to an actual or proposed sale, transfer or re-organisation of all or part of our business and the acquisition of the business;
- Ensure network and information security;
- Ensure the security of our or another’s premises or property; and
- Enforce our legal rights and manage any dispute and legal claims and take legal or other professional advice.
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).
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
Bookings for Online Classes
Visits for any reason
Attended group ex in club
Attended 1:1 fitness appointment
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
Any financial transaction between us
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:
- Group companies - so we can provide the best service across our group. We also share your personal data within our group for management forecasting and financial planning purposes – although this would generally be aggregated data where no individual is identifiable.
- Franchisees – énergie Group will shall your personal data with our franchisees. Our franchisees operate our health and fitness clubs. We will share your personal data with our franchisees so that franchisees can provide you with membership of the relevant health and fitness club, provide you with access to the Empower Programme, enable MyZone device functionality to be used at our health and fitness clubs, contact your emergency contact in the event of an emergency, send you direct marketing (where you have consented to this) and operational messages regarding the health and fitness club (such as opening times and closures). Further details of how our franchisees process your personal data is set out in the How we collect and use your personal data section above.
- énergie Group – Our franchisees will share your personal data with énergie Group. énergie Group uses your personal data for purposes including managing and administering your membership of our health and fitness clubs, including to provide you with access to our clubs, managing your attendance at classes, dealing with any complaints or issues you raise with your membership and offer day passes, arranging payment for your membership, direct marketing in relation to our health and fitness clubs and operating the énergie Fitness app (including registering a MyZone device through the énergie Fitness app or at one of our health and fitness clubs). Further details of how énergie Group process your personal data is set out in the How we collect and use your personal data section above.
- Harlands Services Limited –énergie Group use a company called Harlands Services Limited to make direct debit collections on our behalf for members of our clubs in the UK. énergie Group share with Harlands all of the information which is necessary to make these collections and in order for them to be able to meet their obligations under the Direct Debit Guarantee Scheme.
- Other service providers – Third parties may process your personal data on our instructions. These include IT suppliers (including website, software and app providers), cloud hosting providers, credit reference agencies, debt agencies, health and safety advisors, professional advisors, marketing agencies, database providers, backup and disaster recovery specialists and email providers. Third parties also include MentionMe and Giftcloud, who collectively manage and deliver the brand's refer-a-friend programme.
Your personal data may be transferred to other third party organisations in certain scenarios, such as:
- If we're discussing selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
- If we are reorganised or sold, information may be transferred to a buyer who can continue to provide services to you;
- If we're required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police e.g. in order to assist fraud protection and minimise credit risk; or
- If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
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.
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:
- Access: you are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected.
- Erasure: you are entitled to ask us to delete or remove personal data in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims.
- Restriction: you are entitled to ask us to suspend the processing of certain of your personal data about you, for example if you want us to establish its accuracy.
- Transfer: you may request the transfer of certain of your personal data to another party in some circumstances.
- Objection: where we are processing your personal data based on a legitimate interest (or those of a third party) you may object to processing on this ground. However we may be entitled to continue processing your information based on our legitimate interests.
- Withdraw consent: where you have provided your consent to the collection and processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.
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:
- email, text message or push notification (through our énergie fitness app) if you have given your consent:
- to marketing relating to énergie Group products and services. This includes our newsletters, follow-ups after a day visit or tour at one of our health and fitness clubs, information relating to membership and upgrades to existing membership; and
- to marketing relating to third party products or services that may be of interest; and
- phone or post. If you do not wish to receive direct marketing by phone or post you can opt-out at any time.
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
- By email at [email protected]; or
- By post at: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW.
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:
- By e-mail at [email protected]
- By post at: Aurora House, Deltic Avenue, Rooksley, Milton Keynes, MK13 8LW.
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
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.